The Supreme Court (SC) is currently reviewing petitions advocating for a lifetime disqualification of convicted individuals from participating in elections. The objective is to address the criminalization of politics by amending the Representation of the People Act, 1951 (RP Act, 1951), which governs the eligibility of convicted persons to contest elections.
Legal Framework and Supreme Court Rulings on Convicted Candidates
Legal Provisions:
- Section 8(3): Disqualifies individuals sentenced to two or more years of imprisonment from contesting elections during their incarceration and for six years following their release.
- Section 8(1): Mandates immediate disqualification for specific serious offenses, regardless of sentence length. These crimes include rape, acts of terrorism, corruption, and offenses related to untouchability.
- Section 11: Grants the Election Commission (EC) the authority to reduce or annul the disqualification period of a convicted individual.
- Example: In 2019, the EC controversially curtailed Prem Singh Tamang’s disqualification from six years to 13 months, enabling him to contest elections despite a corruption conviction.
Key Supreme Court Judgments:- Association for Democratic Reforms (ADR) Case, 2002: Made it mandatory for candidates to disclose their criminal records before elections.
- Chief Election Commissioner vs. Jan Chaukidar Case, 2013: Upheld a Patna High Court ruling that individuals in judicial custody lose their status as electors under Section 62(5) of the RP Act, 1951, thereby barring undertrial prisoners from contesting elections.
- However, Parliament later amended the RP Act, 1951, overturning this ruling and permitting undertrial candidates to run for office.
- Lily Thomas Case, 2013: Struck down Section 8(4) of the RP Act, 1951, which previously allowed convicted legislators to retain their seats if they appealed their conviction. Post this ruling, any sitting MP/MLA is immediately disqualified upon conviction.
- Public Interest Foundation Case, 2018: Mandated political parties to publicize their candidates’ criminal records via websites, social media, and newspapers.
Extent of Criminalization in Indian Politics
A report by the Association for Democratic Reforms (ADR) indicates that out of 543 elected MPs in 2024, 251 (46%) have pending criminal cases. Among them, 171 (31%) face serious charges such as murder, attempted murder, kidnapping, and sexual offenses. Notably, candidates with criminal records had a 15.4% success rate in elections, compared to just 4.4% for those with no criminal background.
Arguments For and Against a Lifetime Ban on Convicted Politicians
Arguments in Favor:- Vohra Committee Report (1993): Recommended stringent background checks and the exclusion of candidates with severe criminal charges.
- Parallels with Government Employees: Just as government officials are dismissed upon conviction, politicians should also face similar permanent disqualification.
- Ensuring Ethical Governance: Legislators must uphold the highest moral standards as they are entrusted with lawmaking and governance.
Arguments Against:- Potential for Misuse: Political adversaries may exploit the judicial system by filing false cases to disqualify competitors.
- Distinction from Bureaucracy: Unlike government employees, MPs and MLAs are directly elected by the public and do not operate under service conditions.
- Democratic Representation: Elected representatives have a fixed five-year tenure and must seek reelection, ensuring direct accountability to voters.
- Scope for Rehabilitation: A lifetime ban disregards the possibility of personal reform. Instead, expediting trials for accused politicians may serve as a more effective measure.
Proposed Reforms and Solutions
Enhancing Disqualification Criteria:- Extend the disqualification period beyond six years for grave offenses such as corruption, terrorism, and sexual crimes.
Strengthening the Election Commission:- Grant the EC broader regulatory authority to scrutinize and validate candidates’ criminal backgrounds and financial declarations.
- The EC has suggested barring individuals from contesting elections if they face charges for offenses carrying a punishment of more than five years.
Judicial Reforms:- Establish special fast-track courts to expedite trials of MPs and MLAs, preventing prolonged legal proceedings that allow convicted individuals to continue contesting elections.
Introducing a Code of Conduct for Politicians:- Implement a mandatory Code of Conduct to ensure ethical behavior, accountability, and discipline in public service.
- Create a Political Ethics Committee under the Election Commission to monitor adherence to ethical standards and address violations.
Key Takeaways
Addressing the criminalization of politics requires a multi-faceted approach, including stricter disqualification norms, judicial efficiency, and greater transparency in candidate selection. Whether a lifetime ban is the right solution remains a matter of debate, but reforms aimed at ensuring ethical leadership and a cleaner political landscape are imperative for strengthening Indian democracy.
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