Criminal Candidates

Indian law does not allow those awaiting trial to vote but there is no bar on people fighting elections from jail if not yet convicted. The Election Commission has ordered all candidates to clearly state in an affidavit the number of cases pending against them.

Close to 40 per cent of Lok Sabha candidates belonging to the leading political parties in face criminal charges that range from assault, extortion, rioting, attempt to murder and defamation.

At least 18 people facing serious criminal charges, including the alleged mastermind behind the leak of papers for entrance tests to management institutes, are contesting the parliamentary elections from Bihar.

The High Court has said that candidates with criminal records and lodged in jail have no right to contest the elections. The fact that the voting rights of prisoners with a criminal background are suspended under election laws gives additional support to this new ruling.While some of the political parties appreciate and support the High Court's stand, there are a few others who prefer to be silent on this ruling.

The Indian Election Commission has in recent years tried to tackle the problem of criminal politicians by making it harder for candidates with criminal records to stand for election. But the trouble is that the cases against many candidates have not been proved. In fact, it is hard to find a single case of a politician being sent to jail for corruption in independent India.

In 1997, the Election Commission issued an order requiring candidates to submit affidavits about their convictions for any of the above criminal offences. However there was no provision in the election law to make this information available to the voter. The Law Commission gave voice to the growing feeling among voters that it was not enough to disqualify criminals found guilty by a court.

In the last general elections , it's estimated that around 1,000 candidates who were alleged to have committed a wide range of crimes stood for election. These varied from murder, theft and rape to extortion and banditry.