Is Parliamentary Democracy in Irreversible Peril in Bharat?
NewsBharati 15-Apr-2024 16:41:01 PM
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-Dr.Sharad Vasudeo Khare
Dr.Shripati Shastri Research Institute of Social Sciences
The Leviathan :
The other outcry off their false fear is their miserable ideological bankruptcy. Let us also not forget and remember admirangbly at the same time that some of these political parties were led by stalwarts, decent, erudite ideologues and competent personalities who had maintained high-level dignity in their public domain. These leaders commanded respect of the people since their own character was spotless in public affairs.
The key factors which need special study is the extent of the criminal background of the elected representatives in the Lok Sabha. A glance at the extent of criminalization of the elected representatives is as follows :
“Political parties must put all the information in the public domain about a candidate within 48 hours after clearing the name and the party must also submit a report regarding publication within 24 hours after the nomination of the candidate,” read the Supreme Court order. The parties will be liable for contempt if they fail to comply with the rules, said the top court.
The Election Commission can file a contempt petition in court if the party fails to follow the order.
India recorded an increase of 44% in the number of MPs with declared criminal cases since 2019. In Lok Sabha election 2019, as many as 233 (about 43%) out of 539 winners declared criminal cases against themselves.
(Source: Business Insider: INDIA BUREAU—13 February 2020)
More than half the Members of Parliament (MP) from Congress have criminal cases registered against them — and none can attest to that better than Congress’ Dean Kuriakose from the Idukki constituency in Kerala. He has 204 criminal cases registered against him, which is more than any other member of parliament.
In addition to being the only Member of Parliament with cases against him in the triple digits, there are 887 offences registered against him under the Indian Penal Code — including charges of committing culpable homicide, house trespass, robbery and criminal intimidation.
Overall, 57% of Congress’ MPs — 29 out of 51 — have declared criminal cases. However, only 19 fall under the category of ‘serious criminal cases’, which is an offence which is non-bailable with a maximum term of five years or more.
(Source: Business Insider : INDIA BUREAU—13 February 2020)
New Delhi: Forty percent of sitting MPs have declared criminal cases against them, with 25% of legislators being accused of serious crimes including murder, attempt to murder, kidnapping and crimes against women, a new report by the Association of Democratic Reforms (ADR) and New Election Watch (NEW) is on record to have reported.
The report, titled “Analysis of Sitting MPs from Lok Sabha and Rajya Sabha of India 2023”, was released on Tuesday (September 12).
It analyses the self-sworn affidavits of 763 sitting MPs – out of 776 seats of the Lok Sabha and Rajya Sabha across the country – that they filed prior to contesting their last elections and subsequent by-elections.
Four seats in the Lok Sabha and one in the Rajya Sabha are vacant, while four Rajya Sabha seats from Jammu and Kashmir are undefined, the report said.
It added that the affidavits of one Lok Sabha MP and three Rajya Sabha MPs could not be analysed as they were not available.
40% sitting MPs have declared criminal cases
The report has found that 306 of the 763 (40%) sitting MPs analysed have declared criminal cases against themselves.
Lakshadweep leads the states and union territories with the highest proportion of MPs with criminal cases, as its lone MP has declared criminal cases against himself.
This is followed by Kerala, where 23 out of 29 MPs (79%) have criminal cases. Bihar (73%) is next with 41 of 56 MPs, followed by Maharashtra (57%) with 37 of 65 MPs, Telangana (54%) with 13 out of 24 MPs and Delhi (50%) with five out of its ten MPs having declared criminal cases against themselves in their affidavits.
The report also found that 194 of these sitting MPs (25%) have serious criminal cases, including kidnapping, murder, attempt to murder, crimes against women, etc. against them.
In terms of MPs with serious criminal cases, Lakshadweep again leads with 100%.
It is followed by Bihar (50%), where 28 of the state’s 56 MPs have serious criminal cases against them. After it come Telangana (38%) with nine out of 24 MPs, Kerala (34%) with ten out of 29 MPs, Maharashtra (34%) with 22 out of 65 MPs and Uttar Pradesh (34%) with 37 out of 108 MPs.
RJD has most number of MPs with criminal cases
The report found that the Rashtriya Janata Dal (RJD) has the highest percentage of MPs with criminal cases. Five out of six, or 83% MPs from the party, have criminal cases.
This is followed by the Communist Party of India (Marxist) (CPI(M)) with 75% or six out of eight MPs, the Congress (53%) with 43 out of 81 MPs, the YSR Congress Party (YSCRP) (42%) with 13 out of 31 MPs, the Trinamool Congress (AITC) (39%) with 14 out of 36 MPs, the Nationalist Congress Party (NCP) (38%) with two out of eight MPs, the BJP (36%) with 139 out of 385 MPs and the Aam Aadmi Party (AAP) (27%) with three out of 11 MPs having criminal cases against them.
In party-wise terms of MPs with serious criminal cases, the RJD again leads with 50% or three out of its six MPs having serious criminal cases against them.
This is followed by the YSRCP (35%) with 11 out of 31 MPs, the Congress (32%) with 26 out of 81 MPs, the NCP (25%) with two out of eight MPs, the CPI(M) (also 25%) with two out of eight MPs, the AITC (19%) with seven out of 36 MPs and the AAP (9%) with one out of 11 MPs having serious criminal cases.
The report said serious criminal cases include offences for which the maximum punishment is five years or more; if an offence is non-bailable; if it is an electoral offence (bribery, for example); offences related to loss to exchequer; offences that are assault, murder, kidnap or rape-related; offences mentioned in the Representation of the People Act (Section 8); offences under the Prevention of Corruption Act; and crimes against women.
The report said that 11 sitting MPs have declared cases relating to murder, 32 MPs have cases relating to attempt to murder and 21 MPs have cases relating to crimes against women, of which four MPs have declared cases related to rape. Uttar Pradesh has most MPs with murder, attempt to murder cases
In terms of states, Uttar Pradesh has the highest number of MPs (three) with declared cases related to murder, followed by Assam, West Bengal and Madhya Pradesh with two each, and Andhra Pradesh and Maharashtra with one each.
Uttar Pradesh also has the highest number of MPs with declared cases of attempt to murder (nine). This is followed by West Bengal (eight), Bihar (four), Maharashtra (three), Madhya Pradesh and Odisha (two), and one each in Andhra Pradesh, Telangana, Lakshadweep and Tamil Nadu.
West Bengal has the highest number of MPs (five) with declared cases related to crimes against women. This is followed by Kerala and Andhra Pradesh with three MPs each, two MPs from Uttar Pradesh, Andhra Pradesh, Maharashtra, Telangana and Odisha, and one each from Rajasthan and Tamil Nadu.
One MP each from Rajasthan, Kerala, Andhra Pradesh and West Bengal have declared cases of rape against them.
The BJP has the highest number of MPs with cases related to murder (seven), attempt to murder (24), crimes against women (ten).
Of the four MPs with rape cases against them, two are from the Congress, and one each from the BJP and YSRCP.
( Source : The Wire : Politics:12 September 2023 ) The above mentioned references have been made only to prove that the opposition has become so nervous exploding their anxiety to such extent that these have been dreaming the worst future and fate for Bharat.
The Bharatiya electorate is witnessing the business proceedings of the House in such a rowdy manner that Rule No.349 ( page 131 ) prescribed in the Rules of Procedure and Conduct of Business in Lok Sabha , rules published by the Lok Sabha Secretariat seems to have been thrown to the winds. Rule 349 prescribes rules to be observed by members in the House. There are 23 such rules which lay down the discipline which binds the member of parliament . There are explicit provisions in the Rules such as ,Rule No.. 373 , 374, 374A whereunder if a Member violates these Rules the Speaker is empowered to order his suspension from the House .
The Rules thereof are as under.
349. Rules to be observed by members in House. - Whilst the House is sitting, a member -
(i) shall not read any book, newspaper or letter except in connection with the business of the House;
(ii) shall not interrupt any member while speaking by disorderly expression or noises or in any other disorderly manner;
(iii) shall bow to the Chair while entering or leaving the House, and also when taking or leaving one's own seat;
(iv) shall not pass between the Chair and any member who is speaking;
(v) shall not leave the House when the Speaker is addressing the House;
(vi) shall always address the Chair;
(vii) shall keep to one's own usual seat while addressing the House;
(viii) shall maintain silence when not speaking in the House;
(ix) shall not obstruct proceedings, hiss or interrupt and shall avoid making running commentaries when [another member is speaking;]
(x) shall not applaud when a stranger enters any of the Galleries, or the Special Box;
[(xi) shall not shout slogans in the House;
(xii) shall not sit or stand with back towards the Chair;
(xiii) shall not approach the Chair personally in the House. The member may send chits to the officers at the Table, if necessary;
(xiv) shall not wear to display badges of any kind in the House {except the National Flag in the form of a lapel pin or a badge};
(xv) shall not bring or display arms in the House;
(xvi) shall not display flags, emblems or any exhibits in the House;
(xvii) shall not leave the House immediately after delivering the speech;
(xviii) shall not distribute within the precincts of Parliament House any literature, questionnaire, pamphlets, press notes, leaflets, etc. not connected with the business of the House;
(xix) shall not place one's hat/cap on the desk in the House, bring boards in the Chamber for keeping files or for writing purposes, smoke or enter the House with the coat hanging on the arms;
(xx) shall not carry a walking stick into the House unless permitted by the Speaker on health grounds;
(xxi) shall not tear off documents in the House in protest;
(xxii) shall not bring or play cassette or tape recorder in the House; and
(xxiii) shall avoid talking or laughing in the Lobby loud enough to be heard in the House..
When the Lok Sabha proceedings are telecast live, the citizens wonder and fail to understand why are these Rules framed at all! The citizens watch the helpless Speaker whose disciplining voice to bring the House in order is lost in the mayhem and uncontrollable commotion.
Was Sir Winston Churchill wrong?
Dr.Shripati Shastri Research Institute of Social Sciences
The Leviathan :
“ If Modi wins once again ( 2024 ) and if installed in power , this will be the last election in Bharat.” , the opposition political parties and their corrupt leaders every now and then carry out sloganeering and warn the electorate of the dire consequences if these commit the mistake. It is quite clear that the outcry of the opposition parties is merely on account of their utter failure in performance as a political party as well as failure in the field of public administration in the states where these have formed the government and to hide the failure from the electorate moreover , to satisfy their own ego these have to proclaim their own concern , therefore the outcry. Congress Chief ( in absentia ) is reported to have warned the Bharatiya citizens that if Modi returns to power , the whole country would be set to fire ….’
The other outcry off their false fear is their miserable ideological bankruptcy. Let us also not forget and remember admirangbly at the same time that some of these political parties were led by stalwarts, decent, erudite ideologues and competent personalities who had maintained high-level dignity in their public domain. These leaders commanded respect of the people since their own character was spotless in public affairs.
Criminalisation of parliamentary affairs:
The key factors which need special study is the extent of the criminal background of the elected representatives in the Lok Sabha. A glance at the extent of criminalization of the elected representatives is as follows :
Bharat recorded an increase of 44% in the number of MPs with declared criminal cases since 2019.
A bench of Justices R F Nariman and S Ravindra Bhat ordered that political parties must give justification for not choosing a candidate with a clean image and giving tickets to a candidate with a criminal past, instead. They further said the reasons must include details like a candidate’s qualifications, achievements, and other merit work.“Political parties must put all the information in the public domain about a candidate within 48 hours after clearing the name and the party must also submit a report regarding publication within 24 hours after the nomination of the candidate,” read the Supreme Court order. The parties will be liable for contempt if they fail to comply with the rules, said the top court.
The Election Commission can file a contempt petition in court if the party fails to follow the order.
India recorded an increase of 44% in the number of MPs with declared criminal cases since 2019. In Lok Sabha election 2019, as many as 233 (about 43%) out of 539 winners declared criminal cases against themselves.
(Source: Business Insider: INDIA BUREAU—13 February 2020)
More than half the Members of Parliament (MP) from Congress have criminal cases registered against them — and none can attest to that better than Congress’ Dean Kuriakose from the Idukki constituency in Kerala. He has 204 criminal cases registered against him, which is more than any other member of parliament.
In addition to being the only Member of Parliament with cases against him in the triple digits, there are 887 offences registered against him under the Indian Penal Code — including charges of committing culpable homicide, house trespass, robbery and criminal intimidation.
Overall, 57% of Congress’ MPs — 29 out of 51 — have declared criminal cases. However, only 19 fall under the category of ‘serious criminal cases’, which is an offence which is non-bailable with a maximum term of five years or more.
(Source: Business Insider : INDIA BUREAU—13 February 2020)
New Delhi: Forty percent of sitting MPs have declared criminal cases against them, with 25% of legislators being accused of serious crimes including murder, attempt to murder, kidnapping and crimes against women, a new report by the Association of Democratic Reforms (ADR) and New Election Watch (NEW) is on record to have reported.
The report, titled “Analysis of Sitting MPs from Lok Sabha and Rajya Sabha of India 2023”, was released on Tuesday (September 12).
It analyses the self-sworn affidavits of 763 sitting MPs – out of 776 seats of the Lok Sabha and Rajya Sabha across the country – that they filed prior to contesting their last elections and subsequent by-elections.
Four seats in the Lok Sabha and one in the Rajya Sabha are vacant, while four Rajya Sabha seats from Jammu and Kashmir are undefined, the report said.
It added that the affidavits of one Lok Sabha MP and three Rajya Sabha MPs could not be analysed as they were not available.
40% sitting MPs have declared criminal cases
The report has found that 306 of the 763 (40%) sitting MPs analysed have declared criminal cases against themselves.
Lakshadweep leads the states and union territories with the highest proportion of MPs with criminal cases, as its lone MP has declared criminal cases against himself.
This is followed by Kerala, where 23 out of 29 MPs (79%) have criminal cases. Bihar (73%) is next with 41 of 56 MPs, followed by Maharashtra (57%) with 37 of 65 MPs, Telangana (54%) with 13 out of 24 MPs and Delhi (50%) with five out of its ten MPs having declared criminal cases against themselves in their affidavits.
The report also found that 194 of these sitting MPs (25%) have serious criminal cases, including kidnapping, murder, attempt to murder, crimes against women, etc. against them.
In terms of MPs with serious criminal cases, Lakshadweep again leads with 100%.
It is followed by Bihar (50%), where 28 of the state’s 56 MPs have serious criminal cases against them. After it come Telangana (38%) with nine out of 24 MPs, Kerala (34%) with ten out of 29 MPs, Maharashtra (34%) with 22 out of 65 MPs and Uttar Pradesh (34%) with 37 out of 108 MPs.
RJD has most number of MPs with criminal cases
The report found that the Rashtriya Janata Dal (RJD) has the highest percentage of MPs with criminal cases. Five out of six, or 83% MPs from the party, have criminal cases.
This is followed by the Communist Party of India (Marxist) (CPI(M)) with 75% or six out of eight MPs, the Congress (53%) with 43 out of 81 MPs, the YSR Congress Party (YSCRP) (42%) with 13 out of 31 MPs, the Trinamool Congress (AITC) (39%) with 14 out of 36 MPs, the Nationalist Congress Party (NCP) (38%) with two out of eight MPs, the BJP (36%) with 139 out of 385 MPs and the Aam Aadmi Party (AAP) (27%) with three out of 11 MPs having criminal cases against them.
In party-wise terms of MPs with serious criminal cases, the RJD again leads with 50% or three out of its six MPs having serious criminal cases against them.
This is followed by the YSRCP (35%) with 11 out of 31 MPs, the Congress (32%) with 26 out of 81 MPs, the NCP (25%) with two out of eight MPs, the CPI(M) (also 25%) with two out of eight MPs, the AITC (19%) with seven out of 36 MPs and the AAP (9%) with one out of 11 MPs having serious criminal cases.
The report said serious criminal cases include offences for which the maximum punishment is five years or more; if an offence is non-bailable; if it is an electoral offence (bribery, for example); offences related to loss to exchequer; offences that are assault, murder, kidnap or rape-related; offences mentioned in the Representation of the People Act (Section 8); offences under the Prevention of Corruption Act; and crimes against women.
The report said that 11 sitting MPs have declared cases relating to murder, 32 MPs have cases relating to attempt to murder and 21 MPs have cases relating to crimes against women, of which four MPs have declared cases related to rape. Uttar Pradesh has most MPs with murder, attempt to murder cases
In terms of states, Uttar Pradesh has the highest number of MPs (three) with declared cases related to murder, followed by Assam, West Bengal and Madhya Pradesh with two each, and Andhra Pradesh and Maharashtra with one each.
Uttar Pradesh also has the highest number of MPs with declared cases of attempt to murder (nine). This is followed by West Bengal (eight), Bihar (four), Maharashtra (three), Madhya Pradesh and Odisha (two), and one each in Andhra Pradesh, Telangana, Lakshadweep and Tamil Nadu.
Crimes against women
One MP each from Rajasthan, Kerala, Andhra Pradesh and West Bengal have declared cases of rape against them.
The BJP has the highest number of MPs with cases related to murder (seven), attempt to murder (24), crimes against women (ten).
Of the four MPs with rape cases against them, two are from the Congress, and one each from the BJP and YSRCP.
( Source : The Wire : Politics:12 September 2023 ) The above mentioned references have been made only to prove that the opposition has become so nervous exploding their anxiety to such extent that these have been dreaming the worst future and fate for Bharat.
The Bharatiya electorate is witnessing the business proceedings of the House in such a rowdy manner that Rule No.349 ( page 131 ) prescribed in the Rules of Procedure and Conduct of Business in Lok Sabha , rules published by the Lok Sabha Secretariat seems to have been thrown to the winds. Rule 349 prescribes rules to be observed by members in the House. There are 23 such rules which lay down the discipline which binds the member of parliament . There are explicit provisions in the Rules such as ,Rule No.. 373 , 374, 374A whereunder if a Member violates these Rules the Speaker is empowered to order his suspension from the House .
The Rules thereof are as under.
349. Rules to be observed by members in House. - Whilst the House is sitting, a member -
(i) shall not read any book, newspaper or letter except in connection with the business of the House;
(ii) shall not interrupt any member while speaking by disorderly expression or noises or in any other disorderly manner;
(iii) shall bow to the Chair while entering or leaving the House, and also when taking or leaving one's own seat;
(iv) shall not pass between the Chair and any member who is speaking;
(v) shall not leave the House when the Speaker is addressing the House;
(vi) shall always address the Chair;
(vii) shall keep to one's own usual seat while addressing the House;
(viii) shall maintain silence when not speaking in the House;
(ix) shall not obstruct proceedings, hiss or interrupt and shall avoid making running commentaries when [another member is speaking;]
(x) shall not applaud when a stranger enters any of the Galleries, or the Special Box;
[(xi) shall not shout slogans in the House;
(xii) shall not sit or stand with back towards the Chair;
(xiii) shall not approach the Chair personally in the House. The member may send chits to the officers at the Table, if necessary;
(xiv) shall not wear to display badges of any kind in the House {except the National Flag in the form of a lapel pin or a badge};
(xv) shall not bring or display arms in the House;
(xvi) shall not display flags, emblems or any exhibits in the House;
(xvii) shall not leave the House immediately after delivering the speech;
(xviii) shall not distribute within the precincts of Parliament House any literature, questionnaire, pamphlets, press notes, leaflets, etc. not connected with the business of the House;
(xix) shall not place one's hat/cap on the desk in the House, bring boards in the Chamber for keeping files or for writing purposes, smoke or enter the House with the coat hanging on the arms;
(xx) shall not carry a walking stick into the House unless permitted by the Speaker on health grounds;
(xxi) shall not tear off documents in the House in protest;
(xxii) shall not bring or play cassette or tape recorder in the House; and
(xxiii) shall avoid talking or laughing in the Lobby loud enough to be heard in the House..
When the Lok Sabha proceedings are telecast live, the citizens wonder and fail to understand why are these Rules framed at all! The citizens watch the helpless Speaker whose disciplining voice to bring the House in order is lost in the mayhem and uncontrollable commotion.
Was Sir Winston Churchill wrong?
Dr. Sharad V. Khare
Dr. Sharad Vasudeo Khare is Director at Vivekanand Institute of Social Sciences Research based at Pune. VISSR is a post graduate research center recognized by the University of Pune in Political Science and Public Administration since 2007. Research Guide for M.Phil. and Ph.D. in Political Science and Public Administration in Tilak Maharashtra Vidyapeeth and University of Pune since 1985. He is a guest faculty at Lal Bahadur Shastri Academy of Administration, Mussoorie, U.P. Recently, he has completed a state-wide research project entitled, ‘Dynamics of Development Administration in Gujarat- Development Model 2000—2008’ jointly undertaken by the Saurashtra University, Rajkot and the VISSR, Pune.