12 re-elected MPs between 2004-19 have criminal cases’

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CategoryPolity

Last Updated24/02/2024

A total of 12 out of 23 Members of Parliament re-elected from 2004 to 2019 have criminal cases against them, according to a report by the Association for Democratic Reforms (ADR) and National Election Watch.

Nine of the 12 face serious charges such as murder, attempt to murder and dacoity.
The report was prepared after an analysis of the self-sworn affidavits of 23 re-elected MPs from 2004 to 2019.
Of 17 BJP MPs who were re-elected, seven (41%) had criminal cases against them and all three Congress MPs re-elected faced criminal cases.
The lone re-elected MP from the All India Majlis-e-Ittehadul Muslimeen (AIMIM) had a criminal case against him as did the MP from Shiv Sena.
Four of the re-elected MPs had declared their educational qualifications to be between Class 10 and 12 while 18 have declared educational qualification of graduation or above and one re-elected MP is a diploma holder.

In 2002, Supreme Court gave a historic ruling in Union of India (UOI) vs. Association for Democratic Reforms that every candidate, contesting an election to the Parliament, State Legislatures or Municipal Corporation,
- Has to declare their criminal records, financial records and educational qualifications.
In 2005, the Supreme Court in Ramesh Dalal vs. Union of India held that a sitting t (MP) or (MLA) shall also be subject to disqualification from contesting elections
- If he is convicted sentenced to not less than 2 years of imprisonment by a court of law.
In 2013, in Lily Thomas vs. Union of India, the Supreme Court held that Section 8(4) of The Representation of the People Act, 1951 is unconstitutional
- Which allows MPs and MLAs who are convicted to continue in office till an appeal against such conviction is disposed of.
In 2013 in People's Union for Civil Liberties vs. Union of India case Supreme Court
- Asked Election Commission to provide 'none of the above' choice to voters to exercise their right to express no confidence against all candidates in fray.
In 2014 Supreme Court recommends to PM/CMs not to include persons, against whom charges have been framed in serious offences, in their council of Ministers.
In 2016, Supreme Court refers to 5-judge Constitution bench whether framing of charge in heinous crimes against an MP or MLA would disqualify him.
This also meant whether a person against whom charges framed in serious offences be debarred from contesting elections