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:

• Role Of Judiciary In Controlling Criminalization Of Politics
• An Analysis: Criminalization Of Politics In India
• Criminalization of politics in India
• Criminalization of Politics
• Criminalization of Indian Politics
• De-Criminalisation of politics