Abstract: The increasing criminalization of politics in India, whether in the administrative or political sphere, is a major problem in India. It is a serious problem and continues to get worse. Criminalization of Indian Politics Politicization also has a huge impact on the law-and-order situation in the country. This incident raises questions about the credibility, effectiveness, and impartiality of the Indian police. This created a certain distrust of the police force in the society at large. But after independence, many changes took place in Indian politics. The rule of law was now simply a matter of law. From now on, only criminals ruled. India and democracy were now in the hands of these criminals. The country and its administrators are supported. In Indian politics, political parties give tickets to criminals. The trend of electioneering has grown very fast. And when these people win elections and the laws of the state are brought to the Parliament and the Assembly, these people are only polluting the democracy. And these people are right, not by victory but by force. Sometimes it seems that we are not living in a democracy but in a jungle so dense that we live in a kingdom without law. The situation then becomes dire. Elections in India are very expensive. Corruption is at the root of this expensive electoral process. The increasing criminalization in this country is due to voters, political parties, and the law enforcement system. This criminalization of politics can be mitigated so that the state can prevent abuse of power
Introduction: Criminalization of politics has become a persistent phenomenon in Indian politics. It is important to discuss this issue because it is against the spirit of democracy. A regime that should be governed by law has turned into a regime of money and muscle power. What is even more astonishing is the acceptance of these elements by both the political entities and the masses, that is, the people have a duty to act against the values of the democratic system. Hence, we can say that democracy has become the antithesis of democracy. This has led to the negation of all the democratic guarantees provided by our constitution; that is, the three organs that are supposed to check each other – the legislature, the executive, and the judiciary – have been weakened and their roots have been corrupted. The number of political parties has seen a marked increase in the country. This increase in the number of political parties is not due to an improvement in political standards; rather, it is an indication that standards have fallen to a deplorable level and that the spirit of nationalism is waning. This can be inferred from the pathetic living conditions of the people. The political arena now attracts criminals and thugs with a proven track record of thuggery, who aim to enrich and dominate the law-abiding officials and citizens.
Points:
CAUSES OF POLITICAL CRIMINALIZATION IN INDIA :
After understanding that political criminalization is a much deeper issue than it appears, it becomes imperative to understand the issues that contribute to the criminalization of politics in our country. The issue of such incidents should be seen as a black mark on democracy, where those who are supposed to have a definite vision for the country are identified but are not allowed to do so. Caste and Religioning our country, any major institution that is parallel to caste and religion seems to be quickly corrupted(at least in this case), the country is supposed to be run by politicians who are expected to make laws or rule the country, steeped in the sanctity of the religion of their respective caste system. The line between private and public life is now completely blurred, as politicians try to impose the views of their religious masters on the public. The basic understanding that these are personal laws, up to everyone, will never be achieved. Therefore, when these people influence the support of certain sections of the society, they have the right to use unethical means. . The dangerous relationship between the branches of government has complicated matters. The relationship between them has led many politicians to believe that they can influence the laws for themselves. This mentality of politicians has tarnished the image of politics in the country.
Political interference in administration Political interference in the field of law making is another effect that comes from this cause. Politicians have entered the field of administration, abandoning what they are supposed to do. The administrative organs of the government also tend to be overthrown by these politicians. The entanglement of politicians with the administration has led to the increasing corruption of civil servants as well as other politicians, who are out to earn more money, which ultimately leads to the country’s politics falling into the hands of these criminals. Public Opinion In a country like India, where freedom of speech is a fundamental right of citizens,11 there seems to be a lack of strong public opinion against corruption. The issue that has destroyed so many lives and has the potential to destroy many more is also a topic that is almost never talked about. It is only when an individual knows how this phenomenon affects their lives that they open their mouths, but by then it is too late.
The silence of the country on some of the related issues in the society makes it practically impossible to raise awareness about the disastrous effects this leads to. Since the entire Indian society is underdeveloped, poor, and illiterate, these criminals have an upper hand in the society. This further upsets the nature of the shrewd politicians who want to satisfy their greed. Politicians who only care about their own interests become criminals, stopping at nothing, and making sure they get what they want, no matter the cost.
Proof: The most common crimes of fugitive leaders. Here are some examples. Mohammad Shahabuddin, who was an MP four times between 1996 and 2008, is an RJD MP. He became the Home Minister in Dive Gowda’s government. And kill them, 35 kidnappings have been recorded. Mukhtar Ansari became an independent MLA from Mau in Uttar Pradesh in 2007. Before that, he was in Haripur jail. Arjun Gable is one of the most notorious executives of Mumbai’s criminals. Sheba Serene, the chief minister of Jharkhand, was convicted of murdering her secretary. Raja Bhatia, the leader of the Samajwadi Party of Uttar Pradesh. He is a criminal. But that is not the case. Philpot, the MP from Uttar Pradesh, and the MP from Uttar Pradesh, is currently facing 35 cases. Politics today is the politics of last resort for those who have no faith. No, but it is considered the first resort. And so, it has become. Growing up in politics and administration is another reason for the criminalization that is the current link between the two. Abuse of power and risk is increasing. And many cases have also been revealed to prove this.
To restrain criminalization in politics, we have four main tools.
(a) Constitution
(b) Legislation
(c) Enforcement
(d) Judiciary
The Indian Constitution provides for disqualification from membership in the Lok Sabha and the State Assemblies in Article 102, but does not explicitly bar a criminal from being a member of either house. Similarly, Section 191 lays down the criteria for disqualification from being a member of the State legislature, but says nothing about criminal restrictions. Our legendary framers of the Constitution would not have thought of such a scenario. Legislative power, that is, it is vested with the power to make laws, under Article 327 of the Constitution. The Parliament can make laws relating to elections to the House of People and the State Legislative Assemblies from time to time. The Parliament has framed a host of statutes, regulations, ordinances under this provision. Among these laws is the Representation of the People Act, 1951. Section 8 of this Act disqualifies a person convicted of various offences covered by various existing laws. In a democracy, any conviction is subject to subsequent judicial review. Unfortunately, the R.P. Act, 1951 and other provisions of law are inadequate. The Election Commission of India is an autonomous constitutional body responsible for announcing, conducting, supervising, and monitoring elections, vested with extensive powers under Articles 324 to 329 of the Constitution. The Election Commission of India has conducted several general elections and by-elections in India, the largest democracy with unity in diversity, gracefully and peacefully. The Election Commission of India is making sincere efforts towards transparency. The ECI has always been quick to introduce timely reforms to ensure free and fair elections. Even in the absence of direct legislation, in curbing the impact of criminalization, the ECI has played a notable role.9The judiciary is also an important instrument of democracy. Under Articles 32 and 226 of the Constitution, the Supreme Court and the High Courts can issue directions, orders, or orders to enforce the powers conferred under Part III. Furthermore, under Section 40 of the R.P. Act, 1951, election disputes must be resolved by the High Court and the Supreme Court.
Case Laws:
1)People’s Union for Civil Liberties v. Union of India and another case (NOTA case*)13Rule 49-M of the Election Conduct Rules, 1961. and under Section 128 of the Representation of the People Act, 1951. The pillars of prayer and liberty are the freedom of election and the freedom to vote. The petitioner further contended that Article 32 and the jurisdiction of the petition do not apply to the right to vote as it is a statutory right. After careful consideration, the Court came to the following conclusion regarding the scope of fundamental rights under Article 19(1)(a) of the Constitution: The ruler must be democratically chosen for the country to function. By allowing voters to select “None of the above” (NOTE*), political parties will be encouraged to field more candidates. 13 P21 Qualified Candidates. The fundamental feature of the Constitution of India, free and fair elections, protects and will indirectly contribute to the decriminalization of politics. The Supreme Court upheld the right of dismissal in the context of Article 19. The petitioner invoked Article 32 of the Constitution to file the PIL challenging the constitutionality of Rules 41(2) and (3) and 49-O.
2. Dinesh Trivedi M.P. and Others v. Union of India:
In this case, a petition was filed, asking the Supreme Court to release the basic documents of the Vohra Commission report submitted to the government in July 1993. Only the recommendations were submitted, not the full report, but the basic documents of the report were not released. The petitioner could not obtain the basic documents of the report from the UOI Home Department and filed a complaint involving two NGOs. In this case, the most important part of the judgment was that the Supreme Court’s affirmation of the petitioner’s right to freedom of information opened the door to his attempt to decriminalize politics. To decriminalize politics, the Supreme Court recommended the appointment of a high-level committee to thoroughly review the Vohra Commission and its findings
3) People’s Union for Civil Liberties v. Union of India and another case (NOTA case*)13Rule 49-M of the Election Conduct Rules, 1961. and under Section 128 of the Representation of the People Act, 1951. The pillars of prayer and liberty are the freedom of election and the freedom to vote. The petitioner further contended that Article 32 and the jurisdiction of the petition do not apply to the right to vote as it is a statutory right. After careful consideration, the Court came to the following conclusion regarding the scope of fundamental rights under Article 19(1)(a) of the Constitution: The ruler must be democratically chosen for the country to function. By allowing voters to select “None of the above” (NOTE*), political parties will be encouraged to field more candidates. 13 P21 Qualified Candidates. The fundamental feature of the Constitution of India, free and fair elections, protects and will indirectly contribute to the decriminalization of politics. The Supreme Court upheld the right of dismissal in the context of Article 19. The petitioner invoked Article 32 of the Constitution to file the PIL challenging the constitutionality of Rules 41(2) and (3) and 49-O.
Conclusion Unfortunately, the criminalization of politics, a serious problem faced by our country, has not been able to be managed after 75 years of independence due to the lack of adequate and appropriate laws and regulations. Certainly, a legislature empowered by the Constitution to make laws and regulations relating to elections has not fulfilled its mandate of merely gaining and retaining power. It is necessary that all political parties unite as a pious duty towards the roots of democracy by supporting and strengthening the ruling party in decriminalizing politics. The Indian judiciary, as the custodian of free and fair elections, has very effectively analysed the situations and provisions of the constitution along with the concept of fundamental rights, delivered effective judgments and issued appropriate directions to the Election Commission of India to help control the criminalization of elections. politics. The judiciary also repealed several provisions of the Representation of the People Act 1951, which posed obstacles or hesitations in controlling the criminalization of politics. The judiciary has provided that in the absence of any other specific law, the Election Commission of India can issue orders and directions to make the electoral process free and fair, including restricting the criminalization of electoral politics. Judicial power has its limits. The primary duty of the legislature is to provide fair and effective laws and rules and to impose legal and ethical obligations on political parties.
Frequently asked questions:
What is the recent trend?
ADR data reveals that the number of candidates with criminal charges elected to the National Assembly has increased since 2004.In 2004, about 24% of MPs faced criminal charges. In 2009, this rate increased to 30%, then to 34% in 2014. In 2019, no less than 43% of deputies were prosecuted.
According to a recent report released by ADR, in the recent elections in Karnataka, about 45% of the candidates were facing criminal cases. Nearly 30% of them were charged with serious crimes, including rape and murder.
