Critic Takeaways
- Rising Trend: Increase in MPs with criminal charges from 24% in 2004 to 43% in 2019.
- Mandatory Disclosure: Political parties must disclose criminal cases against candidates.
- Justification Required: Parties must explain why candidates with criminal records were chosen.
- Website Disclosure: Information must be available on the party’s official website.
- Media Publication: Details must be published in local and national newspapers and on social media.
- Timely Information: Publish details within 48 hours of selection or two weeks before nominations.
- Report to Election Commission: Parties must report compliance within 72 hours of candidate selection.
- Non-compliance Consequence: Election Commission to report violations to the Supreme Court.
- Transparency: Enhances transparency and accountability in the electoral process.
Facts of the case
In this case, the Supreme Court of India said that there has been a rise in the number of criminal politicians in India since the last four general elections, and political parties have not explained why they chose a party member with a criminal record. In 2004, illegal charges were being brought against 24% of Parliament members. That number rose to 30% in 2009 and 34% in 2014. In 2019, as many as 43% of MPs were facing criminal charges.
Judgement of the case
At both the Central and State levels, the Supreme Court told political parties to put accurate information about pending criminal cases against chosen candidates on their websites. They also had to explain why those candidates were chosen instead of others who had no criminal record.
Also, this kind of information has to be printed in at least one neighborhood newspaper, one national newspaper, and on the main social media sites of the political party, like Facebook and Twitter. The information must be made public within 48 hours of the nominee being chosen or at least two weeks before the first day that nominations can be filed, whichever comes first.
In addition, all the political parties involved must file a report with the Election Commission of India within 72 hours of the candidate being chosen, stating that they have followed the Supreme Court’s instructions. If any political party fails to do so, the Election Commission will inform the Supreme Court of India that they have broken the court’s orders.
