In recent reports, the Association for Democratic Reforms (ADR) has presented an analysis showing that around 24% of current members of the Rajya Sabha, India’s upper house of Parliament, have declared criminal cases against themselves. The report also highlights other key aspects of the criminalization of politics in the country.
Criminal Cases Among Rajya Sabha Members
Based on the analysis of 229 out of 233 Rajya Sabha seats, the ADR found that 54 members of parliament (MPs) have declared criminal cases. Of these, 28 or 12% have declared serious criminal cases. The data was obtained from self-sworn affidavits by the MPs, which also revealed that 89% of them have declared assets over Rs. 1 crore.
Criminal Charges and Wealth in the 17th Lok Sabha
The ADR’s findings also shed light on the state of the 17th Lok Sabha, the lower house of Parliament. About 43% of its elected members face criminal charges in court, while 84% have self-declared assets worth more than Rs. 1 crore. This indicates the highest number of MPs facing serious criminal charges such as rape, murder, and kidnapping since 2004.
Role of the Association for Democratic Reforms
Established in 1999, the ADR is a non-governmental organization based in New Delhi that, along with National Election Watch (NEW), is striving to bring transparency and accountability into Indian politics. They aim to reduce the influence of money and muscle power in elections.
The Criminalisation of Politics in India
The term “criminalisation of politics” refers to the election of candidates with criminal charges to Parliament or state legislature. This issue arises primarily due to the strong links between criminals and politicians, which are facilitated by several factors.
Reasons for the Criminalisation of Politics
The lack of political will, the use of muscle and money power, the votes that criminals bring in, narrow self-interests of voters, and a lack of choice among candidates all contribute to the criminalisation of politics.
Consequences of Political Criminalisation
A rise in criminal politics affects the effectiveness of democratic processes and introduces a culture of violence into society. It also increases the circulation of black money during and after elections, leading to a decrease in the probity of public life.
Supreme Court Measures Against Political Criminalisation
In response to this issue, the Supreme Court has implemented several measures in the past two decades, including mandatory declarations of criminal records, financial records, and educational qualifications by candidates contesting an election. Disqualification of sitting MPs or MLAs convicted and sentenced to not less than 2 years of imprisonment, providing ‘none of the above’ choice to voters, and setting up special fast-track courts to try lawmakers and politicians facing criminal cases are also part of these measures.
Election Commission’s Recommendations
Various recommendations by the Election Commission, such as the rejection of nomination papers of convicted candidates and the disqualification of candidates found guilty by a commission of inquiry, have been put forward. The commission also proposed changes in the electoral system, including the introduction of a 2-ballot system and negative voting.
Other Proposed Measures Against Political Criminalisation
Right to recall, which enables voters to oust non-performing elected representatives, and state funding of elections, where the government provides financial assistance to political parties to contest elections, are other measures that have been suggested.
Moving Forward
To break the cycle of criminals in politics, governance systems must be fixed, political financing must be effectively regulated, and reform must be bold. It is essential to eliminate loopholes in existing laws to make governance more transparent and accountable. Finally, voters should vote based on the character, conduct, and capability of candidates, rather than cash, caste, community, and criminal prowess.
