Why in News?
A report by the Association for Democratic Reforms and National Election Watch found that 31% of sitting Rajya Sabha MPs have declared criminal cases, while 16% have declared serious criminal cases in their election affidavits.
Key Findings
- Analysis covered 226 of 233 Rajya Sabha MPs.
- 4 seats (West Bengal) were vacant.
- 3 MPs were excluded as affidavits were unavailable.
- 69 MPs (31%) declared criminal cases.
- 36 MPs (16%) declared serious criminal cases.
- Serious offences include:
- 1 MP with a murder case.
- 4 MPs with attempt to murder cases.
- 4 MPs with crimes against women.
Party-wise Criminal Cases
- BJP: 28 of 107 MPs (26%), Congress: 12 of 29 MPs (41%), AITC: 2 of 9 MPs (22%), DMK: 2 of 8 MPs (25%), SP: 2 of 4 MPs (50%), TDP: 3 of 4 MPs (75%), BRS: 3 of 3 MPs (100%), CPI(M): 3 of 3 MPs (100%), RJD: 2 of 3 MPs (67%), AIADMK: 1 of 4 MPs (25%), NCP: 1 of 4 MPs (25%), and AAP: 1 of 3 MPs (33%)
Wealth Profile
- 31 MPs (14%) declared assets exceeding ₹100 crore.
- Major parties: BJP: 7 MPs, Congress: 6 MPs, YSRCP: 2 MPs, TDP: 2 MPs, BRS: 2 MPs, and NCP: 2 MPs
About ADR
- The Association for Democratic Reforms (ADR) is a non-governmental, non-partisan organization established in 1999.
- It works to promote:
- Electoral transparency.
- Political and electoral reforms.
- Informed voting through analysis of candidates’ affidavits.
- ADR uses disclosures mandated by the Supreme Court and the Election Commission of India.
Constitutional and Legal Background
- Article 80: Composition of the Rajya Sabha.
- Representation of the People Act, 1951
- Section 8: Disqualification upon conviction for specified offences.
- Mere pendency of criminal cases does not disqualify a candidate unless a conviction attracts disqualification under law.
- Candidates must disclose criminal antecedents in nomination affidavits following Supreme Court judgments.
[2020] Consider the following statements:
1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.
2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.
Which of the statements given above is/are correct?
a . 1 only
b . 2 only
c. Both 1 and 2
d . Neither 1 nor 2