The Supreme Court has delivered a landmark verdict with regard to convicted MPs and MLAs. The judgment has ruled that a convicted elected representative cannot continue in office and the conviction will lead to instant disqualification of the elected representative.
The safeguard provided under Section 8(4) of the Representation of the People Act, 1951 has been struck down and declared ultra vires of Constitution. The Supreme Court has held that there cannot be two separate laws for elected representatives and contesting candidates.
Association for Democratic Reforms (ADR) and National Election Watch (NEW) have compiled a detailed data of criminal cases self declared by sitting MPs and MLAs
In its analysis, ADR and NEW have analyzed a total of 4807 sitting MPs and MLAs. A total of 1460 out of these 4807 (30%) sitting MPs and MLAs have declared criminal cases against themselves in their self sworn affidavits submitted by them to the Election Commission of India prior to contesting elections. 688 (14%) out of the total number of sitting MPs and MLAs analyzed have declared serious criminal cases against themselves.
162 (30%) out of the 543 Lok Sabha MPs have declared criminal cases against themselves. 14% of the current Lok Sabha MPs have declared serious criminal cases against themselves.
1258 (31%) out of the 4032 sitting MLAs from all state assemblies have declared criminal cases against themselves. 15% of the current MLAs from all state assemblies have declared serious criminal cases against themselves.
The Jharkhand 2009 Assembly has the highest percentage of elected representatives (74%) who declared criminal cases against themselves. 55 out of 74 MLAs of the Jharkhand 2009 Assembly declared criminal cases against themselves.
Among the recent elections that have been covered by ADR and NEW, the Bihar 2010 Assembly has 58% MLAs who have declared criminal cases against themselves. The Uttar Pradesh 2012 Assembly has 47% MLAs with criminal cases.
However positive outcome has come from the Easten state Manipur as none of the MLAs of the Manipur 2012 Assembly have declared criminal cases against themselves.
Analysis of sitting MPs and MLAs with self declared Criminal Cases- Party Wise
82% of MPs and MLAs who have gotten elected on JMM tickets have declared criminal cases against themselves. 64% of MPs and MLAs who have gotten elected on RJD tickets have declared criminal cases against themselves. 48% of elected representatives who have gotten elected on SP tickets have declared criminal cases against themselves.
31% of MPs and MLAs who have gotten elected on BJP tickets have declared criminal cases against themselves (Out of the 1017 MPs and MLAs from BJP, 313 have declared criminal cases). 21% of MPs and MLAs who have gotten elected on INC tickets have declared criminal cases against themselves (Out of the 1433 elected representatives from INC, 305 have declared criminal cases against themselves).
