What Is Meant By Criminalization Of Politics?

Criminalization of politics in India has been a matter of concern for many years. It 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. The problem is widespread and has been a topic of discussion and debate for many years.

The roots of this problem can be traced back to the post-independence era when the country was struggling to establish its democracy. The political environment was highly charged, and political parties were desperate to gain an edge over their opponents. In this highly competitive environment, many politicians turned to criminal elements to help them win elections. This marked the beginning of the criminalization of politics in India.

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. This has had a devastating impact on the country as a whole.

One of the main consequences of the criminalization of politics is the impact it has on law and order. Criminal politicians use their influence to protect themselves and their associates, leading to a breakdown in the justice system. This can be seen in the increasing number of cases where powerful politicians are able to avoid punishment for their crimes.

Another consequence of criminalization is corruption. Politicians with criminal backgrounds are more likely to be involved in corrupt activities, such as taking bribes and embezzling public funds. This not only harms the country's finances but also damages the social fabric of society.

The criminalization of politics has also led to a deterioration in the quality of governance. Politicians with criminal backgrounds are often more concerned with furthering their own interests rather than serving the public. This has led to a lack of accountability, inefficiency, and poor decision-making, which has had a negative impact on the country's development.

Some Statistics On Criminalization Of Politics In India

The criminalization of politics in India has been a matter of concern for several years.

Here are some statistics and data related to the issue:

1. According to a report by the Association for Democratic Reforms (ADR) and National Election Watch (NEW), 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.
    
2. 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.
    
3. In the 2015 Bihar assembly elections, 47% of the candidates from major parties had criminal cases against them, and 31% had serious criminal cases, according to a report by the ADR and Bihar Election Watch.
    
4. 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).
    
5. 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.
    
6. The ADR and NEW'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.
    
7. 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.

These statistics and reports highlight the scale of the problem of criminalization of politics in India. It is essential that steps are taken to curb this dangerous trend, to protect the country's democracy and the rights of its citizens.

Various Judgments Against Criminalization Of Politics

There have been several judgments by various courts in India on the issue of criminalization of politics.

Here are some of the significant ones:

1. Public Interest Foundation v. Union of India (2019):
   In this case, the Supreme Court of India ordered 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.
    
2. Lily Thomas v. Union of India (2013):
   In this case, the Supreme Court of India declared 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.
    
3. Association for Democratic Reforms v. Union of India (2002):
   In this case, the Supreme Court of India 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.
    
4. Manoj Narula v. Union of India (2014):
   In this case, the Delhi High Court held that a person cannot be disqualified from contesting elections merely because they have been charged with a criminal offense. However, the court also held that political parties must not field candidates who have a criminal background.
    
5. State of Uttar Pradesh v. Raj Narain (1975):
   In this case, the Supreme Court of India held that citizens have a fundamental right to know the antecedents of their representatives. The court directed that election affidavits should contain information on candidates' assets, liabilities, educational qualifications, and criminal records.

These judgments by various courts in India show that the issue of criminalization of politics has been taken seriously by the judiciary. The courts have made several important rulings to ensure greater transparency in the political process and to prevent individuals with criminal backgrounds from holding public office.

Some Critical Observations By Supreme Court Observations On Criminalization Of Politics

The Supreme Court of India has made several observations on the issue of criminalization of politics over the years.

Here are some key observations by the court:

1. 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.
    
2. 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.
    
3. 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.
    
4. 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.

These observations by the Supreme Court of India underline the gravity of the problem of criminalization of politics in India and emphasize the urgent need for effective measures to address it. The court has played a crucial role in creating awareness about the issue and pushing for reforms to strengthen India's democracy.

Why Criminalization Is Bad?

Criminalization of politics is a serious issue that has several negative consequences for a country.

Here are some reasons why criminalization of politics is bad:

1. 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.
    
2. 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.
    
3. 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.
    
4. 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.
    
5. 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.

Solutions To Curb Criminalization Of Politics

The problem of criminalization of politics is not limited to any particular political party or region. It is a nationwide problem that needs to be addressed urgently. The first step towards addressing this issue is to create greater public awareness about the problem. This can be done through the media, civil society organizations, and educational institutions.

The second step is to bring about greater transparency in the political system. This can be achieved by introducing measures such as the disclosure of criminal records of political candidates, stricter election funding rules, and increased monitoring of political campaigns.

The third step is to strengthen the legal framework to ensure that politicians with criminal backgrounds are held accountable for their actions. This can be done by introducing stricter laws and penalties for political corruption and by ensuring that the judiciary is independent and free from political influence.

Criminalization of politics is a complex issue, and there is no single solution to address it.

However, here are some other policy based solutions that can help curb criminalization of politics:

1. Strict Laws:
   The first step to curb criminalization of politics is to have strict laws in place. Laws should be enacted to bar individuals with criminal records from contesting elections or holding public office. This can help to prevent the entry of criminal elements into the political system.
    
2. Fast-track courts:
   There is a need to set up fast-track courts to hear cases against politicians with criminal backgrounds. This can help to ensure speedy justice and prevent politicians from using their power to delay or manipulate the legal process.
    
3. Electoral Reforms:
   The electoral process should be reformed to prevent criminal elements from getting elected. One of the key reforms could be to mandate that political parties disclose the criminal records of their candidates. This can help to increase transparency and accountability in the political system.
    
4. Public Awareness:
   There is a need to create awareness among the public about the negative consequences of criminalization of politics. This can be done through campaigns, public debates, and other means of mass communication. Awareness can help to create pressure on politicians to clean up their act and work for the benefit of the people.
    
5. Political Will:
   Finally, there is a need for political will to curb criminalization of politics. Politicians themselves should take the lead in setting an example and ensuring that only honest and law-abiding individuals are allowed to hold public office. This can help to create a culture of integrity and accountability in the political system.

In conclusion, the solutions to curb criminalization of politics are multi-faceted and require a concerted effort from all stakeholders. By enacting strict laws, setting up fast-track courts, introducing electoral reforms, creating public awareness, and demonstrating political will, it is possible to clean up the political system and ensure that it works for the benefit of the people.

How Model Code Of Conduct Can Help In Curbing Criminalization Of Politics

The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) for political parties and candidates during the election period. The MCC lays down the norms of conduct that political parties and candidates must follow during the election campaign.

Here's how the MCC can help in curbing criminalization of politics:

1. Preventing the Use of Money Power:
   One of the key ways in which criminal elements gain control of political parties and candidates is through the use of money power. The MCC lays down guidelines for political parties and candidates on the use of money during election campaigns. This can help to prevent the use of black money and other illegal means to influence the election process.
    
2. Preventing the Use of Muscle Power:
   The MCC also lays down guidelines on the use of muscle power during election campaigns. This can help to prevent candidates with criminal backgrounds from using their muscle power to intimidate voters and influence the election outcome.
    
3. Promoting Transparency:
   The MCC promotes transparency in the election process by requiring political parties and candidates to disclose their sources of funding and expenditure during the election campaign. This can help to prevent the entry of black money into the political system and promote transparency and accountability.
    
4. Promoting Fair Play:
   The MCC also lays down guidelines on fair play and ethical conduct during the election campaign. This can help to prevent candidates with criminal backgrounds from resorting to unethical means to gain an advantage in the election process.
    
5. Strengthening Democracy:
   Finally, the MCC helps to strengthen democracy by ensuring that the election process is free and fair. This can help to prevent criminal elements from gaining control of the political system and ensure that only honest and law-abiding citizens are allowed to hold public office.

The Model Code of Conduct is an important tool in curbing criminalization of politics. By promoting transparency, fair play, and ethical conduct, the MCC can help to prevent the entry of criminal elements into the political system and strengthen democracy.

International Judgments On Criminalization Of Politics

Criminalization of politics is not just an issue that India faces. It is a problem that is prevalent in many countries across the world.
Here are some international judgments on criminalization of politics:

1. Brazil:
   In 2012, Brazil's Supreme Court found 25 politicians guilty of vote-buying and money-laundering in a major corruption scandal. The court banned these politicians from holding public office for eight years and ordered them to pay heavy fines.
    
2. Italy:
   Italy has a long history of corruption in politics. In 2013, the country's highest court upheld the conviction of former Prime Minister Silvio Berlusconi for tax fraud. Berlusconi was sentenced to four years in prison and banned from holding public office for five years.
    
3. Pakistan:
   In 2017, Pakistan's Supreme Court disqualified Prime Minister Nawaz Sharif from holding public office for life after he was found guilty of corruption. Sharif was also fined heavily and ordered to pay back millions of dollars in ill-gotten gains.
    
4. South Africa:
   In 2018, South Africa's Constitutional Court ruled that former President Jacob Zuma had violated the constitution by refusing to repay public funds that were used to renovate his private residence. Zuma was ordered to repay the money and was also banned from holding public office.
    
5. Mexico:
   Mexico is another country that has struggled with corruption in politics. In 2019, a judge in Mexico issued an arrest warrant for former Governor Javier Duarte on charges of organized crime and money-laundering. Duarte was accused of siphoning off millions of dollars in public funds during his time in office.

These international judgments highlight the need for countries to take action against the criminalization of politics. By holding politicians accountable for their actions and ensuring that they are barred from holding public office if found guilty of corruption, countries can take a step towards cleaning up their political systems and promoting transparency and accountability.

International Covenants Related To Criminalization Of Politics

There are no specific international covenants that directly address criminalization of politics. However, there are several international conventions and agreements that aim to promote transparency, accountability, and good governance, which can indirectly help to prevent criminalization of politics.

Here are some of the international covenants and agreements related to this issue:

1. United Nations Convention against Corruption (UNCAC):
   This is a global agreement that aims to promote international cooperation and prevent corruption in both the public and private sectors. The UNCAC covers a wide range of issues related to corruption, including bribery, money-laundering, and abuse of power. It also encourages countries to develop and implement effective measures to prevent corruption and prosecute offenders.
    
2. United Nations Sustainable Development Goals (SDGs):
   The SDGs are a set of 17 goals that aim to promote sustainable development and reduce poverty and inequality. One of the goals (Goal 16) specifically addresses the issue of promoting peaceful and inclusive societies, providing access to justice for all, and combating corruption and bribery.
    
3. Organization for Economic Cooperation and Development (OECD) Anti-Bribery Convention:
   This is a convention that requires member countries to criminalize bribery of foreign public officials and to cooperate with each other in investigations and prosecutions of bribery cases. The convention aims to promote a level playing field for businesses and prevent corruption in international trade and investment.
    
4. Global Forum on Transparency and Exchange of Information for Tax Purposes:
   This is a forum that aims to promote transparency and exchange of information between countries to prevent tax evasion and other illicit financial activities. By promoting transparency in financial transactions, the forum can indirectly help to prevent criminalization of politics.

These international covenants and agreements highlight the need for countries to work together to promote transparency, accountability, and good governance. By implementing effective measures to prevent corruption and criminalization of politics, countries can promote a more just and equitable society for their citizens.

Conclusion
The criminalization of politics in India is a serious issue that needs to be addressed urgently. It has had a negative impact on the country's development, law and order, and the quality of governance. Addressing this problem requires a concerted effort by all stakeholders, including the government, civil society organizations, and the media. Only by working together can we hope to bring an end to this dangerous trend and ensure that the country's democracy is protected.

A clean and crime-free politics is essential for several reasons. Here are some of the key reasons why it is important:

1. Upholding the rule of law:
   In a democracy, the rule of law is paramount. Criminalization of politics undermines the very foundations of democracy and erodes public trust in the political system. By keeping politics clean and free from criminal elements, we can ensure that the rule of law is upheld and that justice is served.
    
2. Promoting transparency and accountability:
   Transparency and accountability are essential for good governance. When politics is clean and free from criminal elements, it becomes easier to hold politicians accountable for their actions and to promote transparency in government operations. This, in turn, helps to prevent corruption and promote good governance.
    
3. Ensuring fair and free elections:
   Fair and free elections are a cornerstone of democracy. When politics is criminalized, the electoral process becomes distorted, and elections can be influenced by money power, muscle power, and other illicit means. This undermines the very essence of democracy and leads to the election of candidates who may not have the best interests of the people at heart.
    
4. Promoting social and economic development:
   A clean and crime-free politics is essential for promoting social and economic development. When politics is free from criminal elements, it becomes easier to attract investment, promote economic growth, and create jobs. This, in turn, helps to lift people out of poverty and promote social development.
    
5. Protecting human rights:
   Criminalization of politics can often lead to human rights abuses. When politicians are involved in criminal activities, they may use their power to suppress dissent, intimidate opposition, and violate the rights of citizens. A clean and crime-free politics is essential for protecting human rights and promoting social justice.

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