Criminalization of Politics

A petition is being heard by the Supreme Court asking for lifetime bans on people convicted of crimes from running for elections. Right now, people convicted of crimes are disqualified from contesting elections for six years after they are released from jail, but the petitioners argue this isn't enough. They want to ban them from running forever.

What is the current petition asking?

• The petitioners want a lifetime ban on anyone convicted of a crime from running for elections. They argue that if a person convicted of a crime isn’t fit for even a junior government job, they shouldn’t be able to become a lawmaker after serving their sentence.
• The right to stand for election is not a fundamental right. So, putting some restriction on who can and cannot stand in the election, is not a suppression of ‘freedom of speech’ or ‘right to livelihood’.
• Government’s stand: However, the government says that MPs and MLAs aren’t bound by the same rules as government workers, so the six-year disqualification period is enough.

Reasons for the criminalization of politics in India:

• Politician-Bureaucracy Nexus: The close, often corrupt, relationship between politicians and government officials has fueled criminalization in politics.
• Political Interference in Administration: Politicians' interference in governance increases corruption, leading to criminal involvement in politics.
• Caste and Religion: Caste and religious considerations influence promotions and policies, further encouraging corruption and criminal behavior.
• Party System: Political parties often make empty promises to win elections, using unethical means, which fosters criminal politics.
• Economic Issues: Poverty, illiteracy, and underdevelopment create conditions that allow criminal elements to thrive in politics.
• Corruption: Systemic corruption has become ingrained in the political and administrative system, fueling criminal behavior.
• Election Commission Loopholes: The Election Commission’s limited role in regulating candidates' backgrounds has allowed criminals to enter politics.
• Failure of Justice and Rule of Law: A lack of trust in the justice system and the rule of law has weakened the effectiveness of democratic governance.

Ramifications of criminals entering India’s political sphere

• The criminalization of politics threatens the integrity of the legal system. 
• The presence of politicians with criminal histories jeopardizes the credibility of the legislative process.
• Politicians with criminal histories may try to sway laws to their advantage by using their power. This may be shown in how resources are distributed, laws are put into effect, and benefits are distributed. 
• The criminalization of politics is threatening the fundamental underpinnings of democracy and the rule of law.

What are the laws about this?

• Section 8(3) of the Representation of the People Act (RP Act, 1951): If someone is convicted of a crime and sentenced to 2 years or more in prison, they can’t run for elections for six years after they’re released from jail.
• Section 8(1): If someone is convicted of serious crimes (like rape or corruption), they are permanently banned from running, no matter the length of their sentence.
• Section 11 of the RP Act: This law lets the Election Commission (EC) reduce or remove the disqualification period for certain people, allowing them to run for elections earlier.