CRIMINALISATION OF POLITICS – POLITY
News: Criminalisation of politics: Why ADR has approached the ECI seeking action against political parties
What's in the news?
● The Association for Democratic Reforms (ADR), an electoral watchdog established in 1999 by a group of professors from the Indian Institute of Management (IIM) Ahmedabad 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.
Criminalisation of Politics:
● The criminalisation of politics refers to the phenomenon where individuals with criminal backgrounds, including those charged or convicted of criminal offenses, actively participate in politics.
● Several politicians with criminal records have managed to secure positions in legislative bodies, ranging from local municipalities to the national Parliament.
● This trend cuts across party lines and affects politicians from various political parties.
Factors leading to criminalisation of politics:
1. Attraction of the strongmen:
● Due to the government’s failure to address the socio-economic and political concerns of the people, they are attracted towards people with a criminal image.
● These strongmen, who possess both power and wealth, are expected to full fill the needs of the people.
2. Vote bank politics:
● Money and muscle power of criminals help political parties gain votes. Since, in India electoral politics is more about caste, ethnicity, religion and several other factors, candidates overcome the reputational loss due to criminal charges and come out as victorious in elections.
3. Black money in elections:
● Electoral politics is largely dependent on the money and the funding that it receives.
● Since candidates with criminal records often possess greater wealth, they ensure greater inflow in money, labour and other advantages that may help a party in a successful campaign, and also possess greater ‘winnability’.
● Research suggests that a candidate with a tainted reputation is three times more likely to win an election than a candidate with a clean record.
4. Lack of Intra-party democracy:
● Political parties in India largely lack intra-party democracy and the decisions on candidature are largely taken by the elite leadership of the party.
● Thus, politicians with criminal records often escape the scrutiny by local workers and organisation of the party.
5. 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.
6. Loopholes in the functioning of Election Commission:
● The Election Commission has prescribed forms for the contestants of elections to disclose their property details, 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.
Impacts of criminalisation of politics:
1. Undermines democracy:
● The foundation of a democracy is the trust between its citizens and those elected to govern on their behalf.
● When elected representatives have criminal backgrounds, it undermines this trust and erodes the credibility of the democratic system.
2. Poor governance:
● Individuals with criminal backgrounds often lack the skills, education, and understanding necessary to govern effectively.
● Their policies and decisions may be guided by their own personal interests rather than the interests of their constituents.
3. Cultivates culture of impunity:
● Criminalisation of politics can foster a culture of impunity where individuals believe they can commit crimes without facing consequences, which can lead to increased crime rates and a general lack of respect for the law.
4. Encourages corruption:
● Politicians with criminal backgrounds are more likely to engage in corrupt practices, such as bribery, fraud, and embezzlement, further undermining the legitimacy of the government and public faith in it.
5. Impact on economic development:
● The chronic corruption and mismanagement associated with criminal politicians can deter both domestic and foreign investors, stymie economic growth, and exacerbate poverty and inequality.
6. Hampers social development:
● With corruption and self-interest driving policymaking, social development initiatives, such as health, education, and welfare programs, can be severely compromised, preventing the upliftment of disadvantaged groups.
7. Taints international reputation:
● The criminalisation of politics can damage India’s reputation on the international stage, making it more difficult to engage in beneficial relationships with other countries and international organizations.
Measures needs to be taken:
1. Legal reforms:
● The laws concerning the disqualification of candidates with criminal backgrounds need to be strengthened.
● For instance, 2nd ARC recommended amending section 8 of RPA to disqualify all persons facing charges related to grave and heinous offences and corruption, where charges have been framed six months before the election.
2. Time-bound justice delivery system:
● Fast tracking trials and expediting the judicial process through a time-bound justice delivery system will weed out the corrupt as well as criminal elements in the political system.
3. Pressure on political parties:
● Pressure must be exerted on political parties to make them accountable for their choices.
● Political parties must realise that they must follow the rule of law and that they are not above the law.
4. Strict enforcement of directives:
● The ECI needs to strictly enforce the directives of the Supreme Court.
● Parties that do not comply with these directives should face penalties, including fines, as suggested by the ADR. In extreme cases, non-compliant parties could be deregistered.
5. Internal democracy in political parties:
● Encouraging internal democracy within political parties can also help.
● When party members have a say in candidate selection, they are more likely to choose individuals of integrity.
6. Implementing recommendations of various committees:
● The recommendations of several committees, such as the Vohra Committee (1993) and Goswami Committee and law commission report (170 and 244), which have focused on tackling the criminalisation of politics, need to be fully implemented.
7. Use of technology:
● Technology can be harnessed to ensure speedy trials and provide easy access to information about candidates.
● For instance, online platforms could be used to maintain a publicly accessible database of the criminal records of all political candidates.