Author: Kashish Jahan, Netaji Subhas University
Abstract
India, the world’s largest democracy, is facing a major issue—criminals becoming lawmakers. When leaders with criminal backgrounds sit in Parliament or Assembly, it questions the very roots of our democracy. This article explains how the criminalization of politics is happening, what laws we have, and why it still continues. It also shows what courts and the Election Commission have said, and suggests some possible solutions.
To the Point
Today, many MPs and MLAs in India have criminal charges against them. Some are serious—like murder, kidnapping, corruption, and even sexual harassment. Still, they contest elections, win, and hold power.
As per the Association for Democratic Reforms (ADR) 2019 report:
– 43% of newly elected Lok Sabha MPs had criminal cases.
– Around 29% had serious charges (rape, murder, attempt to murder).
This is not just about breaking the law—it’s about making the lawbreakers become law-makers.
Use of Legal Jargon
– Criminalization of Politics – When individuals with criminal backgrounds enter politics and hold public office.
– Disqualification under Representation of the People Act, 1951 – Legal provision to stop criminals from contesting elections.
– Doctrine of Constitutional Morality – Acting in a way that upholds the spirit and values of the Constitution.
– Electoral Integrity – Ensuring fair and clean elections without misuse of power or influence.
The Proof
Even with laws in place, people with criminal records are in power. Why?
1. Loopholes in Law – A candidate is disqualified only if convicted, not if just charged.
2. Delays in Trials – Politicians stretch cases for years to avoid conviction.
3. Political Benefits – Parties give tickets to such people because they’re “winnable.”
4. Voter’s Choice – Many voters ignore criminal records and vote based on caste, freebies, or influence.
Case Laws
1. Lily Thomas v. Union of India (2013)
Facts: The case challenged Section 8(4) of the Representation of the People Act which allowed convicted MPs and MLAs to stay in office by filing an appeal.
Judgment: Supreme Court said once convicted, the MP or MLA is disqualified immediately—no more delays.
Importance: Big step to reduce criminal politics.
2. Public Interest Foundation v. Union of India (2018)
Facts: PIL was filed asking SC to ban candidates with criminal charges from elections.
Judgment: SC refused to ban such candidates but told Parliament to make a law. Also, political parties must publish candidates’ criminal backgrounds.
Importance: Court showed concern, but left the action to lawmakers.
3. Union of India v. Association for Democratic Reforms (2002)
Judgment: Supreme Court made it mandatory for candidates to disclose their criminal, educational, and financial background.
Impact: Voters now have the right to know, but many still ignore.
Conclusion
Even after so many rules and court judgments, criminalization of politics is increasing. It damages democracy, justice, and public trust. Lawmakers should not be lawbreakers. It’s time for stricter laws, faster trials, and political will.
FAQS
Q1: Can a person with a criminal case contest elections in India?
Ans: Yes, if they’re not convicted yet. They can contest unless found guilty by court.
Q2: What is the role of the Election Commission in this issue?
Ans: It makes sure criminal backgrounds are made public, but can’t stop someone from contesting unless law says so.
Q3: What can be done to stop criminalization of politics?
Ans: Fast-track courts, stronger disqualification laws, voter awareness, and clean candidate selection by parties.
