Decriminalization Of Politics in India

DECRIMINALIZATION OF POLITICS IN INDIA

POLITICS IN INDIA India is the largest democratic country

in the world and also home to the fair and regular elections.

The Preamble of the Constitution of India begins with the phrase “WE THE PEOPLE OF INDIA”, underlining the spirit of democracy in India.

India follows the concept of Representative Government in which instead of an individual person a group of persons are elected who are required to represent the aspirations and concerns of the people.

ADMINISTRATIVE STRUCTURE OF GOVERNMENT OF INDIA

President

Vice President

Prime Minister

Council of Ministers

Minister

Secretary

Additional Secretary

Joint Secretary

Minister Minister

(The roles of the various Ministries are defined as per the Rules of Business)

DECRIMINALIZATION De-criminalization simply means legislation that makes

something legal that was formerly illegal.

De-criminalization of politics however will deal with the measure or ways in which the legal and administrative changes, and the role that civil society and voters can play to reduce the criminality in the politics.

DECRIMINALIZATION OF POLITICS

PROBLEMSMany known criminals are still in the electoral fray and often get elected. The problem is getting worse with successive elections.

The conviction rate in criminal cases is a pitiful 5-6%

Disposal of criminal cases is extremely slow, and most cases take years to dispose off. Technically, the murderers of Rajiv Gandhi were perfectly free to contest elections in India for 7 years

Mafia dons and organized gangs often escape even prosecution for want of tangible evidence.

CRIMINALITY IN POLITICSIndia stands witness to an alarmingly high number of people with criminal background who have polluted Indian polity.

Though it has been 64 years since India’s first ever General Elections, the existing electoral laws have failed in more ways than one to prevent the cause of criminalization in Indian politics.

Analysis of 62,847 self-declared affidavits of candidates, covering all Assembly and Lok Sabha elections since 2004, including bye elections, shows that 11,030 (18%) had 27,027 pending criminal cases against them while 5,253 (8%) candidates had 13,984 serious criminal charges including murder, rape, corruption, extortion etc.

Once a criminal becomes a politician, the police, whose job it is to keep him under check and investigate his crimes, become his protectors.

There are some representatives who contests elections despite being in jail & some how manage to win it.

Politicans sometimes acquire enough power to close file against him or help in closing a file against the members of his parties or family.

HOW MANY CRIMINAL POLITICIANS RUN THE COUNTRY

From ADR’s compilation of data on 5,380 candidates contesting the LokSabha election 2014, 17 per cent have declared criminal charges in the affidavits submitted to the Election Commission

10 per cent have declared serious criminal charges such as murder and rape charges

PARTY WISE DISTRIBUTION OF CRIMINAL CHARGES

The proportion of MPs in the 15th Lok Sabha facing criminal charges is not only high but actually increased between the 2004 and 2009 LokSabhas. The proportion of MPs facing serious criminal charges (like murder, kidnapping and extortion) also showed an increase from 12 per cent in 2004 to 14 per cent in 2009

CRIMINALITY AND WINNABILITY

While any random candidate has one in eight chances of winning a Lok Sabha seat, a candidate facing criminal charges is twice as likely to win as a clean candidate

PARTY WISE CHANCES OF WINNING

STATE WISE CRIMINAL RECORDS

Uttar Pradesh (UP), Gujarat and Maharashtra top the list with the highest percentage of MPs accused of criminal & serious criminal

offences.

MONEY POWER AND CRIME IN ELECTIONSWealth increases the chances of winning, and a combination of wealth and criminal record increases it even further as 23% of tainted candidates win compared to only 12% of clean candidates.

Party % of those with serious charges

who won

Avg Assets of such cand (Rs

lakhs)

Avg. Assets of such Winners

(Rs lakhs)

Avg. Assets of winners with

charges framed (Rs lakhs)

Avg. Assets of winners w ith

serious charges framed (Rs

lakhs)

INC 34% 432.6 581.2 801 675.6

BJP 40% 179.7 288.4 340.2 387.4

BSP 16% 125.9 273.7 256.2 278.3

SP 31% 152.6 416.7 412.5 546

CPM 34% 27.3 21.2 20.9 23.1

NCP 26% 140.7 356.2 331.5 414.5

JD(U) 50% 133.3 361.6 85.5 92

AITC 48% 136.8 131.3 79.7 98.8

Interaction of Crime and Money in Elections

Some of the major parties showing the same trend of increase in assets from candidate to winner to winners with crime records include the INC, BJP, BSP, SP, NCP, Shiv Sena.

Describing the role of money in elections, the then Chief Election Commissioner of India had said that about Rs.10,000 crores of black money was spent in the 2012 UP Assembly elections.

At Rs.25 crores in each constituency, and over 4000 Assembly seats all over India, this amounts to Rs.100,000crores

Estimates vary from a total of Rs.150,000crores to Rs.250,000 crores for all elections put together.

A senior leader of a political party said 92% of the applications for tickets were from builders and real estate businessmen in one southern city.

If we go by the recent declaration of a politician who said he spent over Rs. 8 crores, it is 20 times the current limit of Rs.40 lakhs per Assembly constituency

VARIOUS ACTS FOR DISQUALIFICATION OF CANDIDATES

Articles 102 and 191 of the Constitution of India, 1950 deal with disqualifications for membership of the Parliament and the State Legislatures respectively. The said Articles are extracted herein below:

(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;(b) if he is of unsound mind and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;(e) if he is so disqualified by or under any law made by Parliament

A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament

The punishments for certain offences should be altered, and certain new offences should be included, so that there are more rational criteria for disqualification of candidates as proposed by the Law Commission. The list should include conviction for corrupt electoral practices under section 99 of RP Act, 1951

The anomalies in respect of period of disqualification may be corrected broadly in line with the recommendations of the Law Commission.

Any person against whom criminal charges are framed by a magistrate for any offence listed under section 8 of RP Act 1951 or any warrant case should be disqualified to contest in elections as long as charges are pending against him/her.

POSSIBLE PROPOSALS TO DECRIMINALIZE POLITICS

Any person in respect of whom a History sheet or a Rowdy sheet or a similar record by whatever name it is called, has been opened and is kept open in any police station within the Indian union in accordance with the provisions of the appropriate laws or police standing orders, should be disqualified as long as such History sheet or Rowdy sheet is kept open.

Every candidate for an elective office shall file at the time of nomination before the Returning Officer an Affidavit in Annexure IV. The nomination of those persons who do not file such an Affidavit shall be rejected.

When there is overwhelming distortion in electoral politics and money power and criminal involvement have come to dominate elections, effective and far-reaching reforms are required to safeguard public interest. Tentative and half-hearted reforms will fail to cleanse our political and electoral system.

JUDICIAL LEVEL SOLUTIONS People‟s Act, 1951 debars candidates convicted of serious offences from contesting

elections for six years after their release from prison, Section 8(4) of the same Act makes an exception for sitting legislators. This grants an unfair advantage by allowing convicted legislators to contest elections, while at the same time , denying the rights to those who are convicted but do not hold office. Thus, in keeping with the spirit of equality in the Indian constitution, and to check the perverse trend of increasing criminalization of politics, this section must be repealed.

There should be appointment of Public Prosecutors, Additional Public Prosecutors, Assistant Public Prosecutors and other legal luminaries for court matters through fair and open competition having no political colour.

Expeditious trial through special courts with fast track mode to dispose these cases within 90 days may be established .For this; the rule of adjournment must be strictly followed. The high court or the Supreme Court should have power to transfer cases from one fast track court to another. Special provision may be made to protect the witnesses of these cases.

For legislation to regulate party funds, distribution and expenditure during non- election and election times. Maintenance, audit and publication of regular accounts by the political parties should be available for open inspection.

CONCLUSIONDecriminalizing politics will have its own pros and cons. One hand people will argue it will lead towards a clean politics and other would oppose it by saying the whole stable framework of politics would collapse if accused MLAs and MPs are removed from their position. It is a bitter pill to swallow by a common man but decriminalization is necessary pill for every Indian.

Now it is up to the countrymen to bring in some change to cleanse the existing system and build a new one in which faith and integrity plays akey role in laying foundation to the new corruption and criminal free political system so that we can relive the true definition of democracy “by the people, for the people and of the people”.

Let’s pledge to vote, vote against the criminal bugs who have percolated in the roots of politics of the country which has an aureate history of freedom

struggle through ahimsa.

Let’s fight another freedom struggle.

THANK YOU