Introduction

The increasing presence of individuals with criminal backgrounds in legislative bodies has emerged as a serious concern for Indian democracy. The phenomenon, commonly referred to as the criminalization of politics, undermines constitutional values and erodes public confidence in democratic institutions. Data released by the Association for Democratic Reforms (ADR) has brought renewed focus to this persistent challenge.

Current Scenario and Data Highlights

As per ADR’s recent analyses (2024–2025):

• 44% of Lok Sabha MPs and 45% of MLAs across the country have disclosed criminal cases in their election affidavits. Notably, 29% of these cases involve grave charges like murder, attempt to murder, and crimes against women.
• States such as Andhra Pradesh (79%), Telangana and Kerala (69%), and Bihar (66%) have the highest number of legislators with criminal records.
• Among the accused are 54 MLAs charged with murder, 226 with attempted murder, and 127 with crimes against women, including 13 with rape charges.
• 23% of women legislators also face criminal allegations, indicating the pervasive nature of the issue across gender lines.
• A significant number of legislators with serious cases are also high net-worth individuals, particularly from Andhra Pradesh and Telangana, showing a concerning link between money power and political success.

Underlying Causes

Several structural and political factors contribute to the criminalization of India's electoral system:

• Inadequate Legal Provisions: Individuals are permitted to contest elections until conviction, as reaffirmed in the Public Interest Foundation vs. Union of India (2018) judgment.
• Judicial Delays: The absence of speedy trials enables accused politicians to continue in office without legal resolution.
• Political Utility of Strongmen: In regions with weak law enforcement, candidates with criminal backgrounds are perceived as effective enforcers or community protectors.
• Party Prioritization of Winnability: Political parties often ignore criminal records when nominating candidates who are likely to win.
• Influence of Money and Muscle Power: Many such candidates possess substantial financial and coercive clout, which aids their electoral prospects.
• Limited Voter Awareness: Despite the mandatory disclosure of criminal cases, there is insufficient public engagement with this information.

Impact on Governance and Democracy

The influence of criminal elements in politics has multiple adverse consequences:

• It undermines democratic legitimacy and weakens public faith in elected institutions.
• Policy-making is compromised, as legislators with vested interests may act contrary to public welfare.
• The dominance of such individuals fosters a culture of impunity, worsening governance and law and order.
• Ethical standards decline, discouraging professionals and clean candidates from entering public life.

Judicial and Institutional Measures

Key interventions include:

• In Lily Thomas vs. Union of India (2013), the Supreme Court ruled that convicted legislators receiving a sentence of two years or more must be disqualified immediately.
• In 2020, the apex court mandated political parties to publicly explain why candidates with criminal records were chosen.

Reform Measures

To counter this trend, a multi-pronged approach is required:

• Amend election laws to bar candidates with serious charges from contesting, especially if charges are framed by a court.
• Set up fast-track courts for time-bound trials of political candidates, as recommended by the Supreme Court.
• Implement state funding of elections to curb the role of black money, as advised by the Indrajit Gupta Committee.
• Enhance voter literacy through outreach campaigns and digital platforms.
• Strengthen accountability of political parties by enforcing penalties for repeated nomination of tainted candidates.
• Empower the Election Commission to refuse recognition or symbols to non-compliant parties.

Conclusion

The entrenchment of criminal elements in politics is a serious challenge to India's democratic aspirations. Addressing it requires urgent legal reforms, institutional vigilance, political responsibility, and an informed electorate. Only through collective effort can the ideals of clean and ethical governance be restored.