Author :Satyam kumari, Himalaya Law college patna.
Abstract
National politics is not simply the interaction of political parties or governance at the central level ,but an evolving legal phenomenon influenced by constitutional mandates,statutory enactments, judicial interpretations and democratic conventions.The constitution of India ,the Representation of the people Act 1951 and several landmark Supreme Court judgements collectively provide the regulatory structure for political conduct. The paper explores electoral integrity,party politics,the criminalization of politics ,and the Judiciary’s active role in interpreting and preserving the spirit of democracy. With references to case laws and real -world data ,this article provides a well -rounded legal analysis of India’s national political ecosystem.
This article critically analyses the framework of national politics in India through a legal lens, highlighting constitutional provisions, statutory frameworks, political conventions, and case law. It discusses the interface between law and political conduct, the regulatory mechanisms guiding political parties, electoral integrity, and the role of judiciary in sustaining the democratic process. By drawing on judicial precedents and legal interpretations, the article aims to provide a comprehensive understanding of how national politics operates within the boundaries of law.
To The Point
National politics in India revolves around the formation and functioning of the central government,political parties activities,electoral processes, and governance mechanisms. The constitution establishes India as a sovereign,socialist,secular,democratic republic,The president elected through a unique electoral process,represents the ceremonial head of state.
The legal governance of national politics stems from the constitution and statutory laws such as:
The Delimitation Act
The Election commission guidelines
In this dynamic environment,national politics is also influenced by federalism, coalition dynamic,regional interest ,political funding and public opinion.The principle of “collective responsibility “ under Article 75 binds the executive , while Article 19 guarantees citizens the right to form political parties and freely express political opinions.
National politics in India refers to the activities of political parties, their interactions within the constitutional framework, and the implementation of public policy on a national level. It is governed primarily by the Constitution of India, the Representation of the People Act, 1951, and overseen by institutions like the Election Commission and the judiciary.
Legal Jargon in National Politics
Several legal terms and doctrines are fundamental to understanding national politics:
Constitutional mandate : obligation set by the constitution,like conducting free and fair elections.
Popular sovereignty: power ultimately rests with the people, exercised through periodic elections.
Executive Accountability:The council of ministers is answerable to the parliament.
Electoral Malpractices:Illegal or unethical actions such as vote buying,booth capturing,fake news.
Anti -Defection : A law designed to curb political defections and ensure party discipline.
Ultra Vires:Acts beyond legal power or authority,often used in judicial review of legislative or executive actions.
These legal expressions not only describe procedures and systems but also safeguard the constitutional morality and sanctity of India democracy.
Terms such as ‘constitutional mandate’, ‘popular sovereignty’, ‘legislative supremacy’, ‘federalism’, ‘executive accountability’, and ‘electoral malpractices’ are crucial to understanding national politics. For example, ‘ultra vires’ actions of political parties may be struck down if found inconsistent with constitutional provisions.
The Proof
India democratic process is often marred by unethical practices, which are exposed through statistical data and watchdog reports.
In the 2019 Lok Sabha elections, 43% of elected MPs had criminal charges against them .
The proportion of candidates with serious criminal cases increased by over 109% from 2009 to 2019.
Lack of transparency in political funding remains a major concern .
Over 60% of funding sources of national parties are opaque,as per ADR.
The Election commission of India (ECI) reported a significant rise in the use of digital platforms and social media for campaigning.While this enhances outreach,it also introduces new legal challenges related to misinformation,privacy violation.
For instance ,petitions have led to the enforcement of mandatory disclosure of candidate details and the implementation of Voter Verified paper Audit Trails (VVPATs).
The Election Commission’s data reveals an increasing number of criminal cases against elected representatives. In 2019, over 43% of MPs had declared criminal charges against them. The Association for Democratic Reforms (ADR) has repeatedly emphasized the lack of transparency in political funding, underlining a critical legal and ethical concern in national politics.
Case Law
Agee landmark Supreme Court judgements have played a defining role in shaping national politics:
1. Union of India v. Association for Democratic Reforms (2002) – The Supreme Court upheld the citizen’s right to know about the criminal antecedents and financial assets of electoral candidates under Article 19(1)(a).
2. Kihoto Hollohan v. Zachillhu (1992) – Interpreted the Tenth Schedule, reinforcing the anti-defection law as a check on political corruption.
3.Lily Thomas v. Union of India (2013)
Struck down section 8(4) of the Representation of People Act, disqualifying convicted MPs and MLAs immediately upon conviction, rather than waiting for appeals.
4. Indira Nehru Gandhi v. Raj Narain (1975)
Conclusion
National politics in India is a reflection of its democratic maturity ,legal sophistication, and constitutional resilience . It is not merely a game of numbers; it is a constitutionally regulated framework balancing competing interests within democratic ideals. However, challenges like electoral malpractices, criminalization of politics, and weakened parliamentary debates persist. Reforms aimed at enhancing transparency, strengthening institutions, and curbing unethical conduct are the need of the hour. It is governed not just by party ideologies or electoral arithmetic but by a robust legal framework that balances rights and duties ,liberty and order and political ambition with constitutional morality .
Judicial activism ,civil society vigilance and voter awareness must collectively uphold the sanctity of national politics.Democracy cannot survive merely through election ; it thrives when the rule of law, transparency.
Frequently Asked Questions (FAQ)
Q1: What is the legal framework governing national politics in India?
A1: The Constitution of India, the Representation of the People Act, 1951, and judicial precedent form the legal foundation of national politics .
Q2: What role does the judiciary play in national politics?
A2: The judiciary ensures that political actions comply with the Constitution and strikes down unconstitutional practices, thus preserving democratic norms.
Q3: What is the anti-defection law?
A3: Under the Tenth Schedule, the anti-defection law prevents elected members from switching parties post-election without facing disqualification.
Q4: Can voters access information about candidates?
A4: Yes, following the ADR judgment, candidates must disclose criminal, financial, and educational details
