The Supreme Court of India has raised concerns about convicted individuals returning to Parliament and State Legislatures, questioning the potential conflict of interest.

Pending Criminal Cases Against MPs/MLAs

• Around 5,000 criminal cases against MPs and MLAs are still pending, despite previous Supreme Court directions for speedy disposal.
• 42% of sitting Lok Sabha members have pending criminal cases.

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Background of the Case

• A Public Interest Litigation (PIL) seeking a lifetime ban on convicted persons from contesting elections and holding political office was filed.
• A two-judge bench of the Supreme Court is hearing the case.
• Main Challenge: The PIL challenges the provisions of the Representation of Peoples Act, 1951 that limit the disqualification period for convicted politicians to six years after serving their sentence.

Criminalisation of Politics

• Criminalisation of politics refers to the increasing participation of individuals with criminal backgrounds in electoral politics.
• It occurs when politicians, lawmakers, or candidates involved in serious crimes such as corruption, murder, extortion, and rape enter legislative bodies. 
• This trend weakens democracy, erodes public trust, and hampers good governance.

Causes of Criminalisation of Politics 

• Nexus Between Politicians and Criminals: Politicians often establish alliances with criminal elements to benefit from their resources and influence during elections. 
• Vote-Bank Politics: Political parties sometimes nominate candidates with criminal backgrounds to secure votes from specific communities or regions.
• Corruption and Black Money: The infusion of illicit funds into the political system enables candidates with criminal ties to finance extensive campaigns
• Weak Law Enforcement and Judicial Delays: Inefficiencies and delays within the judicial system allow individuals with criminal charges to contest elections.
• Lack of Intra-Party Democracy: The absence of transparent and democratic processes within political parties leads to the selection of candidates based on winnability rather than integrity.. 
• Voter Behavior Influenced by Caste and Religion: Voters sometimes prioritize caste or religious affiliations over a candidate’s criminal history, enabling individuals with criminal backgrounds to win elections based on identity politics. 

Implications of Criminalisation of Politics

• Erosion of Democratic Values: Criminal politicians undermine the democratic process by using money and muscle power to influence elections.
  • Recent reports of voter intimidation and electoral violence in states like Bihar and West Bengal.
• Weakening of Rule of Law: Criminal politicians often influence law enforcement agencies and delay investigations into their own cases.
  • The delay in prosecuting high-profile politicians due to prolonged legal battles.
• Increase in Corruption: Leaders with criminal backgrounds exploit public office for personal gain rather than serving the people.
  • The 2G Spectrum Scam and Coal Allocation Scam, involving politicians and business entities.
• Poor Governance and Policy-Making: Criminal politicians prioritize personal and party interests over national development.
  • Delays in police and judicial reforms due to the presence of lawmakers facing criminal charges.
• Impact on Law and Order: Criminal politicians use their influence to protect criminal networks, leading to a rise in organized crime.
  • Rise in extortion, land grabbing, and communal violence in politically unstable regions.

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Representation of the People Act, 1951

• The Representation of the People Act (RPA), 1951, lays down the framework for elections, qualifications and disqualifications of candidates in India.
• Sections 8  of the RPA deals with the disqualification of individuals from contesting elections due to criminal convictions.

Section 8: Disqualification on Conviction for Certain Offenses

• A person convicted of certain offenses is disqualified from contesting elections for:
  • The duration of their prison sentence, and
  • An additional six years after release.
• Offenses Leading to Disqualification:
  • Corruption (under the Prevention of Corruption Act, 1988)
  • Bribery, undue influence, and personation during elections
  • Promoting enmity between groups
  • Offenses related to rape
  • Terrorist activities or unlawful acts (UAPA, POTA, etc.)
  • Crimes against women and children
  • Dowry-related offenses
  • Drug trafficking and smuggling
  • Individuals who are convicted of offenses and sentenced to imprisonment for two years or more.

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Previous Directions by the Supreme Court 

• In Lily Thomas v. Union of India, 2013: Struck down Section 8(4), which allowed convicted MPs/MLAs to continue in office if they appealed within 3 months.
  • Now, disqualification is immediate upon conviction.
• In 2017, the Court directed the establishment of 12 special courts in 10 states to expedite MP/MLA cases.
• In 2023, the Court issued further directions for monitoring the disposal of pending criminal cases against MPs/MLAs.

Recommendations of various Committees

• Law Commission’s 244th Report (2014) recommended a lifetime ban on convicted politicians.
  • It proposed that individuals charged with serious offenses be barred from contesting elections.
• Second Administrative Reforms Commission (2008) suggested state funding of elections to reduce reliance on black money.
• Vohra Committee Report (1993) highlighted the nexus between criminals, politicians, and bureaucrats and recommended stronger laws to curb political corruption.

Challenges and Issues

• Delayed Trials: Politicians exploit legal loopholes to delay convictions, allowing them to contest multiple elections before disqualification.
• Misuse for Political Vendetta: There is a risk of false cases being filed against opposition leaders to disqualify them.
• High Criminalization of Politics: Despite these provisions, over 40% of MPs/MLAs have criminal cases, raising concerns over enforcement.
  • An analysis by the Association of Democratic Reforms revealed that 46% of the newly elected Lok Sabha members, totaling 251.  This marks a 55% increase since 2009. 
• Need for Lifetime Ban: There is no lifetime ban on convicted politicians, allowing them to return to politics after the disqualification period.

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Way Forward

• Speedy Trial Mechanisms: Establish exclusive fast-track courts for cases involving MPs and MLAs to ensure time-bound trials.
• Strengthening Legal Provisions: Amend Section 8 of the RP Act to impose a lifetime ban on politicians convicted of heinous crimes such as rape, murder, and corruption.
• Electoral Reforms: The Election Commission of India (ECI) should make it mandatory for political parties to justify why they selected candidates with criminal backgrounds.
  • In Rambabu Singh Thakur v. Sunil Thakur (2020), the Court mandated political parties to publish the criminal antecedents of their candidates and provide reasons for fielding them.
• Judicial and Institutional Reforms: Curb procedural delays by restricting adjournments in cases involving politicians and ensuring summons are served on time to witnesses.
• Voter Awareness and Civil Society Engagement: Conduct large-scale voter awareness programs to discourage the election of candidates with criminal backgrounds.

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