CIC ordered political parties to be brought under the purview of RTI Act-2005.

 CIC ordered political parties to be brought under the purview of RTI Act-2005.
Then the Hon'ble Supreme court has struck down clause 8(4) of the RP Act thus disqualifying the criminal politicians from holding office once they are convicted by a court.
They have also debarred persons in police or judicial custody from contesting elections.
These are all what, we, the Anticorruption and clean governance activists have always wished for.
Now having got these things as a boon we choose to keep quiet. How ridiculous!
The politicians on the other hand are clamouring and planning all sort of protest incuding encouraging the ruling party to bring in presidential ordinance.They are also planning to raise these issues in the parliament.No doubt all these birds of the same feather will join together in such situations to ensure that they enjoy unbridled powers as politicians.This has to be countered.
It is time that all well meaning NGOs come together and raise their voice in support of the said orders of the CIC and supreme court 

Several of you have asked about the details of today's Supreme Court Judgement regarding the convicted MPs and MLAs. Petitions were filed in Supreme Court by Lily Thomas (WRIT PETITION (CIVIL) NO. 490 OF 2005) and an NGO Lok Prahari (WRIT PETITION (CIVIL) NO. 231 OF 2005) in 2005. 

The petitions asked the court to set aside the clause 8(4) of the Representative of the People Act because this clause allowed the sitting MPs and MLAs to continue to be elected representative even when they get convicted in a court of law. The petitions prayed that this special safeguard provided in the clause 8(4) is ultra vires to the constitution of India.

Senior Counsel Fali S. Nariman and S.N. Shukla (the General Secretary of Lok Prahari) appeared for Lily Thomas and Lok Prahari respectively during the hearings. 

Following the Supreme Court judgment, many of you have asked us for data on
the number of current legislators who have declared criminal cases against
themselves. Please find the corresponding data below:

The Supreme Court has today delivered a landmark verdict with regard to
convicted MPs and MLAs. The judgment has ruled that a convicted elected
representative cannot continue in office and the conviction will lead to
instant disqualification of the elected representative.
The safeguard provided under Section 8(4) of the Representation of the
People Act,1951 has been struck down and declared ultra vires of
Constitution. The Supreme Court has held that there cannot be two separate
laws for elected representatives and contesting candidates.

Please find below the analysis of criminal cases declared by sitting MPs
and MLAs as put together by Association for Democratic Reforms(ADR) and
National Election Watch(NEW). Also find attached a copy of the release with
this email.

*PRESS RELEASE** ** 10th July,2013*

*
*

*Analysis of sitting MPs and MLAs with self declared Criminal Cases-
Election Wise*

*
*

Following are the salient features that emerge from the analysis carried
out by Association for Democratic Reforms (ADR) and National Election Watch
(NEW):-

· A total of 4807 sitting MPs and MLAs have been analyzed by ADR
and NEW. A total of *1460 out of these 4807 (30%) sitting MPs and MLAs have
declared criminal cases* against themselves in their self sworn affidavits
submitted by them to the Election Commission of India prior to contesting
elections. 688 (14%) out of the total number of sitting MPs and MLAs
analyzed have declared serious criminal cases against themselves.

· *162 (30%) out of the 543 Lok Sabha MPs have declared criminal
cases* against themselves. 14% of the current Lok Sabha MPs have declared
serious criminal cases against themselves.

· *1258 (31%) out of the 4032 sitting MLAs* from all state
assemblies have declared criminal cases against themselves. 15% of the
current MLAs from all state assemblies have declared serious criminal cases
against themselves.

· The *Jharkhand 2009 Assembly has the highest percentage* of
elected representatives (74%) who declared criminal cases against
themselves. 55 out of 74 MLAs of the Jharkhand 2009 Assembly declared
criminal cases against themselves.

· Among the recent elections that have been covered by ADR and NEW,
the *Bihar 2010* Assembly has 58% MLAs who have declared criminal cases
against themselves. The *Uttar Pradesh 2012* Assembly has 47% MLAs with
criminal cases.

· None of the MLAs of the Manipur 2012 Assembly have declared
criminal cases against themselves.

*
*

*Analysis of sitting MPs and MLAs with self declared Criminal Cases- Party
Wise*

*
*

Following are the salient points that emerge from the analysis that was
conducted by ADR and NEW:

· *82% of MPs and MLAs* who have gotten elected on *JMM
tickets*have declared
*criminal cases* against themselves. *64%* of MPs and MLAs who have gotten
elected on *RJD tickets* have declared criminal cases against themselves. *
48%* of elected representatives who have gotten elected on *SP
tickets*have declared criminal cases against themselves.

· *31%* of MPs and MLAs who have gotten elected on *BJP
tickets*have declared criminal cases against themselves (Out of the
1017 MPs and
MLAs from BJP, 313 have declared criminal cases). *21%* of MPs and MLAs who
have gotten elected on *INC tickets* have declared criminal cases against
themselves (Out of the 1433 elected representatives from INC, 305 have
declared criminal cases against themselves). *
*

*
*

*National Election Watch/Association for Democratic Reforms:***

RTIs to State Political Parties: PDP & Panthers Party provide information 

Highlights:

• Information asked in RTIs to State Political Parties: RTI applications to all State Recognized Political Parties asking questions on various issues such as Allotment of government land and government buildings for their offices and headquarters as well as on issues relating to the finances of political parties (sources of 10 Maximum Voluntary Contributions and sources of Voluntary Contributions greater than Rs. 1 Lakh).

• 4 Political Parties Respond: Till date ADR has received responses from 4 Political Parties namelyPeoples Democratic Party (Jammu and Kashmir), Jammu and Kashmir National Panthers Party, All India N.R.Congress (Puducherry) and Indian Union Muslim League (Tamil Nadu).

• PDP Responds Positively: Peoples Democratic Party (PDP) has provided detailed answers to all the questions. The PDP answers include details of Government allotted Offices and their areas, dates on which the offices were allotted, monthly rent being paid for their party offices, details of contributions received by them including the source of contribution, mode of contribution and the amount. Moreover, PDP has also provided us with Government Orders through which the allotments of office buildings were made to them.

• Panthers Party also responds: Although the Jammu and Kashmir National Panthers Party has not denied any information, they have only provided it partially. But Panthers Party could have provided the information in a more suitable manner.

• 2 Parties deny response to RTI: The two other parties to respond to our RTI, namely the All India N.R.Congress and the Indian Union Muslim League have both denied information, stating they are not under the ambit of the Right to Information Act and hence not obliged to furnish the information that has been requested from them. 

Analysis of sitting MPs and MLAs with self declared Criminal Cases- Election Wise

The table below provides details of the number of sitting MPs and MLAs who have declared criminal cases against themselves at the time of contesting elections. Following are the salient features that emerge from the analysis carried out by Association for Democratic Reforms (ADR) and National Election Watch (NEW):-

·         A total of 4807 sitting MPs and MLAs have been analyzed by ADR and NEW. A total of 1460 out of these 4807 (30%) sitting MPs and MLAs have declared criminal cases against themselves in their self sworn affidavits submitted by them to the Election Commission of India prior to contesting elections. 688 (14%) out of the total number of sitting MPs and MLAs analyzed have declared serious criminal cases against themselves.

·         162 (30%) out of the 543 Lok Sabha MPs have declared criminal cases against themselves. 14% of the current Lok Sabha MPs have declared serious criminal cases against themselves.

·         1258 (31%) out of the 4032 sitting MLAs from all state assemblies have declared criminal cases against themselves. 15% of the current MLAs from all state assemblies have declared serious criminal cases against themselves.

·         The Jharkhand 2009 Assembly has the highest percentage of elected representatives (74%) who declared criminal cases against themselves.  55 out of 74 MLAs of the Jharkhand 2009 Assembly declared criminal cases against themselves.

·         Among the recent elections that have been covered by ADR and NEW, the Bihar 2010 Assembly has 58% MLAs who have declared criminal cases against themselves. The Uttar Pradesh 2012 Assembly has 47% MLAs with criminal cases.

·         None of the MLAs of the Manipur 2012 Assembly have declared criminal cases against themselves. 

Analysis of sitting MPs and MLAs with self declared Criminal Cases- Party Wise

The table below provides details of Party-wise MPs/MLAs who have declared criminal cases.  Following are the salient points that emerge from the analysis that was conducted by ADR and NEW:

·         82% of MPs and MLAs who have gotten elected on JMM tickets have declared criminal cases against themselves. 64% of MPs and MLAs who have gotten elected on RJD tickets have declared criminal cases against themselves. 48% of elected representatives who have gotten elected on SP tickets have declared criminal cases against themselves.

·         31% of MPs and MLAs who have gotten elected on BJP tickets have declared criminal cases against themselves (Out of the 1017 MPs and MLAs from BJP, 313 have declared criminal cases). 21% of MPs and MLAs who have gotten elected on INC tickets have declared criminal cases against themselves (Out of the 1433 elected representatives from INC, 305 have declared criminal cases against themselves).

National Election Watch/Association for Democratic Reforms:

Media & Journalist Helpline +91 80103 94248 adr@adrindia.org

Mr. Anil Bairwal, National Coordinator National Election Watch, Association for Democratic Reforms +91 80103 94248 +91 9999310100 adr@adrIndia.org, anil@adrIndia.org

Prof Trilochan Sastry IIM Bangalore Founder Member, National Election Watch, Association for Democratic Reforms +91 9448353285, trilochans@iimb.ernet.in

Prof Jagdeep Chhokar IIM Ahmedabad (Retd.) Founder Member National Election Watch, Association for Democratic Reforms +91 9999620944 jchhokar@gmail.com

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Association for Democratic Reforms

“Kiwanis Centre”, 4th Floor,

B-35, Qutub Institutional Area

(Near Rockland Hospital)

New Delhi-110 016

M: +91 8010394248 

T: +91 11 40817601 (ext. 28 and 21) 

F: 011 4609 4248