Syllabus Prelims: Polity and Governance

Mains: GS II – Polity and Governance

Theme Criminalisation of Politics

Whatever the constitution may or may not provide welfare of the citizens will depend on the

way in which country is administered. That will depend on men who administer it. – Dr.

Rajendra Prasad

 43% of sitting MP’s have criminal charges (34% in 2014)

Cause

 Milan Vaishnav in his book, “When crime Plays” explains that

o Initially political party use criminals for activities like booth capturing etc

Dated: 15-Feb-2020 DNS Notes

o The criminals start entering politics - vertical integration

 Weakening of institutions – court, police

 EC lack of adequate power

 Loopholes in law RPA1951 debarred a person only after convection

 Increasing election expenditure

 Role of caste and religion

 Selling of tickets by parties

 Vertical integration of mafias criminal have money and muscle power

Effect

 Crony-capitalism; Nexus

 Law breakers will become law makers – affect the law making process

 People start believing in strongmen

 No inner party democracy

 Weakening of all institutions

Goswami committee on electoral reform highlighted the crippling effect of money and muscle

power in election.

Johra committee pointed that criminal gangs carry out the activities of political parties.

Indrajit Gupta committee

224 th Law commission

Safeguards

Supreme Court judgement

 Lily Thomas Vs Union of India case

o MPs, MLAs, convicted of a crime and awarded minimum of 2 years of

imprisonment, loses membership of the house.

o Section 8(A) of RPA was declared unconstitutional

 ADR & PUCL Vs UoI case – SC upheld high court judgement mandating EC to obtain

and disclose the background information of Candidates.

 Kuldeep Nayar case – Art 324 of constitution is the reservoir of power for election

commission to conduct free and fair election.

Supreme Court directive

 Political parties must publish online the pending criminal cases of their candidates.

 A scheme for setting up of criminal court exclusively for criminal cases involving

politicians.