By Brian Lanciault
Impunity Watch Reporter, Asia
NEW DELHI, India– India’s cabinet moved to shield politicians found guilty of crimes by passing an executive order on Tuesday that could allow convicted lawmakers to continue to hold office and stand in elections, ahead of national polls due by next May.
About thirty percent of Indian lawmakers across federal and state assemblies have pending criminal charges against them, and following a Supreme Court order in July, many faced being expelled from their seats. In response, the ruling congressional party had already moved a parliamentary bill to partially reverse the decision of the court, which held that any lawmaker found guilty of a crime could no longer hold or run for elected office.
The current ordinance is believed to resemble the content of the parliamentary bill, which would allow lawmakers facing criminal charges to continue taking part in parliamentary proceedings such as debates, but would not permit them to vote or receive a government salary.
The bill has not yet passed through India’s historically slow-moving parliament. Some commentators believe the government sprung to action in light of the possible corruption conviction of a key electoral ally of the majority, in a case set to conclude next week.
“When it comes to saving their convicted brethren, they act with lightning speed,” said Amulya Ganguli, a political analyst.
Following India’s 2009 general election, some thirty percent of the lawmakers sworn into the federal and state assemblies had criminal charges against them, according to an analysis by the Association for Democratic Reforms, an advocacy group.
In the Lok Sabha, the lower house of the national assembly, 162 of the 543 MPs indicated that there were pending criminal cases against them in sworn affidavits filed prior to elections. In the state assemblies, 1,258 of the 4,032 lawmakers declared criminal charges. The amount of subsequent convictions remains unknown.
Before July’s Supreme Court order, Indian lawmakers had been able to capitalize on a loophole whereby those who filed appeals within three months of a guilty verdict could stay in office.
The ordinance must be signed by Indian president Pranab Mukherjee in order to become law. The law must be ratified by parliament within six weeks of the next parliament session. Analysts suspect it will pass with ease.
“There is widespread support for this among the political class,” said Neerja Chowdhury, a political commentator and former political editor of The Indian Express newspaper.
The case due to conclude next week involves Lalu Prasad, a former chief minister for the eastern state of Bihar, and a frequent ally of the ruling congressional party. Prasad is accused of participating in a scam where money was allegedly taken from state treasuries to provide fodder for herds of livestock that later turned out to be non-existent.
“Lalu Prasad’s possible conviction could have prompted the cabinet to pass this ordinance,” Chowdhury said. “There are some who feel that…if they get Lalu Prasad on board they can win Bihar.”
Bihar is one of India’s most important electoral states.
Another influential figure, Rasheed Masood, a majority party member of India’s upper house and a former health minister, was found guilty last week in a corruption case. He was to be the first lawmaker to be affected by the Supreme Court order, according to local reports.
Numerous politicians have been charged with serious crimes such as rape and/or murder. Elected office is lucrative in a country where black markets often thrive under political protection. Political parties are often open to criminal syndicates who bring with them campaign financing.
For more information, please see:
Reuters — India’s cabinet moves to protect politicians convicted of crimes — 24 September 2013
Times of India — Cabinet clears ordinance to shield convicted lawmakers — 24 September 2013
Hindustan Times — Gov’t may bring ordinance to save tainted lawmakers — 23 September 2013
Zee News — Cabinet paves way for convicted MLAs, MPs to contest elections — 24 September 2013
Bloomberg — India Cabinet Counters Step to Ban Convicted Lawmakers, PTI Says — 24 September 2013
