Criminalisation in politics

Criminalisation of politics means to use politics or political power for heinous gains. By heinous gains, I mean to gain something not legal or normal. It takes place because of the nexus between the criminals and some of the politicians. Criminals don't just enter the politics and contest elections they even get elected to parliament and state legislatures. Data from last 3 general elections show that the strategy was an electoral success as candidates with criminal cases were three times more likely to win than a "clean candidate". It comes as no surprise to us as we all are aware of this fact and can see it everywhere.

But it makes me feel so disgruntle that even after knowing this harsh reality we are unable to unleash politics from criminals. It is not a new disease to politics rather it has marked its present since decades. For the very first time, booth capturing was reported in 1957 which involved hired goons who would in return for their work seek protection from prosecution of their crimes. Until the 1960s, the criminals could not have much direct participation in politics ; they helped politicians to win and recompensed favours in return. Increase in political competition and hence more uncertainty led to the  entry of criminals in politics directly.

Every party without any exception give tickets to candidates with a criminal background. Even though some of us want to shun these candidates, we can observe their triumphs over clean candidates. The direct link between criminality and probability of winning is money power. The cost of contesting elections keeps on increasing every year due to increase in population and competition which needs underground funding. Criminals have several means to acquire and dispose a large amount of cash without detection, thus they contest election without becoming a burden on party.

Not only political parties but voters and law and order is equally responsible for this. Under current law ,only people with a sentence of two years or more are debarred from contesting election. This leaves the field open for chargesheeted criminals, who are habitual offenders .Most of the voters are so voracious that it is very easy to gain their support for the politicians.By acting in such a manner , we fail to realise that the greatest power that democracy arms the people with is to vote incompetent people out of power.

A February 2020 supreme court judgement on criminalisation in politics states that

a) Political party should give reason that why have they given ticket to a person having criminal background.

b) candidates shall submit an affidavit giving financial details and criminal cases.

C) candidates shall inform the political party in writing of criminal cases against him or her.

d)the party shall put the information of such candidates on its website , social media and publish in newspaper.

The court passed such an  order because "In 2004, 24% of the Members of Parliament had criminal cases pending against them, in 2009 that went up to 30%, in 2014 to 34% and in 2019 as many as 43% of MPs had criminal cases pending against them"

There are several challenges with respect to the above judgement such as lack of proper enforcement,the order does not elucidate any specific penalty that will be imposed if the orders will not be followed. This can also lead to an abusive and personal campaigning.

We can curb criminalisation in politics by certain measures such as bringing greater transparency in campaign financing or the political parties finances should be brought under the RTI (right to information) law. It can also be redressed by establishing fast track courts because the politicians are able to delay the judicial process and serve for decades before prosecution.ECI(ELECTION COMMISSION OF INDIA)should do effective monitoring of affidavit of candidates and make sure that the information is promptly available on the website and circulated widely. Voters also need to be extra vigilant about the malpractices done by the politicians and choose wisely.

This nexus of criminality and politics is hitting the roots of democracy. In addition to this politics free from criminals will lead to a more accountable and transparent government. More financial expenditure reduces the chance of winning for an independent candidate. Such candidates after winning will seek to recover their expenses by corruption. We the people of India, need to be less credulous and fight out this disease by using our rights and powers constructively. It is high time that we  choose  quintessential leaders.

 

~Ritika