Recent developments in 2025 show the complex relationship between criminal law and politics in India. The government proposed constitutional amendments to address political corruption and the misuse of criminal law against elected representatives. These moves sparked debates on justice, political ethics, and the autonomy of investigative agencies.
Criminal Law and State Power
Criminal law reflects the state’s power over citizens. Governments decide which acts are crimes based on political or social goals. This discretion can lead to laws that protect some and punish others unfairly. Arrests often occur on suspicion alone, raising concerns about misuse for political ends. In 2022, 76% of prisoners were under-trials, showing the slow judicial process and potential for prolonged detention without conviction.
Political Leaders and Arrests
Arrests of political leaders have become contentious. Some leaders spend time in jail during investigations, affecting their political careers and election campaigns. For example, Jharkhand Chief Minister Hemant Soren spent six months in custody before courts found no strong evidence against him. Delhi’s former Chief Minister Arvind Kejriwal lost crucial campaigning time due to his arrest. These cases raise questions about whether arrests are used as political tools rather than justice.
Constitutional Amendments on Ministerial Resignations
Recently, amendments were proposed to insert provisions in Articles 75 and 164 of the Constitution. These would allow removal or deemed resignation of the Prime Minister, Chief Ministers, and ministers if arrested. While intended to protect democracy and reduce corruption, critics fear misuse without reforming investigative agencies. The amendments aim to prevent leaders from holding office while facing serious charges but need safeguards to avoid political vendettas.
Investigative Agencies and Autonomy
The credibility of agencies like the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) is under scrutiny. Courts have criticised their functioning as biased or influenced by political masters. Calls for greater autonomy and consensus-based appointments of agency heads aim to restore public trust. Without this, reforms targeting political corruption may fail or be exploited.
Corruption in Politics
Political corruption remains a major challenge. The Vohra Committee (1993) brought into light links between crime and politics but progress has been limited. Parties often prioritise winnability over ethics when selecting candidates. Supreme Court rulings have barred convicted leaders from contesting elections, but Parliament has sometimes reversed these decisions. Low conviction rates in corruption cases, despite many investigations, undermine public confidence.
Legislative Efforts and Political Dynamics
The government’s recent bills seek to combat political corruption by tightening laws on criminality and office-holding. However, opposition parties resist these measures, fearing political misuse. The ruling alliance lacks the two-thirds majority needed to pass some constitutional amendments. The inclusion of the Prime Minister in these provisions recalls earlier debates on the Lokpal Act. Political narratives may frame these reforms as either anti-corruption or as attempts to target rivals.
Judicial Concerns and Bail Reforms
The judiciary stresses the importance of fair trials and bail. Bail should be the rule except in heinous crimes to prevent arrests from becoming punishments before conviction. The Bhartiya Nyaya Sanhita (2023) contains many stringent provisions, increasing potential imprisonment terms. Balancing law enforcement with protection of political rights is crucial for democracy and justice.
Questions for UPSC:
- Point out the challenges faced by investigative agencies like the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) in maintaining autonomy and impartiality in India’s criminal justice system.
- Critically analyse the impact of political corruption on democratic governance in India with suitable examples from recent years.
- Estimate the role of constitutional amendments in regulating the conduct of elected representatives and how they affect the balance of power between the legislature and judiciary.
- What is the significance of bail in the criminal justice system? How can reforms in bail laws protect individual rights while ensuring law and order?
