CRIMINALIZATION OF POLITICS

 

Almost a year back, in February 2020, the Supreme court issued a decision that requires political parties to publish the entire criminal history of their candidates along with the reasons to allow the participation of such suspected criminals.

Directions issued by the Court:

·     It is mandatory for all political parties to publish all details regarding pending criminal cases against their chosen candidates, not only in local newspapers, but also on party websites and social media handles.

·     Along with the details of pending cases, the parties will have to publish “the reasons for such selection, as also as to why other individuals without criminal antecedents could not be selected as candidates”.

·     The “reasons” given for selection of the candidates have to be “with reference to the qualifications, achievements and merit of the candidate concerned, and not mere ‘winnability’ at the polls”.

 The judgement was passed in a contempt of court case filed against the chief election commissioner of India. The petition claimed that the Election Commission of India had failed to take steps to ensure the implementation of 2018 judgement of the bench which had also declared the same. The idea behind that judgement was: rapid criminalization of politics cannot be arrested by merely disqualifying tainted legislators but should begin by ‘cleansing’ political parties.

The statement made by Justice Nariman:”No political party offers an explanation as to why candidates with pending criminal cases are selected as candidates “, clearly makes it explicit one of the reasons behind giving the decision. This judgement and also the previous one, comes in line with several judgements of supreme court relating to the election procedures such as:

  • Supreme court’s direction to ensure the asset disclosure of the candidates, 
  • introducing the nota option in the voting machine,
  • invalidation of a clause that protected sitting legislators from immediate disqualification after conviction,
  •  establishment of special courts in all states for quick disposal of cases involving elected representatives.

Amidst the current crisis-the COVID outbreak and several other problems such as migrant workers crisis, the farmers bill controversy, the economic recession due to countrywide lockdown, massive unemployment, conflict with china-the deterioration of politics just adds to the problem.

 

STATISTICS

Shockingly, 30% of the members of the Lok Sabha in 2009 had criminals cases against them which went up to 34% in 2014 and has further reached an alarming level of 43% as regards the elected members in the Lok Sabha in 2019. The gravity of the malignancy can be better understood from the terrorize picture that 29% of those elected to the Lok Sabha in 2019 have declared serious crimes.

The ADR ( Association for Democratic Reforms) analysis shows that the candidates facing criminal charges had more chances of winning as compared to those with a clean record and this raises the question as to why Indians elect criminal politicians? It is usually said that people vote for criminals out of fear. Indian voters elect criminals due to the benefits of the divine they would receive from them since the politicians would have huge discretionary power over the implementation of policies that enable the distribution of benefits to the public.

 Government is full of criminals. There is a constant increase in its number as is suggested by the above data and a decrease in good will, purity and intent to do public service.

 

REASONS

Supreme Court and the election commission have taken many steps to curb criminalization of politics but the parliament needs to amend the Representation of People’s Act 1951 which deals with the disqualification of candidates against whom charges have been proved for offences. In spite of taking measures the political parties act in unison and do not pay any heed to those amendments. Therefore the intent of political leaders is corrupted to the very core, which in turn result in bad governance. For example the violation of the model code of conduct.

Publishing of criminal history of the candidates is also not a sufficient way to refine the eventual leaders. This is mainly because of two reasons:

    ·     majority of voters vote through very narrow prism of thought and community          interest like caste and religion,

  • the candidates are largely able to finance their own election.

Apart from this, having a weak rule of law in India is the main reason that leads to the use of different means by the candidates to evade them and fulfill their own set of interests.



 

EFFECTS

Such criminalization of politics is pervasive and present everywhere in India despite different means such as literacy, urbanization, etc. almost every political party is afflicted with this disease which neither has an absolute cure nor one is needed by these parties. Playing a blame game over here would not fulfill our motives since the whole machinery of law in India including the political parties , candidates , voters, rule of law and order in the country are all equally responsible for bringing such disgrace to our country. All the law making bodies and different organs such as the legislative, executive and judiciary are weakened and their roots are corrupted. The law breakers have became the law makers and this has affected the process of good governance in India. Such unhealthy democratic system reflects a poor image of the nature of India’s institutions and the quality of its representatives. It has also led to the increase in dealings in black money before during and after the elections which has increased corruption. A major effect it imparts is that it sets a bad precedent for the youth of India and reduces people’s faith in democracy.

 

 

The Bihar elections held in October 2020 were the first where the Supreme Court’s February 2020 judgement has been implemented. The court order is welcomed but we need to be vigilant. Complete ban of people with criminal background is not possible but there are steps to lower the increased percentage. The election commission needs to be more strengthened and the affairs of the political parties need to be regulated. The citizens also need to become more aware and realize that taking bribe for their vote or voting through confined thoughts is ultimately going to harm them in future therefore vigilance has to be spread about the misuse of money, gifts and other inducements. Politics for now is in the hands of those people who want power for their own sake and for the interest of general public.

Politics is one of the important factors in determining the fate of a country. India, the largest democracy in the world, is full of criminals and powerful people who run the machinery in a way that suits their interests. Corruption and criminalization of politics, which have now become an enduring phenomenon in Indian politics, have ruined the roots of democracy. None of the political parties are taking steps against it, instead they are promoting it. It is now high time that parliament takes some strong steps to improve the conditions of politics before it’s too late. The government and election machinery needs to be more transparent, accountable and pervade. For a good democracy we need to have clean elections.

                                                                                                                                                                                          ~ Ujjwal Singh

                                                                                                                    

                                                                                                                                                                                             

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