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The document discusses the criminalization of politics, highlighting the significant presence of individuals with criminal backgrounds in public office, with 45% of analyzed MLAs declaring criminal cases against themselves. It cites various judicial opinions and case laws emphasizing the moral and political implications of this issue, as well as international best practices for addressing it. The document concludes that the criminalization of politics represents both a legal crisis and an ethical collapse, affecting democratic values and governance.

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19 views19 pages

Enrichment

The document discusses the criminalization of politics, highlighting the significant presence of individuals with criminal backgrounds in public office, with 45% of analyzed MLAs declaring criminal cases against themselves. It cites various judicial opinions and case laws emphasizing the moral and political implications of this issue, as well as international best practices for addressing it. The document concludes that the criminalization of politics represents both a legal crisis and an ethical collapse, affecting democratic values and governance.

Uploaded by

sharathkumar.a1729
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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80 to 120

Average to Topper
Data

Diagram

Judgements

Case Laws

Current affairs
Criminalisation of politics

Criminalisation in politics refers to the phenomenon


where individuals with criminal backgrounds, including
those with pending criminal charges or convictions,
actively participate in politics and hold public offices.
Justice Dipak Misra (former CJI):
"Criminalisation of politics is akin to a termite to the
citadel of democracy.

Dr. A.P.J. Abdul Kalam:


"Unless we remove corruption and criminalisation in
politics, we cannot dream of a developed India."

S.Y. Quraishi (Former CEC):


"Decriminalising politics is not a legal problem, but a
moral and political one."
↑ ↑

·
Percentage of 30 %
Percentage :
of MPs

·
MPs with -

a
-

with
criminal -

i
it itmine Lok Sabha -
A
Sitting MLAs with Criminal Cases: Out of the 4092
MLAs analysed from state assemblies, 1861 (45%) MLAs
have declared criminal cases against themselves.

Winning Probability:
• Candidate with criminal background:
15.4%
• Clean candidate: 4.4%
Total Pending Cases
Nearly 5000 criminal cases are pending against sitting
and former MPs/MLAs as of January 1, 2025.

Conviction
· rate <0 5 %.
Politicization of crime

Criminalization ofPolitics

~ s
W ~

Culture of Diminished Erosion of


Poor
Quality
Debate violence Accountability Democratic values

~ ~ ~ g

> Poor
parliamentary ) Increased crime > Increased = Affects free & fair
functioning corruption elections

7 Decline in
) Substandard laws conviction rate>
Poor Governance = Decrease in
voting
percentage
- Youth
disengagement
Policy Paralysis from politics
ADR Case (2002): Supreme Court held that
voters have a fundamental right to know the
criminal, financial, and educational background of
candidates.

2014 (Lily Thomas v. Union of India)


Struck down Section 8(4) of RPA, which earlier
allowed convicted legislators to retain their posts
during the appeal period.
Public Interest Foundation v. Union of India (2019):
Political parties publish the criminal record of their
candidates on their websites, social media and local
newspapers
International Best Practices
1. Brazil – "Clean Record Law" (Lei da Ficha Limpa)
Law enacted in 2010 due to strong civil society pressure.
Disqualifies candidates from contesting elections if
convicted by a panel of judges, even before final appeal.

United States – Felony Law


Convicted felons are barred from holding federal public
office in many states.
Candidates must disclose criminal records and financial
information.
Italy : Anti-mafia law bars those under investigation
from contesting
Vohra Committee Report (1993)
• Exposed nexus: Politicians + Bureaucrats + Criminals
• Warned of parallel governance by crime syndicates
• Called for institutional mechanisms to monitor & curb
this nexus
2nd ARC – 4th Report (Ethics in Governance)

• Debar criminals from elections


• Strengthen transparency and ethics in
political processes
Election Commission of India (ECI)
• Permanent ban on those convicted of heinous
③
crimes
• Parties must explain why tainted candidates
are fielded
"Politics without principles" is one of the seven
social sins listed by Mahatma Gandhi.

The criminalization of politics is not just a legal


crisis — it's an ethical collapse.

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