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Election Law

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17 views14 pages

Election Law

Uploaded by

Priya Sirohi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ELECTION LAW

CRIMINALIZATION OF POLITICS

SUBMITTED BY: SUBMITTED TO:


PRIYA SIROHI MS. NAMITA SINHA
B.A.LL.B. 4TH YEAR (A) (ASSISTANT PROFESSOR)
02113403819
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
 It takes place primarily due to the nexus between politicians and
criminals.
CAUSES OF CRIMINALIZATION OF POLITICS

 Muscle power
 Money power
 Corruption
 Divisions in the Indian political system
 No retirement policy in Indian 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. 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.

 Money power

Besides muscle power, black money and funds from the mafia are also significant causes of criminalization in politics. 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
 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.
 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.
 Lack of Enforcement

Several laws and court judgments have not helped much, due to the lack of enforcement of laws and judgments.
 Limited Awareness

Making voters awareof candidates with criminal antecedents has its limitations
 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.
 Model code of Conduct

Its blatant violation is seen in almost all elections.


 Lack of Governance

The SC’s orders or other legal mechanisms are not fully followed thereby creating an anarchic environment in the
country. Law breakers end up becoming law makers.
 Polarization towards Caste/Religions

People still go by the caste system and favor candidates on its basis instead of considering the actual background of
the candidate.
IMPACT OF CRIMINALIZATION OF POLITICS

 Negative Impacts on the Quality of Democracy:


Presence of legislatures with criminal background negatively impacts the lawmaking power of Parliament and state legislatures. It is like a dent
on democracy and negatively impacts the quality of democracy.

 Obstructing the Process of Justice Delivery:


The criminalization of politics obstructs the process of justice and causes delays in trials. Criminals after getting into the position of power
misuse it for or getting away with their crimes and offences.

 Increases Corruption:
The criminalization of politics increases corruption in public life, creates a nexus of criminal, politician, and bureaucracy. All these have
negative impacts on the state institutions such as the legislature, executive and the judiciary.

 Violence in Society:
It leads to a culture of violence in society. For example, the level of political violence in West Bengal has created bad precedence for the youth
of the state.

 Illegal Money Flow into the Electoral Process:


The criminalization of politics promotes the flow of illegal money into the electoral process and negatively impacts the security of the people
and the nation.
JUDGEMENTS BY THE SUPREME COURT

Public Interest Foundation and Ors. vs. Union of India and Anr.
The Supreme Court ordered the political parties in its February 2020 contempt petition to comply with its judgment
on this case. 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.
Lily Thomas v. Union of India (2013):

In this case, the Supreme Court of India 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.
The court also declared that a convicted lawmaker could not contest an election or continue as a member of the
legislature while the appeal was pending.
CURRENT VERDICT OF SUPREME COURT:

 The Supreme Court (SC) has ordered political parties to publish the entire criminal history of their
candidates for Assembly and Lok Sabha elections along with the reasons that forced them to field
suspected criminals. The order was a reply to the contempt petition about the general disregard shown
by political parties to a 2018 Constitution Bench judgment (Public Interest Foundation v. Union of
India) to publish the criminal details of their candidates in their respective websites and print as well
as electronic media for public awareness. The SC passed an order while exercising powers under
Articles 129 and 142 of the Constitution which deals with the contempt power of the Supreme Court
and enforcement of its decrees and orders.
SOLUTIONS TO CURB CRIMINALIZATION OF POLITICS
 Strict Laws:
The first step to curb criminalization of politics is to have strict laws in place. Laws should be enacted to bar individuals with criminal records
from contesting elections or holding public office. This can help to prevent the entry of criminal elements into the political system.

 Fast-track courts:
There is a need to set up fast-track courts to hear cases against politicians with criminal backgrounds. This can help to ensure speedy justice and
prevent politicians from using their power to delay or manipulate the legal process.

 Electoral Reforms:
The electoral process should be reformed to prevent criminal elements from getting elected. One of the key reforms could be to mandate that
political parties disclose the criminal records of their candidates. This can help to increase transparency and accountability in the political system.

 Public Awareness:
There is a need to create awareness among the public about the negative consequences of criminalization of politics. This can be done through
campaigns, public debates, and other means of mass communication. Awareness can help to create pressure on politicians to clean up their act and
work for the benefit of the people.

 Political Will:
Finally, there is a need for political will to curb criminalization of politics. Politicians themselves should take the lead in setting an example and
ensuring that only honest and law-abiding individuals are allowed to hold public office. This can help to create a culture of integrity and
accountability in the political system.
CONCLUSION

 The criminalisation of politics and corruption hits the roots of democracy. There
should be wide publicity of the candidates with criminal records, who are contesting
in an election and the political parties that give them support. The publication must be
such that it is easily available to the voters, that is not on the party’s official website
as each and every voter won’t check the profile of each candidate and some might not
even have access to or knowledge about this electronic means. This is important in
order to curb criminalisation of politics.
THANK YOU

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