The report released by the Association for Democratic Reforms (ADR), analyzed the criminal records of ministers across 27 State Assemblies, 3 Union Territories and the Union Council.

Key Highlights

• Criminal Cases: Out of the 643 ministers, 47% ministers have declared criminal cases against themselves.
• Serious Criminal Cases: 27% ministers have declared serious criminal cases including cases related to murder, attempt to murder, kidnapping, crimes against women, etc.

Causes of Criminalization of Politics

•  Muscle Power & Criminal Nexus: Politicians use criminals to sway voters with fear and money, often rewarding them with party tickets for winnability (Dharam Vira Commission, 1977).
• Money Power: Excessive election spending and politician-bureaucrat nexus drive corruption and illegal funding.
• Identity Politics: Elections, especially panchayat, prioritize caste/religion over criminal records.
• Other: Weak laws, slow judicial process and socio-economic factors such as poverty, illiteracy, and underdevelopment foster voter manipulation.

 Impact of Criminalization of Politics:

• Erosion of democratic values and rule of law: Due to criminal elements in the public life, Politics, crime, and violence become intertwined.
• Justice denied: Transparency and accountability are weakened.
• Risk of India turning into a “government of criminals, for the criminals” instead of democracy.

Measures taken:

• Legislative: 
  • Section 8(3) of Representation of People Act, 1951: disqualifies legislators convicted for a sentence of at least 2 years for a period of 6 years since his release. 
• Judicial pronouncements: 
  • Union of India v Association for Democratic Reforms, 2002: Mandates disclosure of candidates’ past and pending criminal charges.
  • Public Interest Foundation Case, 2018: Supreme Court ordered mandatory publication of criminal records of candidates by political parties.
  • Lily Thomas v Union of India, 2013: Those convicted would suffer immediate disqualification.