11-Sep-2020: Timelines for Publicity of Criminal Antecedents
In continuation of the detailed instructions dated 10.10.2018 and 6.3.2020 issued by ECI in the matter of publicity of criminal antecedents by the contesting candidates as well as by the political parties nominating such candidates, it was discussed at length in the Commission’s meeting today. Commission decided to further streamline the instructions concerning publicity of criminal antecedents by candidates concerned and by the political parties, who nominate them for elections. Commission has always emphasised on this moral yardstick for overall betterment of electoral democracy.
Highlights of the modified instructions are as follows:
- Revised Timeline for Publicity
As per the revised guideline, the candidates as well as the political parties, regarding candidates nominated by them, will publish the details of criminal antecedents, if any, in newspapers and television in following manner:
- First publicity: Within first 4 days of last date of withdrawal.
- Second publicity: Within 5th to 8th day of last date of withdrawal
- Third publicity: From 9th day till the last day of campaign, i.e. two days prior to date of poll).
This timeline will help the voters in exercising their choices in more informed manner.
B. Regarding the publicity by uncontested winning candidates as well as the political parties who nominate them, it is clarified that uncontested winner candidates as well as the political parties who nominate them shall also publicise the criminal antecedents, if any, as prescribed for other contesting candidates and political parties.
As decided by Commission, a Compendium of all instructions and formats issued so far, in this matter, is being published for the benefit of stakeholders. This will help in creating more awareness amongst the voters and other stakeholders. All instructions, in this regard, must be complied by the contesting candidates with criminal antecedents and the political parties regarding their nominated candidates. These modified instructions shall apply with immediate effect.
14-Feb-2020: Election Commission of India to implement the directions of Hon’ble Supreme Court concerning criminal antecedents of candidates
Election Commission of India has consistently espoused rigorous and loftiest normative standards in public life. Hon’ble Supreme Court on 13 February, 2020 in Contempt Pet. (C) No. 2192 of 2018 of W.P. (C) No. 536 of 2011 invoking Article 129 and Article 142 of the Constitution of India directed as under,
“1) It shall be mandatory for political parties [at the Central and State election level] to upload on their website detailed information regarding individuals with pending criminal cases (including the nature of the offences, and relevant particulars such as whether charges have been framed, the concerned Court, the case number etc.) who have been selected as candidates, along with the reasons for such selection, as also as to why other individuals without criminal antecedents could not be selected as candidates.
2) The reasons as to selection shall be with reference to the qualifications, achievements and merit of the candidate concerned, and not mere “winnability” at the polls.
3) This information shall also be published in: (a) One local vernacular newspaper and one national newspaper; (b) On the official social media platforms of the political party, including Facebook & Twitter.
4) These details shall be published within 48 hours of the selection of the candidate or not less than two weeks before the first date for filing of nominations, whichever is earlier.
5) The political party concerned shall then submit a report of compliance with these directions with the Election Commission within 72 hours of the selection of the said candidate.
6) If a political party fails to submit such compliance report with the Election Commission, the Election Commission shall bring such non-compliance by the political party concerned to the notice of the Supreme Court as being in contempt of this Court’s orders/directions.”
Election Commission of India whole-heartedly welcomes this landmark order, which is bound to go a long way in setting new moral yardsticks for overall betterment of electoral democracy. Earlier, Commission on 10 October 2018 issued detailed instructions and guidelines along with amended form of affidavit for ensuring publicity of criminal antecedents by the candidates and the concerned political parties for the information of voters. This is being implemented in all the elections since November, 2018. Now, Commission proposes to reiterate these instructions with suitable modifications in order to implement the directions of Hon’ble Supreme Court in letter as well as in spirit.
13-Feb-2020: SC directs political parties to publish reasons for selecting candidates with criminal record
The apex court said political parties will also have to upload reasons for selecting candidates with pending criminal cases on their website.
The court passed orders on a contempt plea which raised the issue of criminalisation of politics claiming that directions given by the apex court in its September 2018 verdict relating to disclosure of criminal antecedents by candidates are not being followed.
The five-judge constitutional bench also directed that political parties will publish these details on social media platforms like Facebook and Twitter and in one local vernacular and one national newspaper.
The top court said political parties will have to submit a compliance report in this regard to the Election Commission within 72 hours of selecting candidates having pending criminal cases against them.
It directed that the EC shall bring it to the notice of the apex court in case of failure of political parties to comply with its directions.
While pronouncing the order, the bench also said it appears that there has been an alarming increase in criminalisation of politics in the last four general elections.
27-May-2019: Nearly 50 per cent MPs in new Lok Sabha have criminal records
The chances of winning for a candidate with declared criminal cases in the Lok Sabha 2019 is 15.5 per cent whereas for a candidate with a clean background, it is 4.7 per cent. This is due to the fact that the 17th Lok Sabha will have close to half of its new Members of Parliament (MPs) with declared criminal cases.
Out of the 539 winners analysed in Lok Sabha 2019, 233 MPs have declared criminal cases against themselves. This is an increase of 44 per cent in the number of MPs with declared criminal cases since 2009.
Congress MP Dean Kuriakose from Idukki constituency in Kerala has declared 204 criminal cases against himself. These include cases related to committing culpable homicide, house trespass, robbery, criminal intimidation, etc.
As per the self-sworn affidavits submitted by the candidates at the time of filing nominations, the new Lok Sabha has surpassed the previous two in electing MPs with criminal records.
Out of the 542 MPs analysed during Lok Sabha elections in 2014, 185 (34 per cent) winners had declared criminal cases against themselves while out of 543 winners analysed during Lok Sabha elections in 2009, 162 (30 per cent) had declared criminal cases against themselves.
This time it's close to half. Out of the 539 winners analysed in Lok Sabha elections 2019, 233 (43 per cent) MPs have declared criminal cases against themselves.
The figure is far more alarming when it comes to serious criminal cases. Around 159 (29 per cent) winners this time have declared serious criminal cases including cases related to rape, murder, attempt to murder, kidnapping, crimes against women, etc.
In 2014, out of 542 MPs analysed, 112 (21 per cent) had declared serious criminal cases against themselves. In 2009, out of 543 winners analysed, 76 (14 per cent) winners had declared serious criminal cases against themselves.
There is an increase of 109 per cent in the number of MPs with declared serious criminal cases since 2009.
Among the new Lok Sabha MPs, there are 10 who have declared convicted cases against themselves. There are 11 MPs with declared cases related to murder (Indian Penal Code Section-302) and 30 winners with declared cases of attempt to murder (IPC Section-307).
There are 19 MPs who have declared cases related to crimes against women. Out of these, three have declared cases related to rape (IPC Section-376) and six have declared cases related to kidnappings.
Around 29 winners have declared cases related to hate speech.
Among the political parties, NDA ally Janta Dal United (JDU) has the highest percentage of MPs with criminal records.
In their affidavits, 13 (81 per cent) out of 16 winners from JD(U), 29 (57 per cent) out of 51 winners from INC, 10 (43 per cent) out of 23 winners from DMK, 9 (41 per cent) out of 22 winners fielded by AITC and 116 (39 per cent) out of 301 winners from the BJP have declared criminal cases against themselves.
While, 87 (29 per cent) out of 301 winners from the BJP, 19 (37 per cent) out of 51 winners from INC, 6 (26 per cent) out of 23 winners from DMK, 4(18 per cent) out of 22 winners fielded by AITC and 8 (50 per cent) out of 16 winners from JD(U) have declared serious criminal cases against themselves in their affidavits.
The above report has been released by National Election Watch and Association for Democratic Reforms (ADR) after analysing the self-sworn affidavits of 539 out of 542 winners in the 2019 Lok Sabha elections.
Elections in Vellore constituency was cancelled. Three winners were not analysed due to the unavailability of their clear and complete affidavits on the Election Commission of India website at the time of making this report.