In late February 2026, a Delhi court discharged all 23 accused in the excise policy case, ruling there was "no overarching conspiracy or criminal intent" in the policy at issue. One of the accused had spent 530 days in jail before being cleared. The Enforcement Directorate, which drove much of the prosecution, has registered 193 cases against politicians over the last decade. The total number of convictions has been two, which is barely one per cent.

Now, consider that the proportion of Members of Parliament who have declared pending criminal cases on their self-sworn affidavits has risen from 24 per cent in 2004 to 46 per cent in 2024. Among sitting MLAs across the country, 45 per cent face criminal charges, of which 29 per cent face serious charges, including murder, attempt to murder, kidnapping, and crimes against women. This criminalisation of politics is real, worsening, and corrosive to democratic life.

This defines the central dilemma of the Constitution (130th Amendment) Bill, 2025, currently before a Joint Parliamentary Committee. The Bill mandates the automatic cessation of ministerial office for prime ministers, chief ministers and cabinet ministers if they are arrested and detained for 30 consecutive days on charges punishable by five years or more. The intention is to end governance from jail. The mechanism is, however, deeply flawed.

What a pending case actually means

Remember that a case pending in court is not a police FIR, not a noting in a history-sheeter's file, and not a complaint lodged by a political rival. Charges are framed only after a full investigation is complete, after a court has taken cognisance of the offence, and after a judge independently determines that a prima facie case exists. This involves the judicial........

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