Criminal cases involving Indian lawmakers

An affidavit submitted to the Supreme Court of India has highlighted widespread criminalisation within the country’s political leadership. Data filed by amicus curiae Vijay Hansaria indicates that 251 of 543 Lok Sabha members and 75 of 233 Rajya Sabha members face criminal cases, with 170 Lok Sabha cases classified as serious offenses. The report notes that 4,192 criminal cases remain pending against current and former Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs), and chief ministers in 14 states have declared criminal cases against themselves.

In a separate development regarding the management of such cases, the Supreme Court permitted the Himachal Pradesh government to withdraw prosecution in 63 criminal cases involving sitting and former MPs and MLAs. These specific cases originated during the COVID-19 pandemic and involved public demonstrations, such as highway dharnas and the burning of effigies. A three-judge bench observed that the allegations did not involve ‘heinous offences or bodily injury’ and noted that the accused were public representatives raising grievances during a period of exceptional distress. The ruling aims to prevent the consumption of judicial time on matters that do not involve serious or contentious offenses.