Author: Sanika Bhoite
Institution: PES Modern Law College, Pune
To the Point
“Politics…” Derived from the Ancient Greek term politiká which means affairs of the cities. It is also describes as art or science of government”,
In the preamble of Indian constitution declares India as the Justice, Liberty, Equality, Fraternity, and Sovereignty. Like Justice of social, economic, political, Liberty of thought, expression, belief, Equality of status and opportunity, Fraternity brotherhood, unity And Sovereignty
After the pre independence era India made country which is for the people by the people. The main value of constitution is democracy. The right to vote in India Is a constitutional and statutory right, primarily derived from Article 326 where India’s constitution gives more freedom to choose their leaders…And When they choose their leaders only for money… The question arises.. That they are citizens of country? When voters don’t carefully consider candidates’ backgrounds, records, or platforms, they can end up electing individuals with questionable ethics or even criminal ties democracy and dictatorship there are two ideologies which give birth to leader in ancient society the son of king considered as next king at that time people not aware about their but in modern India why people act like they don’t have part of India…?
When voters choose leaders without scrutiny, the consequences can be dire. Take Mukhtar Ansari, a five-time MLA from Uttar Pradesh who faced over 60 criminal cases, including murder and kidnapping. Enabled by caste loyalties and fear—B.R. Ambedkar’s ‘social tyranny’—Ansari wielded political power for decades, undermining the Constitution’s promise of justice and equality. His story, echoed in 2025’s UP by polls where 19% of candidates carry criminal records, shows how unthinking votes perpetuate a cycle of crime in politics.
Even in 2025, Mukhtar’s legacy haunts. His son, Abbas Ansari, an MLA, faces charges, hinting at a dynastic echo of crime. Mukhtar’s story is a warning: when voters choose without scrutiny, they enable a social tyranny that undermines democracy. The Preamble’s values—justice, equality, fraternity—demand more than blind ballots. They call for a society that rejects fear and favoritism to break the cycle of criminalized politics.
The criminalization of politics betrays the Preamble’s promise of justice and equality, as criminal leaders prioritize personal gain over public welfare. Criminal-politicians often manipulate laws, control resources, or protect illegal activities (e.g., Ansari’s extortion rackets). This leads to corrupt policies, misallocated funds, and weakened institutions, stalling development.
Corruption tied to criminal-politicians siphons resources, hindering economic progress and public services like healthcare or education. This entrenches inequality, undermining the Preamble’s vision of economic justice.
Every year Corruption deeply interconnected phenomena that undermine democratic institutions, economic development, and the rule of law. When politicians or public officials misuse power for personal or party gain, it leads to a breakdown in trust between the government and citizens. These actions are not only unethical but also legally punishable under various laws in India and globally zagraniczne.
Criminalization of politics refers to the growing number of elected representatives in India with criminal backgrounds.
Many are accused of serious offences like murder, rape, and corruption. Corruption and political crime are deeply interconnected phenomena that undermine democratic institutions, economic development, and the rule of law. When politicians or public officials misuse power for personal or party gain, it leads to a breakdown in trust between the government and citizens. These actions are not only unethical but also legally punishable under various laws in India and globally.
Use of Legal Jargon
In criminalization of politics, electoral disqualification means legally stopping someone from contesting elections, usually after conviction. Constitutional morality means politicians must act honestly and follow constitutional values. Judicial activism is when courts step in to protect rights if laws are missing. Presumption of innocence protects accused persons until proven guilty, but it’s often misused in politics. Democratic legitimacy means only clean candidates should represent the people. Penal consequences are punishments given after a court’s decision. Electoral malpractice refers to unfair or illegal election practices. Doctrine of severability allows courts to strike down only the bad parts of a law while keeping the rest valid.
Abstract
India’s democracy faces a growing threat from the criminalization of politics, with 46% of Lok Sabha MPs and 45% of MLAs in 2025 entangled in criminal cases, including heinous offenses like murder, per ADR findings. This article delves into the roots of this crisis—political-criminal collusion, lax laws, and voter apathy—while advocating robust reforms and public action to cleanse the system. It underscores the urgent need to restore integrity to India’s electoral landscape.
Case Laws
Union of India v. Association for Democratic Reforms
In the landmark case of Union of India v. Association for Democratic Reforms (AIR 2002 SC 2112), The Court directed the Election Commission to mandate disclosures through affidavits filed at the time of nomination. This judgment became a cornerstone in combating the criminalization of politics, empowering citizens to make informed choices and enhancing transparency in the electoral process.
Krishna Kant v. State of Haryana (AIR 1995 SC 91)
The Court observed that individuals holding public office must possess unimpeachable character and moral conduct, as their actions directly influence public trust in governance. This case underscores the need to keep criminal elements out of the political sphere to preserve constitutional values and good governance.
The Proof
According to the Association for Democratic Reforms (ADR) 2019:43% of Lok Sabha MPs elected in 2019 had declared criminal cases. Out of these, around 29% had serious criminal charges such as rape, murder, or attempt to murder. Over 120 sitting MLAs in various states face non-bailable warrant charges.
These figures present empirical validation of how criminality has been institutionalized within Indian politics.
Conclusion
The shadow of criminalization over Indian politics, fueled by systemic flaws and unchecked power, demands immediate action. Tougher laws, swift judicial processes, and empowered voters are key to dismantling this menace. As Nelson Mandela said, “It always seems impossible until it’s done.” India must rise to this challenge, forging a democracy where integrity triumphs over impunity, ensuring a governance that truly serves its people.
FAQS
1.How does criminalization of politics harm democracy?
It erodes voter trust, skews fair elections, and prioritizes personal agendas over public good, stalling progress.
2. How serious is this issue in 2025?
ADR data reveals 46% of Lok Sabha MPs and 45% of MLAs face criminal cases, with nearly a third charged with serious crimes like murder.
3.What fuels this problem?
A toxic mix of political-criminal alliances, weak legal enforcement, low conviction rates (6% in 2019), and reliance on money power drives it.
4.How can citizens make a difference?
Voters can reject candidates with criminal records, support transparency, and demand accountability from parties.
