Criminalisation of Politics and Administration | Public Administration Optional for UPSC (Notes) PDF Download

Introduction

The criminalization of politics in India has become a growing concern, with an alarming rise in the number of legislators with criminal backgrounds being elected to Parliament. This trend poses a significant threat to the survival of true democracy. In this article, we will delve into the causes, consequences, and measures taken to address this issue, along with the recent verdicts by the Supreme Court. Understanding the criminalization of politics is crucial for aspiring civil servants preparing for the UPSC exams.

What is the Criminalization of Politics?

The criminalization of politics refers to the increasing participation of individuals with criminal backgrounds in the electoral process, leading to their selection as elected representatives of the people. This concerning trend has gained momentum over the years, with a significant impact on the functioning of the democratic system.

The Status of Criminal Politics in India

Criminal politics has become a primary concern in India, as numerous politicians facing charges of murder, corruption, abduction, and rape continue to serve as legislators. Shockingly, around one-third of the current parliament members have criminal cases filed against them. This data indicates that voters do not hesitate to elect candidates with criminal records, exacerbating the problem.

Causes of Criminal Politics

Several factors have contributed to the criminalization of politics in India:

• Muscle Power: Muscle power has long been deeply ingrained in Indian politics. Many politicians thrive by leveraging the support of criminals. These politicians seek to build a vote bank by employing muscle power to intimidate opponents and influence voters.
• Money Power: The exorbitant costs associated with elections in India have been a major breeding ground for corruption. Candidates spend substantial amounts of money to secure their positions, often far exceeding their potential earnings as legislators. Criminal activities serve as a source of funds to finance election campaigns.
• Loopholes in the Electoral System: The functioning of elections in India has been marred by several loopholes. Voters often lack awareness regarding the history, qualifications, and pending cases against candidates. This lack of information enables individuals with criminal backgrounds to enter politics and secure positions of power.
• Weak Judicial System & Denial of Justice: The judicial system in India faces a staggering backlog of cases, including those involving criminal politicians. The slow progress of these cases undermines public faith in the government and the judiciary. Delayed justice allows criminal politicians to continue their activities unchecked.

Effects of Criminal Politics

The growing criminalization of politics in India has led to several detrimental effects:

• Erosion of Ethical and Moral Values: Criminal politics reflects the low ethical and moral values among our legislators, resulting in the enactment of arbitrary and discriminatory laws. Politicians exploit their positions for personal gains, undermining the rule of law.
• Loss of Public Faith: The prevalence of criminal politicians erodes public trust in the government and the judiciary. The failure to effectively address this issue has led to a loss of faith in the democratic system as a whole.
• Impaired Governance: The presence of legislators with criminal backgrounds hampers the efficiency of legislatures, resulting in poor governance. The quality of candidates contesting elections directly impacts the ability to implement effective policies and deliver on public expectations.

Measures Taken to Address Criminal Politics

Efforts have been made by the Supreme Court and the Election Commission of India to address the issue of criminal politics:

• Election Commission of India (ECI) Reforms: The ECI has implemented several commendable measures to combat the role of muscle power, such as the effective implementation of the model code of conduct and the establishment of an Expense Monitoring Cell. Mandatory declaration of assets and existing criminal charges by candidates in self-sworn affidavits has enhanced transparency.
• Supreme Court Verdicts: The Supreme Court has played a significant role in tackling criminal politics through its verdicts. It mandated candidates to declare criminal records, financial records, and educational qualifications to the Election Commission. The court ruled that the declarations must be truthful and disqualified charge-sheeted MPs and MLAs upon conviction, without granting them three months for appeal. Additionally, the court directed the timely conclusion of trials against sitting MPs and MLAs.
• Judicial Attempts: The judiciary has also made efforts to address criminal politics, such as prohibiting incarcerated individuals from contesting elections and bringing election-related freebies under the ambit of the Code of Conduct. The Allahabad High Court banned caste and religion-based political rallies.

Recent Supreme Court Verdict

In a significant move, the Supreme Court ordered political parties to publish the pending criminal cases of their candidates online. It urged Parliament to enact a strong law that would compel parties to remove leaders accused of "heinous and grievous" crimes, without providing disqualification powers to the court. The verdict also emphasized the disclosure of criminal cases by candidates to the Election Commission and their respective parties.

Concerns and Further Steps

While the measures taken are commendable, there are concerns and additional steps that need to be considered:

• Burden on Election Commission: The Supreme Court's decision to pass the burden of disclosure to the Election Commission raises concerns, as the commission has been seeking the court's assistance for the past two decades.
• Parliamentary Role: Parliament must enact a comprehensive law to tackle criminal politics. However, regardless of the ruling party, Parliament has been reluctant to legislate on this critical issue.
• Voter Awareness: The recommendation for political parties to publicize the criminal background of candidates on their websites may not effectively reach voters who do not typically visit party websites.
• Definition of Heinous Crimes: The definition of "heinous crimes" may evolve with changing times and societal conditions, requiring periodic reassessment.
• Additional Measures: A broad consensus is needed across party lines to pass a law prohibiting candidates charged with heinous crimes. The establishment of more fast-track courts, state funding of elections, stricter implementation of anti-corruption laws, and improvements in inner-party democracy are crucial steps towards eradicating criminal politics.

Conclusion

The criminalization of politics poses a severe threat to Indian democracy. While the Supreme Court has made significant efforts to address this issue, effective solutions require legislative support. Parliament must take responsibility and enact comprehensive laws to cleanse politics of criminal elements. It is crucial to prioritize good governance and elect ethical and responsible leaders to build a vibrant democracy that represents the interests of the people. As aspirants for civil services exams, it is essential to understand the intricacies of criminal politics and its impact on our democratic system.