Decriminalization of Politics
Kartavya Desk Staff
Syllabus: Polity
Source: TH
Context: The Supreme Court is hearing petitions seeking a lifetime ban on convicted individuals from contesting elections, reigniting the debate on decriminalizing politics and ensuring probity in public life.
What Does the RPA Act, 1951 Say About Contesting Elections?
• Section 8(3): Disqualifies individuals convicted of criminal offenses and sentenced to imprisonment for two years or more. They are barred from contesting elections for six years post-release.
• Section 8(1): Disqualifies individuals convicted of heinous crimes (e.g., rape, corruption, UAPA offenses) regardless of sentence length, with a six-year post-release ban.
• Section 62(5): Bars imprisoned individuals from voting but allows undertrials to contest elections.
• Section 11: Empowers the Election Commission (EC) to reduce or remove disqualification periods, as seen in the case of Sikkim CM Prem Singh Tamang in 2019.
The Issue and Need for Banning Convicted Individuals from Elections:
• Rising Criminalization of Politics: ADR reports that 46% of MPs elected in 2024 face criminal charges, with 31% accused of serious offenses like murder and rape.
• Public Trust: Convicted individuals holding public office erode trust in democratic institutions.
• Moral Turpitude: Heinous crimes and corruption convictions directly conflict with the integrity required for public service.
• Disproportionate Influence: Candidates with criminal backgrounds have a 15.4% chance of winning, compared to 4.4% for those with clean records.
Challenges to Banning Convicted Individuals:
• Misuse of Law: Political parties fear misuse of criminal charges to target opponents.
• Delayed Justice: Prolonged trials mean candidates with serious charges can contest multiple elections before conviction.
• Proportionality: Not all convictions involve moral turpitude; a lifetime ban may be disproportionate for minor offenses.
• EC’s Discretion: Section 11 allows the EC to reduce disqualification periods, raising concerns about impartiality.
Way Forward:
• Stricter Laws: Amend the RPA Act to disqualify candidates against whom charges are framed for offenses punishable by five years or more (as recommended by the Law Commission in 1999 and 2014).
• Fast-Track Courts: Expedite trials of MPs/MLAs to ensure timely justice (as ordered by the Supreme Court in 2023).
• EC’s Role: Review the EC’s discretionary powers under Section 11 to ensure transparency.
• Public Awareness: Encourage voters to reject candidates with criminal backgrounds.
• Consensus Building: Engage political parties to build consensus on reforms to curb criminalization.
Conclusion:
The criminalization of politics undermines democracy and public trust. While a lifetime ban for heinous crimes is justified, a balanced approach is needed to address misuse and proportionality. Fast-track courts, stricter laws, and public awareness are key to ensuring clean politics.
• Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC-2022)