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Criminalisation of politics: causes, impacts and solutions – Explained, pointwise

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• 1 Introduction
• 2 A little background of the petition 
• 3 What is criminalisation of politics? 
• 4 What are the recent trends? 
• 5 What are the causes of criminalisation of politics in India? 
• 6 What are the impacts of criminalisation of politics in India? 
• 7 What are the initiatives taken so far to overcome the issue of the criminalisation of politics in India? 
• 8 What are some of the landmark judgements on criminalisation of politics in India? 
• 9 What are the various recommendations on de-criminalization of politics? 
• 10 What should be done? 

Introduction

Recently, the Association for Democratic Reforms (ADR) wrote to the Election Commission (ECI), seeking action against political parties that failed to publish details of criminal records of their candidates as per orders of the Supreme Court and the ECI. Activists and independent electoral watchdogs like ADR have been raising concerns over criminalisation of politics for a long time. The increasing trend of criminalisation of politics poses a significant threat to the democratic system.  

A little background of the petition  

In a petition filed by Public Interest Foundation , the Supreme Court in 2018, made it mandatory for political parties to widely publicize the details of criminal cases pending against their candidates.  

Subsequently, in February 2020, while hearing a contempt petition regarding its 2018 order not being implemented, the court repeated that the parties would have to publish the details of candidates with pending criminal cases. It also added that they would have to include the reasons for selecting such a candidate.  

However, an analysis of data by the ADR of Karnataka, Gujarat and Himachal Pradesh elections shows that the number of candidates with criminal antecedents has only increased from previous elections.  

A petition filed by the ADR in 2022 in the Supreme Court sought contempt proceedings against various political leaders for not complying with earlier Supreme Court orders.  

The Supreme Court, earlier in 2023, dismissed the petition and asked ADR to pursue the remedies before the EC. This led ADR to write the letter to ECI.  

What is criminalisation of politics?  

  “Criminalisation of politics” refe rs to the entry of criminals and corrupt individuals into the political system. These individuals then exploit their positions of power and influence to prioritize their personal agendas over the welfare of the nation and its people.  

  Read more : What is the criminalisation of politics?  

What are the recent trends?  

Data by the ADR reveals that the number of candidates with criminal charges getting elected to Parliament has been on the rise since 2004.  

In 2004, around 24% of Members of Parliament (MPs) had pending criminal cases against them. By 2009, this percentage increased to 30%, followed by a further rise to 34% in 2014. In 2019, as many as 43% of MPs had criminal cases pending against them.  

According to a recent report published by ADR, in the recently held Karnataka elections, approximately 45 per cent of the candidates had criminal cases registered against them. Nearly 30 per cent of these candidates were accused of grave offences, including rape and murder.  

What are the causes of criminalisation of politics in India?  

Attraction of the strongmen : Due to the government’s failure to address the socio-economic and political concerns of the people, they are attracted towards people with a criminal image. These strongmen, who possess both power and wealth, are expected to fulfill the needs of the people.  

Vote bank politics: Money and muscle power of criminals help political parties gain votes. Since, in India electoral politics is more about caste, ethnicity, religion and several other factors, candidates overcome the reputational loss due to criminal charges and come out as victorious in elections.  

Black money in elections: Electoral politics is largely dependent on the money and the funding that it receives. Since candidates with criminal records often possess greater wealth, they ensure greater inflow in money, labour and other advantages that may help a party in successful campaign, and also possess greater ‘winnability’. Researech suggests that a candidate with a tainted reputation is three times more likely to win an election than a candidate with a clean record.  

Lack of Intra-party democracy: Political parties in India largely lack intra-party democracy and the decisions on candidature are largely taken by the elite leadership of the party. Thus, politicians with criminal records often escape the scrutiny by local workers and organisation of the party.  

Lack of adequate deterrence: Due to the low levels of convictions of MPs and MLAs, and delays in trials, political parties are not deterred from giving tickets to criminals.  

Loopholes in the functioning of Election Commission : The Election Commission has prescribed forms for the contestants of elections to disclose their property details, cases pending in courts, convictions etc. while filing their nomination papers. However, these steps have not been stringent enough to break the nexus between crime and politics.  

What are the impacts of criminalisation of politics in India?  

Undermines democracy: The foundation of a democracy is the trust between its citizens and those elected to govern on their behalf. When elected representatives have criminal backgrounds, it undermines this trust and erodes the credibility of the democratic system.  

Poor governance: Individuals with criminal backgrounds often lack the skills, education, and understanding necessary to govern effectively. Their policies and decisions may be guided by their own personal interests rather than the interests of their constituents.  

Cultivates culture of impunity: Criminalisation of politics can foster a culture of impunity where individuals believe they can commit crimes without facing consequences, which can lead to increased crime rates and a general lack of respect for the law.  

Encourages corruption: Politicians with criminal backgrounds are more likely to engage in corrupt practices, such as bribery, fraud, and embezzlement, further undermining the legitimacy of the government and public faith in it.  

Impact on economic development : The chronic corruption and mismanagement associated with criminal politicians can deter both domestic and foreign investors, stymie economic growth, and exacerbate poverty and inequality.  

Hampers social development: With corruption and self-interest driving policymaking, social development initiatives, such as health, education, and welfare programs, can be severely compromised, preventing the upliftment of disadvantaged groups.  

Taints international reputation: The criminalisation of politics can damage India’s reputation on the international stage, making it more difficult to engage in beneficial relationships with other countries and international organizations.  

What are the initiatives taken so far to overcome the issue of the criminalisation of politics in India?  

Constitutional initiative: Articles 84 and 173 deal with eligibility, whereas articles 102 and 191 deal with the disqualification of the House of Parliament and state legislative assemblies respectively.  

Legislative initiative: Indian Penal Code: Chapter IX A of Indian Penal Code deals with offences relating to elections . There are nine portions in it. For crimes like bribery, improper influence, and impersonation during elections, it defines them and lays forth the associated penalties.  

Representation of People Act (RPA), 1951: Section 8 of the Act lists certain offences which, if a person is convicted of any of them, disqualifies him from being elected, or continuing as, a Member of Parliament or Legislative Assembly.  

A candidate for any National or State Assembly elections is required to furnish an affidavit, in the shape of Form 26 appended to the Conduct of Election Rules, 1961 . Failure to furnish this information, concealment of information or giving of false information is an offence under Section125A of the RPA .   

What are some of the landmark judgements on criminalisation of politics in India? 

In Union of India (UOI) v. Association for Democratic Reforms and Anr, 2002 , the SC held that every candidate, contesting an election to the Parliament, State Legislatures or Municipal Corporation, must declare their criminal records, financial records and educational qualifications along with their nomination paper.  

In Ramesh Dalal vs. Union of India, 2005 , the SC held that a sitting MP or MLA shall also be subject to disqualification from contesting elections if he is convicted and sentenced to not less than 2 years of imprisonment by a court of law.  

The SC in  Public Interest Foundation vs Union of India case , 2018 had also directed political parties to publish online the pending criminal cases of their candidates. In this case, the court left the matter of disqualification of politicians carrying criminal charges against them to Parliament saying that the court cannot add to the grounds of disqualification.  

Order to establish Special Courts: Accordingly, the Union Government facilitated setting up of 12 Special Courts in States which had 65 and above pending cases, for expeditious trial of criminal cases involving MP/MLAs. Accordingly , 12 Special Courts (02 in NCT of Delhi and 01 each in the state of UP, Bihar, WB, MP, Maharashtra, Karnataka, Andhra Pradesh, Telangana, Tamil Nadu and Kerala) were constituted. Performance of these special courts is being monitored by the Hon’ble Supreme Court of India.  

What are the various recommendations on de-criminalization of politics?  

Read here: Important Recommendations  

What should be done?  

Legal reforms: The laws concerning the disqualification of candidates with criminal backgrounds need to be strengthened. For instance , 2nd ARC recommended amending section 8 of RPA to disqualify all persons facing charges related to grave and heinous offences and corruption, where charges have been framed six months before the election .   

Time-bound justice delivery system: Fast tracking trials and expediting the judicial process through a time-bound justice delivery system will weed out the corrupt as well as criminal elements in the political system.  

Pressure on political parties: P ressure must be exerted on political parties to make them accountable for their choices. Political parties must realise that they must follow the rule of law and that they are not above the law.  

Strict enforcement of directives: The ECI needs to strictly enforce the directives of the Supreme Court. Parties that do not comply with these directives should face penalties, including fines, as suggested by the ADR. In extreme cases, non-compliant parties could be deregistered.  

Internal democracy in political parties: Encouraging internal democracy within political parties can also help. When party members have a say in candidate selection, they are more likely to choose individuals of integrity.  

Implementing recommendations of various committees: The recommendations of several committees, such as the Vohra Committee (1993) and Goswami Committee and law commission report (170 and 244 th), which have focused on tackling the criminalisation of politics, need to be fully implemented.  

Use of technology: Technology can be harnessed to ensure speedy trials and provide easy access to information about candidates. For instance, online platforms could be used to maintain a publicly accessible database of the criminal records of all political candidates.  

Sources : ADR , Indian Express ( Article1 , Article2 ), Department of Justice , Free Press Journal , SCO  

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The infiltration of criminals into politics has become a growing concern, raising serious questions about the integrity of democratic processes. The criminalisation of politics, with candidates charged with heinous offences holding positions of power, has cast a shadow on governance, accountability, and the people's trust, writes Diksha Puri.

Recently, the Association for Democratic Reforms (ADR), an advocacy group focused on electoral reforms, wrote a letter to the Election Commission of India (ECI) urging the Commission to take action against political parties that have failed to disclose the criminal backgrounds of candidates they have nominated in various assembly elections conducted in recent years.

Prof. Trilochan Sastry, Founder and Trustee of  Association for Democratic Reforms (ADR) speaks on criminalisation of politics  

Based on the Supreme Court’s directives on September 25, 2018, and February 13, 2020, political parties have been instructed to disclose the criminal histories of candidates contesting elections. They are also required to provide reasons for nominating these candidates, regardless of their perceived chances of winning. The ECI has further issued a directive to ensure the implementation of the court’s orders regarding the declaration of candidates’ criminal backgrounds. However, despite multiple reminders, several political parties in India persistently neglect to fulfil these obligations of public disclosure.

“Electoral reforms have been at the forefront of ADR’s commitment. We have been doing many surveys on criminal politicians, and we ensure that this information is readily available to the public. The time has come for the Election Commission of India to take decisive action against political parties that willfully defy the directives of both the Supreme Court and the ECI. Individuals engaged in criminal activities are ill-suited for governance as their focus remains fixated on their unlawful pursuits. Consequently, corruption thrives, public services deteriorate, roads suffer, government schools falter, and public healthcare centres operate inefficiently. These criminals prioritise self-interest over serving the people. Hence, those genuinely dedicated to public service must be given tickets by political parties to contest in elections, but there is no political will to make this a reality,” states Prof. Trilochan Sastry, Founder and Trustee of ADR.

According to Professor Sastry, the voters need to be well-informed about the serious criminal cases linked to the candidates they are considering supporting. He suggests that if voters were provided with comprehensive details of these criminal cases right at the polling booth before they cast their votes, it could have a significant impact on the electoral outcomes. By making such information readily available, many candidates with criminal backgrounds may lose public trust and support.

Senior advocate Vikas Singh, who previously represented the Election Commission in a case pertaining to the criminalisation of politics, says there are huge complexities surrounding the matter. He emphasises that the responsibility should lie with political parties not to nominate candidates with criminal backgrounds. In an interview with The Probe, Vikas Singh, who also serves as the President of the Supreme Court Bar Association (SCBA), notes that the political class is employing manipulative tactics in an attempt to undermine the directives of the apex court.

“The Supreme Court’s directive was clear – the criminal backgrounds of candidates given tickets by political parties should be made public on the website. However, this measure proved ineffective as criminals contested and even won elections. Recognising the need for a more robust solution, I proposed that pressure be exerted on political parties, making them accountable for their choices. It was crucial to question why they were granting tickets to criminals instead of individuals with good reputations. Unfortunately, political parties started circumventing the directive of the Supreme Court by adopting a standard defence tactic, claiming false cases were foisted against the candidates nominated by them. They started presenting these criminal candidates as social workers. In each case, they began using this generic one-liner defence without examining the merits of the case. As a result, the Supreme Court’s order was defeated,” explains Singh. 

Singh questions, “Why should politicians be given special powers? Can a charge-sheeted person become an IAS officer? Can he hold any civil services posts? Then why should politicians be given this unfair privilege which goes against the very spirit of our democracy? In this case, the change can only be brought in by the Parliament. The Election Commission has been turned into a toothless body. Only political will can bring about change”.

According to a recent report published by ADR, approximately 45 per cent of the candidates from Congress, BJP, and JD(S) who participated in the recently held Karnataka elections had criminal cases registered against them. Alarmingly, nearly 30 per cent of these candidates were accused of grave offences, including rape and murder. Professor Sastry highlights that India stands out as one of the few countries where criminals are permitted to participate freely in elections and emerge as winners.

“Look, let’s take the example of the United States. If someone has a murder or rape case, they would never even be considered for a political ticket. Such individuals would be excluded from contesting elections. However, in India, that is not the case. This poses a serious threat to our democratic process. Democracy with criminals is not a healthy democracy. It is crucial to raise awareness among the people about the issue of criminalisation of politics. They need to understand that if they vote for such individuals, they are not just harming the country but also themselves. For instance, if you are a person from an economically disadvantaged background and you vote for such candidates, your children’s education will suffer because the schools won’t be properly run. Similarly, when you need medical assistance, the hospitals will not function effectively due to the massive corruption indulged in by these criminals. You will be deprived of basic amenities and services,” notes Professor Sastry. 

According to Gopal Sankaranarayanan, a Senior Advocate of the Supreme Court of India, many politicians are well aware of the significant power and influence they hold as lawmakers. They recognise that their positions grant them the ability to not only block any laws that could hold them accountable but also to exert influence over government officials, ensuring that cases are not filed against them and that they remain protected.

“ADR surveys have shown a gradual rise in the numbers of individuals with criminal offences and charges framed against them. Currently, nearly 44 per cent of all Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) face serious criminal charges. This is a highly concerning situation. However, both the Supreme Court and the Election Commission find their hands tied in addressing this issue. The resolution lies in the existence of a political will, which unfortunately is challenging to come by,” asserts Sankaranarayanan. 

Jagdeep S Chhokar, the Founder and Trustee of ADR, expresses his concerns about the existing laws and their suitability in addressing the issue of criminalisation in politics. He highlights the exploitation of these laws by politicians who take advantage of the loopholes. He says there is an immediate need to tackle the challenge of the intertwining of criminalisation and financial power. 

“In the current political landscape, politicians and political parties often prioritise candidate selection based on their perceived “winnability.” However, this criterion solely focuses on a candidate’s ability to secure electoral victory, disregarding the means employed to achieve that victory. Unfortunately, many elections witness the use of illicit methods and unfair practices, which is a departure from the principles of genuine public service. Politics has transformed into a pursuit of power rather than a commitment to serving the public interest,” explains Chhokar.

One major concern in the realm of criminalisation of politics is the classification of political cases filed by rivals as criminal records, which raises questions about the definition and severity of a criminal record. This blurring of lines between politically motivated cases and genuine criminal offences makes it even more easier for political parties to take advantage of the loopholes in the current system. 

Political scientist Dr Sandeep Shastri sheds light on the reasons behind the increasing presence of individuals with criminal records in politics. He says that the time has come to reevaluate the definition of a criminal record. “There is an element of numbness that has got into the voters in defining and deciding whom they want to vote for, and that factor does not seem to be high on the order of their priority. This broad category of criminal records includes all types of people—even those against whom political cases filed by rivals have also been classified as a criminal record. What constitutes a criminal record in terms of the seriousness of the crime? All this must be seriously looked at. Today, voters vote keeping in mind the party label and not keeping in mind the candidate label. So, most people don’t look at the profile of a candidate, but they are looking at the profile of the political party. In my view, the combination of the above factors has led to those with criminal records being voted to the legislature,” states Shastri.

Despite repeated calls for electoral reforms and transparency in the political system, the issue of criminalisation of politics continues to plague India’s democratic landscape. The rampant nomination of candidates with criminal backgrounds not only undermines the principles of democracy but also erodes public trust in the electoral process. The lack of political will and loopholes in existing laws have allowed this alarming trend to persist. The time for comprehensive electoral reforms is long overdue, and failure to address the persistent issue of criminalisation of politics poses a grave threat to the very fabric of Indian democracy.

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Criminalization of Politics in India: Causes, Effects, Measures

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The rising percentage of members of parliament who have a criminal background: 2004 – 24%, 2009 – 30%, 2014 – 34% and 2019 -43%. Around 50% of MPs in the new Lok Sabha have criminal records. This increasing number of members with criminal records in parliament endangers the survival of any true democracy. In this article, you will learn everything about the criminalisation of politics viz- what, why, causes, consequences, measures, challenges, solutions, and also the verdict of SC regarding criminal politics.

This topic of “Criminalization of Politics in India: Causes, Effects, Measures” is important from the perspective of the UPSC IAS Examination , which falls under General Studies Portion.

What is the Criminalisation of Politics?

The criminalisation of politics refers to the increasing participation of criminals in the electoral process and selection of the same as elected representatives of the people.

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What is the status of Criminal Politics in India?

• The criminalisation of politics is one of the primary concerns in India as many politicians facing charges of murder, corruption , abduction, and rape continue to be legislators.
• Around 1/3 rd the members of the current parliament have criminal cases filed against them.
• Data suggests that voters don’t mind electing candidates facing criminal cases.

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How did Indian politics become criminalized?

Muscle power:.

• Muscle power has been ingrained into Indian politics for a very long time.
• Many politicians are thriving today based on muscle power provided by criminals.
• Such politicians chose muscle power in order to gain a vote bank in the country.

Money Power:

• It is a well-accepted fact that huge election costs are the major cause of corruption in India.
• A candidate spends lakhs of rupees to get elected and even if he gets elected, the total salary he gets during his term as a legislator will be meager compared to his election expenses.
• However, criminal activities help in generating a huge amount of money to fund the elections.

Loopholes in the functioning of elections:

The voters are generally not aware of the history of the candidate, qualifications, and cases pending against him.

Weak Judicial System & Denial of Justice:

A huge pile of cases is pending in District courts, High Courts, and Supreme Court against these criminal cum politicians.

Why criminal politics is a grave concern?

• It reveals the low ethical and moral values of our legislators which leads to the enactment of arbitrary and discriminatory laws.
• Misusing executives for personal gains and undermining the law of the land.
• The quality of candidates contesting elections is important for better governance.
• Loss of public faith in the government as well as judiciary since courts failed to contain it.
• It affects the efficiency of legislatures leading to poor governance.

What are the measures taken?

The Supreme Court and Election Commission of India (ECI) have taken some commendable measures to reform the electoral process as follows.

ECI’s reforms

• ECI has achieved substantial success in controlling the role of muscle power via measures like the effective implementation of the model code of conduct and also established the Expense Monitoring Cell.
• Mandatory declaration of assets and existing criminal charges in self-sworn affidavits to the ECI prior to elections has brought in some transparency.

The Supreme Court’s verdicts

• Criminal records
• Financial records
• Educational qualifications

If the candidate fails to file any of the above three declarations, the Returning Officer will have the right to reject his nomination papers. SC ruled that all three declarations will have to be truthful.

• SC in (Lily Thomas Vs Union of India 2013) declared that upon conviction, charge-sheeted MPs and MLAs would be disqualified with immediate effect from holding membership of the house, without being given 3 months to appeal.
• SC in 2014 accepted the Law Commission recommendations and passed an order directing that trials against sitting MPs and MLAs should be concluded within a year of charges being framed and conducted on a day-to-day basis.
• Some other attempts by the judiciary: prohibiting those in jail from contesting elections, directing the EC to bring the issue of election-related freebies under the ambit of the Code of Conduct, the Allahabad High Court banning caste, and religion-based political rallies.
• Recent SC verdict: The judgement was given over the much-awaited pronouncement on the petitions asking it to prohibit politicians facing the heinous criminal charges against rape, murder, and kidnapping from contesting elections.

Centre’s measures

In 2017, the Union government started a scheme to establish 12 special courts for a year to fast-track the trial of criminal cases against 1,581 MPs and MLAs.

How effective were those measures?

• Debarring of politicians has no effect since rates of conviction are too low and trials themselves are subject to long delays as showcased by a recent Law Commission report.
• Many politicians are filing false affidavits about their annual income, wealth details.
• About 90% of cases transferred to the special courts set up under the Centre’s scheme are pending as of now.

What are the key features of the  SC verdict on Criminal Politics?

Political parties.

• SC’s Observation – The rapid criminalization of politics cannot be solved through the mere disqualification of criminal legislators. Cleaning politics from criminal elements starts only by means of purifying political parties themselves. Since political parties are the major institution of Indian democracy, they play an important role in the interface between private citizens and the government. They act as a medium through which interests and problems of the people are showcased in Parliament.
• SC’s verdict – The Supreme Court ordered the political parties to publish the pending criminal cases of their candidates online.
• It asked the Parliament to create a strong law in order to cleanse political parties of leaders facing trials for serious crimes.
• Such a law should make it mandatory for political parties to remove leaders accused of “heinous and grievous” crimes.
• Parties must reject tickets to criminal elements in both parliamentary and Assembly polls.
• The Bench also made it clear that the court cannot make law for Parliament by providing disqualification to prohibit such candidates from contesting elections.
• SC declared that the candidates should disclose their criminal cases against them to the Election Commission in BLOCK LETTERS as well as to their respective political parties.
• The parties, in turn, should publish the full details of their candidate on their websites for public view.

What are the concerns with the judgement?

• The SC has passed the burden to the ECI, although the ECI has been asking for the apex court’s aid for the past two decades.
• Parliament is required to make a law on the matter as per Article 101 (1) of the constitution, however, Parliament regardless of who is in power has always been reluctant to legislate on the issue.
• The bench pronounced that it is not in a position to enable disqualification of candidates who face criminal charges thus withdrawing from its responsibility to solve the issue.
• Voters do not generally read the websites of political parties.
• The recommendation regarding the publicity campaigns about the criminal background of candidates by political parties sounds unreasonable.
• The definition of heinous crimes may change as per times and societal conditions.

What more could be done?

• A law to prohibit candidates who are charged with heinous crimes will need a broad consensus across the party lines.
• More fast-track courts to try the cases dealing with serious charges against the candidates.
• To reduce money power,
• To create a level playing field,
• To enable public-spirited people to contest elections thereby ensuring equality of opportunities,
• To break the political-corporate nexus thereby ending rent-seeking and crony capitalism.
• To change the election’s focus towards people’s problems rather than on raising funds through illegitimate means, i.e., focus on development politics.
• Stricter implementation of anti-corruption laws.
• Transparency and audit mechanisms.
• Representation of Peoples Act (RPA) needs to be amended and there should be stricter actions against serious offenders.
• Election Commission should be given more power to deal with corruption cases.
• Inner party democracy needs to be improved.

Supreme Court has done its part in decriminalizing Indian politics. But SC or Election Commission cannot decriminalize politics single-handed since they require support from Legislation too. Hence it is in the hands of the Parliament to frame a law that decriminalizes Indian politics effectively.

In the words of Dr. Rajendra Prasad , “A constitution like a machine is a lifeless thing. It acquires life because of the men who control it and operate it”. Therefore good and quality politicians are needed for India to become a vibrant democracy through good governance .

Practice Question:

• The criminalization of politics is a disease that poses a grave threat to our democracy if left unchecked. Discuss the initiatives taken to check criminal politics and examine the effectiveness of those initiatives.
• April 25, 2023: The killing of Atiq Ahmed , a notorious criminal turned politician in India, highlighted the issue of criminalization of politics in the country. Nearly 40% of the current Indian Parliament members have criminal cases pending against them, with many not feeling threatened due to the slow pace of trials.

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Criminalization of Politics

• What is lsquocriminalization of politicsrsquo and its status in India
• What are the reasons for the criminalization of politics in India
• What are the legal and constitutional tools to deal with the criminalization of politics in India
• What are the outcomes of criminalization of the Indian political landscape
• What are the various measures taken to deal with the issue of criminalization of politics in India
• What are the ways to decriminalize Indian politics

Prelims:    Indian Polity and Governance – Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains :   Salient Features of the Representation of People’s Act,  Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.

What is ‘criminalization of politics’ and its status in India?

In India, the Criminalization of politics has become a growing concern, with a significant number of elected officials facing criminal charges. This has led to public distrust in the political system and the perception that politicians use their power to evade the law.

The criminalization of politics refers to the involvement of individuals with a criminal record in the political arena. This can involve criminals running for and be elected to positions in Parliament and State Legislatures. It often occurs due to the close relationship between politicians and criminal elements.

Association of Democratic Reforms(ADR) report reveals that in the 2014 General Elections for the 16th Lok Sabha, 186 (34%) out of the 541 winners had criminal cases filed against them. This is a jump from the numbers for the 2009 elections, when, out of the 521 winners, 158 (30%) had declared criminal cases.

What are the reasons for the criminalization of politics in India?

There are several factors contributing to the criminalization of the political landscape in India:

• Muscle power: For winnability, Political parties can even hire or nominate criminals as candidates because of their influence. Many politicians chose muscle power to gain a vote bank in the country.
• Money power: Political parties and candidates use the money generated by criminal activities to influence voters, secure their support, and win elections. There also exists a quid pro quo between politicians and criminals to exchange favours or benefits.
• Loopholes in the functioning of the election machinery: The voters are not usually aware of the history of the candidate, qualifications, and cases pending against him.  
• Ineffective judicial system & delayed justice: The thousands and thousands of cases are pending in District Courts, High Courts, and Supreme Court against these criminals cum politicians.
• Lack of enforcement: Several laws and court judgments have not helped much due to the lack of enforcement of laws and judgments.
• Vested interests: Publishing the criminal history of candidates fielded by political parties may be ineffective, as a major chunk of voters tend to vote through a narrow prism of community interests like caste or religion.
• Politico-criminal nexus: This nexus between politicians and criminals, such as organized crime syndicates, drug cartels, etc, helps to advance their own interests or to gain power and influence.

What are the legal and constitutional tools to deal with the criminalization of politics in India?

• Indian Constitution does not specify what disqualifies a person from contesting elections for the Parliament, Legislative assembly, or any other legislature.
• In the present scenario, under the Representation of Peoples (RP) Act 1951, lawmakers cannot contest elections only after their conviction in a criminal case.
• Section 8 of the act, i.e., disqualification on conviction for certain offenses, according to which an individual punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended.
• The Election Commission of India, under the Representation of the People Act 1951, can remove or reduce the period of a person’s disqualification.

What are the outcomes of criminalization of the Indian political landscape?

The criminalization of politics can have negative effects on democracy and the rule of law. It creates an environment where politicians and political parties engage in corrupt practices and undermines the trust of citizens in the political system. 

• Impediment to Development: Criminalization of politics can act as an impediment to development, as politicians with criminal backgrounds may prioritize their own interests over the welfare of the people.
• Weakening of Democratic Institutions: The presence of criminals in politics can also weaken democratic institutions, as they may try to manipulate the system to their advantage.
• Impact on the Principle of Free and Fair Election: Criminalization of Politics goes against the principles of a free and fair election by limiting the options for voters to choose a deserving candidate.
• Impairing Good Governance : The issue of criminal elements becoming elected officials undermines the democratic process and hampers the delivery of good governance.
• Affecting Integrity of Public Servants: It also leads to increased circulation of black money during and after elections, which in turn increases corruption in society and affects the working of public servants.
• Causes Social Disharmony: It introduces a culture of violence in society and sets a bad precedent for the youth to follow, and reduces people's faith in democracy as a system of governance.
• Erodes Public Trust: Criminalization of politics erodes the public confidence in elected politicians who indulge in criminal activities.

What are the various measures taken to deal with the issue of criminalization of politics in India?

Supreme court  .

• Association for Democratic Reforms v. Union of India (2002): Supreme Court issued an order directing every candidate seeking election to the Parliament or a State Legislature to declare the criminal antecedents, assets, etc.
• Immediate Disqualification of Convicted MPs and MLAs: The Supreme Court, in Lily Thomas case(2013) , held that charge-sheeted Members of Parliament and MLAs, on conviction for offenses, will be immediately disqualified from holding membership of the House without being given three months’ time for appeal, as was the case before. 
• Fast Track Trial: The Supreme Court in March 2014 accepted the recommendations of the Law Commission and passed an order directing that trials against sitting MPs and MLAs must be concluded within a year of charges being framed.
• Public Interest Foundation v. Union of India (2019): In this case, the Supreme Court of India ordered political parties to publish the criminal records of their candidates on their websites, social media handles, and newspapers.

Election Commission of India

• Booth Capturing: In 1989, a provision was made for the adjournment of polls or countermanding elections in case of booth capturing. Booth capturing includes seizure and taking possession of polling stations, threatening and preventing any elector from going to polling stations.
• Prohibition of Arms: Entering into the neighbourhood of a polling station with any kind of arms is considered a cognizable offense.
• Curbing Muscle Power: The ECI has achieved considerable success in containing the role of muscle power through measures such as the effective implementation of the model code of conduct.
• Model Code of Conduct(MCC): The Model Code of Conduct is implemented by the Election Commission, from time to time, by using its constitutional powers under Article 324.
• Affidavits: Mandatory declaration of assets and existing criminal charges in affidavits to the ECI prior to elections has brought in some transparency.

What are the ways to decriminalize Indian politics?

• Strict Legal Provisions like Lifetime Ban: The election commission endorsed the call for a lifetime ban in the apex court. It had argued that such a move would “champion the cause of decriminalization of politics”.
• Proactive Judiciary: Given the reluctance by the political parties to curb the criminalization of politics and its growing detrimental effects on Indian democracy, Indian courts must now seriously consider banning people accused of serious criminal charges from contesting elections.
• Active Citizenry: Voters should also be aware of the potential to misuse funds, gifts, and other incentives during elections.
• State Funding of Elections: Various committees, such as Dinesh Goswami(1990) and Inderjeet Committee(1988), on the electoral reforms, have recommended state funding of elections which will curb the use of black money to a large extent and thereby will have a significant impact on limiting criminalization of politics.
• Strengthening Election Commission: Regulating the affairs of a political party is essential for a cleaner electoral process. Therefore, it is imperative to strengthen the Election Commission of India and ensure its independence.

Previous Year Questions(PYQs)

Q) Consider the following statements: (2020)

• According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.
• According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.

Which of the statements given above is/are correct?

(c) Both 1 and 2

(d) Neither 1 nor 2

Frequently Asked Questions(FAQs)

Q)   is model code of conduct enforceable through law.

No, Model Code of Conduct is not enforceable through any law. However, the Election Commission can take action by using its wide powers under Article 324.

Q) Can a person, who is convicted, contest the elections after completing his/her sentence?

According to Representation of People’s 1951, Individuals punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended. The Election Commission has endorsed multiple times for lifetime ban for the convicted person.

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Criminalization of Politics

Recently, the Indian Supreme Court published some necessary mandates to avert the criminalisation of politics as many lawsuits have been withdrawn against MPs ( Members of Parliament ) and MLAs (Members of Legislative Assembly) in the past. So to curb this, the Apex court in India declared that a criminal lawsuit against a Member of Parliament or Member of Legislative Assembly can get withdrawn merely after obtaining the approval of the State High Court involved.

In another instance, the Supreme Court published a few measures to eliminate the criminalisation from lawmakers. Keep reading the article below to know more about the criminalisation of politics UPSC concepts that can help you better prepare for your upcoming IAS exam.

Learn about major 25 Important Supreme Court Judgements for UPSC and related notes in the linked article.

What do we mean by the criminalisation of politics?

The criminalisation of politics implies the increasing involvement of criminals and individuals with criminal charges in Indian politics. In addition, this term means people coming from criminal backgrounds and becoming politicians and elected delegates.

Furthermore, as per Section 8 of the Indian Representative of People Act, any individual imprisoned for a term of more than 2 years cannot file as a candidate in elections until 6 years of his release from jail. However, due to the prevailing criminalisation of politics in India, this provision is not effective in practical life.

Understanding the Causes of Criminalisation in Politics

The most significant cause of the criminalisation of politics is the profane relationship between bureaucracy and politicians.

This unwanted and destructive connection between bureaucracy and political managers increased the scope of the criminalisation of politics. Religion and caste are both accountable for the criminalisation of politics. Also, in bureaucracy, there are specific approaches and regulations for promotion. However, religion and caste both meddle in this procedure, and in numerous Indian states, less competent people get a chance to serve as public servants and in politics.

Also, refer to the following links:

What are Some Reasons for the Criminalisation of Politics in India?

Here are some of the top reasons for the criminalisation of politics in India.

The political parties have massive expenses for elections and other pursuits to get higher votes and gain power. In addition, a politician’s connection with the constituency delivers a suitable climate to political corruption and criminality.

Corruption further plays a crucial role in fostering the criminalisation of politics. By bribing people from a criminal background, one can corrupt the entire system to gain power and political dominance.

• Lack of governance

In our country, at the time of contesting elections, there is usually a lack of governance. In addition, given this lack of governance, there is usually no true plan, and no one follows proper procedures set for fighting fair elections.

• Narrow Self-interests

Publicising the complete criminal history of election nominees fielded by different political parties may not be reasonable. A significant group of Indian voters tends to vote through a constrained lens of society interests like religion or caste.

What are some Consequences of the Criminalisation of Politics?

Below are some repercussions of the criminalisation of politics.

• The existence of individuals with criminal backgrounds in Indian politics and the nation’s law-making holds adverse consequences on the quality of the country’s democracy.
• Tremendous portions of unlawful funds pour into the electoral cycle due to comprehensive connections with the unlawful underworld.
• The criminalisation of Indian politics holds the effect of restricting the procedure of righteousness and causing further uncertainties in trials.
• Offenders entering Indian politics further boosts crime in public life. It negatively affects the state organisations, including the executive, bureaucracy, legislature, and courts.
• The criminalisation of politics presents a culture of violence in the community and exemplifies the youth.

In a nutshell, the criminalisation of politics and corruption is striking at the origins of democracy. Therefore, it is high time that the Indian Parliament takes measures urgently to restrain this risk.

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Frequently Asked Questions on Criminalization of Politics

What do we mean by the criminalisation of politics in india.

The criminalisation of politics in India is the increased involvement of criminals and individuals with criminal charges entering politics.

How do I study the topic of criminalisation of politics?

You can refer to the points above and go through detailed online notes to clear your concepts for this topic.

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The Concept of Criminalization of Politics in India

Manupatra Articles, Forthcoming

21 Pages Posted: 8 Jun 2020

Sriya Shubhalaxmi Mishra

National University of Study and Research in Law (NUSRL)

Date Written: November 12, 2019

The Indian democracy is one of the largest in the world yet the internal political system is infested with some of the very crude problem that other counties of the world have long overcome. It is very important that democracy forms the basic structure of the society. Effort must be made to make society democratic. Democracy should be the value system of Indian citizens. The responsibility of survival of democracy can’t be shifted on the state institutions alone. The citizens have an equal part to play in the healthy functioning of the democracy. Hence, there is no doubt that electoral reforms are the need of the hour in order to attain sustainable democratic India. The objective of electoral reforms is the distillation of General Will. There must be no place for the criminals in the sacred electoral process of obtaining General Will. Electoral system should be able to attract the best talent in the country. Elections should not be seen as mere rituals but the pathways of democracy. Honesty shouldn’t be a disincentive but instead a reward in the electoral system. For a true decriminalization of politics, the instant need is to abolish the patronage to criminals which is often given by politicians and political parties. A strong political will is required on the part of government to decriminalize the entire political system by taking stringent measures as well as by enactment of required legislation. Supreme Court has also held that free and fair elections are a part of the basic structure of the Constitution. There is an urgent need to break the criminal-political nexus. Unless some decisive action is taken soon, the public will lose all faith in politics, politicians and democracy itself. This will do irreparable damage to our republic. Decisions with regard to electoral reforms should be strictly followed. There is need for legislation to regulate party funds, distribution and expenditure during non- election and election times. Maintenance, audit and publication of regular accounts by the political parties should be available for open inspection. There is also a need of setting up special courts for trying the cases of criminalization of politics. Keeping in view the ever deteriorating standards of politics, it would be more desirable to try all cases of politicians by special courts. It will help maintain sanctity and purity of elections. This composition strives to highlight the problems that persist in the Indian Democracy with respect to politics and what has been done till now to curb the same. Some suggestions and solutions have also been put forward towards minimizing the problems that have cropped up in recent times.

Keywords: Indian Democracy, Politics, Government, Elections, Politicians, Criminalization

JEL Classification: K19, K10

Suggested Citation: Suggested Citation

Sriya Shubhalaxmi Mishra (Contact Author)

National university of study and research in law (nusrl) ( email ).

AT- Nagri, P.O.- Bukru, Kanke-Pithoria Road Kanke Ranchi, Jharkhand 834006 India

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Back to Faculty Bibliography

Alan Dershowitz , Trumped Up: How Criminalization of Political Differences Endangers Democracy (2017).

Abstract: In our current age of hyper-partisan politics, nearly everyone takes sides. This is especially true with regard to the Trump presidency. It has become difficult to have a reasonable discussion about the most controversial president in our recent history. For Trump zealots, their president has not only committed no crimes, he has done nothing wrong. For anti-Trump zealots, nothing Trump has done—even in foreign policy—is good. Everything he has done is wrong, and since it is wrong, it must necessarily be criminal. This deeply undemocratic fallacy—that political sins must be investigated and prosecuted as criminal—is an exceedingly dangerous trend. Hardening positions on both sides has been manifested by increasing demands to criminalize political differences. Both sides scream “lock ‘em up” instead of making substantive criticisms of opposing views. The real fear, as Alan Dershowitz argues, in this compelling collection, is that we have weakened our national commitment to civil liberties as the Left becomes ever more intolerant and the Right slips into authoritarian rhetoric. The vibrant center is weakening, with traditional liberalism and conservatism becoming further apart, not just in approach, but in their respect for Constitutional norms that have served us well for more than two centuries. While Donald Trump is not the only cause of this profound division, his election drew it to the surface and made it the dominant paradigm of political debate. Unless we as a nation begin to focus again on what unites us rather than on what divides us, America might not survive the next decade.

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Criminalization of politics: nature, causes and recent developments.

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Criminalization of Politics: Nature, Causes and Recent Developments!

Definition and Nature:

At present we very often come across the words criminalisation of politics. The meaning of the term is quite known to educated people and newspaper readers. For academic purposes a definition is to be given here. When politics or political power is used by self-interest-seeking persons for pecuniary gains or various other advantages such as to get special position in administration or to rise to the higher stage of administration which is normally not feasible.

So criminalisation of politics means to use politics or political power for nefarious gains. To gain something not legal or normal has been called crime. Here the word crime is used in politics in special sense. For example an officer in administration wants to be promoted to higher post. But this is not his due.He uses politics or political power to achieve this. The person succeeds. But the matter does not stop here. The person who helped to get undue privilege will again use this person tor the achievement of his purposes which are, in normal course, not due. This is the policy of give-and-take and this happens behind the curtain.

Hence we find that political power has been or is being used by some persons for the attainment of undue privileges and when this is rampant in the arena of politics we generally call it criminalisation of politics. To get undue favour through the use of political power is a crime. The term crime means an action which constitutes a serious offence against an individual or the state and is punishable by law. Hence gaining something by the use of political power is a crime and is also punishable.

The use of politics or political power is not something new. Even in ancient Greece politics was used by people for personal gains or for rising to a higher stage of power. The misuse or abuse of political power greatly pained Greek philosopher Plato (BC 427-347). That is why he thought of a philosopher-king and introduction of communism in property and family.

He meant that the members of the administrative class will have no private property and family. Plato’s argument was-these two will divert the attention of the members of the ruling class and will corrupt them. He also thought that if the king is a philosopher he will feel no personal attachment to property and wealth. Plato built up this model for the construction of his ideal state. Our point is the mismanagement of the contemporary city-states which were democratic pained him.

Rousseau (1712-1778) was a great admirer of democracy, but he was quite apprehensive of its real existence. He thought that people are corrupt and this will lead to the fall of democracy. That is why we find him saying: were there a people of gods, their government would be democratic. So perfect a form of government is not for men.

Even in Rousseau’s time there were great inequalities of property and wealth. Some people earned property and built up wealth through unfair means and this created un-equalities in wealth and power. So wealth was used to get patronage in political arena and political power was also used to get wealthy.

Causes of Criminalisation of Politics:

The most important cause of criminalisation of politics is the unholy nexus between politicians and bureaucracy. Ramchandra Guha (India after Gandhi) says, “In Jawaharlal Nehru’s time the civil service was shielded from politics, transfers, promotions and the like were decided within the executive branch itself. From the 1970s, however, individual bureaucrats came increasingly to ally with individual politicians or political parties. When the party they allied with was in power, they get the best postings. In return, they energetically implemented the partisan agenda of the politicians”.

This undesirable and dangerous relationship between bureaucracy and political leaders opened the door of criminalisation of politics. The great founders of Indian nation-state thought of an independent bureaucracy. But within two decades of freedom their hope and dream shattered. Both came to an understanding to help each other and this led to the criminalisation of politics.

The interference of politicians in the administration may be regarded as another reason of criminalisation of politics. Guha’s says, “In a letter to the prime minister, the retired civil servant M. N. Buch has highlighted the consequences of this politicisation of the administration. The way the government is now run means that the disciplinary hierarchy of the civil services has completely broken down. A subordinate who does not measure up and pulled up by his superior knows that he can approach a politician, escape the consequences for his own misdeeds and cause the harm to his superior”

In the 1970s this started in embryonic form and today this has assumed an epidemic. Most of the politicians of modern India interfere with administration in one form or another. The civil servants are becoming more and more corrupt, so also the politicians. The net result is politics is, ultimately, criminalised.

Caste and religion both are equally responsible for the criminalisation of politics. In bureaucracy there are certain fixed procedures and rules in the promotion. But caste and religion both interfere in this process. Less qualified and inefficient civil servants get promotion. The quota system is fully responsible. It has been found that a minister of a particular caste or religion will distribute favour to the members of his own caste and religion. In many states of India this is found.

The system of party government is also responsible for the criminalisation of politics. On the eve of general election the leaders of the party give promises to the electorate. The purpose is to win the election. If the party luckily comes to power, the members of the ruling party try to implement the promises. The dark side of this situation is the party in power does not consider the feasibility and rationality of the action or promises unreasonable and impractical ways and techniques are adopted. This is a cause of criminalisation of politics.

In post-independent India strong public opinion against corrupt practices has not developed. Each person knows that that system or practice is corrupt. But there is nobody to protest against it. Rather, he thinks that this is the system and he accepts it. This tendency has finally opened the door of the criminalisation of politics. But if anybody objects to the corrupt practice he is either penalised or deprived of his due.

Un-development, illiteracy, poverty and prismatic nature of Indian social system are collectively responsible for the criminalisation of politics. The shrewd and self-interest-seeking politicians —in collaboration with corrupt civil servants — adopt various types of unfair means to satisfy their greediness and ill-motives. The Indian society is in transition. From various sources the government of India is getting funds for development.

The government also spends huge amount of money through Five Year Plans. A large amount of money is laundered by politician and bureaucrats. There is a close alliance between the two and this has led to the worst type of criminalisation of politics.

We again remember Plato. He thought that for an ideal state the citizens must be deal and tor that purpose he thought establishing values, morality and idealism in the society. We have forgotten Plato and also the importance of values morality, ethics etc. This has downgraded the importance of moral values, ethics honesty etc.

People generally think of immediate pecuniary gains and give top priority to all these. We, therefore, think that decline of general values has led to the criminalisation of politics. The ghost of Machiavelli has returned. But people have forgot that Machiavelli’s suggestion was made in the background of the pitiable condition of Italy.

In the election of 2005 investigation about the criminal activities of candidates contesting- the election was made and the survey reveals the following figures:

Many political parties of India fielded candidates who had criminal cases against them. Some of these candidates also won in elections. Two points may be made here. One is—the parties fielded the candidates who had criminal background. It means that the parties do not give due importance to this black spot.

The simple implication is that the criminal activities of candidates are not important. The other is that the voters have helped these candidates to win. While exercising franchise it is the duty of the voters to take information about the candidates. We, therefore, conclude that both voters and parties are equally responsible for the criminalisation of politics.

Corruption and crime both have engulfed our MPs. They raise questions in parliament in exchange of money. A few years ago our parliament was in storm on this issue.

Here a part of a newspaper reporting:

“A TV sting operation caught 11 MPs. 6 MPs from BJP, 3 MPs from BSP, one RJD MP and one Congress MR All of them took bribe as ranging from Rs. 15,000 to Rs. 1,10,000 for raising question in parliament. The law-makers were taking paltry amount to subvert the country’s highest democratic institution. The MPs asked questions in Parliament for cash” — Times of India, Kolkata edition, 13.12.2005.

It is a disgrace on the part of the members of the highest democratic institution of our country. This is really a disgrace on the part of the members of parliament. These MPs are law-makers and these laws are implemented to make society crime-free. But the law-makers are themselves parts of criminal activities.

Indian bureaucracy is also highly corrupted. From, the reports published in newspapers we come to know that the top bureaucrats build up fortune of crores of rupees within the first few years of their service. From various sources they get money. The businessmen give bribe to get out-of-the-way benefit. Ordinary people also give bribe to the officers to get quick service. Behind all sorts of corruption there is politics. We can say politics has criminalised everything and the administration tops the list. When both politics and administration are corrupt nothing can remain outside it.

Recent Development in Criminalisation of Politics :

Persons can’t fight from Jail :

The apex court of India in a judgment on July 11, 2013 declared that persons in jail or police custody cannot contest elections to legislative bodies. The order was passed by the Supreme Court along with the landmark verdict that MPs, MLAs and MLCs would be disqualified the day they were convicted. This double whammy against the criminals in Indian legislatures is expected to go a long way in cleaning up politics.

The Supreme Court bench of Justices A. K. Patnayak and S. j. Mukhopadhyaya ruled only an elector can contest the polls and he/she forfeits the right to vote during imprisonment or in police custody. The court based its order on provisions of the Representation of People’s Act. Sections 4 and 5 of the Act lay down that in order to be elected to parliament or state legislatures one must be an elector.

The bench also referred to Section 62(5) of the Act. which says no person shall vote at any election if he is confined in a prison whether under a sentence of imprisonment or transportation or otherwise or in a lawful custody of the police. The apex court also took notice of the fact that crimes in politic have risen from 128 to 162 between 2004 and 2009.

The Supreme Court on Wednesday (10.07.13) struck down a provision in the electoral law that protects the convicted law-maker from disqualification on the ground of pendency of appeal in the higher courts. The highest court also made it clear that MPs, MLAs and MLCs will stand disqualified on the date of conviction. The Court said parliament had exceeded its powers by enacting the provision Section 8(4) of the Representation of People’s Act that gives a convicted law-maker the power to remain in office on the ground that appeals have been filed and decision is pending. But the bench of Justices A. K Patnaik and S.J. Mukhopadhayay, in its 41 page ruling, clarified that convicted law-makers, whose appeals were pending prior to their verdict, were saved as it would come into effect prospectively.

The following figures show the miserable condition of criminalisation of politics in India. The two NGOs have collected information. They are Association for Democratic Rights (ADR) and National Election Watch (NEW). Our Lok Sabha has 543 members out of this 30% or 162 members have criminal cases against them. 14% members of the Lok Sabha have serious criminal cases against them. The total number of all state Legislatures in 4032. Out of this 1258 members have criminal cases against them. It is 31% of the total number.

Again 14% have serious criminal cases against them. The 2009 Lok Sabha had 450 tainted faces out of 543 members. These figures show beyond any shadow of doubt that large numbers of our law-makers have tainted faces. These tainted law-makers are engaged in making law to make society free from corruption and all sorts of criminal activities.

The study of ADR and NEW also shows that almost all the national parties are indirectly encouraging or supporting criminal activities of their members or law-makers. Behind this both money and muscle power is directly involved According to ADR and National Election watch (NEW) the criminal activities of the members of national parties are really beyond imagination. More pathetic condition is the national and regional parties are absolutely indifferent. Not only members of the legislatures are tainted, the ministers fall in the same category. The Chief Minister of constituent state is convicted on the ground of embezzlement of public money and other charges.

The judgment of the Supreme Court has thrown both national and regional parties into bewilderment. Behind the criminalisation of politics there are muscle power and money power and these two powers are primarily responsible for all sorts of criminal activities of politicians. If the judgment of the highest Court is implemented most of the parties will face severe crisis-crisis of existence.

The purpose of the Supreme court is to free Indian politics from crimes and the recent judgment aims at this. The Election Commission for pretty long time has been demanding the amendment of Representation of People’s Act. After the judgment of the Supreme court the stand of the Election Commission will be strengthened.

Regulatory Commission:

The Independent Regulatory Commission is an important weapon at the hands of the administration to control the economic and other activities of the various service providers. The system of constituting Independent Regulatory Commis­sion was first introduced in USA. The chief aim was to control the private enterprises which provide all sorts of public utility services.

The private organisations also control major parts and aspects of both state and federal administration. In fact in USA, the federal government plays minimum role in administrative system and in providing various services. Because of this the American government felt the necessity of regulating the activities of the private organisations that provide services. In India there are also Independent Regula­tory Commissions. In recent years the necessity of setting up of such commissions has increased several times.

The reasons are:

(1) Since India is a welfare and socialism-biased state its role in providing various types of services for the general welfare of people has enormously increased. On proper and regular investigation it has been found that there is a gap between the aims of service providers and the persons getting services. It means that the aims of the authority which provides service remain unful­filled-at least substantially. This is undesirable. In order to locate the faults and the responsibility of persons or authority the necessity of setting up of regulatory commission was felt.

(2) Indian administrative system more or less belongs to the Open Model of public administration because outside factors are influencing administration and policy-making activities of the government. It is unavoidable. How the outside influences or openness of environment are regulating the manner of people is to be ascertained.

The authority must know how the outside influences are creating problems or crises for the people. For that purpose the setting up of regulatory commission was felt. India as a part of the world system cannot stay outside It. Naturally outside forces must influence India’s economy, politics, social system and administration. The regulatory commission will enable the state authority to have a clear knowledge of the prevailing situation.

(3) In the economic system of India the private economy and enterprise have crucial and important role. In India there is a system of private property. It is the duty of administration-both central and state-to see that the private economy and private property system are working and if they are adversely affecting the interests of the citizens. Particularly for the purpose the necessity of regulatory commission has been felt.

(4) The industrialisation, urbanisation and at the same time, the unprec­edented growth of social mobility very often create problems for ordinary citizens and sometimes make them helpless. These also create problems for administra­tion. It is the duty of a responsible government, with the aim of ensuring welfare, to see that the citizens are not deprived of their legitimate due and other privileges. This has led to the setting up of regulatory commissions.

(5) In USA the regulatory commission is a normal feature of public admin­istration. There is a market economy. The economic issues are determined by the market forces. On experience it has been found that this may invite onslaught on the basic interests of citizens. As it happened during the Great Depression of 1930s.

The government was forced to interfere with the market forces. In India the national economy and property system are considerably regulated by the acts and laws of the central government. In spite of this there is ample scope of private economy to act independently. In this situation there has arisen the necessity of regulatory commission and the administrative system of India has done that job.

(6) One important feature of market economy is that the profit motive of the entrepreneurs is extremely active and this motive neglects the interests of the consumers. Naturally it is expected that the government must have enough control over the activities of private enterprises. If this does not happen the basic interests of the ordinary citizens will be affected.

(7) The developmental process of India is in transition. Many people call India a prismatic society. Social and economic situations are rapidly changing. A major part of the population is vulnerable to all these vicissitudes. Since the citizens are not capable to fight this situation a regulatory system is badly needed. Moreover, the self-interest-seeking persons may exploit the situation. And, gener­ally, this happens. For this reason it is the duty of the government to have precautionary measures so that the life, liberty and property of citizens remain safe.

(8) Finally, with the rise of industrial development and general progress of society, the citizens will face more and more problems and the scope of insecurity will be on the rise. A responsible government with people’s mandate to govern cannot remain a helpless out-looker when the citizens are facing problems.

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All you need to know about criminalization of politics

This article is written by Surbhi Jindal , a law student at Dr. B.R. Ambedkar National Law University, Haryana. Through this article, she has discussed the concept of criminalization of politics in the Indian context exhaustively.

It has been published by Rachit Garg.

Table of Contents

Introduction 

India gained independence from British Rule in 1947, but a question to ponder over: Is India still an independent nation? It is still being governed by the people who are holding criminal charges against them. Do you think that the country of India will progress in such a way? 

India is a democratic country, with a parliamentary system of democracy, which means that the country is governed by elected representatives. It has many political parties and elections are held every five years. The scope and interest in joining politics are increasing day by day but with this, the percentage of criminal participation has also increased. 

Even the Hon’ble Supreme Court of India, from time to time, has expressed its anguish over the matter of increasing criminalization of politics in the Indian scenario. 

Justice Rohinton Fali Nariman stated that the Supreme Court is bound by the constitutional principle and doctrine of separation of powers. Hence, it cannot make laws and regulations on this matter. Parliament can make laws, but the question arises when India’s Parliament will take steps to clean up Indian politics? Will it ever take action?

The objective of this article is to analyze the causes and impact of the criminalization of politics in India exhaustively. Furthermore, it also discusses how we can take steps to cleanse our Indian politics to make India a better nation.

Let us understand the issue of criminalization of politics that is growing day by day in India. But before we move forward, let us see why many criminals are interested in joining politics in India? What is the reason behind it?

Why are criminals joining politics in India

Criminals are joining politics in India for a variety of reasons. The first reason is that crime pays. Getting into the legitimate sphere of politics is a way to legitimize one’s gains from crime and power their finances further.

The second reason is the lack of opportunities in other fields. In some cases, criminals have been pushed out of their traditional fields due to economic liberalisation and changing labour markets, and so they see politics as an opportunity to make a living without breaking any laws.

The third reason why criminals join politics is that they tend to be more highly motivated than other politicians and thus more likely to deliver on electoral promises, such as providing employment or development projects which can improve people’s lives.

Defining the concept of criminalization of politics

Criminalization is defined as an act when an activity is turned from being legal to illegal. It is the making of actions committed by individuals illegal by any judicial decision or law, and turning the individuals committing those acts into criminals. Criminalization of politics is defined as the situation when criminals participate in the politics of the government, i.e., contest elections and get elected to the Parliament and state legislatures.

This growing menace has impacted our society so rapidly that principle concepts of democracy like the rule of law, fundamental rights, free and fair elections, accountability, and credibility have turned into a just dream and lost their credibility in the real world.

India is one of the world’s largest democratic countries. Elections should be conducted in a free and fair manner, and they must attract the country’s best talent.

The idea of democracy is always based on the will of the people. The intention of the people must always conform to the rule of law. But the choice of people has been undermined by the existence of money and muscle power, which largely affects politics.

Criminals should have no place in the sacred electoral process and therefore, it is important to curb this criminalization in politics.

Statistical analysis of criminalization of politics

The menace of criminalization of politics is gradually degrading the spirit of our Indian democracy. India claims to be the world’s largest democracy, but it cannot be called a democracy of ideal representatives.

Abraham Lincoln, in his Gettysburg address on November 19, 1863, defined democracy. He said, “Democracy is the government of the people, by the people and for the people.” But now, democracy is only seen in the books. In such a situation, how can the welfare of society prevail?

As per the Association for Democratic Reforms (ADR), the chances of winning by people facing criminal charges are more than for innocent and clean-handed people. ADR is an organization that has been working continuously to bring electoral and political reforms since 1999. Let us look at the statistical data of the past three elections.

As per the above data, during every election, a consistent increase in criminals participating in the elections process can be seen. In the year 2009, 30% of MPs in Lok Sabha were against criminal charges. In 2014, 34% of MPs in the Lok Sabha faced criminal charges. The percentage was extremely high in the last Lok Sabha elections. 43% of the members in Lok Sabha were facing criminal charges and 29 % had charges of committing serious crimes.

Such a bad condition of a democratic country disheartens. People vote out of fear. Goondas and Mafias are forcing them to give votes to a particular party. Political parties in order to fulfill their political agendas give them some promises in the form of benefits which are forgotten as soon as the election process is over. Goondas and Mafias have always been a part of the electoral process since the birth of Indian democracy.

The recent report on ‘Analysis of Criminal, Financial, and Other background details of Union Council of Ministers, Post Cabinet Expansion on July 7, 2021″ by National Election Watch (NEW) and Association for democratic reforms (ADR) analyses the latest affidavits by 78 ministers including Hon’ble Prime Minister from 2019 Lok Sabha, present Rajya Sabha, and Assembly elections. The criminal background in the recent cabinet is summarized here as follows:

• Out of 78 ministers, 33 (42%) ministers have declared criminal cases against them.
• 24 (31%) ministers have reported serious criminal cases against them, such as rape, murder, robbery, etc.
• Four ministers have cases against them related to Section 307 of the Indian Penal Code, 1860 .
• Five ministers have cases against them related to promoting communal disharmony.
• Five ministers have declared cases of electoral violations against them.

Furthermore, ADR also stated in his report that the proportion of Union ministers who have declared criminal cases against them has risen by 3%.

Causes of criminalization of politics

Muscle power .

The scenario is changing today more often. Now, the criminals are taking the reins of power into their hands. During elections, it is seen that politicians deliver eloquent speeches expressing their hatred towards crime and promising to eliminate corruption in the country. They lay stress on eliminating the use of muscle power in politics. But this is hardly implemented.

Imagine that the person himself charged with a crime is giving himself a long and beautiful speech at elections for eliminating crime in an area. How ironic is it? First Past the Post system, also known as the simple majority system, works on the principle that a maximum number of votes implies winning a candidate.

An ideology that works behind adopting the method of muscle power is that if one party cannot secure faith in society, then fear and violence may aid them in the same. When there is a nexus between political parties and criminals, the most dangerous elements in society take birth.

Money power

Besides muscle power, black money and funds from the mafia are also significant causes of criminalization in politics. In this context, K.C. Suri believes that since ancient times, the use of money and muscle power by political elites to win elections has been completely wrong. “Large individual politicians, not just political elite, are having a nexus with criminals and this has further channelized social fissure as one of the formidable factors to get through elections.”  

Money accumulated through unlawful acts also acts as one of the primary reasons for increasing criminalization in politics. This amount of money becomes an easy way to buy voters and win elections. The political parties easily buy the majority of voters. It will also provide a breeding ground for another menace called uncontrolled corruption. 

Corruption is also one of the major causes of the criminalization of politics. The majority of candidates contesting elections require money, funds, and donations. It is pertinent to note that corruption directly gives rise to contempt of the law. There is a direct relationship between contempt of law, criminalization of politics, and sin. When contempt of law combines with the criminalization of politics, it gives birth to flourishing corruption.

Growing corruption ultimately leads to the criminalization of politics. Corruption has crept into almost every corner of the Indian political system.

Divisions in the Indian political system

The Indian political system is based on divisions in which our Indian society exists. Criminals take advantage of this division and enter the arena of politics. They smartly portray them as the protector of the respective class, caste, religion, and community. In general, while choosing a candidate, hardly the criminal background of a candidate is scrutinized. People tend to vote based on the candidates’ caste, ethnicity, religion, community, and linguistic lineage.

No retirement policy in Indian politics

The other major problem lies in the retirement policy in Indian politics. There is no retirement policy for Lok Sabha members, and hence some members never retire. The issue of family fiefdom seriously jeopardizes the careers of budding politicians and lawyers. The slow working and high rate of pending cases further aggravate the problem of the criminalization of politics.

Impact of criminalization of politics

When lawbreakers get elected as lawmakers, it seems impossible for a country to head towards the path of progress. The working efficiency of Parliament while making laws is reduced, and the effectiveness of administration gets hampered. As a result, the general public loses credibility in the functioning of Parliament.

Patronage by politicians and the adjournment culture further aid in preventing speedy trials against criminals. Corruption levels increase, and it weakens state institutions such as the legislature, bureaucracy, and judiciary. It sets a bad example against the youth and gives support to the violence prevailing in society.

Political standards are continuously going down. The reason is the criminalization of politics in Indian democracy. Politics has lost its earlier identity of members serving society selflessly. It more often presently attracts persons with criminal backgrounds having own- pursuit interests.

It is the country that has to suffer. There has been enough stress laid on the shoulders of lawmakers to come up with the amendments in law but to date, the situation remains the same. 

Role of judiciary in controlling criminalization of politics

From time to time, the Honorable Supreme Court has taken steps to curb India’s increasing criminalization of politics. Various judgments, views, and decisions have been put forward in this regard. But despite this, nothing significant has happened. The Apex Court rightly pointed out in its statement and most of us would indefinitely agree to the statement:

“No one can deny that the menace of criminalization in the Indian political system is growing day by day. Also, no one can deny that for maintaining the purity of the political system, persons with criminal antecedents and who are involved in the criminalization of the political system should not be permitted to be lawmakers.”

In August 2021, the bench of Justices Rohinton Fali Nariman and B.R. Gavai from the Hon’ble Supreme Court expressed their anguish over the criminalization of politics. The Hon’ble Court observed the following:

“The political parties refuse to wake up from deep slumber. Cleansing the polluted stream of politics is obviously not one of the immediate pressing concerns of the legislative branch of government.”

The Supreme Court ordered the political parties in its February 2020 contempt petition to comply with its judgment of Public Interest Foundation and Ors. vs. Union of India and Anr. (2018) . However, the orders of the decision were not followed by the various political parties. The court observed that the Bharatiya Janata Party (BJP), the Janata Dal (United), the Rashtriya Janata Dal (RJD), and the Congress were guilty of contempt because they did not comply with the orders of the Hon’ble Supreme Court. It imposed a fine of 1 lakh for not disclosing the complete details of criminal antecedents of candidates in the Bihar elections in 2020. Apart from this, the Communist Party of India and the National Congress Party were asked to deposit five lakhs each because they did not comply with the orders of the Hon’ble Supreme Court at all.

The present August 2021 contempt petition was filed by Advocate Brajesh Singh, who alleged that the various political parties did not obey the court’s orders during the Bihar assembly elections in 2020. After taking the contentions and arguments put forward, the Bench noted that most political parties have either not given full disclosure or have not followed the format it was to be delivered.

In its latest judgment, the following were the orders and amendments made by the bench in its previous ruling in the year 2020:

• ECI has been directed to create a mobile application that contains all the information about the criminal antecedents of the candidates so that the general public can have access to information conveniently.
• ECI has been directed to create a separate monitoring cell for checking whether the parties are complying with the court’s order or not. It has also referred them to bring such instances of the breach to the knowledge of the court. 
• The Hon’ble Supreme Court directed the political parties to set up a new tab on their homepage of websites named ‘candidates with criminal antecedents’ to make it easier for voters to know more information. 
• The court has modified its earlier order of February 2020, directing parties to publish details within 48 hours of selection and not two weeks before nomination.
• It also observed that a unique bench at the Supreme Court might be formed to monitor the cases involving accused MPs and MLAs.  

Further, the issue was taken into cognizance mainly of two separate cases of criminalization in Indian politics. 

• Cases against the politicians: The Hon’ble Supreme Court observed that the state governments could not withdraw the cases against legislators without the permission of respective state high courts.
• Parties punished: Nine parties were held guilty of contempt for not disclosing complete details in Bihar 2020 elections. Further, eight of them were also fined with heavy penalties.

In 1997 , high courts were directed by the Honorable Supreme Court not to suspend the conviction if that person is found convicted under the Prevention of Corruption Act, 1988 .

In the case of Ramesh Dalal vs. Union of India (2005 ), the Hon’ble Supreme Court pronounced that a sitting member of Parliament and a member of the state legislature can also be disqualified from contesting elections if he is convicted for not less than two years for imprisonment by the court of law.

Furthermore, it was observed in K Prabhakaran vs. P Jayarajan (2005) that, “those who break the law should not make the law. Generally speaking, the purpose sought to be achieved by enacting disqualification on conviction for certain offences is to prevent persons with criminal backgrounds from entering politics and the house – a powerful wing of governance. Persons with a criminal background do pollute the process of election as they do not have many holds barred and have no reservation from indulging in criminality to win success at an election” .

Public Interest Litigation(PIL) was filed in the Supreme Court in 2011 , seeking to issue guidelines and lay framework to be followed to curb the menace of criminalization of politics and debar those charged with a crime from contesting elections.

Section 8(4) of the Representation of the People Act, 1951 provided a respite to a member of Parliament or a member of the legislative assembly/legislative council. If the convicted member filed an appeal within three months, then that application was accepted by the Hon’ble Supreme Court. This implied that the member could continue his membership of the concerned legislature until the court disposed of the application. The court struck down this provision in the case of Lily Thomas vs. Union of India (2013) . At present, a member of Parliament or member of state legislature stands disqualified if they are convicted of an offence provided in Section 8(1) or 8(2) of the Representation of People Act, 1951. Also, a person remains disqualified from holding a seat after six years of release. Section 8(4) was held unconstitutional since Parliament’s work is to make disqualification laws and not secure the seats for membership.

The Hon’ble Supreme Court held in People’s Union for Civil Liberties vs. Union of India (2018) that the voter has the fundamental right under Article 19(1)(a) of the Indian Constitution to know about the candidates who are contesting the election.

In the year 2020, the Hon’ble Supreme Court reiterated its 2018 order. The main aim is to discourage candidates with criminal backgrounds from contesting elections. Political parties should explain why they have chosen a candidate with a criminal background. The candidate selection must be based on merit, not on winnability, the Supreme Court observed. The information must be published on social media platforms, local and national newspapers, and the website. The same information needs to be submitted to the election commission within 72 hours after declaring the candidate’s name. A compliance report must be filed with the Election Commission or should be ready to face contempt action. It is an undeniable fact that electoral and judicial reforms are the need of the hour.

The way forward

It is an undeniable fact that criminals should not be allowed to contest elections at any cost. They pollute the true spirit of democracy. But what if the person has only been accused? Should it only be based on an accusation, be barred from contesting elections? The answer is no. Our criminal justice system works on the legal principle of ‘innocent until proven guilty’. Every innocent man has the right to contest elections. Then what is the way ahead?

In 2017, the Supreme Court ordered special fast-track courts for such matters. The ultimate advantage would be that since the cases will be decided at the earliest and hence, it could be clear whether that person can contest elections or not.

There is also a need for amendment in the Representation of People Act, 1951. Section 7 to 11 of this Act discusses a person who can contest elections. The provisions need to be revisited to pass the test of time and changed social circumstances.

Committees such as the Vohra Committee and Dinesh Goswami Committee have also given various recommendations. These recommendations must be taken into account as soon as possible. Electoral reforms and judicial reforms are the need of the hour. But it is important to note that it is not only the state’s duty but also of citizens to contribute to maintaining the true spirit of democracy.

Through the above facts and analysis, it can be observed that the corrupt practices of political parties have steadily increased. Various methods have been employed by the political parties to win elections. From time to time, the Hon’ble Supreme Court, Election Commission of India, and Parliament have taken steps to curb this menace, but nothing substantial has been achieved so far.

Stringent laws should be passed, and assistance should be given to constitutional institutions such as the Election Commission of India. It should be given the power to audit the financial accounts of political parties. The other way is to bring the financing of political parties under the ambit of Right to Information (RTI). The problem is a lack of political will, which needs to be addressed by politicians at the earliest. Deeper systematic reforms are required at the earliest.

Our judiciary is indeed taking steps and trying its best to cope with the increasing criminalization of politics. But now, the onus shifts on the Parliament since it has been granted powers under our Constitution to adjudicate on the law-making powers. It’s time for India to become truly an independent and progressive nation.

• https://timesofindia.indiatimes.com/readersblog/hail-to-feminism/criminalisation-of-politics-24324
• https://www.thehindu.com/opinion/lead/criminality-in-the-indian-political-system/article5372634.ece
• https://www.hindustantimes.com/india-news/nation-losing-patience-sc-on-criminalisation-of-politics-101628620583327.html
• https://indianexpress.com/article/opinion/columns/criminalisation-of-politics-must-be-curbed-7451116/

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Criminalization of Politics, Meaning, Causes, Effects and Consequences

Criminalization of Politics implies the increasing involvement of criminals and individuals with criminal charges in Indian politics. Criminalization of Politics for UPSC Exam.

Table of Contents

Criminalization of Politics

Criminalization of Politics is an important topic for UPSC exams, especially in the context of Indian politics. Here are some key points that you can include in your UPSC notes regarding the criminalization of politics. Criminalization of politics refers to the increasing involvement of individuals with criminal backgrounds or charges in the political process, including running for political office or holding positions of power within political parties.

The Criminalization of Politics is an important part of Indian Polity which is an important subject in UPSC Syllabus . Students can also go for UPSC Mock Test to get more accuracy in their preparations.

Criminalization of Politics Meaning

Politics in India is becoming more and more criminalized, which suggests a rise in the number of criminals and those facing criminal accusations. Additionally, this phrase refers to those with criminal histories who go on to become elected officials and delegates.

A person who has served a sentence of more than two years in prison is also ineligible to run for office until six years have passed since their release, according to Section 8 of the Indian Representative of People Act. However, this clause is ineffective in real life because of the ongoing criminalization of politics in India.

Criminalization of Politics Causes

Several laws and court rulings haven’t really helped because they aren’t being enforced.  The disclosure of a candidate’s whole criminal background by a political party may not be very successful because many voters choose to cast their ballots based only on caste or religious considerations. In large part because of their capacity to finance their own elections and contribute significant resources to their respective parties, candidates with serious records appear to perform well despite their public perception. In some cases, voters are also without choices because every candidate running for office has a criminal background.

Criminalization of Politics Effects

Criminalizing politics reduces the number of viable candidates that people can choose from. It goes against the democratic ideal of free and fair elections, which is its cornerstone.  The main issue is that lawbreakers end up making the laws, which undermines the democratic process’ ability to provide effective government. These unwholesome democratic tendencies portray an unfavorable picture of the state institutions of India and the caliber of its elected officials.

Additionally, it causes a rise in the flow of illicit funds both before and after elections, which worsens social corruption and impairs the performance of public employees. It fosters a culture of violence in society, creates a poor example for young people to follow, and erodes public confidence in democracy as a form of government.

Criminalization of Politics Consequences

The quality of India’s democracy is negatively impacted by the presence of people with criminal histories in the country’s politics and legal system. Due to extensive ties to the illegal underworld, huge sums of illegal money are funnelled into the political process.

The criminalization of politics has the consequence of limiting the legal process and increasing trial uncertainty. Criminals entering Indian politics increase crime in daily life. The executive, bureaucracy, legislature, and judiciary are among the state institutions that are badly impacted. Politics being made illegal displays a violent culture in the neighbourhood and is an example of young people.

Criminalization of Politics Measures to Curb

It is necessary to change Section 125A of the Representation of Peoples Act to increase the minimum sentence for falsifying or omitting information in Form 26 in accordance with the Conduct of Election Rules, 1961 to a minimum of two years in prison. All individuals with ongoing criminal charges that are punishable by a term of more than five years will be disqualified with the retroactive application, subject to appropriate safeguards.

According to section 125A, submitting a false affidavit carries a two-year sentence. Disqualification should be made possible in the event of a conviction under this. Providing that charges be filed six months prior to the election, the 2nd Administrative Reforms Commission suggested amending Section 8 of the Representation of People Act, 1951 to bar candidates who are accused of severe crimes or corruption from running. Making campaign finance more transparent will make it less appealing for political parties to work with gangsters.

Criminalization of Politics Initiatives and Reforms

Strengthening existing laws related to the criminalization of politics, expediting the resolution of criminal cases against politicians, and ensuring stricter eligibility criteria for candidates. Electoral reform like Encouraging inner-party democracy, transparent candidate selection processes, and stringent mechanisms to prevent the nomination of candidates with criminal backgrounds is needed. Promoting citizen engagement and voter education, encouraging voters to make informed choices and support clean and ethical candidates.

Criminalization of Politics and Role of the Judiciary

Highlight the significant role played by the Supreme Court in addressing the issue of criminalization in politics, including directives such as the disclosure of criminal records, barring individuals with criminal charges from contesting elections, and decriminalization efforts.

Criminalization of Politics UPSC

The criminalization of politics poses a grave threat to democracy and governance in India. It requires a multi-faceted approach involving legal reforms, electoral reforms, and increased public awareness to effectively address this menace. As UPSC aspirants, it is essential to understand and analyze this issue from various perspectives to contribute to the creation of a cleaner and more accountable political system. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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Criminalization of Politics FAQs

What is criminalization of politics.

The criminalization of politics means the participation of criminals in politics which includes that criminals can contest in the elections and get elected as members of the Parliament and the State legislature.

What are the effects of criminalization in politics?

Sometimes political parties give candidature to people having a criminal background, facing criminal allegations and allegations of corruption. This increases the role of money and muscle power in politics.

What are the statistics of criminalization of politics?

In the year 2009, 30% of MPs in Lok Sabha were against criminal charges. In 2014, 34% of MPs in the Lok Sabha faced criminal charges. The percentage was extremely high in the last Lok Sabha elections.

What is criminalisation of politics?

"Criminalization of politics" is a political buzzword in the United States used in the media, by commentators, bloggers as well as by defenders of high-ranking government officials who have been indicted or have faced criminal or ethical investigations.

What is the cause of criminalization of politics?

The most significant cause of the criminalisation of politics is the profane relationship between bureaucracy and politicians. This unwanted and destructive connection between bureaucracy and political managers increased the scope of the criminalisation of politics.

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Criminalisation of politics

  Syllabus: Governance

  Context: The Association for Democratic Reforms (ADR) has approached the Election Commission of India (ECI) seeking action against political parties that fail to publish details of candidates’ criminal antecedents as ordered by the Supreme Court.

Meaning of Criminalization of Politics :

The criminalisation of politics refers to the phenomenon where individuals with criminal backgrounds or pending criminal cases actively participate in politics and hold positions of power.

It signifies the infiltration of criminal elements into the political system, compromising the integrity and functioning of democratic institutions.

Status of Criminalization of Politics :

• Increase in the number of MPs with criminal charges: In 2004, 24% of parliamentarians had pending criminal cases, which rose to 43% in 2019.
• According to data compiled by the  Amicus Curiae, a total of 4,984 criminal cases involving legislators were pending in various courts across the country as of 1st December 2021.
• In the 2019 Lok Sabha elections,  159 MPs had declared serious criminal cases against them , including those of rape, murder, attempt to murder, kidnapping, and crimes against women.

Causes of Criminalisation of Politics:

Impact of Criminalisation of Politics:

Suggestions against the Criminalization of Politics:

Other suggestions:

• State Funding of Elections : Committees on electoral reforms, such as the Dinesh Goswami and Inderjeet Committee, recommend state funding of elections to reduce the use of black money and limit the criminalization of politics.
• Strengthening Election Commission
• Voters need to remain vigilant and report any misuse of money , gifts, or inducements during elections.
• Proactive Role of the Judiciary: Fast-tracking the judicial process can help eliminate corruption and criminal elements from the political system. It requires a time-bound justice delivery system, stronger actions by the Election Commission, and necessary amendments to relevant laws.
• Amending the Representation of Peoples Act (RPA) of 1951 to disqualify individuals with pending serious criminal charges from contesting elections.

Conclusion :

The criminalization of politics poses a serious threat to democracy and good governance. It undermines the principles of free and fair elections, affects the integrity of public servants, causes social disharmony, and erodes public trust in the government. Addressing this issue is crucial for the health and functioning of democratic systems.

Association for Democratic Reforms (ADR), an electoral watchdog established in 1999 by a group of professors from the Indian Institute of Management (IIM) Ahmedabad to pursue electoral reforms in India.

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It is often said that ‘politics’ and ‘ethics’ do not go together. What is your opinion in this regard? Justify your answer with illustrations. ( UPSC 2013)

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The International Committee of the Red Cross in the Republic of Moldova (ICRC) is proud to announce an essay competition on the theme Digitalization of Armed Conflicts . The competition seeks to spotlight that, applied in the spirit in which they were designed to protect and function, the Geneva Conventions can rise to the modern challenges of today’s armed conflicts.

This year marks the 75th anniversary of the Geneva Conventions, a moment of recommitment towards IHL. The Geneva Conventions were adopted in 1949 and are now universally ratified. They represent a universal acknowledgement that war needs rules to limit its devastating impact. In an often-divided world, when parties respect the law, lives are saved, humanitarian actors are enabled to provide aid to affected populations and the principle of humanity is upheld. 

At the same time, new challenges such as cyber warfare have become reality in contemporary armed conflicts. We, therefore, encourage students to approach the topic from various perspectives, such as: What are the ethical challenges of using cyber operations in warfare? How can technology be used responsibly in armed conflicts so as to ensure civilian safety? How can the global community work together to reduce the risks of cyber warfare? How does international humanitarian law protect humanitarian workers from cyber warfare? How can media reporting on military cyber operations help raise awareness about civilian risks during armed conflicts? These are examples, and participants are welcome to choose one of these questions or explore other related topics in their essays.

In today’s world, that is increasingly polarized and where international commitments are being challenged, the Geneva Conventions and international humanitarian law embody universal humanitarian values that preserve lives and dignity. What the world needs more than ever is a more robust adherence to the Geneva Conventions. This is where the students of today - the future generations of professionals - step in. We at the ICRC support the students in exploring, engaging and debating with the ethical and humanitarian issues arising from armed conflict so that they are able to play their role of re-affirming the enduring relevance of IHL, the deep-rooted respect for human dignity, both in peacetime and in the midst of armed conflict. Doris El Doueihy, Head of Delegation, ICRC, Chisinau

To participate, students must submit their essays along with a copy of their identification and proof of enrollment in a university programme (undergraduate or masters). These documents must be received by the ICRC Chisinau Delegation no later than 31 October 2024 at 23:59 . Submissions can be sent by email to [email protected] or by mail to Bulgara Str. 23, MD-2001, Chisinau, Republic of Moldova. Participation in the competition is individual, collective work is not accepted. Essays can be written in Romanian, Russian or English. Winners will be informed in the last week of November 2024 and invited for an awards ceremony scheduled for early December.

The winning entries will be selected by a panel of IHL experts chosen by the ICRC. Participants will be assessed on their logical arguments, the depth to which they develop their answers, structure and demonstrated knowledge of the subject matter. 

The winners will be notified by the end of November 2024 and invited to an awards ceremony. 

The 1 st prize essay:  an internship at the ICRC in Chisinau ;

The 2 nd prize essay:  a day spent at the ICRC in Chisinau and attendance of an ICRC event on IHL ;

The 3 rd prize essay:  ICRC IHL publications

Certificates of participation will be provided for all submissions that are not disqualified.  

Useful links to sources on the topic of the competition:

ICRC Report,  Protecting Civilians Against Digital Threats During Armed Conflict , September 2023

Humanitarian Law & Policy Blog,  Foghorns of War: IHL and Information Operations During Armed Conflict , Tilman Rodenhauser and Samit D’Cunha, October 2023

Humanitarian Law & Policy Blog,  What We Don’t Understand About Digital Risks in Armed Conflict and What to Do About it , Rizk and Cordey, July 2023

ICRC Position Paper,  International Humanitarian Law and Cyber Operations during Armed Conflict , November 2019

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Indian Polity

Make Your Note

Criminalisation of Politics

• 04 Nov 2022
• GS Paper - 2
• State Legislature
• Transparency & Accountability

For Prelims: Representation of People's Act, Criminalization of Politics.

For Mains: Reasons, effects and solutions to Criminalization of Politics.

Why in News?

Recently, two Uttar Pradesh legislators were convicted on criminal charges in recent days, but only one of them has been disqualified and his seat declared vacant by the State’s Legislative Assembly secretariat.

What is Criminalisation of Politics?

• The criminalization of politics means the participation of criminals in politics which includes that criminals can contest in the elections and get elected as members of the Parliament and the State legislature.
• It takes place primarily due to the nexus between politicians and criminals.
• In this regard, Indian Constitution does not specify as to what disqualifies a person from contesting elections for the Parliament, Legislative assembly or any other legislature.
• Section 8 of the act, i.e., disqualification on conviction for certain offences, according to which an individual punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended.
• Members of Parliament or state legislators will not be disqualified for three months, according to the provision.
• If within that period, the  it will not take effect until the disposal of the appeal or application.
• In Lily Thomas vs. Union of India, 2013 , the Supreme Court struck down clause (4) as unconstitutional , thus removing the protection enjoyed by lawmakers.
• The Supreme Court has the power to stay not only the sentence, but also the conviction of a person . In some rare cases, conviction has been stayed to enable the appellant to contest an election.
• However, the SC has made it clear that such a stay should be very rare and for special reasons . The RPA itself provides a remedy through the Election Commission (EC) . Under Sec. 11 of the Act, the EC may record reasons and either remove or reduce the period of, a person’s disqualification.

What are the Reasons for Criminalization of Politics?

• Lack of Enforcement: Several laws and court judgments have not helped much, due to the lack of enforcement of laws and judgments.
• Vested Interests: Publishing of the entire criminal history of candidates fielded by political parties may not be very effective, as a major chunk of voters tend to vote through a narrow prism of community interests like caste or religion.
• Also, sometimes voters are left with no options, as all competing candidates have criminal records.

What are the Effects of Criminalization of Politics?

• It is against the ethos of free and fair election which is the bedrock of a democracy.
• These unhealthy tendencies in the democratic system reflect a poor image of the nature of India’s state institutions and the quality of its elected representatives.
• Affecting Integrity of Public Servants: It also leads to increased circulation of black money during and after elections, which in turn increases corruption in society and affects the working of public servants.
• Causes Social Disharmony: It introduces a culture of violence in society and sets a bad precedent for the youth to follow and reduces people's faith in democracy as a system of governance.

Way Forward

• State Funding of Elections: Various committees (Dinesh Goswami, Inderjeet Committee) on the electoral reforms have recommended state funding of elections which will curb use of black money to a large extent and thereby will have a significant impact on limiting criminalization of politics.
• Strengthening Election Commission: Regulating the affairs of a political party is essential for a cleaner electoral process. Therefore, it is imperative to strengthen the Election Commission of India .
• Vigilant Voters: Voters also need to be vigilant about misuse of money, gifts and other inducements during elections.
• Proactive Role of Judiciary: Given the reluctance by the political parties to curb criminalisation of politics and its growing detrimental effects on Indian democracy, Indian courts must now seriously consider banning people accused with serious criminal charges from contesting elections.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Q. It is often said that ‘politics’ and ‘ethics’ do not go together. What is your opinion in this regard? Justify your answer with illustrations. (2013)

Q. Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (2022)