6.4. Voters’ Right to Know
In Public Interest Foundation vs Union of India, 2020 the Supreme Court directed political parties to publish criminal antecedents of contesting candidates along with reasons for fielding each one of these candidates, notwithstanding their ‘winnability’.
Data on Criminalisation of Politics: The Association for Democratic Reforms’ its report for Lok Sabha 2019 elections recorded the trend in winners with declared criminal cases 3 consecutive Lok Sabha elections. The report made the following observations:
♤ Lok Sabha 2019: 233 (49%) of the 539 winners for Lok Sabha 2019, have declared criminal cases against themselves. Out of these, 159 (29%) winners have declared serious criminal cases including cases related to rape, murder, attempt to murder, kidnapping, crimes against women etc. The chances of winning for a candidate with criminal cases in the Lok Sabha 2019 elections were 15.5% whereas for a candidate with a clean record it is 4.7%.
♤ Lok Sabha 2014: Out of the 542 winners analysed during Lok Sabha 2014 elections, 185 (34%) winners have declared criminal cases against themselves. 112 (21%) winners have declared serious criminal cases including cases related to murder, attempt to murder, communal disharmony, kidnapping, crimes against women etc. The chances of winning for a candidate with criminal cases in the Lok Sabha 2014 elections were 13% whereas for a candidate with a clean record it is 5%.
♤ Lok Sabha 2009: 158 (30%) of 521 winners analysed during Lok Sabha 2009 elections, had declared criminal cases against themselves. 77 (15%) winners had declared serious criminal cases against themselves.
Other committees like Goswami Committee on Electoral Reforms (1990) and Vohra Committee Report (1993) had raised serious concerns regarding criminalization of politics in India. In the 18th Report by the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on Electoral Reforms, presented to the Rajya Sabha on 15 March 2007, acknowledged the existence of criminal elements in the Indian polity which hit the roots.
In 1999, the 170th Law Commission Report on Electoral Reforms was the first to suggest that a new Section 4A be added to the Representation of the People Act, 1951 mandating that a person shall be ineligible to contest elections unless they file an affidavit declaring their assets along with a declaration whether charges had been framed against them by a criminal court.
In 2002, the Association of Democratic Reforms petitioned the Court to have the above recommendation implemented, among others. The Voters’ Right to Know has since progressed in the manner described in the table below.
