In recent news, two Uttar Pradesh legislators were convicted on criminal charges, with only a single legislator being disqualified and their seat declared vacant by the State’s Legislative Assembly secretariat. This issue brings to the fore the grave concern of the criminalization of politics in India, which involves the participation of criminals in political activities, including contesting in elections and becoming members of the Parliament or State legislature.
Understanding the Criminalisation of Politics
The crux of criminalization in politics primarily lies in the symbiotic relationship between politicians and criminals. However, the Indian Constitution does not explicitly state what disqualifies a person from contesting elections for the Parliament, Legislative assembly, or any other legislature. It is the Representation of Peoples Act (RPA) 1951 that provides clear guidance on the grounds for disqualification.
Legal Aspects of Candidate Disqualification
Section 8 of RPA, known as disqualification on conviction for certain offences, stipulates that an individual sentenced with a jail term of more than two years cannot participate in an election for six years following their jail term’s end.
Protection against Disqualification
Before 2013, Section 8(4) offered some protection to legislators from immediate disqualification. Under this provision, members of Parliament or state legislators would not be disqualified for three months. If an appeal was made within this period, disqualification could be withheld until the appeal was disposed of. This clause was declared unconstitutional by the Supreme Court in the Lily Thomas vs. Union of India case in 2013.
Supreme Court’s Powers in Political Criminal Cases
The Supreme Court has the authority to not only stay the sentence but also the conviction of a person. Very rarely, and under special circumstances, conviction has been stayed to allow the accused to contest an election.
Origins of Political Criminalisation
Several factors contribute to the criminalization of politics, including lack of law enforcement despite numerous laws and court rulings and vested interests in the electorate such as community, caste, or religious affiliations. The use of muscle and money power by candidates and lack of alternatives for voters further exacerbate the issue.
Implications of Political Criminalisation
The participation of criminals in politics is detrimental to free and fair elections and good governance. It tarnishes the image of India’s state institutions and elected representatives, promotes corruption and black money circulation, and causes social disharmony.
Strategies to Counter Political Criminalisation
To curb this issue, it has been recommended to introduce state funding of elections, strengthen the Election Commission, raise voter awareness, and encourage a proactive judiciary to bar people with serious criminal charges from contesting elections.
