Criminalization of Politics

What does the RPA say on this?

Currently, under the Representation of Peoples (RP) Act, lawmakers cannot contest elections only after their conviction in a criminal case.

Section 8 of the Representation of the People (RP) Act, 1951 disqualifies a person convicted with a sentence of two years or more from contesting elections. But those under trial continued to be eligible to contest elections. 

Efforts by SC in this regard:

The SC has repeatedly expressed concern about the purity of legislatures.

1. In 2002, it made it obligatory for all candidates to file an affidavit before the returning officer, disclosing criminal cases pending against them.

2. The famous order to introduce NOTA was intended to make political parties think before giving tickets to the tainted.

3. In its landmark judgment of March 2014, the SC accepted the urgent need for cleansing politics of criminalisation and directed all subordinate courts to decide on cases involving legislators within a year, or give reasons for not doing so to the chief justice of the high court.

The trend:

According to the ADR’s analysis of EC data, 187 MPs in the current Lok Sabha face criminal charges (that is, 34.4%). Of them, 113 face serious criminal charges. The number has gone up from 162 (76 serious) charges in 2009 and 128 (58 serious) in 2004.

Main reasons for Criminalization:

• Corruption

• Vote bank.
• Lack of governance.

What is the way out?

There are three possible options.

• Political parties should themselves refuse tickets to the tainted.
• RP Act should be amended to debar persons against whom cases of a heinous nature are pending from contesting elections.
• Three, fast-track courts should decide the cases of tainted legislators quickly.

Other suggested measure to curb criminalization of politics:

• Bringing greater transparency in campaign financing

•  audit the financial accounts of political parties
• political parties’ finances should be brought under the right to information (RTI) law.

• The forms prescribed by the Election Commission for candidates disclosing their convictions, cases pending in courts and so on in their nomination papers is a step in the right direction if it applied properly.