Introduction

The intertwining of crime and politics is not new in India, but the recent figures are deeply concerning. An analysis of elected representatives reveals that 31% of MPs and 29% of MLAs across India have declared serious criminal charges against them. More strikingly, in the Lok Sabha, this share has more than doubled from 14% in 2009 to 31% in 2024. Such data points underscore a disturbing trend where democratic institutions are increasingly being captured by individuals with questionable integrity.

About 30% of MPs and MLAs face serious criminal cases

The Scale of Criminalisation in Indian Politics

MPs with serious charges: 31% in 2024, compared to 14% in 2009.
MLAs with serious charges: 29% nationwide, amounting to more than 1,200 legislators.
Definition of serious crimes: Offences with punishments of 5+ years, or non-bailable in nature.

State-wise Picture of the Crisis

Telangana: Highest share of MPs with serious cases (71%).
Bihar: Second-highest share of MPs (48%).
Uttar Pradesh: Highest absolute number of MPs (34) and MLAs (154 or 38%).
Andhra Pradesh: Highest share of MLAs with serious cases (56%), followed by Telangana (50%).

Political Party-Wise Trends

BJP: Largest absolute number—63 MPs (26%) and 436 MLAs (26%).
Congress: 32 MPs (32%) and 194 MLAs (30%).
RJD: 100% of its 4 MPs, and 62% of MLAs face serious cases.
TDP: 61% of MLAs facing serious charges.

Criminalisation of politics as a Democratic Crisis

Undermines Rule of Law: Representatives sworn to make laws are themselves accused of violating them.
Erodes Public Trust: Citizens lose faith in democratic institutions.
Policy Capture Risk: Legislators with criminal backgrounds may promote laws benefiting vested interests.
Vicious Cycle: Money, muscle power, and electoral compulsions perpetuate the entry of tainted candidates.

Constitutional and Legal Context

Representation of People’s Act, 1951: Currently disqualifies convicted representatives but not those with pending cases.

Judicial Interventions:

Lily Thomas vs Union of India (2013): Immediate disqualification upon conviction.
Public Interest Foundation vs Union of India (2018): Urged political parties to disclose candidate criminal records widely.

Conclusion

The latest data underscores that criminalisation in politics is not just persisting but worsening, with more than one in four lawmakers facing serious charges. Unless systemic reforms, ranging from fast-track courts to stricter disqualification laws, are implemented, India risks democratic backsliding. For a healthy democracy, the moral legitimacy of legislatures must be restored.

Value Addition

Issues with Criminalisation in Politics

Erosion of Democratic Legitimacy: Lawmakers accused of breaking the law undermine the moral authority of Parliament/Assemblies.
Weakening of Rule of Law: Offenders often manipulate investigations, delay trials, and escape accountability.
Policy Capture & Corruption: Legislators may pass laws or influence contracts to protect vested interests.
Distortion of Electoral Choices: Voters are forced to choose between tainted candidates, limiting free and fair choice.
Loss of Public Trust: Citizens lose faith in governance when crime and politics merge.
Security Threats: Nexus of politics and crime leads to rise in muscle power, intimidation, and weakens internal security.

Why do Parties Field Candidates With Criminal Background?

Money Power: Candidates with criminal networks bring enormous funds to finance expensive elections.
Muscle Power: They help in mobilising voters, intimidating opponents, and managing booths in certain constituencies.
Winnability Factor: Studies show voters often overlook criminal charges if the candidate is influential, caste-backed, or delivers local patronage.
Weak Legal Framework: Only convicted representatives are barred; those with pending cases can contest. With trials dragging on for years, many continue to fight elections.
Vote-Bank Politics: Parties use “strongmen” with community backing to secure caste/religion-based votes.

Way Forward with Committee Reports, Judgments & Reforms

Committee Recommendations

Vohra Committee (1993): Flagged deep nexus between crime, politics, and bureaucracy.
Law Commission 170th Report (1999): Recommended disqualification of candidates once charges are framed in heinous offences.
Law Commission 244th Report (2014): Suggested immediate disqualification in cases with charges punishable by 5 years or more, and where charges are framed by a court.
Election Commission of India (ECI) Recommendations: Ban on candidates facing heinous charges; fast-track courts to decide political cases within a year.

Judicial Interventions

Lily Thomas vs Union of India (2013): MPs/MLAs disqualified immediately upon conviction (earlier they could continue for 3 months pending appeal).
Public Interest Foundation vs Union of India (2018): Directed political parties to publicise candidate criminal records widely (website, media, papers).

Suggested Reforms

Fast-track Courts: To ensure cases against politicians are resolved within strict timelines.
Stricter Disqualification Norms: Disqualify candidates at the stage of framing of charges (with safeguards against false cases).
Political Party Accountability: Legal provisions to penalise parties giving tickets to tainted candidates.
State Funding of Elections: Reduce dependence on money/muscle power.
Voter Awareness: Encourage citizens to reject candidates with serious charges through awareness campaigns.

PYQ Relevance

[UPSC GS II] There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act.” Comment

Linkage: The issue of disqualification under the Representation of People’s Act (RPA), 1951 is central to tackling criminalisation of politics. Recent data showing over 30% MPs/MLAs facing serious criminal charges highlights the inadequacy of current provisions that act only after conviction. Simplifying and strengthening disqualification procedures, as urged by committees and the Supreme Court, is vital to restore public trust in democracy.

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