Recently, the Supreme Court of India has voiced its concerns over the rampant criminalisation in politics, as shown through two distinctive judgments. The court found nine political parties guilty of contempt for not adhering to the guidelines set forth on February 13, 2020. Additionally, it ruled that no criminal case against MPs (Members of Parliament) or MLAs (Members of Legislative Assembly) could be retracted without the approval of the High Court of the state involved.
Case I: Political Parties and Contempt of Court
The order of February 13, 2020 called upon political parties to publicly disclose any criminal cases against their candidates. This information ought to be published on the party’s website, a local vernacular newspaper, national newspaper and social media accounts. The Supreme Court urged parties to have a caption stating “candidates with criminal antecedents” on their homepages. It also asked the Election Commission of India (ECI) to create a mobile application containing information on candidates with criminal backgrounds.
Despite these rulings, the Court took a lenient view of the matter during the Bihar assembly Elections 2020. This was the first election conducted after the issuance of the aforementioned directives. However, the Court appealed to lawmakers’ consciences to formulate a law addressing the criminalisation of politics.
Case II: Withdrawal of Criminal Cases against MPs and MLAs
This case came to light due to a pending PIL (Public Interest Litigation) aimed at establishing fast-track courts for lawsuits against legislators. Initially, in November 2017, the Supreme Court directed the formation of Special Courts in every state, leading to the opening of 12 such courts across the nation.
The new directive instructs the inspection of withdrawals, whether disposed of or still pending, from last year onwards. Further, the directive calls upon the Chief Justices of High Courts to constitute Special Benches to monitor progress in criminal cases against current and former legislators. This ruling is seen as a clipped power to state governments, especially in the wake of the Supreme Court’s concerns over the criminalisation of politics.
Criminalisation of Politics and Its Causes
The participation of criminals in politics is becoming increasingly prevalent. Individuals with criminal backgrounds are contesting in elections and getting elected as members of the Parliament and State legislature. The primary reason is the strong nexus between politicians and criminals themselves.
Despite the existence of several laws and court judgments aimed at curbing this issue, the problem persists due to lack of enforcement. Political parties often field candidates with a criminal history due to their ability to finance their own elections. Furthermore, voters often vote based on narrow self-interests, such as caste or religion, leaving them with few options if all competing candidates have criminal records.
The Impact of Criminalisation in Politics
Criminalisation in politics contravenes the principle of free and fair elections, thus limiting the choice of voters to elect suitable candidates. Further, it affects good governance, as law-breakers often become lawmakers, leading to an increase in corruption and causing social disarray. It also tarnishes the image of India’s state institutions and elected representatives.
Landmark Decisions in Decriminalising Politics
Over the years, the Supreme Court has made landmark decisions towards decriminalising politics, including mandatory disclosure of candidates’ criminal antecedents, invalidating Section 8(4) of the Representation of the People Act that allowed convicted lawmakers a three-month period to appeal, and recognising negative voting as a constitutional right of a voter.
Way Forward
To curb the criminalisation of politics, transparency and accountability need to be increased in governmental machinery. There should be an increase in public awareness about their rights and the importance of voting for qualified candidates. The Indian courts must consider banning individuals charged with serious criminal offences from contesting elections, given the reluctance shown by political parties to address this issue and its growing negative impact on Indian democracy.