The Supreme Court of India (SC) has decreed that it is the responsibility of the parliament to legislate a law to curb the criminalization of politics. This, following the case of Public Interest Foundation and ors vs. Union of India. In addition, a five-judge constitution bench ruled that simply framing of charges cannot become the basis for disqualification of a candidate.
Background
According to an analysis by the Association for Democratic Reforms (ADR), there is a significant prevalence of criminal records among elected Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs). The 16th Lok Sabha elections saw 185 out of the 542 winners, a staggering 34%, confess to having criminal cases against themselves. Further, 21% winners declared they faced serious criminal charges including murder, attempt to murder, communal disharmony, kidnapping and crimes against women.
Criminal Records: A Winning Edge?
Furthermore, the ADR report emphasized that candidates harboring criminal charges had double the chances of winning as compared to clean candidates. For instance, in the 2014 Lok Sabha elections, the chances of a candidate with a criminal record winning were 13% compared to a mere 5% for candidates with a clean slate.
Criminalization of Politics: State Perspective
When viewed through the lens at a state level, the evidence is no different. In Karnataka, 35% of the analyzed MLAs acknowledged criminal cases against them, with 24% admitting to serious criminal activities such as attempted homicide and kidnapping.
In Uttar Pradesh, 36% of the analyzed MLAs confessed to criminal cases while an alarming 26% stated they had severe criminal cases lodged against them.
Committees on Electoral Reforms
Several committees have shed light on the dire effect of money and power on elections in India. The Goswami Committee on Electoral Reforms in 1990 and the N.N. Vohra Committee that submitted its report in October 1993 both iterated this issue.
The Law Commission of India, in its 244th report, divulged that it was no longer politicians with links to criminal networks entering politics, but individuals with extensive criminal backgrounds making a mark on it.
SC Judgment – The Call for Legislation
While noting that mere disqualification of tarnished legislature won’t be effective, the Supreme Court emphasized that it was crucial to cleanse political parties themselves as they are central to India’s democracy.
The Court clarified that according to Article 102 of the constitution, a law drafted by the Parliament is required to disqualify one from being chosen as or being an MP. It further decreed that Parliament should create a law obligating political parties to expel leaders charged with serious crimes and to refuse ticket allocations to these offenders in parliamentary and Assembly polls.
Instructions to Candidates
Candidates must comprehensively fill out forms provided by the Election Commission and declare details of any pending criminal cases against them. These declarations must be made public via party websites and widely circulated newspapers and electronic media at least three times after nomination. It is also incumbent on the candidate to inform their respective parties about impending cases.
Role of Political Parties
The Supreme Court underscored the critical role played by political parties as conduits representing the interests and issues of the people in Parliament. It referenced Law Commission reports indicating that political parties were chiefly responsible for criminalization of politics.
The Way Forward
In its judgment, the Supreme Court aimed to maintain the delicate balance of power separation stipulated in the constitution by avoiding stepping into the law-making sphere of Parliament. Emphasis was placed on Parliament enacting a law to revoke the membership of persons facing serious charges. Other methods like bringing political parties under the Right to Information Act, state funding of elections and fostering inner-party democracy should also be considered to curb corruption and criminalization of electoral processes.
