Why in the news?

  • A recent analysis shows that about 30% of MPs and MLAs in India face serious criminal cases, with the share of such MPs having more than doubled since 2009.

Criminalisation of Politics

  • Definition: Criminalisation of politics refers to the rising participation of individuals with criminal backgrounds in electoral politics and their increasing representation in legislatures. It undermines democracy, erodes public trust, and weakens governance.
  • Current Status:
    • Lok Sabha: Share of MPs with serious criminal cases rose from 14% in 2009 to 31% in 2024.
    • State Assemblies: About 29% MLAs (2024) face serious charges.
    • Highest % of MPs: Telangana (71%), Bihar (48%).
    • Highest % of MLAs: Andhra Pradesh (56%), Telangana (50%).
    • Highest absolute numbers: Uttar Pradesh (34 MPs, 154 MLAs).
  • Causes of Criminalisation:
    • Weak Disqualification Laws: Representation of People Act (1951) disqualifies only after conviction, not at charge-framing stage.
    • Lengthy Judicial Process: Trials in serious cases take years, allowing accused to contest multiple elections.
    • Money and Muscle Power: Candidates with criminal networks often control resources, intimidation, and vote banks.
    • Voter Behavior: Some voters perceive such candidates as “strong” and capable of delivering benefits.
    • Political Parties’ Complicity: Widespread ticket distribution to “winnable” candidates despite charges.
  • Consequences:
    • Erosion of Rule of Law: Legislators become lawbreakers.
    • Weak Governance: Policy decisions may be influenced by criminal interests.
    • Corruption and Nepotism: Political offices used for protection and expansion of illicit activities.
    • Decline of Democratic Values: Citizens lose trust in institutions; honest candidates discouraged.
    • Threat to National Security: Criminal-political nexus linked with organised crime and terrorism.
  • Judicial and Institutional Responses:
    • Supreme Court Judgments:
      • Lily Thomas v. Union of India (2013) – immediate disqualification upon conviction.
      • Public Interest Foundation v. Union of India (2018) – parties must disclose criminal records of candidates.
      • Ashwini Kumar Upadhyay cases (2020–2022) – SC directed political parties to justify fielding candidates with criminal cases.
    • Election Commission of India (ECI): Demands for stronger powers to debar candidates at charge-framing stage.
    • Law Commission (244th Report, 2014): Recommended disqualification upon charges in heinous offences punishable by 5+ years.
  • Reforms Needed:
    • Amend RPA 1951: Disqualification at charge-framing in serious cases.
    • Fast-Track Courts: To decide criminal cases against legislators within 1 year.
    • Internal Party Reforms: Denial of tickets to candidates with serious cases; mandatory transparency.
    • Awareness & Voter Education: Strengthening NOTA, citizen movements, media literacy.
    • State Funding of Elections: To reduce dependence on muscle/money power.
    • Strong Political Will: Supreme Court alone cannot resolve; needs legislature & executive cooperation.