Criminalisation of Politics and its Impact

Criminalization of politics is when people with criminal charges or backgrounds become politicians and are elected to office. Read about Criminalisation of Politics and its Impact

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Context: An amicus curiae report to the Supreme Court stressed the critical need for voter access to information about the criminal backgrounds of candidates. This access is viewed as an extension of the fundamental right to free speech and expression, underscoring the electorate’s right to be informed about who they are electing.

What is Criminalisation of Politics?

Criminalization of politics is when people with criminal charges or backgrounds become politicians and are elected to office. This can affect the basic principles of democracy, such as fairness in elections, accountability, and following the law.

In India, the number of candidates with criminal charges elected to Parliament has been increasing since 2004. The Association for Democratic Reforms (ADR), an advocacy group focused on electoral reforms, has urged the Election Commission of India (ECI) to take action against political parties that have failed to disclose the criminal backgrounds of candidates they have nominated.

The Law Commission has recommended that disqualification at the stage of framing of charges, accompanied by other legal safeguards, could be an effective means to curb criminalization of politics

Criminal Antecedents of Candidates

The report drew on data from the Association of Democratic Reforms (ADR) regarding the criminal backgrounds of candidates in the initial phases of the 2024 Lok Sabha elections:

Phase I and II: Out of 2,810 candidates, 501 (18%) have criminal cases, with 327 (12%) facing serious charges (punishable by five years or more in prison).
Comparison with 2019 Election: In the 17th Lok Sabha elections, 1,500 out of 7,928 candidates (19%) had criminal cases, with 1,070 (13%) involving serious charges.
- Interestingly, 225 of the 514 elected members (44%) had criminal records, indicating that candidates with criminal backgrounds won more seats than those without.

Current Status of Criminal Cases Against Lawmakers

Pending Cases: As of January 1, 2024, there were 4,472 criminal cases pending against lawmakers. The year 2023 saw 1,746 new cases, while 2,018 cases were resolved.
Long-standing Cases: Out of 5,175 cases pending (as of November 2022), 2,116 (40%) had been unresolved for more than five years.

Proposed Reforms For Criminalisation of Politics

Website Improvements: State High Courts should feature a dedicated tab on their homepages with detailed, district-wise information on criminal trials against legislators, including updates on individual trial progress and reasons for delays.
National Judicial Data Grid: The creation of a model website similar to the National Judicial Data Grid to provide real-time updates on cases against MPs and MLAs.
- Also it was proposed that the Supreme Court establish a committee led by a sitting judge to implement this.

Criminalisation of Politics FAQs

What do you mean by criminalisation of politics?

Criminalisation of politics is defined as the situation when criminals participate in the politics of the government, i.e., contest elections and get elected to the Parliament and state legislatures.

What is the Committee on Criminalisation of politics?

The Vohra (Committee) Report was submitted by the former Indian Home Secretary, N. N. Vohra, in October 1993. It studied the problem of the criminalisation of politics and of the nexus among criminals, politicians and bureaucrats in India.

What are the reasons of criminalisation of politics in India?

The most significant cause of the criminalisation of politics is the profane relationship between bureaucracy and politicians. This unwanted and destructive connection between bureaucracy and political managers increased the scope of the criminalisation of politics.