Published On: 1 October, 2023
Criminalization of Politics and Electoral Reforms
INTRODUCTION
The criminalization of politics is a threat to democracy. Criminals and individuals with a criminal background can enter the political sphere and occupy positions of power. This reduces transparency, accountability, and the rule of law. Electoral reforms are needed to address the loopholes and vulnerabilities that enable criminal elements to enter politics. These reforms can safeguard the democratic foundations of a nation. The alternate dispute resolution commonly known as ADR has come up with a report highlighting the infiltration of individuals with criminal backgrounds into politics, jeopardizing the integrity of the democratic process. It discusses how criminalization disrupts public trust, compromises governance, and gives a waving green flag to corruption
The criminalization of politics in India is a serious issue that has been plaguing the country for many years. The Supreme Court and the Election Commission have issued directives to political parties to disclose the criminal backgrounds of candidates contesting elections, but many parties have been ignoring these orders. This has allowed criminals to enter politics and undermine the principles of democracy. The criminalisation of politics started in the late 1970s when there was no law to bar criminal candidates and it has increased in the last four general elections.
REASONS FOR CRIMINALISATION OF POLITICS
There are several reasons why this issue has persisted. One reason is that there is a lack of political will to address it. Political parties are often reluctant to give up the support of criminals, as they can be a valuable source of votes. Additionally, the existing laws do not adequately address the issue of criminalization. For example, there is no clear definition of what constitutes a criminal record, which makes it difficult to prevent criminals from contesting elections.
The lack of transparency in the political system is another factor that has contributed to the problem. Voters often do not have access to information about the criminal backgrounds of candidates, which makes it difficult for them to make informed decisions about who to vote for.
The issue of criminalization of politics poses a serious threat to Indian democracy. It undermines the principles of transparency, accountability, and the rule of law. It also erodes public trust in the electoral process.
Several steps can be taken to address this issue. First, there needs to be a clear definition of what constitutes a criminal record. Second, the laws need to be amended to make it more difficult for criminals to contest elections. Third, there needs to be greater transparency in the political system. Finally, voters need to be better informed about the criminal backgrounds of candidates.
The issue of criminalization of politics is a complex one, but it needs to be addressed. If it is not, it will continue to undermine the foundations of Indian democracy.
ELECTORAL REFORMS
Electoral reforms are needed to restore the faith of people in democracy. Some reforms that have been introduced in the past include reducing the minimum voting age from 21 to 18, introducing electronic voting machines, and disqualifying people who are convicted of certain crimes from contesting elections. However, there is still more that needs to be done, such as decriminalizing politics. The criminalization of politics is a serious problem in India, and it undermines the integrity of the electoral system. It is important to introduce reforms that will make it more difficult for criminals to get elected to office.
Here are some additional points that could be included in the summary:
- The criminalization of politics is a threat to democracy because it allows criminals to influence government decisions and escape prosecution.
- Decriminalizing politics would require reforms such as barring people with criminal records from running for office, increasing the transparency of campaign financing, and strengthening the enforcement of anti-corruption laws.
Electoral reforms are essential to restoring the faith of people in democracy and ensuring that the government is accountable to the people.
The Vohra Committee on “Criminalisation of Politics”
The Vohra Committee was appointed by the Government of India in 1993 to examine the extent of the criminalization of politics in the country. The committee found that there was a nexus between criminals, politicians, and bureaucrats and that this nexus was hurting the governance of India.
The committee made several recommendations, including the need for legal reforms to disqualify individuals facing serious criminal charges from contesting elections, the strengthening of law enforcement agencies, and the promotion of internal democracy within political parties.
The report was a wake-up call for the Indian political establishment, and it has helped to spur efforts to address the criminalization of politics. However, there is still much work to be done, and the report’s findings continue to be relevant today.
Here are some of the key findings and recommendations of the Vohra Committee:
- The committee found that there was a nexus between criminals, politicians, and bureaucrats. This nexus was characterized by the exchange of money and muscle power for political favors.
- The committee noted that the lack of political will was a major obstacle to addressing the criminalization of politics. Politicians were reluctant to take action against criminals for fear of retaliation.
- The committee recommended several legal reforms, including the disqualification of individuals facing serious criminal charges from contesting elections.
- The committee also recommended the strengthening of law enforcement agencies and the promotion of internal democracy within political parties.
The Vohra Committee report was a landmark initiative in shedding light on the extent of the criminalization of politics in India. While challenges persist, the report’s findings have contributed to ongoing efforts to strengthen democracy, accountability, and transparency in the Indian political system
THE PRESENT LAWS FOR CANDIDATES INVOLVED IN THE CRIMINALISATION OF POLITICS
Laws regarding candidates involved in the criminalization of politics can vary widely from country to country. Some common approaches include the disqualification of individuals with certain criminal convictions, disclosure requirements, and court cases and investigations. The public also plays a role in holding candidates accountable through media coverage and public awareness campaigns. Political parties may have their internal regulations or codes of conduct, and some legal systems emphasize the possibility of rehabilitation and reintegration into society. It’s important to note that political and legal landscapes can change over time, so it’s best to consult official sources for the latest updates.
RECOMMENDATIONS MADE BY THE REPORT ON PROPOSED ELECTION REFORMS, 2004
The Election Commission of India has recommended several reforms to decriminalize politics in India. These include amending the Representation of the People Act to make it mandatory for candidates to disclose their assets and criminal cases, disqualifying candidates with pending criminal charges and establishing fast-track courts to expedite trials.
The Commission also recommends that any person convicted of heinous crimes be permanently barred from contesting elections. These reforms are necessary to ensure that only qualified and honest individuals hold public office.
Here are some of the key points:
- The Election Commission of India has recommended several reforms to decriminalize politics in India.
- These reforms include amending the Representation of the People Act, disqualifying candidates with pending criminal charges, and establishing fast-track courts.
- The Commission also recommends that any person convicted of heinous crimes be permanently barred from contesting elections.
- These reforms are necessary to ensure that only qualified and honest individuals hold public office
SUPREME COURT VERDICT
The Supreme Court of India has issued a series of directions to address the criminalization of politics. These directions include the disclosure of criminal records of candidates, the responsibility of political parties to publicize the criminal records of their candidates, the establishment of fast-track courts, the disqualification of individuals facing serious criminal charges, and electoral reforms. The court also stressed the importance of voter education.
The directions issued by the Supreme Court are a step in the right direction to curb the influence of criminals in politics. However, more needs to be done to ensure that only honest and qualified individuals hold public office
WHAT ARE THE SC JUDGEMENTS REGARDING THE CRIMINALIZATION OF POLITICS?
§ Association for Democratic Reforms v. Union of India (2002):
o In 2002, the SC ruled that every candidate contesting the election has to declare his criminal and financial records along with educational qualifications.
§ Ramesh Dalal vs. Union of India (2005):
o In 2005, the SC had ruled that a sitting MP or MLA would be disqualified from contesting the election if convicted and sentenced to imprisonment for two years or more by a court of law.
§ Lily Thomas v. Union of India (2013):
o The SC has declared that any member of parliament or state legislative assembly who is convicted of a crime and sentenced to a prison term of two years or more would be disqualified from holding office.
§ Manoj Narula v. Union of India (2014):
o The Delhi HC held that a person cannot be disqualified from contesting elections merely because they have been charged with a criminal offense.
o However, the court also held that political parties must not field candidates who have a criminal background.
§ Public Interest Foundation v. Union of India (2019):
o The SC has ordered political parties to publish the criminal records of their candidates on their websites, social media handles, and newspapers.
o The court also directed the ECI to create a framework to ensure that the information on candidates’ criminal records was disseminated effectively
ELECTION COMMISSION MEASURES AND RECOMMENDATION
The Election Commission of India has made several recommendations to the Union Government to decriminalize politics. These include disqualifying people who are accused of serious crimes from contesting elections, replacing the FPTP electoral system with a 2-ballot system, and introducing the right to recall. Other measures that could be considered include state funding of elections and increasing the transparency of campaign financing.
The criminalization of politics is a serious problem in India, and it undermines the integrity of the electoral system. It is important to introduce reforms that will make it more difficult for criminals to get elected to office. These reforms would help to restore the faith of the people in democracy and ensure that the government is accountable to the people.
Here are some additional points that could be included in the summary:
- The criminalization of politics is a threat to democracy because it allows criminals to influence government decisions and escape prosecution.
- Decriminalizing politics would require reforms such as barring people with criminal records from running for office, increasing the transparency of campaign financing, and strengthening the enforcement of anti-corruption laws.
- Electoral reforms are essential to restoring the faith of people in democracy and ensuring that the government is accountable to the people.
CONCLUSION
Electoral reforms are the need of the hour to attain a sustainable democratic India. There must be no place for criminals in the electoral process. Honesty should be rewarded and patronage to criminals should be abolished. A strong political will is required to decriminalize the political system. The public will lose faith in politics and democracy if no decisive action is taken soon.
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