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Criminalization of Politics (Factors responsible (No specification in…
Criminalization of Politics
Facts
Association of Democratic Reforms Report 2014 -
30% of sitting MLAs and MPs face criminal charges
BJP - 32% MPs, 19% serious crimes
Congress - 15% MPs, 8% serious crimes
Hardly any difference between national and regional parties
Factors responsible
No specification in Constitution,
Specified by RPA which Parliament can amend
Pendency of politician's cases
Only convicted politicians are barred
Low conviction of Politicians
30% face cases but only 0.5% convicted
Attitude of voters
Parties seeing electoral gains as a result
Reforms till now
Judiciary
Mandatory for candidates to submit affidavit with full disclosure of criminal cases pending against them
Details of their asset and income
Option of NOTA
Mandatory public disclosure through print and electronic media by parties and candidates.
Can't disqualify politicians facing criminal cases
Election Commission
Limited powers to bring laws
Issue with reforms
One-dimensional approach with changes only in law
Gap between intent and implementation
Why bother
Root of our governance challenges
Our representatives
Make laws that govern us
Dr. Rajendra Prasad - "If the people who are elected are capable and men of character and integrity, then they would be able to make the best of even of a defective constitution. If they are lacking in these, the constitution cannot help the country. After all, a constitution like a machine is a lifeless thing"
Law Commission recommends
Disqualification during charging if backed by substantial claim
Include only criminal offences of extreme nature
No disqualification if charged 1 year before election
Speedy trail of cases, judgement within year
Election Commission agrees with above
Way forward
Move away from single-pronged approach of legislative and judiciary
Address the entire chain of electoral system
Sensitising electorate about role of representatives
Reform within political parties, strong inner democracy
Judicial overhaul for swift case closure
Current rules
Convicted politicians are barred
If jail term of 2 years then can't contest for next 6 years
Sitting MLA or MP if convicted for 2 years or more, loses their seat