The criminalization of politics in India has been a matter of concern for many years. It refers to the
infiltration of criminals, lawbreakers, and corrupt individuals into the political system, who then use
their power and influence to further their interests at the cost of the country and its citizens. The
Supreme Court has given a clear directive – the criminal backgrounds of candidates given tickets by
political parties should be made public on the website. However, this measure proved ineffective as
criminals contested and even won elections.
Why should politicians be given special powers? Can a
charge-sheeted person become an IAS officer? Can he hold any civil services posts? Then why should
politicians be given this unfair privilege which goes against the very spirit of our democracy?
Recent findings by the Association for Democratic Reforms (ADR) and the National Election Watch,
36% of the newly elected Rajya Sabha candidates have criminal cases against them.
About 17% of these
candidates are facing serious criminal charges, such as attempted murder. Additionally, roughly 21% of
the candidates are billionaires, with assets exceeding Rs 100 crore, indicating substantial wealth in
politics. Most candidates (76%) fall between the ages of 51 to 70, with only 19% being women, revealing a
notable gender gap. Furthermore, a petition filed in Feb 2023 claimed a 44% increase in MPs with
declared criminal cases since 2009.
In the 2024 Lok Sabha elections analysis by ADR, out of 1618
candidates, 16% have declared criminal cases, with 10% facing serious charges. Among major parties,
varying percentages of candidates have declared criminal cases against themselves, ranging from 100% in
RJD to 13% in BSP. The 2024 Democracy Report (released by– V-Dem Institute at Sweden's University
of Gothenburg) shows that India, previously labelled as an "electoral autocracy" in 2018, has worsened
across many measures, confirming India's status as a major autocracy.
Why is politics in India becoming increasingly criminalized? Various factors contribute to the
criminalization of politics in India. Firstly, to secure votes during elections, candidates and political
parties often use illegal means such as buying people's votes with money by thugs called "goondas". For
instance, corrupt politicians will allow their powers as well as wealth to become a source of corruption
and other vices. Additionally, the perpetuation of muscle power especially during the poll time has made
this problem more complex; the party prefers it over any ethical conduct that can assure membership
wins.
The money power is also responsible for which black money and mafia funds are used to influence
the voters with various electoral gains. Furthermore, election machinery loopholes together with weak
judiciary systems and lawlessness are some other reasons why this persists. Thereafter, personal
relationships between politicians and criminals including organised crime syndicates add to these
problems by regarding individual interests rather than those of society at large.
Is the Criminalization of Politics in India Undermining Democracy and Governance? The implications
of politics being turned into crime in India are indeed very genial. That the criminalization of politics
undermines democracy by creating distrust between citizens and their elected representatives and
questioning the credibility of the system is not debatable. It also leads to poor governance as people who
have a background with an offence may value personal interests above public welfare which in turn
creates a situation of impunity and corrupts the society.
This on its own hinders economic development
discourages investors, disturbs social schemes and aggravates poverty levels with inequality. Furthermore,
it causes a dent in India's reputation internationally thus blocking positive interactions with other states
as well as international institutions.
The issue of criminalization of politics isn't unique to India but is a global concern seen in various
countries. In Brazil, politicians were banned from public office and fined for vote-buying and money
laundering. Italy's former Prime Minister, Silvio Berlusconi, faced prison time and a ban from public
office for tax fraud. Similarly, Pakistan's Prime Minister Nawaz Sharif was disqualified for life due to
corruption charges, and South Africa's ex-President Jacob Zuma was ordered to repay public funds and
banned from office for constitutional violations. In Mexico, a former Governor faced charges of
organized crime and money laundering.
These international cases emphasize the importance of holding
politicians accountable, imposing strict penalties, and preventing corrupt individuals from holding
public office, ultimately promoting transparency and accountability in politics worldwide.
Various court judgments in India have addressed the issue of criminalization of politics, highlighting its
seriousness. In these cases, the courts have made important rulings to promote transparency in the
political process and prevent individuals with criminal backgrounds from holding public office.
For
instance, in the Public Interest Foundation v. Union of India case in 2019, the Supreme Court ordered
political parties to publish the criminal records of their candidates and directed the Election Commission
to ensure the effective dissemination of this information. The Lily Thomas v. Union of India case in 2013
resulted in a ruling disqualifying lawmakers convicted of crimes from holding office.
Similarly, in the
Association for Democratic Reforms v. Union of India case in 2002, the court directed guidelines to
prevent candidates with criminal records from contesting elections. These observations underscore the
seriousness of the issue and the need for urgent action to address it, with the courts emphasizing the
importance of transparency and accountability in strengthening India's democracy.
Various initiatives have been undertaken to address the issue of criminalization of politics in India.
Constitutionally, Articles 84, 102, 173, and 191 outline eligibility criteria and disqualification rules for
members of Parliament and state legislatures. The Indian Penal Code and the Representation of People
Act of 1951, include provisions to penalize electoral offences and disqualify candidates convicted of
certain crimes.
Recommendations by committees like the
Vohra Committee and the Law Commission
have further emphasized the need to curb the influence of criminal elements in politics, proposing
measures such as disqualification of individuals facing serious charges and establishing special courts to
expedite trials of criminal cases involving politicians. Additionally, the government initiated schemes to
fast-track trials of criminal cases against lawmakers and set up monitoring committees to address delays
in investigations. These initiatives collectively aim to strengthen democracy and uphold the integrity of
the political process in India.
Some key measures to decriminalize Indian politics. Firstly, there should be strict legal provisions,
including implementing a lifetime ban on individuals with criminal backgrounds from contesting
elections, as endorsed by the Election Commission. Proactive steps by the judiciary are crucial, with
courts considering banning those accused of serious criminal charges from elections. Additionally,
citizens need to be vigilant about the potential misuse of funds during elections. State funding of
elections would be instrumental in curbing black money from politics according to various committees'
reports.
Also, there is a need to enhance the regulatory powers of the Election Commission and its
independence is important too. Therefore, it is necessary to make changes in laws like the amendment of
the Representation of People Act so that people having charges against them cannot contest elections
along with quickening the judicial process through time-bound trials.
Pressure must be mounted on
political parties so that they can be made accountable for their decisions and internal democracy within
parties has to be encouraged as well. Furthermore, technology can be utilized to ensure speedy trials and
provide easy access to information about candidates' criminal records. The Model Code of Conduct
(MCC) is a set of rules for elections in India. It aims to reduce the influence of criminals in politics by
limiting how much money can be spent, preventing violence, and making everything more transparent.
This helps create a fair election process where people choose their leaders based on ideas, not money or
muscle.
The issue of criminalisation of politics continues to plague India's democratic landscape. The
government, civil groups, and media need to work together to solve this problem and keep our
democracy strong. We need honesty and responsibility to make sure elections are fair and to stop
corruption.
Professor Sastry emphasizes the importance of informing voters about candidates' criminal
cases, suggesting that providing such information at polling booths could significantly impact electoral
outcomes by reducing public support for candidates with criminal backgrounds We need to make
important changes to our election rules. If we do not deal with this problem, it will be harmful to our
democracy. We have to keep our politics clean to help our country grow and make sure everyone's rights
are protected.
Also Read:
Comments