criminalisation of politics essay upsc

Criminalisation of politics: causes, impacts and solutions – Explained, pointwise

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• 1 Introduction
• 2 A little background of the petition 
• 3 What is criminalisation of politics? 
• 4 What are the recent trends? 
• 5 What are the causes of criminalisation of politics in India? 
• 6 What are the impacts of criminalisation of politics in India? 
• 7 What are the initiatives taken so far to overcome the issue of the criminalisation of politics in India? 
• 8 What are some of the landmark judgements on criminalisation of politics in India? 
• 9 What are the various recommendations on de-criminalization of politics? 
• 10 What should be done? 

Introduction

Recently, the Association for Democratic Reforms (ADR) wrote to the Election Commission (ECI), seeking action against political parties that failed to publish details of criminal records of their candidates as per orders of the Supreme Court and the ECI. Activists and independent electoral watchdogs like ADR have been raising concerns over criminalisation of politics for a long time. The increasing trend of criminalisation of politics poses a significant threat to the democratic system.  

A little background of the petition  

In a petition filed by Public Interest Foundation , the Supreme Court in 2018, made it mandatory for political parties to widely publicize the details of criminal cases pending against their candidates.  

Subsequently, in February 2020, while hearing a contempt petition regarding its 2018 order not being implemented, the court repeated that the parties would have to publish the details of candidates with pending criminal cases. It also added that they would have to include the reasons for selecting such a candidate.  

However, an analysis of data by the ADR of Karnataka, Gujarat and Himachal Pradesh elections shows that the number of candidates with criminal antecedents has only increased from previous elections.  

A petition filed by the ADR in 2022 in the Supreme Court sought contempt proceedings against various political leaders for not complying with earlier Supreme Court orders.  

The Supreme Court, earlier in 2023, dismissed the petition and asked ADR to pursue the remedies before the EC. This led ADR to write the letter to ECI.  

What is criminalisation of politics?  

  “Criminalisation of politics” refe rs to the entry of criminals and corrupt individuals into the political system. These individuals then exploit their positions of power and influence to prioritize their personal agendas over the welfare of the nation and its people.  

  Read more : What is the criminalisation of politics?  

What are the recent trends?  

Data by the ADR reveals that the number of candidates with criminal charges getting elected to Parliament has been on the rise since 2004.  

In 2004, around 24% of Members of Parliament (MPs) had pending criminal cases against them. By 2009, this percentage increased to 30%, followed by a further rise to 34% in 2014. In 2019, as many as 43% of MPs had criminal cases pending against them.  

According to a recent report published by ADR, in the recently held Karnataka elections, approximately 45 per cent of the candidates had criminal cases registered against them. Nearly 30 per cent of these candidates were accused of grave offences, including rape and murder.  

What are the causes of criminalisation of politics in India?  

Attraction of the strongmen : Due to the government’s failure to address the socio-economic and political concerns of the people, they are attracted towards people with a criminal image. These strongmen, who possess both power and wealth, are expected to fulfill the needs of the people.  

Vote bank politics: Money and muscle power of criminals help political parties gain votes. Since, in India electoral politics is more about caste, ethnicity, religion and several other factors, candidates overcome the reputational loss due to criminal charges and come out as victorious in elections.  

Black money in elections: Electoral politics is largely dependent on the money and the funding that it receives. Since candidates with criminal records often possess greater wealth, they ensure greater inflow in money, labour and other advantages that may help a party in successful campaign, and also possess greater ‘winnability’. Researech suggests that a candidate with a tainted reputation is three times more likely to win an election than a candidate with a clean record.  

Lack of Intra-party democracy: Political parties in India largely lack intra-party democracy and the decisions on candidature are largely taken by the elite leadership of the party. Thus, politicians with criminal records often escape the scrutiny by local workers and organisation of the party.  

Lack of adequate deterrence: Due to the low levels of convictions of MPs and MLAs, and delays in trials, political parties are not deterred from giving tickets to criminals.  

Loopholes in the functioning of Election Commission : The Election Commission has prescribed forms for the contestants of elections to disclose their property details, cases pending in courts, convictions etc. while filing their nomination papers. However, these steps have not been stringent enough to break the nexus between crime and politics.  

What are the impacts of criminalisation of politics in India?  

Undermines democracy: The foundation of a democracy is the trust between its citizens and those elected to govern on their behalf. When elected representatives have criminal backgrounds, it undermines this trust and erodes the credibility of the democratic system.  

Poor governance: Individuals with criminal backgrounds often lack the skills, education, and understanding necessary to govern effectively. Their policies and decisions may be guided by their own personal interests rather than the interests of their constituents.  

Cultivates culture of impunity: Criminalisation of politics can foster a culture of impunity where individuals believe they can commit crimes without facing consequences, which can lead to increased crime rates and a general lack of respect for the law.  

Encourages corruption: Politicians with criminal backgrounds are more likely to engage in corrupt practices, such as bribery, fraud, and embezzlement, further undermining the legitimacy of the government and public faith in it.  

Impact on economic development : The chronic corruption and mismanagement associated with criminal politicians can deter both domestic and foreign investors, stymie economic growth, and exacerbate poverty and inequality.  

Hampers social development: With corruption and self-interest driving policymaking, social development initiatives, such as health, education, and welfare programs, can be severely compromised, preventing the upliftment of disadvantaged groups.  

Taints international reputation: The criminalisation of politics can damage India’s reputation on the international stage, making it more difficult to engage in beneficial relationships with other countries and international organizations.  

What are the initiatives taken so far to overcome the issue of the criminalisation of politics in India?  

Constitutional initiative: Articles 84 and 173 deal with eligibility, whereas articles 102 and 191 deal with the disqualification of the House of Parliament and state legislative assemblies respectively.  

Legislative initiative: Indian Penal Code: Chapter IX A of Indian Penal Code deals with offences relating to elections . There are nine portions in it. For crimes like bribery, improper influence, and impersonation during elections, it defines them and lays forth the associated penalties.  

Representation of People Act (RPA), 1951: Section 8 of the Act lists certain offences which, if a person is convicted of any of them, disqualifies him from being elected, or continuing as, a Member of Parliament or Legislative Assembly.  

A candidate for any National or State Assembly elections is required to furnish an affidavit, in the shape of Form 26 appended to the Conduct of Election Rules, 1961 . Failure to furnish this information, concealment of information or giving of false information is an offence under Section125A of the RPA .   

What are some of the landmark judgements on criminalisation of politics in India? 

In Union of India (UOI) v. Association for Democratic Reforms and Anr, 2002 , the SC held that every candidate, contesting an election to the Parliament, State Legislatures or Municipal Corporation, must declare their criminal records, financial records and educational qualifications along with their nomination paper.  

In Ramesh Dalal vs. Union of India, 2005 , the SC held that a sitting MP or MLA shall also be subject to disqualification from contesting elections if he is convicted and sentenced to not less than 2 years of imprisonment by a court of law.  

The SC in  Public Interest Foundation vs Union of India case , 2018 had also directed political parties to publish online the pending criminal cases of their candidates. In this case, the court left the matter of disqualification of politicians carrying criminal charges against them to Parliament saying that the court cannot add to the grounds of disqualification.  

Order to establish Special Courts: Accordingly, the Union Government facilitated setting up of 12 Special Courts in States which had 65 and above pending cases, for expeditious trial of criminal cases involving MP/MLAs. Accordingly , 12 Special Courts (02 in NCT of Delhi and 01 each in the state of UP, Bihar, WB, MP, Maharashtra, Karnataka, Andhra Pradesh, Telangana, Tamil Nadu and Kerala) were constituted. Performance of these special courts is being monitored by the Hon’ble Supreme Court of India.  

What are the various recommendations on de-criminalization of politics?  

Read here: Important Recommendations  

What should be done?  

Legal reforms: The laws concerning the disqualification of candidates with criminal backgrounds need to be strengthened. For instance , 2nd ARC recommended amending section 8 of RPA to disqualify all persons facing charges related to grave and heinous offences and corruption, where charges have been framed six months before the election .   

Time-bound justice delivery system: Fast tracking trials and expediting the judicial process through a time-bound justice delivery system will weed out the corrupt as well as criminal elements in the political system.  

Pressure on political parties: P ressure must be exerted on political parties to make them accountable for their choices. Political parties must realise that they must follow the rule of law and that they are not above the law.  

Strict enforcement of directives: The ECI needs to strictly enforce the directives of the Supreme Court. Parties that do not comply with these directives should face penalties, including fines, as suggested by the ADR. In extreme cases, non-compliant parties could be deregistered.  

Internal democracy in political parties: Encouraging internal democracy within political parties can also help. When party members have a say in candidate selection, they are more likely to choose individuals of integrity.  

Implementing recommendations of various committees: The recommendations of several committees, such as the Vohra Committee (1993) and Goswami Committee and law commission report (170 and 244 th), which have focused on tackling the criminalisation of politics, need to be fully implemented.  

Use of technology: Technology can be harnessed to ensure speedy trials and provide easy access to information about candidates. For instance, online platforms could be used to maintain a publicly accessible database of the criminal records of all political candidates.  

Sources : ADR , Indian Express ( Article1 , Article2 ), Department of Justice , Free Press Journal , SCO  

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Criminalization of Politics

• What is lsquocriminalization of politicsrsquo and its status in India
• What are the reasons for the criminalization of politics in India
• What are the legal and constitutional tools to deal with the criminalization of politics in India
• What are the outcomes of criminalization of the Indian political landscape
• What are the various measures taken to deal with the issue of criminalization of politics in India
• What are the ways to decriminalize Indian politics

Prelims:    Indian Polity and Governance – Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains :   Salient Features of the Representation of People’s Act,  Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.

What is ‘criminalization of politics’ and its status in India?

In India, the Criminalization of politics has become a growing concern, with a significant number of elected officials facing criminal charges. This has led to public distrust in the political system and the perception that politicians use their power to evade the law.

The criminalization of politics refers to the involvement of individuals with a criminal record in the political arena. This can involve criminals running for and be elected to positions in Parliament and State Legislatures. It often occurs due to the close relationship between politicians and criminal elements.

Association of Democratic Reforms(ADR) report reveals that in the 2014 General Elections for the 16th Lok Sabha, 186 (34%) out of the 541 winners had criminal cases filed against them. This is a jump from the numbers for the 2009 elections, when, out of the 521 winners, 158 (30%) had declared criminal cases.

What are the reasons for the criminalization of politics in India?

There are several factors contributing to the criminalization of the political landscape in India:

• Muscle power: For winnability, Political parties can even hire or nominate criminals as candidates because of their influence. Many politicians chose muscle power to gain a vote bank in the country.
• Money power: Political parties and candidates use the money generated by criminal activities to influence voters, secure their support, and win elections. There also exists a quid pro quo between politicians and criminals to exchange favours or benefits.
• Loopholes in the functioning of the election machinery: The voters are not usually aware of the history of the candidate, qualifications, and cases pending against him.  
• Ineffective judicial system & delayed justice: The thousands and thousands of cases are pending in District Courts, High Courts, and Supreme Court against these criminals cum politicians.
• Lack of enforcement: Several laws and court judgments have not helped much due to the lack of enforcement of laws and judgments.
• Vested interests: Publishing the criminal history of candidates fielded by political parties may be ineffective, as a major chunk of voters tend to vote through a narrow prism of community interests like caste or religion.
• Politico-criminal nexus: This nexus between politicians and criminals, such as organized crime syndicates, drug cartels, etc, helps to advance their own interests or to gain power and influence.

What are the legal and constitutional tools to deal with the criminalization of politics in India?

• Indian Constitution does not specify what disqualifies a person from contesting elections for the Parliament, Legislative assembly, or any other legislature.
• In the present scenario, under the Representation of Peoples (RP) Act 1951, lawmakers cannot contest elections only after their conviction in a criminal case.
• Section 8 of the act, i.e., disqualification on conviction for certain offenses, according to which an individual punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended.
• The Election Commission of India, under the Representation of the People Act 1951, can remove or reduce the period of a person’s disqualification.

What are the outcomes of criminalization of the Indian political landscape?

The criminalization of politics can have negative effects on democracy and the rule of law. It creates an environment where politicians and political parties engage in corrupt practices and undermines the trust of citizens in the political system. 

• Impediment to Development: Criminalization of politics can act as an impediment to development, as politicians with criminal backgrounds may prioritize their own interests over the welfare of the people.
• Weakening of Democratic Institutions: The presence of criminals in politics can also weaken democratic institutions, as they may try to manipulate the system to their advantage.
• Impact on the Principle of Free and Fair Election: Criminalization of Politics goes against the principles of a free and fair election by limiting the options for voters to choose a deserving candidate.
• Impairing Good Governance : The issue of criminal elements becoming elected officials undermines the democratic process and hampers the delivery of good governance.
• Affecting Integrity of Public Servants: It also leads to increased circulation of black money during and after elections, which in turn increases corruption in society and affects the working of public servants.
• Causes Social Disharmony: It introduces a culture of violence in society and sets a bad precedent for the youth to follow, and reduces people's faith in democracy as a system of governance.
• Erodes Public Trust: Criminalization of politics erodes the public confidence in elected politicians who indulge in criminal activities.

What are the various measures taken to deal with the issue of criminalization of politics in India?

Supreme court  .

• Association for Democratic Reforms v. Union of India (2002): Supreme Court issued an order directing every candidate seeking election to the Parliament or a State Legislature to declare the criminal antecedents, assets, etc.
• Immediate Disqualification of Convicted MPs and MLAs: The Supreme Court, in Lily Thomas case(2013) , held that charge-sheeted Members of Parliament and MLAs, on conviction for offenses, will be immediately disqualified from holding membership of the House without being given three months’ time for appeal, as was the case before. 
• Fast Track Trial: The Supreme Court in March 2014 accepted the recommendations of the Law Commission and passed an order directing that trials against sitting MPs and MLAs must be concluded within a year of charges being framed.
• Public Interest Foundation v. Union of India (2019): In this case, the Supreme Court of India ordered political parties to publish the criminal records of their candidates on their websites, social media handles, and newspapers.

Election Commission of India

• Booth Capturing: In 1989, a provision was made for the adjournment of polls or countermanding elections in case of booth capturing. Booth capturing includes seizure and taking possession of polling stations, threatening and preventing any elector from going to polling stations.
• Prohibition of Arms: Entering into the neighbourhood of a polling station with any kind of arms is considered a cognizable offense.
• Curbing Muscle Power: The ECI has achieved considerable success in containing the role of muscle power through measures such as the effective implementation of the model code of conduct.
• Model Code of Conduct(MCC): The Model Code of Conduct is implemented by the Election Commission, from time to time, by using its constitutional powers under Article 324.
• Affidavits: Mandatory declaration of assets and existing criminal charges in affidavits to the ECI prior to elections has brought in some transparency.

What are the ways to decriminalize Indian politics?

• Strict Legal Provisions like Lifetime Ban: The election commission endorsed the call for a lifetime ban in the apex court. It had argued that such a move would “champion the cause of decriminalization of politics”.
• Proactive Judiciary: Given the reluctance by the political parties to curb the criminalization of politics and its growing detrimental effects on Indian democracy, Indian courts must now seriously consider banning people accused of serious criminal charges from contesting elections.
• Active Citizenry: Voters should also be aware of the potential to misuse funds, gifts, and other incentives during elections.
• State Funding of Elections: Various committees, such as Dinesh Goswami(1990) and Inderjeet Committee(1988), on the electoral reforms, have recommended state funding of elections which will curb the use of black money to a large extent and thereby will have a significant impact on limiting criminalization of politics.
• Strengthening Election Commission: Regulating the affairs of a political party is essential for a cleaner electoral process. Therefore, it is imperative to strengthen the Election Commission of India and ensure its independence.

Previous Year Questions(PYQs)

Q) Consider the following statements: (2020)

• According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.
• According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.

Which of the statements given above is/are correct?

(c) Both 1 and 2

(d) Neither 1 nor 2

Frequently Asked Questions(FAQs)

Q)   is model code of conduct enforceable through law.

No, Model Code of Conduct is not enforceable through any law. However, the Election Commission can take action by using its wide powers under Article 324.

Q) Can a person, who is convicted, contest the elections after completing his/her sentence?

According to Representation of People’s 1951, Individuals punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended. The Election Commission has endorsed multiple times for lifetime ban for the convicted person.

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“Criminalisation of Politics”

Published: 24th Feb, 2020

A two-Judge Bench of Supreme Court delivered a Judgment on the contempt petitions regarding the  criminalisation of politics in India. 

Background:

• The criminalisation of politics was never an “unknown phenomenon” in Indian political system but its presence was seemingly felt in its “strongest form” during the 1993 Mumbai bomb blasts which were the result of a collaboration of a diffused network of criminal gangs, police and customs officials and their political patrons.
• The recent judgment is, more or less, an extension of the Supreme Court’s 2018 judgment.
• In September 2018, the Supreme Court had refused todisqualify politicians against whom criminal charges were pending from contesting elections, and left it to Parliament to frame an appropriate law.
• It ordered political parties to publish a nominated candidate’s pending criminal cases on their official websites within 48 hours of selection.
• However, the directions given by the apex court in 2018 have not succeeded.

The criminalisation of politics:

• In India, the Criminalisation of political system can be understood as rising participation of criminals in the electoral process and selection of the same as elected representatives of the people due to the nexus between the criminals and some of the politicians.
• Muscle Power: In Indian politics, muscle power is not a new trend rather it has been a fact of life for a long time. Different political parties use muscle power to influence the attitude and conduct of sizable sections of the electorate.
• Gangsters : In most cases, the voters are too reluctant to take measures that would curtail the criminal activities. Many politicians chose gangster to gain larger vote bank.
• Money Power: It is a widely accepted fact that the elections to Parliament and State Legislatures are very expensive and this huge election expenditure is the root cause for corruption in India. To gain vote bank, politician uses money power.

The Ruling:

• In 2004, 24% of the Members of Parliament had criminal cases pending against them.
• In 2009, the number went up to 30%, in 2014 to 34% and in 2019, 43% of MPs had criminal cases pending against them.
• The SC has directed political parties to upload details of pending criminal cases against candidates contesting polls on their website.
• Parties will also publish the details of pending criminal cases against candidates on social media platforms and newspapers.
• Political parties will have to specify reasons for selecting candidates having pending criminal cases against them on their website.
• Political parties will have to submit a compliance report in this regard to the Election Commission within 72 hours of selecting candidates having pending criminal cases against them.

The present law:

• The Representation of Peoples (RP) Act, 1950 is an act to provide for the allocation of seats in, and the delimitation of constituencies for the purpose of elections too, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls.
• According to the prevalent law, the lawmakers and candidates are barred under the Representation of Peoples (RP) Act from contesting elections only after their conviction in a criminal case.

Right to Information Act and Criminalization of Politics:

• The Right to Information Act 2005 is a historical Act that makes Government officials liable for punishment if they fail to respond to people within a stipulated timeframe.
• In its Judgement of 2002, it directed the Election Commission to call for information on an affidavit from each candidate seeking election to Parliament or the State Legislature as a necessary part of the nomination papers.

Should SC venture into the Legislative arena?

There are divergent views on this issue:

• The Centre had contended that the judiciary should not venture into the legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls as there was already the RP Act which deals with the issue of disqualification.
• Election Commission of India:
• The Election Commission of India had taken a view which was apparently opposite to the Centre and said that the recommendations for decriminalising politics were made by the poll panel and the Law Commission back in 1997 and 1998, but no action was taken on them.
• It exhorted the court to issue the direction in the matter besides asking Parliament to make the suitable law.
• Supreme Court:
• At present, there is no law in the land that prevents criminally charged persons from standing for elections. In the absence of such a law, the court could step in and put disqualification criteria.
• The right to stand for election is not a fundamental right. So, putting some restriction on who can and cannot stand in the election, is not a suppression of ‘freedom of speech’ or ‘right to livelihood’ .

The solution to the criminalisation of politics has to come from the judiciary which has been the guardian angel of democracy. It has to be proactive. The current state of judicial paralysis is a reason why India scores only 0.57 out of 1 regarding ‘judicial independence’ in the Global State of Democracy Index. The country has also lost too much ground in the Democracy Index compiled by the Economist Intelligence Unit and finds itself at 51st rank, the steepest decline since 2006. 

Reasons for Criminalisation of Politics:

Following are the reasons for the criminalization of politics in the Indian political system:

• Unholy nexus between politicians and bureaucracy: The most important cause of criminalisation of politics is the unholy nexus between politicians and bureaucracy. This undesirable and dangerous relationship between bureaucracy and political leaders opened the door of criminalisation of politics.
• Irrelevant interference: The interference of politicians in the administration may be regarded as another reason for criminalisation of politics. It is increasing corruption and the net result is politics is, ultimately, criminalised.
• Quota system: Caste and religion both are equally responsible for the criminalisation of politics. Though there are certain fixed procedures and rules in the promotion, caste and religion both interfere in this process.
• Political system: The system of party government is also responsible for the criminalisation of politics. On the eve of the general election, the leaders of the party give promises to the electorate. The purpose is to win the election.
• Economic issues: Un-development, poverty, illiteracy and prismatic nature of Indian social system are collectively responsible for the criminalisation of politics.
• Corruption: Institutionalization of corruption is an ongoing process in our politico-administrative system because the corrupting of the institutions, in turn, has finally led to the institutionalization of corruption.
• Loopholes in the functioning of ECI: Election commission merely informs the people about the information related to the candidate.
• Denial of Justice and Rule of Law: Today, there is very little faith in India in the efficacy of the democratic process is actually delivering good governance.

Significance of the decision:

• Wise decision & informed choice: Complete information about criminal antecedents of the candidates forms the “bedrock of wise decision-making and informed choice by the citizenry” as the informed choice was the cornerstone to have a pure and strong democracy.
• The judgment signified the court's alarm at the unimpeded rise of criminals, often facing heinous charges like rape and murder, encroaching into the country's political and electoral scenes.

If our executive, legislature and judiciary continue to downplay the threat that criminalisation poses to our democracy, it will not be surprising if the world’s largest democracy degenerates from ‘flawed’ to ‘hybrid.

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GS2 PYQ (Mains Answer Writing): Criminalisation of Politics | UPSC Mains Answer Writing: Practice PDF Download

Q. Indian democracy faces various challenges due to criminalisation of politics. Examine the reasons, challenges and steps taken in this regard.

"Before looking at the solution of this question you may try this question at your own first"

Introduction Data from the Association for Democratic Reforms (ADR) indicates that 179 out of the 543 elected MPs in the 16th Lok Sabha have some kind of criminal case pending against them.

• Vote Bank:  Criminals are being wooed by political parties and given cabinet posts because their muscle and money fetches crucial votes. Elections are won and lost on swings of just 1% of the vote, so parties cynically woo every possible vote bank, including those headed by accused robbers and murderers.
• Denial of Justice and Rule of Law:  Toothless laws against convicted criminals standing for elections further encourage criminalization. Delay in justice is another root cause of increasing criminalization.
• Illiteracy and lack of awareness:  The rate of loss of criminals is directly proportional to the increase in literacy rate in India. In absence of literacy, people usually vote based on freebies, sensationalism and propaganda being presented.
• Lack of ethics or values in Indian politics, generally all major or minor political parties in India used to play blame game, instead of finding a collective solution of the problem.

Challenges:

• The primary sacrifice at the altar of criminalisation is that of governance, along with transparency and accountability.
• Favouritism and nepotism: Permits are awarded to people irrespective of merit and once such corrupt practices mar the political field, the way is clear for the entry of criminals.
• The political interference in the investigation of offence by police and at different stages of trial appears to crumbling the criminal justice delivery system.
• Corruption:  The elections to Parliament and State Legislatures are very expensive and it is a widely accepted fact that huge election expenditure is the root cause for corruption in India.
• Criminals have more chances of winning: While any random candidate has one in eight chances of winning a Lok Sabha seat, a candidate facing criminal charges is twice as likely to win as a clean candidate, due to muscle and money power at his helm.
• Election Commission has limited powers to legislate on election related laws.
• Criminalization of Indian politics and the consequent cult of the gun is the greatest danger that faces Indian democracy today.

Steps taken:  Executive efforts:

• Representation of people’s act 1950 and 1951 are main acts to take care of the political system in India.
• The Representation of the People’s Act, 1951, was amended to facilitate use of Electronic Voting Machines (EVMs).

Judicial Efforts:

• Apex Court made it mandatory for candidates to submit an affidavit with full disclosure of criminal cases, if any, and details of their asset and income.
• In 2003, None Of The Above (NOTA) option was also introduced by the judiciary.
• The apex court ruled that a sitting MP and MLA convicted of a jail term of two years or more would lose their seat in the legislature immediately (Lily Thomas vs. Union of India, 2013).
• The Supreme Court favoured the creation of special courts for expediting criminal cases involving politicians the Allahabad High Court banning caste and religion based political rallies

ECI efforts:

• The ECI has achieved considerable success in containing the role of muscle power through measures such as the effective implementation of the model code of conduct and the setting up of the expense monitoring cell.
• Mandatory declaration of assets and existing criminal charges in self-sworn affidavits to the ECI prior to elections has brought in some transparency.

Way forward

• Misuse of state power and criminalization of politics can be reduced and eliminated only if people participate on a larger scale in running the affairs of the state.
• Public opinion needs to be mobilized on all these fronts Opposition to individual politicians with criminal antecedents is necessary; but only deeper systemic reform can address the real crisis.
• Judicial system will have to be overhauled drastically to ensure that justice is dispensed swiftly in all cases.

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Make Your Note

Criminalization of Politics

• 02 Apr 2021
• GS Paper - 2
• Representation of People's Act
• Judgements & Cases

Why in News

According to the National Election Watch (NEW) and Association of Democratic Reforms (ADR) , in the Assembly elections in Assam, Kerala, Puducherry, Tamil Nadu and West Bengal, at least 1,157 out of 6,318 candidates have criminal cases against them.

• NEW is a nationwide campaign since 2002 comprising more than 1200 Non-governmental Organizations (NGOs) and other citizen led organizations working together on electoral reforms, improving democracy and governance in India.
• ADR is an Indian NGO established in 1999 situated in New Delhi.
• The criminalization of politics means the participation of criminals in politics which includes that criminals can contest in the elections and get elected as members of the Parliament and the State legislature. It takes place primarily due to the nexus between politicians and criminals.

Legal Aspect of Disqualification of Criminal Candidates

• In this regard, Indian Constitution does not specify as to what disqualifies a person from contesting elections for the Parliament, Legislative assembly or any other legislature.
• Section 8 of the act , i.e. disqualification on conviction for certain offences, according to which an individual punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended.
• The law does not bar individuals who have criminal cases pending against them from contesting elections therefore the disqualification of candidates with criminal cases depends on their conviction in these cases.
• In spite of taking appropriate measures to amend the RPA Act, there has been an unsaid understanding among the political parties which deters Parliament to make strong law curbing criminalisation of politics.
• Several laws and court judgments have not helped much, due to the lack of enforcement of laws and judgments.
• Publishing of the entire criminal history of candidates fielded by political parties may not be very effective, as a major chunk of voters tend to vote through a narrow prism of community interests like caste or religion.
• Candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties.
• Also, sometimes voters are left with no options , as all competing candidates have criminal records.
• It limits the choice of voters to elect a suitable candidate.
• It is against the ethos of free and fair election which is the bedrock of a democracy.
• The major problem is that the law-breakers become law-makers , this affects the efficacy of the democratic process in delivering good governance.
• These unhealthy tendencies in the democratic system reflect a poor image of the nature of India’s state institutions and the quality of its elected representatives.
• It also leads to increased circulation of black money during and after elections , which in turn increases corruption in society and affects the working of public servants.
• It introduces a culture of violence in society and sets a bad precedent for the youth to follow and reduces people's faith in democracy as a system of governance.
• In February 2020 Supreme Court (SC) ordered the political parties to publish the entire criminal history of their candidates for Assembly and Lok Sabha elections along with the reasons that forced them to field suspected criminals.
• The SC in Public Interest Foundation vs Union Of India, 2018 had also directed political parties to publish online the pending criminal cases of their candidates.

Way Forward

• Various committees (Dinesh Goswami, Inderjeet Committee) on the electoral reforms have recommended for state funding of elections which will curb use of black money to a large extent and thereby will have a significant impact on limiting criminalization of politics.
• Regulating the affairs of a political party is essential for a cleaner electoral process. Therefore, it is imperative to strengthen the election commission.
• Voters also need to be vigilant about misuse of money, gifts and other inducements during elections.
• Given the reluctance by the political parties to curb criminalisation of politics and its growing detrimental effects on Indian democracy, Indian courts must now seriously consider banning people accused with serious criminal charges from contesting elections.