Criminalisation of politics is a serious issue in many democratic countries, where individuals with criminal backgrounds, including serious offenses, enter politics and hold public office. This trend weakens democracy, erodes public trust in the political system, and affects governance. Despite legal restrictions, a significant number of elected representatives have pending criminal cases, including charges of corruption, violence, and abuse of power.
This issue arises due to loopholes in the legal system, political party interests, voter behavior, and lack of strict enforcement of laws. Criminal elements enter politics to gain legal immunity, influence policymaking, and misuse power for personal gain.
In this article, we will examine the meaning, causes, impact, legal framework, and solutions to address the criminalisation of politics.
Meaning and Definition of Criminalisation of Politics
The term “criminalisation of politics” refers to the involvement of individuals with criminal records in political activities, including contesting elections and holding public office. It occurs when political parties give tickets to candidates with criminal backgrounds or when elected representatives engage in illegal activities while in power.
Key Characteristics of Criminalisation of Politics
- Presence of Criminals in Legislatures – Individuals facing serious charges like murder, extortion, corruption, and rioting hold key political positions.
- Misuse of Power for Legal Protection – Politicians with criminal backgrounds influence the police, judiciary, and bureaucrats to avoid legal action.
- Political Patronage to Criminals – Criminals receive protection and opportunities from political parties in exchange for votes, muscle power, and funding.
- Weak Enforcement of Laws – Despite laws barring criminals from elections, loopholes and delayed trials allow them to continue in politics.
Causes of Criminalisation of Politics
1. Weak Laws and Delayed Judicial Process
- The legal system often allows criminals to contest elections unless they are convicted and sentenced to more than two years in prison.
- Judicial delays lead to long-pending cases, allowing politicians to remain in power despite facing serious charges.
2. Nexus Between Politics and Crime
- Criminals enter politics to gain power and legal immunity, while politicians use criminals for vote-bank politics, threats, and funding.
- Many political parties give tickets to candidates with criminal backgrounds because they are seen as “winnable” candidates due to their influence.
3. Voter Behavior and Lack of Awareness
- Many voters support candidates with criminal records due to caste, religious, or regional affiliations, ignoring their criminal history.
- Some voters believe that criminals in politics can get things done, especially in areas where bureaucratic inefficiency is high.
4. High Cost of Elections and Need for Funding
- Elections are expensive, and many politicians rely on illegal sources of funding, including businessmen with criminal backgrounds.
- In return, these funders influence government contracts and policies once their candidate is in power.
5. Lack of Political Will for Reforms
- Political parties hesitate to introduce stricter laws because many of their members are involved in criminal activities.
- Even when legal reforms are proposed, they face strong resistance from within the political system.
Impact of Criminalisation of Politics
1. Weakens Democratic Institutions
- The presence of criminals in legislatures and government positions undermines democratic values and the rule of law.
- Lawmaking suffers when those responsible for framing laws have little regard for legal and ethical standards.
2. Rise in Corruption and Misuse of Power
- Politicians with criminal backgrounds exploit public resources for personal gain.
- Corrupt leaders weaken governance by favoring illegal contracts, protecting criminals, and influencing law enforcement.
3. Increased Violence and Electoral Crimes
- Criminalisation of politics leads to booth capturing, voter intimidation, and electoral fraud.
- It creates a culture of violence, where opponents and critics are threatened, attacked, or silenced.
4. Loss of Public Trust in Governance
- Citizens lose faith in the government and legal system when they see criminals being elected and holding positions of power.
- It leads to political apathy, where people become disillusioned with democracy and do not participate in elections.
5. Disadvantage to Honest Candidates
- Ethical and qualified individuals struggle to win elections against candidates with criminal money, muscle power, and political backing.
- This discourages capable and honest people from entering politics, leading to a decline in leadership quality.
Legal Framework and Court Rulings on Criminalisation of Politics
Despite the serious consequences of criminalisation of politics, the legal framework has loopholes that allow individuals with criminal backgrounds to contest elections and hold public office. However, various Supreme Court judgments and legal provisions attempt to restrict the participation of criminals in politics.
1. Representation of the People Act, 1951
The Representation of the People Act (RPA), 1951, lays down the rules for elections and qualifications for contesting candidates.
- Section 8 (Disqualification on Conviction) – Prevents individuals convicted of certain offenses from contesting elections.
- Section 8A (Corrupt Practices) – Disqualifies candidates found guilty of electoral corruption.
- Section 33A (Disclosure of Criminal Records) – Requires candidates to declare their criminal records while filing nominations.
However, the law only disqualifies convicted candidates, and since trials in India take years, many accused individuals continue to contest elections.
2. Supreme Court Judgments on Criminalisation of Politics
Several landmark cases have shaped the legal stance on criminalisation of politics:
Union of India v. Association for Democratic Reforms (2002)
- The Supreme Court ruled that candidates must disclose their criminal records, assets, and liabilities before elections.
- This judgment empowered voters with more transparency about candidates’ backgrounds.
Lily Thomas v. Union of India (2013)
- The Supreme Court struck down Section 8(4) of the RPA, 1951, which allowed convicted MPs and MLAs to remain in office while appealing their conviction.
- Now, any elected representative immediately loses their position upon conviction.
Public Interest Foundation v. Union of India (2018)
- The Supreme Court directed political parties to publish details of candidates with criminal records along with reasons for their selection.
- The judgment emphasized that parties should justify fielding criminal candidates only under exceptional circumstances.
3. Election Commission’s Role
The Election Commission of India (ECI) has suggested several reforms, including:
- Lifetime ban on convicted politicians from contesting elections.
- Faster trials for criminal cases against politicians (within one year).
- Stronger action against parties fielding candidates with serious charges.
Reforms and Solutions to Criminalisation of Politics
To tackle the increasing influence of criminals in politics, strong legal, electoral, and political reforms are required.
1. Speedy Trials for Politicians
- Special fast-track courts should hear and resolve criminal cases against politicians within one year.
- Delayed trials allow accused individuals to contest elections for years, undermining justice.
2. Stricter Laws on Candidate Selection
- Political parties should be legally bound to deny tickets to candidates facing serious criminal charges.
- The Election Commission should have the power to ban political parties that repeatedly nominate criminals.
3. State Funding of Elections
- The high cost of elections forces politicians to depend on illegal money, often provided by criminals and corrupt businesses.
- State-funded elections can reduce cash-based politics, preventing the influence of criminal funding.
4. Awareness and Voter Responsibility
- Educating voters about the consequences of electing criminal politicians is crucial.
- Voting for honest candidates, rather than powerful individuals with criminal backgrounds, can help improve governance.
5. Stronger Judicial and Legislative Action
- Courts should prioritize cases involving politicians to prevent delays in convictions.
- Parliament should pass laws that permanently disqualify convicted criminals from contesting elections.
Conclusion
The criminalisation of politics poses a major challenge to democracy, governance, and public trust in the system. While legal provisions like the Representation of the People Act and Supreme Court rulings aim to restrict the entry of criminals into politics, loopholes, delays in trials, and lack of political will have allowed this problem to persist.
To strengthen democracy and restore public faith, urgent electoral, judicial, and political reforms are needed. Voters must also take responsibility by choosing ethical leaders over criminals. A strong legal framework, combined with active civic participation, can help eliminate the deep-rooted nexus between crime and politics, ensuring transparent and accountable governance.