Accused in criminal cases won more seats in 17th Lok Sabha, amicus curiae report says in SC

An amicus curiae report in the Supreme Court said candidates with criminal cases won more seats in the 17th Lok Sabha than those who led lawful lives. In the Lok Sabha elections 2024 Phase I and Phase II, out of 2,810 candidates (Phase I - 1,618 candidates and Phase II - 1192) 501 (18%) candidates had criminal cases against them, out of which 327 (12%) were serious criminal cases (punishable with imprisonment of five years and more).

An amicus curiae report in the Supreme Court said candidates with criminal cases won more seats in the 17th Lok Sabha than those who led lawful lives.

The report, which has come even as polling in the General Elections for the 18th Lok Sabha has moved to the second phase, highlighted the dire need for the electorate to know who they are voting to power.

It said the right to information of voters was part of their fundamental right to free speech and expression.

“Voters are entitled to know about the criminal antecedents of the law makers which would include the progress of the trial and the reasons for delay,” Supreme Court’s amicus curiae senior advocate Vijay Hansaria said in his report.

The report pushed for a dedicated tab on the homepages of State High Courts’ websites giving specific and detailed information, district wise, of criminal trials against legislators. The tab should prominently display the progress of each individual trial and the reasons for their delay. This would enable the common man and the voter to access information about the criminal antecedents of the candidates.

The amicus curiae, assisted by advocate Sneha Kalita, referred to a report published by Association of Democratic Reforms (ADR) for the Lok Sabha elections 2024 Phase I and Phase II. His report said that out of 2,810 candidates (Phase I - 1,618 candidates and Phase II - 1192) 501 (18%) candidates had criminal cases against them, out of which 327 (12%) were serious criminal cases (punishable with imprisonment of five years and more).

“The same was the position in 2019 Lok Sabha elections in which out of 7,928 candidates, 1,500 candidates (19%) had criminal cases, out of which 1,070 candidates (13%) were serious criminal cases. However, out of 514 elected members of 17th Lok Sabha (2019-2024), 225 members (44%) had criminal cases against them. Thus, the candidates with criminal cases have won more seats than candidates without criminal cases,” the report pointed out.