Criminalization of Politics, Meaning, Causes, Effects and Consequences

Criminalization of Politics

Criminalization of politics occurs when individuals with criminal charges become politicians and are elected to office. This trend threatens democratic principles like fairness in elections, accountability, and the rule of law.

Candidates with Criminal Records:

In the latest elections, approximately 40-50% of candidates had criminal charges, reflecting a significant rise compared to previous years.

Parliamentary Representation:

About 30-35% of elected Members of Parliament (MPs) and State Legislators had pending criminal cases.

Serious Offenses:

Among these, around 20% faced serious charges, including murder, rape, and corruption.

Conviction Rates:

The conviction rate for politicians remains low, with reports indicating it to be around 6-10% for cases involving MPs and State Legislators.

Voter Awareness:

Surveys suggest that a significant number of voters, particularly in rural areas, prioritize immediate benefits from criminal-linked candidates, with over 50% indicating that they focus on tangible gains over ethical considerations.

Party Dynamics:

Many political parties continue to lack robust internal democracy, allowing leaders to select candidates with criminal backgrounds based on their electoral appeal rather than integrity. These statistics highlight the persistent issue of criminalization in politics as of 2024, underscoring the need for reforms and increased accountability.

The Criminalization of Politics is an important part of Indian Polity which is an important subject in UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparations.

What is Criminalization of Politics?

Politics in India is becoming more and more criminalized, which suggests a rise in the number of criminals and those facing criminal accusations. Additionally, this phrase refers to those with criminal histories who go on to become elected officials and delegates.

A person who has served a sentence of more than two years in prison is also ineligible to run for office until six years have passed since their release, according to Section 8 of the Indian Representative of People Act. However, this clause is ineffective in real life because of the ongoing criminalization of politics in India.

Causes of Criminalization of Politics

In India, many politicians have formed close connections with criminals, using their money and power to help win elections. The criminal justice system in India often struggles with slow, inefficient, and corrupt processes, making it hard to prosecute politicians with criminal backgrounds effectively. For example, a 2019 report by the National Crime Records Bureau showed that only 6% of cases against Members of Parliament and State Legislatures resulted in convictions.

Also, many political parties lack strong internal democratic structures, allowing leaders to choose candidates based on their ability to win rather than their integrity. This makes it harder for citizens to hold their representatives accountable.

Furthermore, some voters, especially in rural and poor areas, may focus more on the immediate benefits offered by candidates with criminal ties instead of considering long-term governance and the rule of law.

Effects of Criminalization of Politics

The criminalization of politics harms democracy and the rule of law. It fosters corruption among politicians and weakens citizens’ trust in the political system. Effects:

• Development Stagnation: Politicians with criminal backgrounds may prioritize their interests over the community’s needs, hindering development.
• Weakening Institutions: Criminal elements can manipulate democratic institutions for personal gain.
• Impact on Elections: It limits voter choices, making it harder to find deserving candidates.
• Good Governance Issues: Elected officials with criminal ties undermine effective governance.
• Corruption Growth: The involvement of criminals increases black money in elections, leading to more corruption.
• Social Disharmony: This culture of violence can set a negative example for youth and decrease faith in democracy.
• Eroding Trust: Public confidence in politicians diminishes when they engage in criminal activities.

Consequences of Criminalization of Politics

The quality of India’s democracy is negatively impacted by the presence of people with criminal histories in the country’s politics and legal system. Due to extensive ties to the illegal underworld, huge sums of illegal money are funnelled into the political process.

The criminalization of politics has the consequence of limiting the legal process and increasing trial uncertainty. Criminals entering Indian politics increase crime in daily life. The executive, bureaucracy, legislature, and judiciary are among the state institutions that are badly impacted. Politics being made illegal displays a violent culture in the neighbourhood and is an example of young people.

Criminalization of Politics Measures to Curb

Supreme Court

• Association for Democratic Reforms v. Union of India (2002): The Supreme Court required all candidates for Parliament and State Legislatures to declare their criminal records and assets.
• Immediate Disqualification (Lily Thomas Case, 2013): The Court ruled that MPs and MLAs convicted of crimes would be immediately disqualified from office without a three-month appeal period.
• Fast Track Trials (2014): The Supreme Court mandated that trials for sitting MPs and MLAs must be completed within a year of charges being filed.
• Public Interest Foundation v. Union of India (2019): The Court ordered political parties to publish their candidates’ criminal records on websites, social media, and in newspapers.

Election Commission of India Actions

• Booth Capturing (1989): Rules were established to cancel or postpone elections in cases of booth capturing, where polling stations are seized or voters are threatened.
• Prohibition of Arms: Carrying weapons near polling stations is a serious offense.
• Curbing Muscle Power: The Election Commission has successfully limited the use of muscle power through strict enforcement of rules.
• Model Code of Conduct (MCC): This code is enforced by the Election Commission to ensure fair elections, using powers under Article 324.
• Affidavits: Candidates must declare their assets and criminal charges in affidavits to promote transparency before elections.

Criminalization of Politics Initiatives and Reforms

Strengthening existing laws related to the criminalization of politics, expediting the resolution of criminal cases against politicians, and ensuring stricter eligibility criteria for candidates. Electoral reform like Encouraging inner-party democracy, transparent candidate selection processes, and stringent mechanisms to prevent the nomination of candidates with criminal backgrounds is needed. Promoting citizen engagement and voter education, encouraging voters to make informed choices and support clean and ethical candidates.

Criminalization of Politics and Role of the Judiciary

Highlight the significant role played by the Supreme Court in addressing the issue of criminalization in politics, including directives such as the disclosure of criminal records, barring individuals with criminal charges from contesting elections, and decriminalization efforts.

Criminalization of Politics UPSC

The criminalization of politics poses a grave threat to democracy and governance in India. It requires a multi-faceted approach involving legal reforms, electoral reforms, and increased public awareness to effectively address this menace. As UPSC aspirants, it is essential to understand and analyze this issue from various perspectives to contribute to the creation of a cleaner and more accountable political system. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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