Interruption in Democratic Functioning

PARLIAMENT
07 Dec, 2022

Theme : Parliament- structure, functioning and conduct of business, impact of criminalisation of politics., etc.

Paper:GS - 2

TABLE OF CONTENT

  1. Context
  2. Criminalization of politics
  3. Reasons for Criminalization of Politics
  4. Effects of Criminalization of Politics
  5. Reasons for increasing trend of criminalisation of politics
  6. Impact of increasing criminalisation of Politics
  7. Steps taken to tackle criminalisation of Politics
  8. Road Ahead

Context : There has been a spike in the number of candidates facing criminal charges in Phase 1 of Gujarat Assembly elections, with 21 percent of candidates declaring criminal cases against them in their affidavits as per a report released by Association of Democratic Reforms (ADR).

Criminalization of politics : 

  • It means the participation of criminals in politics which includes that criminals can contest in the elections and get elected as members of the Parliament and the State legislature.
  • It takes place primarily due to the nexus between politicians and criminals.
  • As per media reports of February 2022: Number of pending criminal cases against sitting and former MLAs and MPs had risen to close to 5,000 towards the end of December 2021.

Reasons for Criminalization of Politics : 

  • Lack of Enforcement
  • Vested Interests
  • Use of Muscle and Money Power

Effects of Criminalization of Politics : 

  • Against the Principle of Free and Fair Election
  • Affecting Good Governance
  • Affecting Integrity of Public Servants
  • Causes Social Disharmony

Reasons for increasing trend of criminalisation of politics : 

  • Political control of state machinery
  • Corruption
  • Vote-bank politics
  • Loopholes in the legal system

Impact of increasing criminalisation of Politics : 

  • Good governance gets seriously undermined
  • Control of bureaucrats by political bosses: They subvert the system to serve their interests.
  • Bureaucratic system: It ceases to resist corruption and often embraces it to carry out the diktats of criminal political bosses.
  • Three main pillars of our democracy(Parliament, judiciary and executive): They get progressively weakened, and the fundamental concept of a democratic system gets subverted.

Steps taken to tackle criminalisation of Politics : 

  • Vohra Committee(1993): It warned and said, “some political leaders become the leaders of these gangs/armed senas and, over the years, get themselves elected to local bodies, state assemblies and the national Parliament.”
  • Supreme Court(2002): Every candidate contesting election has to declare his criminal and financial records along with educational qualifications.
  • Supreme Court(2005): Sitting MP or MLA will be disqualified from contesting the election if convicted and sentenced for imprisonment for two years or more by a court of law.
  • 12 special courts for a year by government(2017): To fast track the trial of criminal cases against MPs 

Road Ahead : 

  • Timely corrective measures need to be put in place without any further delay, for the common man to have faith in the fairness of the system.
  • Time-bound justice delivery system: firmer steps by the Election Commission of India (EC) and a proper strengthening of relevant laws can cleanse the body politic of this evil.
  • Fast-tracking the judicial process: It will weed out the corrupt as well as criminal elements in the political system.
  • All political parties should come together: develop a consensus on keeping criminals out of the system.
  • Leadership at world level: As we assume leadership at several levels on the world stage, it is important for India to showcase itself as a model democracy and the global moral compass.
  • Mandatory declaration of assets and existing criminal charges in self-sworn affidavits to the EC, prior to elections, has brought in some degree of transparency.
  • Fast tracking trials and expediting the judicial process through a time-bound justice delivery system.
  • Nexus: between crime, money and muscle power should be on check regularly.
  • The growing dependence of political parties on criminals for muscle power and “electability” must be stopped.
  • Parliament, judiciary and executive: They will have to find common ground to put firm mechanisms in place to deal with increased criminalisation of politics.

FAQs : 

  1. What are the Reasons of Criminalization of Politics ?

ANS. 

  • Lack of Enforcement
  • Vested Interests
  • Use of Muscle and Money Power
  1. What is Criminalization of Politics ?

ANS.

  •  It means the participation of criminals in politics which includes that criminals can contest in the elections and get elected as members of the Parliament and the State legislature.
  • It takes place primarily due to the nexus between politicians and criminals.