CRIMINALIZATION OF POLITICS - A GRAVE THREAT TO INDIAN DEMOCRACY

Dr. Kalpana Devi1

Ms. Himanshi sonker2

ABSTRACT

India is a democratic nation, and in a democracy, each citizen elects their own representative, who is then in charge of running
the nation. As a result, it is crucially necessary for anyone considering a career in politics to have a positive reputation and high
moral standards. The criminalization of politics has become a problem for Indian democracy and is now an unpleasant reality.
It is crueller than terrorism. The criminalization of politics in India has emerged as a very serious issue in recent years, which
is what this essay tries to investigate. Several political figures have allegedly shown a lack of faith in democratic principles and
procedures. They resort to violence and other undemocratic tactics to win elections. Political trends like this are undoubtedly
unhealthy, and it is important to put a significant check on them. The Objective of the paper is to know India’s democratic
process adversely affected by the criminalization of politics ever since independence. The institutions of the corrupt bureaucracy
in India are enabling criminals to hold the democratic institutions there in their filthy hands. The administration of law and
order and the court system both suffer from the criminalization of politics. It is becoming far more difficult, if not impossible, to
secure the convections of criminals in serious offences. In order to force political parties to change their ways, it is imperative
that people immediately wake up.

Keywords: Democracy, Criminalization of politics, Lack of governance, Election commission, Corruption, Rule of law

INTRODUCTION In Rambabu Singh Thakur v Sunil Arora the apex court has
directed the political party. To furnish elaborate information
In Indian politics, the criminalization of politics has emerged regarding the criminal record of the chosen candidate. In the
as a persistent phenomenon. This needs to be discussed because Case of Union of India v. Association for Democratic Reforms
it goes against the basic foundations of democracy. A rule that and Another apex Court held that it is right of citizen to know
was supposed to be guided by the law has instead become a the background of the Candidate.
rule of money and force. This results in the rejection of every
democratic safeguard outlined in our constitution, meaning that CRIMINALISATION OF POLITICS
the legislative, executive, and judicial branches of government,
In a perfect world, one would define “Criminalization” before
which were meant to keep one another vigilantly in check, are
“Politics,” but in the context of this topic, it is more important
weakening and becoming corrupt. The number of political
to define “Politics” because it is essential in setting the criteria
parties has skyrocketed across the nation 3. This increase of
of “Criminalization.” In accordance with the Merriam-Webster
political parties does not reflect a growth in political standards;
definition, “politics” is referred to as “the art or science
rather, it is a sign of the decline of standards to pitifully low
concerned with leading or influencing governmental policy.”
levels and the weakening of the nationalist spirit. As a result,
The only logical course of action is to broaden the definition
instead of being a profession devoted to improving the welfare
of political criminalization to include all facets of government.
of the subjects in question, politics in the country has evolved
The term “criminalization of politics” describes how criminals
into a lucrative business.
are increasingly choosing to participate in elections and become
LITERATURE REVIEW elected officials.

To complete the research Paper exhaustive literature review REASON FOR THE CRIMINALISATION OF
has been done. Various articles in news papers and website POLITICS
and books has been studied to know the reasons of
Vote Bank
criminalization of politics and its impact on the society and
[Link] Sharma in his article “All you need to know These criminals, or so-called goondas, are used by political
about criminalization in Indian politics” explain the reasons parties and independent candidates to spend enormous sums
and circumstances of criminals in the main streams. of money on vote buying and other illegal activities. An

1
Assistant Professor, CLS GIBS
2
BALL 8 CLS GIBS [Link]
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[Link]

Anusandhan The Research Repository of GIBS 102 Volume 5, Number 1, November 2022
environment that is favourable for political crime is created by criminals supply. In order to win over the nation’s voters, these
a politician’s connections to their constituents. The majority politicians opted for brute force.
of voters in this country are those who do not understand the
Money Power
importance of voting. The majority of voters can therefore be
manipulated and bought. Political parties have a long history It is a well-accepted fact that huge election costs are the major
of courting criminals and offering them cabinet positions in cause of corruption in India.
exchange for votes, as their clout and financial might are
essential. A candidate spends lakhs of rupees to get elected, and even if
he gets elected, the total salary he gets during his term as a
Corruption legislator will be meagre compared to his election
expenses.5However, criminal activities help in generating a
Every party, without exception, nominates candidates with a
huge amount of money to fund the elections.
criminal history during an election. Even though some of us
complain about the parties’ choice, the general trend is for these Denial of Justice and Rule of Law
candidates to win the election. By acting in this way, we fail to
recognise that the greatest power that democracy gives the In today’s Indian electoral politics, criminalization is a reality.
people is the ability to remove ineffective leaders from office. The state’s law-and-order apparatus, political parties, and voters
Independence was achieved over the course of two stages. The are all equally to blame for this. Laws that are ineffective in
institutions were corrupted in the first stage, and corruption preventing convicted felons from running for office further
was institutionalised in the second. Corruption thrives when support this trend. Only those who have been found guilty on
the rule of law is disregarded and paired with the criminality at least two counts are currently prohibited from holding office.6
of politics. India is placed 66th out of 85 countries in the 1998 Charged criminals, many of whom are repeat offenders or
Corruption Perception Index by the Berlin-based German non- history sheeters, have a wide field of play. Why someone should
governmental organisation Transparency International.4 This be found guilty on two charges and barred from running in
indicates that 19 countries were thought to be more corrupt elections is quite puzzling. Definitions are the underlying
than India, and 65 countries were thought to be less corrupt. source of the issue. A person is not a criminal till they have
Lack of Governance been found guilty, therefore. A candidate cannot be disqualified
from running for office based only on charge sheets or open
The country’s weak ability to govern is the primary cause of cases. In light of this, the law needs to be adjusted.
the problem of the criminalization of politics. On the one hand,
THE VOHRA COMMITTEE O”CRIMINALISATION
India uses a lot of procedures to let the bureaucracy get involved
OF POLITICS.”S
in people’s everyday lives, but on the other, it seems like it has
a terrible staffing problem that prevents it from carrying out The Vohra Committee on “Criminalization of Politics” was
its most important duties. established to determine the degree of the relationship between
Loop Holes In the Functioning of the Election politics and crime and make recommendations for how to
Commission address it effectively. The criminal network, which had
essentially been acting as a parallel government, was the subject
To break the connection between criminals and politicians, of multiple remarks made by official agencies in the study.
the Election Commission must take the necessary steps. If used The Vohra Committee Report also covered how the criminal
appropriately, the forms provided by the Election Commission gangs benefited from political assistance and were shielded
for candidates to use when declaring their convictions, court from law enforcement officials. According to the report,
proceedings now underway, and other information in their politicians have evolved into gang bosses. Criminals have been
nomination papers is a positive move. The rules created by the elected to the State Assemblies, the Parliament, and local bodies
commission are hardly ever known by the general public. The over the years.
viability of our democratic democracy depends on closing this
The Supreme Court in Shri Dinesh Trivedi, M.P. & Ors
gap and eliminating unpleasant forces from politics. The
success rate of this gradual process is directly correlated with V. Union Of India & Ors, 19977 describe that muscle-power
the rise in India’s literacy rate. network that politicians deploy during elections is essentially
developed using the money power. To secure the prosecution
Muscle Power
of those involved and ensure an in-depth investigation of the
The use of force has traditionally characterised Indian politics. N. N. Vohra Committee’s findings, it was advised that a high-
Today, many politicians prosper thanks to the muscle that level committee be appointed. It also stated that it was necessary
4
[Link]
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[Link]
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[Link]
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“to take urgent stock of all available information about the CASE LAW
activities and links of all... (Customs, Revenue, Intelligence,
etc.) to gather the required information.” In Union Of India V. Association Of Democratic Reforms10the
court force the adoption of several recommendations regarding
The Vohra Committee concluded by restating the fact that the improvement of the fairness, transparency, and equity of
intelligence agencies must be established to handle the issue the electoral process in [Link] association of Democratic
of the criminalization of politics in order to stop it. Reform(NGO) s filed a suit with the Delhi High Court. As part
PROVISIONS IN THE INDIAN CONSTITUTION TO of its duties under Article 324 of the Constitution, the Election
UPHOLD FAIR AND FREE ELECTIONS IN INDIA. Commission was instructed to get affidavits from the candidates
in this instance regarding their criminal charges. Whether the
1. Article 324 of the Indian Constitution grants powers to candidate is convicted, exonerated, or released of any offence
the Election Commission of India to direct and control carrying a two-year prison sentence. It was also directed by
free and fair elections in India 8. The powers of the Hon’ble Supreme Court that the candidate should furnish
Superintendence have been vested in the Election all the details relating to the assets of the candidate including
Commission. those of his/her spouse and the educational qualification of
the candidate so that the details of the election candidate come
2. Article 325 of the Constitution ensures universal suffrage
out in the public and no one gets to stay in the dark.
and provides that no person be ineligible for inclusion
in, or to claim to be included in a special, electoral roll- In Rambabu Singh Thakur v. Sunil Arora11the court held that
on grounds of religion, race, caste or sex. It shall be the duty of the central and state-level political parties
to furnish elaborate info regarding the criminal antecedents of
3. Article 102 of the Constitution sets grounds for
the chosen candidates. in Public Interest Foundation v. Union
disqualification of MPs, whereas Article 191 sets out
of India12 were the subjects of a contempt motion brought
the same grounds for disqualification for member
before the SC. In this instance, the court gives instructions.
legislative assemblies.
Each candidate who wishes to run for office must complete
4. The Representation of Peoples Act, 1951 offers a legal the Election Commission’s form, which must be filled out
foundation for election administration in India. One of completely and contain all the information requested therein.
the act’s most important features is the distribution of Regarding the criminal cases that are still outstanding against
seats in the House of Representatives, state legislatures, the applicant, it must be stated in strong characters. Any
and national legislatures. The Act also specifies how candidate running for office on the ticket of a particular party
electoral rolls are to be maintained and how seats are to is required to let that party know about any active criminal
be filled. The ROPA has measures for disqualifying investigations. The political party is required to provide details
candidates. about the criminal history of each of its candidates on their
official website. Both the candidate and the relevant political
5. The Representation of Peoples Act 1951 specifies the
party must publish a statement regarding the candidate’s past
requirements for disqualifying a candidate from running
in the widely read newspapers in the area and offer extensive
in a legislative election. Section 8 of the act, or
publicity in the electronic media.
disqualification upon conviction for certain offences,
states that a person sentenced to more than two years in CONCLUSION
prison is not eligible to run for office for six years after
serving the sentence. Election disqualification for those Each nation’s political structure determines its future.
with active criminal cases depends on their conviction Democracy is “of the people, by the people, and for the people,”
because the law does not prohibit those with active as Abraham Lincoln aptly put it. However, it can now be said
criminal cases from running for office. that the rule of law in the field of politics can only be found in
books. The roots of politics are being destroyed by individuals
6. The President of India has the authority to delimit with criminal backgrounds who have begun to dominate Indian
constituencies, but only after consulting the Indian politics. The foundation of democracy is being destroyed by
Election Commission. In addition to all of this, the 2017 criminalization and political corruption. Political
Financial Bill included restrictions stating that no party criminalization has become a permanent feature of Indian
would get more than Rs. 2,000 per participant.9 politics. To reduce this threat, the parliament must take strong

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[Link]
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[Link]
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AIR 2001 Delhi 126, 2000 (57) DRJ 82
11
CONTEMPT PET. (C) NO. 2192 OF 2018 W.P. (C) No. 536 OF 2011
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[Link] 13 [Link]

Anusandhan The Research Repository of GIBS 104 Volume 5, Number 1, November 2022
action. To make government more open, accountable, and 10. There is need to modify the existing laws, legal changes
inclusive, we must modify its fundamental characteristics. Even should be made and to prevent criminals from contesting
if it is difficult, we can include people’s right to vote on their in elections. The disciplinary actions must be taken
list of unalienable rights. However, theymust choose the proper against criminals and also must be blacklisted.
candidate. Even after being elected, our leader must refuse to
11. The Election Commission should actively and unbiasly
accept bribes and pay no vote fees. Pure elections are necessary
take adequate measures to break the link between the
for a democracy to be pure. Therefore, it is very simple to
criminals and politicians.13
draw the conclusion that if people concentrated on reducing
the vote banks of the political party with a higher number of REFERENCE
criminal representatives, the political party would start acting
and nominate individuals who would work for the betterment 1. [Link]
of society, and not their own personal cause. Although the [Link]
supreme court has issued directions to promote election 2. [Link]
transparency, the Election Commission of India must also take
some significant actions to ensure fair elections and prevent 3. [Link]
the decriminalisation of politics. indian-politics/

SUGGESTED MEASURE TO FOR D 4. [Link]

CRIMINALISATION OFPOLITICS 5. AIR 2001 Delhi 126, 2000 (57) DRJ 82
1. The Political parties should refuse tickets to the criminal 6. CONTEMPT PET. (C) NO. 2192 OF 2018 W.P. (C) No.
candidates. 536 OF 2011
2. The Legislature bear the torch for amendment in the 7. [Link]
The Representation Of The People Act, 1950 to debar [Link] apolitics-prevent/
the persons from contesting elections against whom
heinous nature crimes are pending.
3. Fast-track courts should deal with the cases of politicians
with criminal records. Fast-track courts will help in a
speedy trial of politicians who have criminal records,
they might not debarred to contest elections.
4. Fugitive who have been punished with a jail term of more
than 7 years should not be given a right to contest
elections until the High Court grants permission.
5. NOTA (none of the above) and such other options can
prevent the criminals from winning elections. The
election commission of In dia sh ould Greater
transparency should be brought in campaign financing
that will make it less desirable for the political parties to
comprise the candidates pertaining to criminal
backgrounds.
6. The sanctions should be inflicted on the political parties
who provide tickets to the criminals for contesting the
elections.
7. The appointment of Election Commissioners should be
in a fair and transparent manner.
8. The Election Commission of India (ECI) should be given
the power of auditing the financial accounts of the
political parties or the finance of the political parties
must be brought to the Right to Information (RTI) law.12
9. Awareness programmes must be conducted for voters
in order to make them aware if there is any scandalous
background of the candidate.

Anusandhan The Research Repository of GIBS 105 Volume 5, Number 1, November 2022