The National Election Watch (NEW) and Association of Democratic Reforms (ADR) have reported alarming statistics related to the recent assembly elections in Assam, Kerala, Puducherry, Tamil Nadu and West Bengal. Out of the total 6,318 candidates, at least 1,157 have criminal cases filed against them. NEW, a nationwide campaign initiated in 2002, and ADR, an Indian NGO established in 1999, are both diligently working towards improving democracy and governance in India.
The Criminalization of Politics
The term ‘criminalization of politics’ refers to the participation of individuals with a criminal background in political activities. These criminals not only contest in elections but also manage to get elected as members of Parliament and State legislature. The root cause of this problem lies in the strong nexus between politicians and criminals.
Legal Perspective: Disqualification of Criminal Candidates
The Indian Constitution does not explicitly mention the disqualification criteria for individuals contesting in elections for Parliament, legislative assembly or any other legislature. It is the Representation of Peoples Act, 1951 that provides guidelines for disqualifying a person from contesting in elections. According to Section 8 of the act, individuals sentenced to more than two years of imprisonment cannot contest in an election for six years post the completion of their jail term. However, the law does not disqualify candidates with pending criminal cases.
Reasons for Criminalization in Politics
Several factors contribute to the growing criminalization in politics. Firstly, the lack of political will to amend the RPA Act has resulted in an unsaid agreement between political parties preventing Parliament from enacting potent laws against the criminalization of politics. Secondly, several laws and court rulings have proven ineffective due to their poor enforcement. Furthermore, voters often prioritize communal interests such as caste or religion over candidates’ criminal histories. Lastly, candidates with serious records and sufficient financial resources often get elected despite their negative public image.
The Impact of the Criminalization of Politics
The participation of criminals in politics directly opposes the principle of free and fair elections and hinders good governance. It reduces the voters’ choice of suitable candidates, undermines the integrity of public servants, promotes violence, and increases corruption. Furthermore, it sets an unhealthy precedent for the youth and erodes faith in democracy.
Supreme Court’s Measures to Curb Criminalization of Politics
In February 2020, the Supreme Court ordered political parties to disclose the complete criminal history of their candidates, including the reasons for fielding them. Concurrently, several committees on electoral reforms have advocated for state funding of elections to limit the use of black money and thereby control the criminalization of politics.
The Road Ahead
There is an acute need to regulate political affairs for a cleaner electoral process. Thus, it is essential to empower the Election Commission. Voters too, must be mindful of the misuse of money, gifts, and other electoral inducements. Indian courts must now consider prohibiting individuals with serious criminal charges from contesting elections, given the reluctance shown by political parties to curb this issue and its detrimental effects on Indian democracy.
The original content for this facts-oriented article used simple language and clear subheadings for straightforward comprehension. The piece effectively communicates information about the criminalization of politics in India, citing recent statistics, legal perspectives, causes, impacts, Supreme Court’s measures, and potential solutions.
