Criminalization of politics refers to the infiltration of criminals or individuals with a history of criminal activities into the political process. This phenomenon occurs when individuals with criminal backgrounds, such as those who have been convicted of serious crimes like murder, corruption, and money laundering, are able to successfully run for public office, hold political positions, or exert influence on political parties or leaders.
Criminalization of politics can
have negative impacts on democratic institutions and the rule of law, as it can
lead to a breakdown of trust in government and undermine the legitimacy of
democratic processes. It can also result in the creation of a culture of
impunity, where criminal activities are normalized and tolerated in political
circles.
Legal aspect of disqualification
of legislature with conviction for crime:
The Indian Constitution does not
outline the criteria for disqualifying a person from running for elections.
However, the Representation of Peoples Act 1951 specifies that a person
convicted of certain offenses and sentenced to more than two years in jail
cannot contest elections for six years after their release. The law does not
prevent individuals with pending criminal cases from contesting elections, and
disqualification depends on their conviction in these cases.
Reason for criminalization of
politics in India:
There are several reasons why
criminalization of politics has become a prevalent issue in India:
1. Weaknesses
in the Political System: The Indian political system has various weaknesses
that make it easier for individuals with criminal backgrounds to enter
politics. For example, political parties often rely on money and muscle power
to win elections, and they may overlook the criminal backgrounds of their
candidates if they can help the party win.
2. Low
Public Awareness: Many voters in India may not be fully aware of the criminal
backgrounds of the candidates they are voting for, or they may feel that the
candidates with criminal records are better equipped to protect their interests
and address their concerns.
3. Slow
Judicial Process: The slow pace of the Indian judicial process can lead to
delays in the prosecution of criminal cases against politicians, allowing them
to continue in office and even contest elections. Lack of Accountability: There
is often a lack of accountability among political leaders in India, as they may
use their influence and power to protect themselves from legal consequences.
4. Inadequate
Laws: The existing laws in India do not provide adequate measures to prevent
individuals with criminal records from entering politics or holding public
office. For example, the Representation of Peoples Act, which outlines the
criteria for disqualifying candidates with criminal records, only applies to
those who have been convicted and sentenced to more than two years in prison.
Candidates with pending criminal cases can still contest elections.
Overall, the
criminalization of politics in India is a complex issue that is influenced by
several factors. Addressing this problem will require a multifaceted approach
that involves strengthening the political system, increasing public awareness,
improving the judicial process, ensuring accountability among political
leaders, and enacting more effective laws.
Impact:
The
criminalization of politics can have several negative impacts on a society,
including:
1. Weakening
of Democratic Institutions: When individuals with criminal backgrounds are
allowed to hold public office, it can undermine the legitimacy of democratic
institutions and the rule of law. It can lead to a breakdown of trust in
government and a sense of powerlessness among citizens.
2. Impunity:
The presence of criminal elements in politics can create a culture of impunity,
where criminal activities are normalized and tolerated in political circles.
This can result in a situation where corrupt practices become the norm and are
no longer considered illegal or immoral.
3. Corruption:
Criminalization of politics often leads to corruption as those with criminal
backgrounds may use their power and influence for personal gain. This can
result in mismanagement of public funds, lack of accountability, and the
inability of government to deliver essential services to the citizens. Criminalization
of Society: When criminals are allowed to hold public office, it sends a
message that criminal activities are acceptable and even rewarded. This can
lead to the wider criminalization of society as more individuals may be tempted
to engage in criminal activities.
4. Deterioration
of Social Cohesion: Criminalization of politics can lead to the erosion of
social cohesion as citizens may lose faith in the political system and become
increasingly disillusioned. This can result in polarization and division, and
can ultimately threaten the stability and unity of society.
Overall, the
impact of criminalization of politics can be far-reaching and damaging. It is
essential to address this problem and take steps to ensure that politics
remains free from criminal elements and that democratic institutions remain
strong and resilient.
Way ahead:
State Funding
of Elections: Monetary power plays important role during election and after and
hence funding is important for the politicians. Various committees (Dinesh
Goswami, Inderjeet Committee) on the electoral reforms have recommended state
funding of elections which will curb use of black money to a large extent and
thereby will have a significant impact on limiting criminalization of politics.
Strengthening
Election Commission: Regulating the affairs of a political party is essential
for a cleaner electoral process. The political parties tend to adopt various
unfair means for victory in the election either to come to power or retain
power and hence promote criminal culture. Therefore, it is imperative to
strengthen the Election Commission of India.
Vigilant
Voters: Political awareness among the voters is as important as any other in a
democratic politics. Without informed and aware citizenry the true democracy
cannot be realized. Voters also need to be vigilant about misuse of money,
gifts and other inducements during elections.
Proactive Role
of Judiciary: Given the reluctance by the political parties to curb
criminalisation of politics and its growing detrimental effects on Indian
democracy, Indian courts must now seriously consider banning people accused
with serious criminal charges from contesting elections.
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