Mains – 16th Nov 23
Criminalization of Politics
Why in news?
- Recently, the Association for Democratic Reforms (ADR), wrote to the Election Commission seeking action against parties that fail to publish details of criminal antecedents of candidates as per orders of the Supreme Court and the poll panel.
Association for Democratic Reforms (ADR):
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Rule pertaining to declaration of criminal antecedent
A political party that runs candidates with criminal antecedents must publish information about their criminal background. This will be both on its website and in newspapers and TV channels on three occasions prominently.
What is Meant by Criminalization of Politics?
- The criminalization of politics refers to the infiltration of criminals, lawbreakers, and corrupt individuals into the political system, who then use their power and influence to further their own interests at the cost of the country and its citizens.
- Over the years, this trend has only worsened. Today, many politicians with criminal backgrounds have managed to secure top positions in political parties, and in some cases, even become ministers in state and central governments.
Some Statistics on Criminalization of Politics in India:
- According to a report by the ADR in the 2019 Lok Sabha elections, 43% of the winners had declared criminal cases against themselves, and 29% had declared serious criminal cases, such as murder, attempt to murder, kidnapping, and crimes against women.
- ADR’s analysis of candidates in the 2014 Lok Sabha elections found that 34% of the candidates had criminal cases against them, and 17% had serious criminal cases.
- ADR’s analysis of the 2020 Bihar assembly elections found that 328 out of 1,463 candidates had declared criminal cases against themselves, and 245 had declared serious criminal cases.
- A report by the National Crime Records Bureau (NCRB) found that between 2014 and 2018, there was a 44% increase in the number of cases of elected representatives booked under various sections of the Indian Penal Code (IPC).
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Reasons for the criminalization of politics:
- Due to the government’s inability to adequately respond to the socio-economic and political issues of the populace, individuals are drawn to people with a criminal reputation. These influential individuals, endowed with both power and riches, are anticipated to meet the people’s requirements.
- Since, in India electoral politics is more about caste, ethnicity, religion and several other factors, money and muscle power of criminals help political parties gain votes.
- Electoral politics is largely dependent on the funding that it receives. Since candidates with criminal records often possess greater wealth, they ensure greater inflow of funds, labour and other advantages that may help a party in successful campaign, and also possess greater ‘winnability’.
- Lack of Intra-party democracy: Political parties in India largely lack intra-party democracy and the decisions on candidature are largely taken by the elite leadership of the party. Consequently, politicians with criminal histories often evade scrutiny from local party workers and organizations.
- Due to the low levels of convictions of MPs and MLAs, and delays in trials, political parties are not deterred from giving tickets to criminals.
- Moreover, the slow judicial process and the inadequate enforcement of election laws also provide opportunities for politicians with criminal records to thrive.
Implications of Criminalisation of Politics:
- Threat to Democracy: Criminalization of politics poses a serious threat to democracy as it undermines the rule of law and democratic institutions. When politicians with criminal backgrounds hold public office, they can use their power to subvert the justice system and create a culture of impunity.
- Governance Issues: When politicians with criminal backgrounds hold public office, they are likely to be more interested in serving their own interests rather than those of the people. This can lead to a lack of good governance, and a failure to address important issues facing the country.
- Corruption: Criminalization of politics often goes hand in hand with corruption. Politicians with criminal backgrounds are more likely to use their power for personal gain, which can lead to widespread corruption.
- According to the NCRB’s “Crime in India” report for 2019, there were 9,427 cases of crimes committed by politicians, of which 4,029 cases were related to corruption.
- Criminalization of Political Parties: Criminalization of politics can lead to criminalization of political parties, with criminal elements gaining control of political parties and using them for their own benefit. This can further weaken democratic institutions and undermine the rule of law.
- Public Perception: When politicians with criminal backgrounds hold public office, it can erode public trust in the political system. This can lead to apathy and disillusionment among the public, with people losing faith in democratic institutions and the rule of law.
Some recent guidelines of the Supreme Court:
- In 2002, in the case of Association for Democratic Reforms v. Union of India, the Supreme Court observed that criminalization of politics is a serious threat to democracy and directed the Election Commission of India to issue guidelines to ensure that candidates with criminal records were not given tickets to contest elections by political parties. The court also ordered that candidates must disclose their criminal records in their nomination papers.
- In 2013, in the case of Lily Thomas v. Union of India, the Supreme Court observed that allowing convicted criminals to hold public office is against the principles of democracy and held that any member of parliament or state legislative assembly who is convicted of a crime and sentenced to a prison term of two years or more would be disqualified from holding office. The court also declared that a convicted lawmaker could not contest an election or continue as a member of the legislature while the appeal was pending.
- In 2018, in the case of Public Interest Foundation v. Union of India, the Supreme Court observed that criminalization of politics is a “cancer” that is eating away at the vitals of democracy and directed political parties to publish the criminal records of their candidates on their websites, social media handles, and newspapers. The court also directed the Election Commission of India to create a framework to ensure that the information on candidates’ criminal records was disseminated effectively.
- In 2019, in the case of Mahipal Singh Rana v. State of Uttar Pradesh, the Supreme Court observed that the criminalization of politics was a matter of great concern and called for urgent action to tackle the problem. The court also directed the central government to set up special courts to hear cases against politicians.
Vohra Committee on CoP, 1993
- It was constituted with an objective to identify the extent of the political-criminal nexus and to recommend ways in which the criminalisation of politics can be effectively dealt with.
- The committee had concluded that agencies, including the CBI, IB, RAW, had unanimously expressed their opinion that the criminal network was virtually running a parallel government.
The Law Commission of India
- In its 244th report, LCI said that instead of politicians having suspected links to criminal networks, as was the case earlier, it was persons with extensive criminal backgrounds who began entering politics.
- The Law Commission said that in the 10 years since 2004, 18% of the candidates contesting either national or State elections had criminal cases against them.
Solutions to curb Criminalization of Politics:
- Political parties should voluntarily abstain from offering electoral nominations to candidates with blemished records.
- Amendments to the RPA Act should be enacted to disqualify individuals with pending cases of serious offenses from participating in elections.
- The Election Commission of India (ECI) should have the power to audit the financial accounts of political parties, or political parties’ finances should be brought under the right to information (RTI) law.
- There is a need to create awareness among the public about the negative consequences of criminalization of politics. Awareness can help to create pressure on politicians to clean up their act and work for the benefit of the people.
- Broader governance will have to improve for voters to reduce the reliance on criminal politicians.
Conclusion:
In a 2018 report, the Election Commission of India noted that criminalization of politics was a growing threat to the country’s democracy, and called for urgent action to address the issue. The solutions to curb criminalization of politics are multi-faceted and require a concerted effort from all stakeholders.
Pradhan Mantri Gram Sadak Yojana
Why in the news?
Recently, Parliamentary Standing Committee on Rural Development and Panchayati Raj released its report on PMGSY.
About Pradhan Mantri Gram Sadak Yojana
- Launched in 2000 to provide connectivity, by way of an all-weather road to unconnected habitations.
- Unconnected habitations of designated population size (500+ in plain areas and 250+ in North-Eastern States, Himalayan States, Deserts and Tribal Areas as per 2001 census) in the core network (minimal network of roads that is essential to provide basic needs) for uplifting the socio-economic condition of the rural population are eligible under the scheme.
- Funding Pattern
- It is centrally sponsored scheme.
- In case of UT and NE & Himalayan states – 90% of the project cost by UG
- In case of other states – 60% of the project cost by UG.
- The Rural Roads constructed under the PMGSY will be in accordance with the provision of the Indian Roads Congress (IRC).
- Indian Roads Congress is the premier technical body of highway engineers which was formed in 1934 as India’s national body for laying down and designing standards for roads and highway construction and provides a stage for exchanging expertise and latest research developments relating to it.
