Criminalization of Politics

What’s in today’s article?

• Why in news?
• What is Criminalization of politics?
• News Summary: Criminalisation of politics: Why ADR has approached the ECI seeking action against political parties
• What has the Supreme Court said?
• How are political parties flouting the Supreme Court’s orders?

 

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.
  • ADR is an electoral watchdog established in 1999 by a group of professors from the Indian Institute of Management (IIM) Ahmedabad.
• For years, activists and independent electoral watchdogs like ADR have been raising concerns over political parties fielding candidates with criminal antecedents. 
• After the 2019 Lok Sabha elections, according to ADR, 43% of the newly-elected MPs had pending criminal cases against them.

 

What is Criminalization of politics?

• About
  • The criminalization of politics refers to the phenomenon where individuals with criminal backgrounds, including those charged or convicted of criminal offenses, actively participate in politics.
  • Several politicians with criminal records have managed to secure positions in legislative bodies, ranging from local municipalities to the national Parliament. 
  • This trend cuts across party lines and affects politicians from various political parties.
• Factors contributing to the criminalization of politics 
  • There is a nexus between politicians and criminal elements, where politicians seek support from individuals involved in criminal activities in exchange for political patronage. 
  • This connection often leads to the backing of candidates with criminal backgrounds during elections.
  • Additionally, socio-economic factors, such as poverty, illiteracy, and lack of opportunities, contribute to the entry of individuals with criminal backgrounds into politics. 
  • For some, politics becomes a means to gain power, wealth, and immunity from legal prosecution. 
  • Moreover, the slow judicial process and the inadequate enforcement of election laws also provide opportunities for politicians with criminal records to thrive.
• Impact
  • It undermines the democratic fabric of the country, erodes public trust, and compromises the integrity of the political system. 
  • It hampers good governance and hinders the enactment of effective policies for the welfare of the people. 
  • Additionally, the presence of politicians with criminal backgrounds can lead to increased crime, corruption, and the misuse of power.

 

News Summary: Criminalisation of politics: Why ADR has approached the ECI seeking action against political parties

What has the Supreme Court said?

• 2018 Judgement
  • In September 2018, the Supreme Court decided that political parties must share information about the criminal cases pending against their candidates. 
  • This includes publishing such information on the websites of respective political parties in a format specified by the Election Commission of India.
    • The candidates did declare the cases pending against them in their election affidavits to the ECI before the ruling.
    • However, the Supreme Court order made it mandatory for the information to be widely publicised.
  • It directed parties to publish the details of criminal cases pending against a candidate in bold letters and told the candidate with pending cases to inform the party about these cases. 
  • The court also ordered that the candidate and the party have to publish the information at least thrice after filing the nomination.
• 2020 Judgement
  • In February 2020, the apex court reiterated that the parties would have to publish the details of candidates with pending criminal cases. 
    • SC was hearing a contempt petition regarding its 2018 order not being implemented.
  • It also added that they would have to include the reasons for selecting such a candidate.
    • As per the court, the reasons as to selection shall be with reference to the qualifications, achievements and merit of the candidate concerned, and not mere winnability at the polls.
  • According to this ruling, political parties must publish the information about criminal cases against their candidates in a local vernacular newspaper, a national newspaper, and on their official social media platforms. 
    • They must do this within 48 hours of candidate selection or at least two weeks before the first nomination date, whichever comes earlier.
  • The parties would then have to submit a compliance report with the ECI within 72 hours.

 

How are political parties flouting the Supreme Court’s orders?

• According to ADR, political parties are flouting the Supreme Court’s orders and the ECI’s subsequent directions.
  • Many political parties did not have functional websites to publish the information.
  • Those that did, had not maintained the information and/or had inaccessible website links.
  • The ADR letter point out that parties were citing chances of winning, the popularity of the person as among the reasons.
    • The SC had said that a party cannot use winnability as a reason for selecting a candidate with criminal antecedents.
  • The parties were also copy-pasting the similar justifications for multiple candidates.

 

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Q1) What is Representation of the People Act, 1951?

The Representation of the People Act, 1951 is an important legislation in India that governs the conduct of elections in the country. It was enacted by the Parliament of India and has been amended several times to accommodate changes and reforms in the electoral process.

 

Q2) What is Association for Democratic Reforms (ADR)?

The Association for Democratic Reforms (ADR) is a non-governmental organization (NGO) based in India that works towards electoral and political reforms in the country. It was founded in 1999 by a group of professors from the Indian Institute of Management (IIM) Ahmedabad and the National Institute of Design (NID), along with activists and citizens.

 

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Source: Criminalisation of politics: Why ADR has approached the ECI seeking action against political parties