Recently, the  Supreme Court questioned the logic of a six-year ban on convicted legislators, highlighting concerns about the conflict of interest and slow functioning of fast-track courts.

• The Bench, comprising Justice Dipankar Datta and Justice Manmohan, noted the rise in pending criminal cases against MPs/MLAs.

What is Criminalisation of Politics?

• 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.

Criminalisation of Politics in India

• Rising Cases: In 2018, there were 4,075 pending cases against MPs/MLAs. As of January 1, 2025, this number has risen to 4,732, with 559 cases pending for over a decade.
• Government’s Stand : The Central Government strongly opposed the petition, stating that Parliament alone has the authority to decide disqualification duration under the Representation of the People Act, 1951.
• Increasing Criminality: Various committees have flagged the increasing criminality in India’s political system.
• Winability: Political parties prioritize winnability, fielding 30-35% of candidates with criminal cases. 
  • Some state legislatures have 55-65% MLAs with criminal records.
• Court’s Observations: The SC has repeatedly called this issue “cancerous for democracy”, emphasizing “lawbreakers cannot be lawmakers.” 
  • However, the Court has maintained that legislative action is required, as it falls within Parliament’s jurisdiction.
• Criminal Records : As of June 2023: 44% of 4,001 MLAs in state assemblies have declared criminal cases. As of September 2023: 40% of 763 MPs in Parliament have criminal cases.
  • Rajya Sabha MPs: 33% with criminal cases.
  • Lok Sabha MPs: 46% with criminal cases (2024 data).
  • 30% of cases against MPs/MLAs have been pending for over five years.
  • Highest pending cases (over five years):
    • Odisha: 323 out of 454 cases.
    • Maharashtra: 169 out of 482 cases.

Supreme Court Directives

• February 2020: SC directed political parties to justify selection of candidates with criminal backgrounds within 72 hours of nomination.
• September 2018: SC mandated parties and candidates to publish details of criminal cases on three different dates before polling.
• Banning Candidates: SC urged Parliament to pass a law preventing candidates accused of serious crimes from entering politics.
• Recent Observations: Justice Manmohan stated that the Election Commission of India (ECI) should have acted against political criminalisation.
  • Questioned how someone unfit for government service could still become a minister.
  • The Supreme Court has warned that it will proceed with the matter if no response is filed.

Challenges to Reform the system

• Money and Muscle Power: Political parties prioritize money and muscle power, making it unlikely they will stop fielding tainted candidates.
• Recovery of money: Winning elections is financially lucrative, with candidates recovering multiple times their campaign investments.
• Enhancing Corruption: This compromises good governance and perpetuates corruption.
• Constitutional Concerns: Founding fathers of the Constitution, including Dr. B.R. Ambedkar and Dr. Rajendra Prasad, foresaw that the success of the Constitution depended on the character of its implementers.
  • Hoped for leaders of noble character, but the reality has failed their expectations.
  • Institutions tasked with upholding the Constitution are seen as reluctant to act decisively.
• Lack of Mass movement: Civil society organisations are working to educate voters on electing clean candidates. However, a mass movement from citizens to cleanse the system is absent.
• Casual Acceptance: India has an exceptionally high number of sitting legislators with criminal cases. 
  • Unlike other democracies, there is a casual acceptance of this situation by both the Election Commission and citizens.
• Diminishing Ethics: Ethics and morality in politics have diminished significantly

Way Forward

• Law Commission’s Recommendations: The 20th Law Commission in its 244th report found that disqualification upon conviction has been ineffective in preventing the criminalisation of politics.
• • Disqualification: Recommended disqualification at the stage of framing charges with legal safeguards to curb criminalisation.
  • Preventing False Affidavits: Suggested enhancing punishment for false affidavits to a minimum of two years’ imprisonment, making it a ground for disqualification.
  • Speedy Conviction: Called for day-to-day trials to ensure speedy convictions that precede disqualification.
• Intervention by Courts: The courts may need to intervene to restore sanctity in political and electoral systems.

Conclusion

The Supreme Court’s stance remains uncertain given the stiff opposition from the Centre, which rejects lifetime bans on convicted politicians. The key question remains whether the Supreme Court will take a firm stance against criminalisation in politics.

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