Bhopal (PTI): As many as 90 of the 230 newly elected MLAs in Madhya Pradesh, almost 39 per cent of the assembly strength, have declared criminal cases against themselves, with 34 facing serious charges for which maximum punishment is more than five years in jail among other criteria.

According to the Association for Democratic Reforms (ADR), a not-for-profit organisation, 94 MLAs, or 41 per cent of the total, had declared criminal cases registered against them in 2018, when the previous elections were held.

In 2023, this number has dropped to 90, nearly 39 per cent of the 230-member House, an ADR report said.

The report said of these, 34 legislators are facing serious criminal charges, for which the punishment is more than five years or it is non-bailable among other criteria. In 2018, this number was 47.

Pritam Lodhi, elected on a BJP ticket from Pichhore in Shivpuri district, is the only MLA who is facing charges of murder. Five other newly elected MLAs are facing attempt to murder charges.

Three of the candidates declared criminal cases related to women, the report said.

The BJP swept the Madhya Pradesh assembly polls, winning 163 seats, increasing its tally from 109 in 2018. The Congress, which had won 114 seats in 2018, was reduced to 66, while new entrant Bharat Adivasi Party managed to win in one constituency.

As many as 51 out of the 163 BJP legislators are facing criminal cases, 16 of them serious offences. This number for the Congress stands at 38 MLAs, including 17 who are facing serious charges, said the ADR.

The lone winning candidate of the Bharat Adivasi Party is also facing a criminal case.

MP Congress chief Kamal Nath, elected from Chhindwara, has declared two cases of forgery and cheating registered against him in Bhopal and Indore. Charges have not been framed by the court in both the cases, the report said.

No case is pending against Chief Minister Shivraj Singh Chouhan, who was elected from Budhni.

Criteria for serious criminal cases includes the offence for which maximum punishment is of 5 years or more, if an offence is non-bailable, if it is an electoral offence (IPC 171E or bribery), offence related to loss to exchequer, offences that are assault, murder, kidnap, rape related, offence that are mentioned in Representation of the People Act (Section 8), offences under Prevention of Corruption Act and crimes against women, the report stated.

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Judge cites denial of home to Muslim girl, opposition to Dalit women cooking mid-day meals

Hyderabad, February 23, 2026: Supreme Court judge Justice Ujjal Bhuyan has said that despite repeated affirmations of constitutional morality by courts, deep societal faultlines rooted in caste and religious discrimination continue to shape everyday realities in India.

Speaking at a seminar on “Constitutional Morality and the Role of District Judiciary” organised by the Telangana Judges Association and the Telangana State Judicial Academy in Hyderabad, Justice Bhuyan reflected on the gap between constitutional ideals and social practices.

He cited a recent instance involving his daughter’s friend, a PhD scholar at a private university in Noida, who was denied accommodation in South Delhi after her surname revealed her Muslim identity. According to Justice Bhuyan, the landlady bluntly informed her that no accommodation was available once her religious background became known.

In another example from Odisha, he referred to resistance by some parents to the government’s mid-day meal programme because the food was prepared by Dalit women employed as cooks. He noted that some parents had objected aggressively and refused to allow their children to consume meals cooked by members of the Scheduled Caste community.

Describing these incidents as “the tip of the iceberg,” Justice Bhuyan said they reveal how far society remains from the benchmark of constitutional morality even 75 years into the Republic. He observed that while the Constitution lays down standards of equality and dignity, the morality practised within homes and communities often diverges sharply from those values.

He emphasised that constitutional morality requires governance through the rule of law rather than the rule of popular opinion. Referring to the evolution of the doctrine through judicial decisions, he cited Naz Foundation v Union of India, in which the Delhi High Court read down Section 377 of the Indian Penal Code, holding that popular morality cannot restrict fundamental rights under Article 21. Though the judgment was later overturned in Suresh Kumar Koushal v Naz Foundation, the Supreme Court ultimately restored and expanded the principle in Navtej Singh Johar v Union of India, affirming that constitutional morality must prevail over majoritarian views.

“In our constitutional scheme, it is the constitutionality of the issue before the court that is relevant, not the dominant or popular view,” he said.

Justice Bhuyan also addressed the functioning of the district judiciary, underlining that trial courts are the first point of contact for most litigants and form the foundation of the justice delivery system. He stressed that due importance must be given to the recording of evidence and adjudication of bail matters.

Highlighting the role of High Courts, he said their supervisory jurisdiction under Article 227 of the Constitution is intended as a shield to correct grave jurisdictional errors, not as a mechanism to substitute the discretion or factual appreciation of trial judges.

He recalled that several distinguished judges, including Justice H R Khanna, Justice A M Ahmadi, and Justice Fathima Beevi, began their careers in the district judiciary.

On representation within the judicial system, Justice Bhuyan noted that Telangana has made significant strides in gender inclusion. Out of a sanctioned strength of 655 judicial officers in the Telangana Judicial Service, 478 are currently serving, of whom 283 are women, exceeding 50 per cent representation. He added that members of Scheduled Castes, Scheduled Tribes, minority communities, and persons with disabilities are also represented in the state’s judiciary.

He observed that greater representation of women, marginalised communities, persons with disabilities, and sexual minorities would help make the judiciary more inclusive and reflective of India’s diversity. “The judiciary must represent all the colours of the rainbow and become a rainbow institution,” he said.

Justice Bhuyan also referred to the recent restoration by the Supreme Court of the requirement of a minimum three years of practice at the Bar for entry-level judicial posts. While acknowledging that the requirement ensures practical exposure, he cautioned that its impact on women aspirants, especially those from rural or small-town backgrounds facing social and financial constraints, would need to be carefully observed over time.

Concluding his address, he reiterated that the justice system must strive to bridge the gap between constitutional ideals and lived realities, ensuring that the rule of law remains paramount.