Table of Contents
CURRENT AFFAIR
- The Supreme Court (SC) has agreed to hear a plea from the Election Commission of India (ECI) to direct political parties to not field candidates with criminal
Why the SC is hearing the plea?
- The immediate provocation is the finding that 46% of MPs (Members of Parliament) have criminal records.
- While the number might be inflated as many politicians tend to be charged with relatively minor
- The current cohort of Lok Sabha MPs has the highest (29%) proportion of those with serious declared criminal cases compared to its recent predecessors.
What are some unhealthy tendencies?
- Candidates with serious records seem to do well despite their public image.
- This is largely due to their ability to finance their own elections and bring substantive resources to their respective parties.
Previous SC judgments
- In 2013, SC removed the statutory protection of convicted legislators from immediate disqualification.
- In 2014, it directed the completion of trials involving elected representatives within a year.
- In 2017, it asked the Centre to frame a scheme to appoint special courts to exclusively try cases against politicians and for political parties to publicise pending criminal cases faced by their candidates in
OTHER EFFORTS BY SC
- In 2002, it made it obligatory for all candidates to file an affidavit before the returning officer, disclosing criminal cases pending against them.
- The famous order to introduce NOTA was intended to make political parties think before giving tickets to the
- In its landmark judgment of March 2014, the SC accepted the urgent need for cleansing politics of criminalisation and directed all subordinate courts to decide on cases involving legislators within a year, or give reasons for not doing so to the chief justice of the high court.
Solution
- A rule that disallows candidates against whom charges have been framed in court for serious offences may be a solution.
- This is something for Parliament to consider as an amendment to the Representation of the People Act,
Why this solution is unrealizable?
- Composition of the Lower House with a number of representatives facing serious cases.
- This is a consequence of a structural problem in Indian democracy and the nature of the Indian state.
- The institutions of the state are present and subject to the electoral will of the people.
- This has allowed cynical voters to elect candidates despite their dubious credentials and for their ability to work on a patronage system.
RPA
- Under the Representation of Peoples (RP) Act, lawmakers cannot contest elections only after their conviction in a criminal case.
- Section 8 of the Representation of the People (RP) Act, 1951 disqualifies a person convicted with a sentence of two years or more from contesting elections. But those under trial continued to be eligible to contest The Lily Thomas case (2013), however, ended this unfair advantage.
What is the way out?
- One, political parties should themselves refuse tickets to the tainted.
- Two, the RP Act should be amended to debar persons against whom cases of a heinous nature are pending from contesting elections.
- Three, fast-track courts should decide the cases of tainted legislators quickly.
Measure to curb criminalization of politics
- Bringing greater transparency in campaign financing is going to make it less attractive for political parties to involve gangsters.
- The Election Commission of India (ECI) should have the power to audit the financial accounts of political parties, or political parties’ finances should be brought under the right to information (RTI) law.
- Broader governance will have to improve for voters to reduce the reliance on criminal politicians.
- The Election Commission must take adequate measures to break the nexus between the criminals and the politicians.
- The forms prescribed by the Election Commission for candidates disclosing their convictions, cases pending in courts and so on in their nomination papers is a step in the right direction if it applied properly.
- The entire electoral exercise in India rests on three pillars — Article 326 of the Constitution, the Representation of the People Act 1950 and the Representation of the People Act 1951. Explain. (250 words)
- Give introduction by mentioning about electoral exercise in the country.
- Mention the constitutional provisions under Art 326 and give its significance.
- Mention the provisions of RPA Act 1950 and RPA Act
- Give a way forward highlighting their impact.
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