Context:

Recently, the Association for Democratic Reforms (ADR) wrote to the Election Commission seeking action against parties that fail to publish details of criminal antecedents of candidates as per orders of the Supreme Court and the poll panel.

Criminalization of Politics in India:

• Criminalization of Politics refers to the situation where criminals, lawbreakers, and corrupt individuals enter the political system.
• It is one of the seriously growing concerns in India. No other country has so many people with known criminal records in its Parliament or State Assemblies.
• In 2004, the percentage of Members of Parliament facing criminal cases was around 22%, and has now doubled. 

Concerning Data:

• States/Union Territories: The regions with highest number of serious criminal cases are Delhi 53%, Bihar 59%, Maharashtra, Jharkhand and Telangana 39% each, and Uttar Pradesh 38%.
• Presently, there are 1,136 or 28% of Members of Legislative Assemblies (MLAs), which on conviction would lead to a jail sentence of five years or more. 
  • There are 47 MLAs with murder cases, 181 with attempt to murder cases, another 114 with cases related to crimes against women, and 14 with rape cases. 
• According to a report by the Association for Democratic Reforms (ADR) and National Election Watch (NEW): In the 2019 Lok Sabha elections, 43% of the winners faced criminal cases, while overall 29% faced criminal cases.
  • ADR’s analysis of 2014 Lok Sabha elections: It found that 34% of the candidates faced criminal cases and 17% faced serious criminal cases.
• A report by the National Crime Records Bureau (NCRB): It found that between 2014 and 2018, there was a 44% increase in the number of cases of elected representatives facing criminal cases.
• Election Commission of India: In its 2018 report, it noted that criminalization of politics was a growing threat to the country’s democracy, and called for urgent action to address the issue.

Causes of Criminalization of Politics in India:

• 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. 
• Muscle Power: During elections, contestants promised to eliminate the use of muscle power in politics, but this is hardly implemented.
  • 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 and results in a nexus between political parties and criminals, the most dangerous elements of society.
• Money Power: Black money and funds from illegal sources are also one of the major causes of criminalization in politics.
  • Money accumulated through unlawful acts also acts as one of the primary reasons for increasing criminalization in politics. 
  • Vote Bank: This amount of money becomes an easy way to buy voters and win elections. 
  • Corruption: It will also become a reason for another menace called uncontrolled corruption. 
• Corruption: Corruption directly gives rise to contempt of the law and when contempt of law combines with the criminalization of politics, it results in corruption.
  • Growing corruption ultimately leads to the criminalization of politics.
• Divisions in the Indian Political System: Criminals take advantage of this division and enter in the arena of politics by portraying themselves as the protector of the respective class, caste, religion, and community. 
  • In general, while choosing a candidate,voters hardly check the criminal background of a candidate. 
  • People tend to vote based on the candidates’ caste, ethnicity, religion, community, and linguistic lineage.
• No Retirement Policy: There is no retirement policy for Lok Sabha members, which is one of the main causes of criminalization of politics.
• Lack of Proper Governance: The Election Commission has prescribed forms for the contestants of elections to disclose their details, including 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. 
  • The increasing interference of politicians in administration may be regarded as another reason for the criminalisation of politics.

Why Is Criminalization of Politics a Concerning Issue?

• Threat to Democracy: Criminalization of politics undermines the rule of law and democratic institutions. 
  • When criminalized politicians hold public office, they can misuse their power and adversely affect the soul democratic value of the country.
• Deteriorate Governance: Criminalized politicians are likely to be more interested in serving their own interests, which will lead to the deterioration of good governance.
• Corruption: Politicians with criminal backgrounds are more likely to use their power for personal gain, which can lead to widespread corruption.
• Criminalization of Political Parties: It can lead to criminalization of political parties, which results in weakening of democratic institutions and undermining the rule of law.
• Losing of Trust in the System: Looking at the criminalized political system, people, especially youth are losing faith in democratic institutions and the rule of law, which is not a good sign for a better future of the nation.

Legislation for Disqualification of Criminal Candidates in India:

• Indian Constitution: It does not specify the disqualification of a person from contesting elections for the Parliament, Legislative assembly or any other legislature.
• Section 8 of the Representation of Peoples Act 1951: It deals with the disqualification of conviction and punishment for certain offenses.
  • However, the law does not bar individuals who have criminal cases pending against them from contesting elections therefore the disqualification of candidates with criminal cases depends on their conviction in these cases.

Judgements Regarding Criminalization of Politics:

• Association for Democratic Reforms vs. Union of India, 2002: Supreme Court ruled that every candidate contesting election has to declare his criminal and financial records along with educational qualifications.
• Ramesh Dalal vs. Union of India, 2005: Supreme Court ruled that a sitting MP or MLA will be disqualified from contesting the election if convicted and sentenced for imprisonment for two years or more by a court of law.
• Lily Thomas vs. Union of India, 2013: Supreme Court ruled 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 vs. Union of India, 2014: The Delhi High Court held that a person cannot be disqualified from contesting elections merely because they have been charged with a criminal offense.
• Public Interest Foundation vs. Union of India, 2019: Supreme Court ruled that political parties should publish the criminal records of their candidates on their websites, social media handles, and newspapers.
  • The court also directed the Election Commission of India to create a framework to ensure that the information on candidates’ criminal records was disseminated effectively.

Associated International Rules & Agreements:

• United Nations Convention against Corruption (UNCAC): A global agreement to promote international cooperation and prevent corruption in both the public and private sectors. 
  • The UNCAC covers a wide range of issues related to corruption, including bribery, money-laundering, and abuse of power.  
• Sustainable Development Goals (SDGs): The SDG 16 addresses the issue of promoting peaceful and inclusive societies, providing access to justice for all, and combating corruption and bribery.
• Organization for Economic Cooperation and Development (OECD) Anti-Bribery Convention: A convention that requires member countries to criminalize bribery of foreign public officials and to cooperate with each other in investigations and prosecutions of bribery cases.  
• Global Forum on Transparency and Exchange of Information for Tax Purposes: A forum to promote transparency and exchange of information between countries to prevent tax evasion and other illicit financial activities. 
  • By promoting transparency in financial transactions, the forum can indirectly help to prevent criminalization of politics.

Steps Needed to be Taken to Reduce Criminalization of Politics: 

• Maintain Transparency: Need to bring greater transparency in the political system by using measures such as the disclosure of criminal records of political candidates, stricter election funding rules, and increased monitoring of political campaigns.
• Maintain Accountability: Need to strengthen the legal framework to ensure accountability of politicians for their actions. 
• Enforcement of Strict Laws: Laws should be framed and enacted in such a way to bar entry of criminals in the political system. 
• Fast-track Courts: There is a need to set up fast-track courts to hear cases against criminalized politicians to ensure speedy justice and prevent them from using their power to delay or manipulate the legal process.
• Electoral Reforms: There is a need to take steps in the direction to reform electoral processes to increase transparency and accountability in the political system.
• Optimal Utilization of the Model Code of Conduct (MCC): The Model Code of Conduct is an important tool in curbing criminalization of politics. 
  • By promoting transparency, fair play, and ethical conduct, the MCC can help to prevent the entry of criminal elements into the political system and strengthen democracy.
• Generate Public Awareness: Time is to create greater public awareness about the problem by using the help of media, civil society organizations, and educational institutions.

Recommendations Against Criminalisation of Politics:

• Vohra Committee on Criminalisation of Politics, 1993: It was constituted to identify the extent of the political-criminal nexus and to recommend ways in which the criminalisation of politics can be effectively dealt with.
  • It warned that some political leaders become the leaders of these gangs/groups and, over the years, get themselves elected to local bodies, state assemblies and the national Parliament.
• Law Commission 244th report (2014): It recommended the disqualification of people against whom charges have been framed at least one year before the date of scrutiny of nominations for an offense punishable with a sentence of five years or more.

Conclusion:

The increasing criminalization of politics and corruption hits the root of democracy. There is an urgent need to take strict actions to get rid from this grave issue for the betterment of not only a better political system but also for promotion of socio-economic development and promoting human rights too.

News Source: The Hindu