Paper: GS – II, Subject: Polity, Topic: Elections and RPA, Issue: Issue of criminalisation of Politics in India.
Context:
Analysis by Association for Democratic Reforms (ADR) reveals 30% of MPs and 29% of MLAs across India have declared serious criminal cases.Serious charges include offences punishable with imprisonment more than 5 years, or non-bailable offences.
Key Highlights:
Key Trends:
State-Wise Insights:
Causes of Criminalisation of Politics:
- Money and muscle power influencing elections.
- Weak enforcement of election laws by EC.
- Slow judicial process: candidates contest despite pending trials.
- Party interests: Political parties field “winnable” candidates regardless of background.
- Voter behaviour: Caste, community, and patronage politics overshadow criminal record.
Consequences:
Institutional Interventions:
- Supreme Court Judgments:
- Lily Thomas vs Union of India (2013): Disqualifies convicted legislators.
- Public Interest Foundation vs Union of India (2018): directed parties to publicise candidates’ criminal records.
- Election Commission: Mandates disclosure of criminal cases in affidavits.
- Law Commission (244th Report): Recommended disqualification of candidates once charges are framed for serious offences.
Way Forward:
- Legal reforms: Disqualification at framing of charges (serious offences).
- Fast-track courts: For speedy trial of political cases.
- Political reforms: Inner-party democracy and ethical candidate selection.
- Voter awareness: Strengthen citizen pressure to reject tainted candidates.
- State funding of elections: To reduce role of money and criminal nexus.
Conclusion:
Criminalisation of politics poses a grave threat to India’s democratic fabric, weakening governance and public trust. Urgent legal, institutional, and electoral reforms are essential to ensure that politics remains a space for public service, not criminal influence.
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