The concept of “Amicus Curiae,” or “friend of the court,” is a key component in many legal proceedings. This role involves an individual or group that provides expertise or important information to the court, but it is not directly involved in the case. The Indian Supreme Court has recently appointed an Amicus Curiae to assist in establishing special courts for expediting cases involving MPs and MLAs.
According to recent data compiled by the Amicus Curiae, as of 1st December, 2021, there are 4,984 criminal cases pending against legislators across various Indian courts. This alarming statistic brings to light the growing trend of politics’ criminalization in the country.
Understanding the Concept of Political Criminalization
Political criminalization refers to criminals’ participation in political processes, such as standing for elections or becoming members of legislative bodies at different levels. It is a significant problem primarily because of the strong nexus between politicians and criminals.
Legal Aspects of Disqualifying Criminal Candidates
The Indian Constitution doesn’t explicitly outline disqualifications for individuals aiming to contest elections for the Parliament, Legislative assembly, or any other legislature. However, the Representation of Peoples Act 1951 provides criteria for disqualification. According to Section 8 of this act, individuals convicted and sentenced to over two years imprisonment can’t stand in an election for six years after completing their jail terms. However, this law doesn’t bar individuals with pending criminal cases from contesting elections. Thus, disqualification often depends on the conviction of these cases.
Reasons for Politics’ Criminalization in India
Several factors contribute to the pervasiveness of politics’ criminalization in India. Key among these is the lack of enforcement of laws and judgments. Additionally, voters’ tendencies to vote based on community interests like caste or religion often mean that the complete criminal history of a candidate does not dissuade them from voting for that candidate. Furthermore, candidates with significant financial resources and muscle power often flourish regardless of their public image, leading to further criminalization.
Effects of Political Criminalization
The criminalization of politics has several negative effects on society and governance. Firstly, it compromises the principle of free and fair elections by limiting the voters’ choice of suitable candidates. This trend also affects good governance since the law-breakers become law-makers, which undermines the democratic process’s efficacy. Moreover, it results in increased circulation of black money during and after elections, promoting corruption and affecting the integrity of public servants. It also fosters a culture of violence and reduces faith in democracy as an effective system of governance.
The Way Forward
To combat political criminalization, several solutions have been proposed. These include state funding of elections to curb the influence of black money, strengthening the Election Commission of India for cleaner electoral processes, and encouraging voters to be vigilant about the misuse of money, gifts, and other inducements during elections. Furthermore, given the reluctance of political parties to curb politics’ criminalization, Indian courts must seriously consider banning individuals charged with serious criminal offenses from contesting elections.
Last Modified: February 15, 2024