NAME – KAJAL S.

RANA
SUB - PRIVILEGED CLASS DEVIANCE
ROLL.NO- 17
LLM PART- 1
CRIMINAL LAW GROUP
 MEANING
 DEVIANCE :
 Deviance means to deviate from the established path or route,
Deviance may also be defined as departure from the accepted
values, norms and statutes of society.
 ELECTORAL DEVIANCE :
 In simple terms, when the roots of corruption are visible in all
fields including politics, governments, private and public
enterprises, etc. and now election process also was included by
the use of bribery and buying of votes. The sanctity of elections
has been breached at many times by unethical practices used in
elections.
 INTRODUCTION
 Seven Judges Bench in Kesavananda Bharti case agreed that
democratic set-up was part of the basic structure of the
Constitution.
 Democracy – Government of the people, for the people and
by the people
 Democracy postulates periodical elections.
 Elections - selection of representatives by the people
 Democracy is majority rule, and the rights of the minority
are protected by law and through the institutionalization of
law.
Cont.
 General elections to Lok Sabha and state Legislature Assemblies
in India are held under the Supervision, direction and control of
constitutional body – THE ELECTION COMMISSION OF
INDIA
 There are constant references to 3 MPs :-
 Money Power,
 Muscle Power, and
 Mafia Power
 and also 4Cs :-
 Criminalization,
 Corruption,
 Communalism, and
 Casteism
 ELECTORAL DEVIANCE
1. Electoral Roll – Names of the voters
2. Bogus Voting & Booth Capturing by rigging and impersonation
3. Flagrant use of muscle power
4. Involvement of officials and local administration
5. Criminalization of the electoral process
6. Criminals have become rulers
7. Divisive and Disruptive tendencies
8. An ineffective and slow process of dealing with election
petitions,
9. Fake and non-serious candidates
10. Difference in bounding of electors / voters / people
11. Problems of instability, hung legislative houses and their relation
to the electoral laws and process
12. Loss of systematic legitimacy
CRIME RECORD OF POLITICIAN

YEAR NO. OF M.Ps CRIMINAL

CHARGES

Murder, Rape, Abduction,

1996 39 Assault, & breach of
peace
Criminal proceedings
1998 72/500 pending against them

34% of Winners in LOK SABHA 2014 have

criminal charges against them.
 REPERCUSSIONS OF
COURTSHIP
 Courtship between Politics, Business and criminals leads to
following consequences :
1. Anarchy – use of muscle-power and money-power
2. Criminals have become contenders for power
i.e- Phoolan Devi , Arun Gawli
3. Creation of monopolies and oligopolies
4. Satisfies the Economic development of a nation
5. Representative of the majority
 REPORT OF ASSOCIATION FOR DEMOCRATIC
REFORMS

PARTY WISE WINNERS WHO HAVE DECLARED

CRIMINAL CASES IN THEIR AFFIDAVIT
120
100
Axis Title

80
60
40
20
0
AIADM SHIVSE
BJP INC 44 AITC
K 37 NA 18
281MPs MPs 34MPs
MPs MPs
PARTY WISE WINNERS
WHO HAVE
DECLARED CRIMINAL 98 8 6 15 7
CASES IN THEIR
AFFIDAVIT
 ELECTORAL LAWS
 INDIA has a comprehensive structure of laws to administer and conduct its
elections.

 The formal legal framework for all these elections rests on certain provisions of:

1. THE CONSTITUTION OF INDIA,1950

2. THE REPRESENTATION OF PEOPLE ACT,1950

3. THE REPRESENTATION OF PEOPLE ACT,1951

4. THE INDIAN PENAL CODE,1980

5. THE COMPANIES ACT,2013

6. THE INCOME TAX ACT,1961

 The various and rules and regulations framed and orders issued under these
statutes.
 FACTORS CONTRIBUTING
TO ELECTORAL DEVIANCE
1) Multiparty system
2) Amendment of s.77 of The Representation Of People Act in
1974, S.77- Account of election expenses and maximum limit
3) Lack of transparency as to donations made by industrialist
4) Incongruities in s.8 of the Representation Of People Act
JAYLALITA DISQUALIFICATON CASE
5) Poverty
6) Lack of education
7) Unenlightened citizenry
Cont.
 The importance of informed citizenry was stressed by The appex
Court in: SECRETARY, MINISTRY OF INFORMATION AND
BROADCASTING, GOVERNMENT OF INDIA
VERSUS
CRICKET ASSOCIATION OF BENGAL
AIR 1995 SC 1236
COURT HELD THAT : True democracy – not exist – except if all
citizens – right to participate in the affairs of polity – right is
meaningless – aware about all rights and side of the politics – express
their views – uninformed citizenry makes a democracy a farce.
 GUIDELINES OF SUPREME
COURT
 UNION OF INDIA
VERSUS
ASSOCIATION FOR DEMOCRATIC REFOMS
1. Past criminal record of the candidate (S.33-A(1)(ii) )
2. Before six month of filling the nomination, whether the
candidate is accused of any pending cases (S.33-A(1) (I) )
3. The assets of a candidate (S.75-A)
4. Liabilities (S.75-A)
5. Educational qualification
DONATIONS TO POLITICAL
PARTIES
source of funding (in %)

16% unknown sources of

income

9% known sources of
income from donation
above rs.20,000
other known sources of
75% income
 ELECTORAL REFORMS
TAKEN UP BY
 Goswami Committee on Electoral Reforms (1990)
 Vohra Committee Report (1993)
 Indrajit Gupta Committee on State Funding of Elections
(1998)
 Law Commission Report on Reform of the Electoral
Laws (1999)
 National Commission to Review the Working of
the Constitution (2001)
 Election Commission of India – Proposed Electoral
Reforms (2004)
 The Second Administrative Reforms Commission (2008)
 ELECTORAL REFORMS
1) Strengthen the Representation Of People Act

2) Permanent disqualification in certain cases

3) Liberalization of Economic Policy

4) Transparency & Accountability by the political parties

i.e-Rahul Bajaj

5) Implementation of Association for Democratic Reforms

directive given by the supreme court

6) De-recognition of political parties

7) Encourage donations from general public

 CONCLUSION
 The elections in INDIA are based on the adult franchise system
or adult suffrage, which means that a person above 18 years of
age is entitled to cast vote.

 Election in part of country have become synonymous with

intimidation of voters specially poorer sections, rigging, booth
capturing, violence against and even killing of candidates and
political workers by criminal and anti-social elements.

 Many suggestions have been made to address these issues and

most relate to implementing our rules and laws effectively.