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
(The roles of the various Ministries are defined as per the Rules of Business)
GOVERNMENT OF INDIA
President
Vice
President
Prime
Minister
Council of
Ministers
Minister
Secretary
Additional
Secretary
Joint
Secretary

Minister

Minister

DECRIMINALIZATION
De-criminalization
simply
means
legislation that makes something legal
that was formerly illegal.

DECRIMINALIZATION OF
POLITICS
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.

PROBLEMS

Many 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
contestelections in Indiafor 7 years
Mafia dons and organized gangs often
escape even prosecution for want of
tangible evidence.

CRIMINALITY IN POLITICS
India stands witness to an alarmingly high
number of people with criminal background
who
haveofpolluted
Indian polity. affidavits of
Analysis
62,847 self-declared
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.
Though
it has been
64 years
since Indias
first ever General Elections, the existing
electoral laws have failed in more ways than
one to prevent the cause of criminalization

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 ADRs 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

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

ELECTIONS
Wealth increases
the chances of winning, and a

combination of wealth and criminal record

increases it even further as 23% of tainted
Avg. Assets of
candidates win compared to onlyAvg.12%
Assets of of clean
% of those with
Avg Assets of
Avg. Assets of
winners w ith
winners with
candidates.
Party
serious charges such cand (Rs
such Winners
serious charges
charges framed
who won

lakhs)

(Rs lakhs)

(Rs lakhs)

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

 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
to Rs.100,000crores
amounts
Estimates
vary
from
a
total
of
Rs.150,000crores to Rs.250,000 crores for all
elections put together.
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
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.

VARIOUS ACTS FOR

DISQUALIFICATION OF
Articles 102 and 191
of the Constitution of India, 1950
CANDIDATES

deal with disqualifications for membership of the

Parliament and the State Legislatures respectively. The
said
Articles
arebe
extracted
herein
A person
shall
disqualified
forbelow:
being chosen as, and
for being, a member of either House of Parliament
(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;

POSSIBLE PROPOSALS TO
DECRIMINALIZE POLITICS
The anomalies in respect of period of
disqualification may be corrected broadly in
line with the recommendations of the Law
Commission.
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
Any person
against
whom
criminal
charges
under
section
99 of
RP Act,
1951 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

 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
orders, for
should
be disqualified
as long
standing
Every candidate
an elective
office shall
file
asthe
such
History
sheet or Rowdy
is kept
at
time
of nomination
beforesheet
the Returning
open.
Officeran
Affidavit in Annexure IV. The
nomination of those persons who do not file
an
Affidavit
shall be rejected.
such
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-

JUDICIAL LEVEL SOLUTIONS

Peoples 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
There
should trend
be appointment
of Public
Prosecutors,
Additional
perverse
of increasing
criminalization
of politics,
this
Public Prosecutors,
Assistant Public Prosecutors and other legal
section
must be repealed.
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.

CONCLUSION
Decriminalizing 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
Now it is up to the
countrymen
bring
in some
decriminalization
is necessary
pillto
for
every
change to cleanse the existing system and build a
Indian.
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.

Lets 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.
Lets fight another freedom struggle.

THANK
YOU