According to an analysis last year by the not-for-profit Association for Democratic Reforms ( ADR) , the share of MPs with declared criminal cases has been increasing in the last decade. Of 543 winners analysed by ADR in 2009 Lok Sabha elections, 162 (30%) had declared criminal cases against them, with 76(14%) persons having serious criminal cases against them. The share of MPs with criminal and serious criminal cases increased to 43% and 29%, according to an analysis of 539 winners in the 2019 Lok Sabha election. Recently also some politicians have been opposed to contesting elections in Assembly Elections on the grounds of proven criminal cases against them.
India’s law bars a person convicted of any offence and sentenced to 2 years or more imprisonment from fighting the election. Those facing charges are free to run as the overburdened judicial system can take decades to resolve a case. Also, it is noteworthy that only 48% of candidates are graduates.
The Judiciary should amend the Constitution, only the provision dealing with Qualifications of MPs and MLAs i.e Article 84 and 173. The eligibility criteria for MPs and MLAs should be extended on two grounds especially. One , to be at least a graduate and second, if any candidate contesting the election had any criminal record (crimes ranging from minor to heinous) , pending or ongoing case against him/her . Then he/she would be disqualified. This amendment is necessary according to the need of the hour and also for those who thinks that they could come in power even after committing unlawful acts .