Hyderabad: An analysis by the 'Association of Democratic Reforms' (ADR) has stated that 363 sitting MLAs and MPs have criminal cases against them, with 83 among them belonging to the ruling BJP. Also, these lawmakers have been framed by the court for offences falling under Section 8(1) (2) & (3) of the R.P Act,1951, the report states. This list also includes 47 lawmakers from the Congress and 25 lawmakers from the AITC facing criminal cases.
Among Lok Sabha Elections, 2019 witnessed the participation of 67 MPs, followed by Bihar Assembly Election 2020 with 54 MLAs and Kerala Assembly Election 2021 with 42 MLAs having declared criminal cases, wherein they were framed under Section 8(1) (2) & (3) of the R.P Act,1951. There are also 4 Union Ministers and 35 Ministers of State Assemblies who have declared criminal cases and against whom the charges have been framed. The report also states that on an average the criminal cases pending against MPs has been 7 years and for MLAs it has been 6 years. Also, 24 Lok Sabha MPs have a total of 43 criminal cases and 111 MLAs have a total of 315 criminal cases pending against them for over 10 years.
Read: SC fines political parties for not publishing criminal antecedents of candidates
What's Section 8(1), (2) & (3) of RP Act, 1951?
Section 8 of the Representation of People Act, 1951 lays down disqualifications for persons being chosen as, and for being, a 'Member of either House of Parliament' as well as a 'Member of the Legislative Assembly or Legislative Council' of the State. While, Sub-sections (1), (2) and (3) of the Act provide that a person convicted of an offence mentioned in any of these sub-sections shall stand disqualified from the date of conviction and shall continue to be disqualified for a further period of six years since his/her release.
The offences listed under Section 8 (1), (2) & (3) are serious in nature and cover offences under 1860 (IPC) such as murder, rape, dacoity, robbery, kidnapping, crimes against women, bribery, undue influence, enmity between different groups on ground of religion, race, language, place of birth. It also relates to corruption and money laundering, production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance, offences relating to FERA, 1973, offences relating to hoarding and profiteering, adulteration of food and drugs, dowry etc. In addition to the above, Section 8 also covers those offences where a person is convicted and sentenced to imprisonment for not less than two years.
SC had fined political parties for not publishing criminal antecedents of candidates
On August 10, 2021, the Supreme Court had fined eight political parties with a penalty of Rs 1 lakh and Rs 5 lakh for not complying with its orders regarding the disclosure of criminal antecedents of its candidates on their websites, newspapers and social media in Bihar state assembly elections. The parties included Janata Dal United, Rashtriya Janata Dal, Lok Janshakti Party, Indian National Congress, Bhartiya Janata Party, Communist Party of India (Marxist), Nationalist Congress Party, Bahujan Samaj Party, Communist Party of India and Rashtriya Lok Samta Party.
Communist Party of India (Marxist) and Nationalist Congress Party were directed to pay Rs 5 lakh and the others Rs 1 lakh in an account created by the ECI within a period of eight weeks. The CPI (M) and NCP did not follow the directions at all, and failed to produce any details, so they were penalized with additional amount. The Supreme Court had also ordered political parties to publish criminal records of candidates within 48 hours of their selection mandatorily.
