The Criminalisation of Politics: Meaning, Causes & Legal Aspects
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GS Paper |
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Topics for UPSC Prelims |
Role of Election Commission, RPA Act, 1951, Supreme Court Directives on Disclosure of Criminal Records, Political Parties and Candidate Selection |
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Topics for UPSC Mains |
Judicial and Electoral Reforms, Role of Supreme Court Judgments, Impact on Democratic Institutions and Electoral Integrity |
The criminalisation of politics is a serious threat to Indian democracy. It refers to the increasing participation of individuals with criminal records in electoral politics. This issue is not new, but it has grown in scale and seriousness. For students preparing for the UPSC examination, the topic criminalisation of politics UPSC is highly relevant, especially for GS Paper II (Governance, Constitution, Polity) and Essay Paper. It involves the intersection of crime, governance, and law-making. The criminalisation of politics in India affects the quality of governance, erodes public trust in institutions, and weakens the rule of law. This article explains the concept, data, legal measures, constitutional issues, and reforms needed to tackle it.
This article aims to shed light on the multifaceted aspects of this issue, focusing on its implications in India and its relevance to UPSC aspirants.
What is Meant by Criminalisation of Politics?
The criminalisation of politics refers to the entanglement of criminal elements within the political domain. It signifies the active involvement and participation of individuals with criminal backgrounds in electoral processes, political parties, and governance. Such individuals may have been convicted of criminal offenses, involved in illegal activities, or have links to criminal networks. The criminalisation of politics not only includes their participation in politics but also the perpetuation of corruption, influence-peddling, and the erosion of democratic values.
Vohra Committee
Former Indian Home Secretary N. N. Vohra submitted the Vohra Committee Report in October 1993. The report examined the issue of the criminalization of politics and the interconnection among criminals, politicians, and bureaucrats in India.
Statistical History of Criminalisation of Politics in India
As per data from the Association for Democratic Reforms (ADR), there has been a steady rise in the number of elected representatives with criminal backgrounds in the Indian Parliament since 2004. In the 2004 Lok Sabha, 24% of MPs had ongoing criminal cases, which increased to 43% in 2019. A petition filed in February 2023 highlighted a 44% rise in MPs with declared criminal cases since 2009. During the 2019 elections, 159 MPs were found to have serious charges such as rape, murder, attempt to murder, kidnapping, and crimes against women. In the recently elected 18th Lok Sabha (2024), ADR reported that 43% of MPs have declared criminal cases, with 29% facing serious criminal charges. The trend underscores the growing normalization of criminalisation of politics in India. Party-wise, the BJP has the highest number of MPs with criminal cases, followed by the Congress, with all major parties fielding candidates with pending charges, often prioritizing "winnability" over a clean record.
Criminalisation of Politics Data Over the Years
This table shows a consistent rise in the criminalisation of politics 18th Lok Sabha and earlier.
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Year |
Percentage of MPs with Criminal Cases |
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2004 |
24% |
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2009 |
30% |
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2014 |
34% |
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2019 |
43% |
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2024 |
43% (same, but cases more serious) |
Study Important Articles of the Constitution of India here.
Criminalisation of politics in India stems from weak legal enforcement, misuse of money and muscle power, delayed judicial processes, and political parties prioritizing winnability over integrity in candidate selection.
- Lack of Internal Party Democracy: Limited internal democracy within political parties can result in the nomination of candidates with criminal backgrounds.
- Dynastic Politics: Inherited political positions contribute to the perpetuation of individuals with criminal records entering the political arena.
- Vote-Bank Politics: Parties sometimes field candidates with criminal connections to secure votes from specific communities or regions.
- Weak Law Enforcement: Inadequate law enforcement allows individuals with criminal records to enter politics without facing necessary consequences.
- Economic Factors: Limited economic opportunities can push individuals with criminal backgrounds towards politics as an alternative means of livelihood.
- Corruption: A culture of corruption can lead to the acceptance of candidates with criminal records as long as they bring financial support to the party
- Election Expenditure: High costs of elections may drive parties to support candidates with criminal backgrounds who can fund their own campaigns.
- Lack of Awareness: Voters may lack awareness about the criminal records of candidates due to limited access to information or misinformation.
Implications of Criminalisation of Politics
Criminalisation of politics undermines democratic values, erodes public trust, promotes corruption, weakens governance, and allows lawbreakers to become lawmakers, ultimately compromising the rule of law and inclusive development in India.
- Erosion of Public Trust: The presence of politicians with criminal backgrounds can erode public trust in the political system and its ability to uphold ethical standards.
- Undermining Democratic Values: The criminalization of politics undermines the foundational pillars of democracy, such as transparency, accountability, and the rule of law.
- Compromised Governance: Politicians facing criminal charges may prioritize personal interests over public welfare, leading to compromised governance and policy decisions.
- Increased Corruption: The nexus between crime and politics can contribute to an environment conducive to corruption, with illicit activities influencing political decision-making.
- Deterrence to Good Candidates: The prevalence of criminal elements in politics may discourage qualified and ethical individuals from entering public service, limiting the pool of capable leaders.
- Threat to the Rule of Law: Lawmakers with criminal records undermine the very essence of the rule of law, setting a negative precedent for legal and judicial systems.
Representation of the People Act, 1951
- Section 8 disqualifies convicted individuals for six years after conviction.
- But candidates with chargesheets can still contest elections.
Supreme Court Judgments
- Union of India v. ADR (2002): Mandatory disclosure of criminal background, assets, and education.
- Lily Thomas v. Union of India (2013): Convicted MPs/MLAs lose their seat immediately.
- Public Interest Foundation v. Union of India (2018): Directed political parties to publish criminal details of candidates.
- 2020 Order: SC directed parties to give reasons for fielding tainted candidates.
Role of Election Commission
- The EC has tried to make disclosures more transparent.
- Candidates must publish criminal history in newspapers and TV at least 3 times.
Government Initiatives to Tackle Criminalisation of Politics
- Electoral Reforms: The government has introduced electoral reforms to enhance transparency, accountability, and reduce the influence of money and muscle power in elections.
- Legal Scrutiny: Specialized courts and fast-track legal processes have been implemented to expedite the trial of politicians facing criminal charges, ensuring swift and impartial justice.
- Asset Disclosure: Politicians are required to disclose their assets, liabilities, and criminal records, providing voters with crucial information to make informed choices during elections.
- Educational Initiatives: The government has initiated awareness programs to educate voters about the criminal records of candidates, promoting an informed electorate.
- Political Party Accountability: Measures have been taken to hold political parties accountable for fielding candidates with criminal backgrounds, encouraging parties to nominate cleaner candidates.
- Collaboration with Civil Society: The government collaborates with civil society organizations to foster public awareness and engage citizens in the fight against the criminalization of politics.
- Use of Technology: Leveraging technology, the government facilitates easy access to information about candidates, including their criminal records, through online platforms and databases.
Also, read Election Laws in India here.
Supreme Court Judgements Associated with Criminalisation of Politics
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Case |
Key Ruling |
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Association for Democratic Reforms v. Union of India (2002) |
In 2002, Supreme Court mandated candidates to disclose criminal, financial, and educational records when contesting elections. |
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Ramesh Dalal vs. Union of India (2005) |
In 2005, Supreme Court ruled that sitting MPs or MLAs would be disqualified if convicted and sentenced to imprisonment for two years or more. |
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Lily Thomas v. Union of India (2013) |
The Supreme Court declared that MPs or state legislative assembly members convicted and sentenced to two years or more would be disqualified. |
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Manoj Narula v. Union of India (2014) |
Delhi High Court held that a person couldn't be disqualified from elections based solely on criminal charges; emphasized parties avoid nominating candidates with criminal backgrounds. |
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Public Interest Foundation v. Union of India (2019) |
Supreme Court directed political parties to publicly disclose candidates' criminal records on websites, social media, and newspapers. Also instructed the ECI to establish an effective framework for disseminating this information. |
Some Critical Observations by Supreme Court on the Criminalisation of Politics
- Landmark Judgments
- Lily Thomas vs. Union of India Case
- Public Interest Foundation vs. Union of India Case
- Supreme Court's Concerns and Recommendations
- Urgent Need for Legislative Reforms
- Disqualification of Politicians with Criminal Backgrounds
- Disclosure of Criminal Records
- Fast-Track Trials and Timely Dispositions
- Stricter Scrutiny of Candidates by Political Parties
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Key Takeaways for UPSC Aspirants
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Conclusion
The criminalisation of politics poses a significant threat to the democratic fabric of nations worldwide. It demands immediate attention and comprehensive actions to dismantle the nefarious nexus between criminals and politics. UPSC aspirants play a crucial role in shaping the future of the nation, and their awareness and engagement in combating this issue are paramount. By understanding the dimensions and implications of the criminalisation of politics, aspirants can contribute towards building a more transparent, accountable, and inclusive political system.
After reading this article on the Criminalisation of Politics, all your doubts should be cleared. Use the Testbook App to ace your UPSC preparation.
