Decriminalisation of Politics

Why Criminalisation of politics is a danger?

  • Law makers become the law breakers.
  • The ethical dilemma of law making by the representatives without integrity and any political values.
  • The issue of the quality of candidates contesting elections becomes important because it is at the root of our governance challenges.
  • Dr Rajendra Prasad, president of the constituent assembly, reflected on this issue “If the people who are elected are capable and men of character and integrity, then they would be able to make the best of even of a defective constitution. If they are lacking in these, the constitution cannot help the country”.

Supreme Court on Criminalization in politics

  • The court observed that it cannot enter the legislative arena to provide disqualification of candidates, who are facing serious criminal cases against them. However, it asked the candidates to put in bold letter her/his criminal antecedents in the required affidavit.
  • The SC said each political party will put on its website the criminal antecedents of each of its candidates so as to allow the voters to make an informed choice.

RPA on Criminal politicians

  • The constitution does not specify what disqualifies an individual from contesting in an election to a legislature. It is the Representation of People Act which specifies what can disqualify an individual from contesting an election.
  • The law does not bar individuals who have criminal cases pending against them from contesting elections.
  • Currently, under the Representation of Peoples (RP) Act, lawmakers cannot contest elections only after their conviction in a criminal case.
  • Section 8 of the Representation of the People (RP) Act, 1951 disqualifies a person convicted with a sentence of two years or more from contesting elections.
  • However, those under trial continued to be eligible to hold their position ends with the Lily Thomas case (2013), which ended this unfair advantage.
  • Protecting the parliamentary system from criminalisation has been the intention of the law from the beginning.

Location: Thiruvananthapuram, Kerala, India

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