Introduction
Criminalisation of politics in India means the growing presence of individuals with criminal backgrounds in elected offices. Many politicians contest and win elections despite facing serious criminal charges. This trend weakens democratic values and public trust. Criminals often use money power, muscle power, and fear to influence voters. Political parties frequently support such candidates because they appear more likely to win elections.
This issue does not only involve convicted criminals. It mainly concerns candidates with pending cases, including grave offences. Since Indian law allows such candidates to contest, the problem continues to expand. As a result, lawmaking institutions increasingly include individuals accused of breaking the law.
Why Has Criminalisation of Politics Increased in India?
Several factors drive the criminalisation of politics in India. The strongest reason is the deep nexus between politicians and criminals. Politicians depend on criminals for funding and intimidation during elections. Criminals, in return, gain political protection and social legitimacy.
Weak law enforcement further worsens the issue. Police investigations move slowly. Courts take years to deliver verdicts. Long trials allow accused politicians to contest multiple elections. The Representation of the People Act, 1951 disqualifies candidates only after conviction, not after charges are framed. This loophole benefits accused leaders.
Vote-bank politics also plays a major role. Parties prioritise caste, religion, and local influence over integrity. Voters often support candidates based on identity or short-term benefits. Political parties therefore choose “winnable” candidates, even if they have criminal records.
How Serious Is the Problem According to Recent Data?
Recent data highlights the alarming scale of criminalisation. Reports by the Association for Democratic Reforms show that nearly half of sitting MLAs in India have declared criminal cases. A significant portion of them face serious charges such as murder, attempt to murder, and crimes against women.
The situation among ministers is equally concerning. Almost half of the ministers across states have criminal cases against them. Many face charges that directly threaten public safety and constitutional morality. Regional parties often show a higher percentage of such candidates compared to national parties. This trend reflects a systemic failure rather than isolated incidents.
The data clearly shows that criminalisation has become normalised within India’s political system.
What Role Has the Judiciary Played So Far?
The Supreme Court has played a critical role in addressing criminalisation of politics. In the landmark Association for Democratic Reforms case in 2002, the Court strengthened the voter’s right to information. It made it mandatory for candidates to disclose criminal cases, assets, liabilities, and educational qualifications.
In 2013, the Court delivered another important judgment in Lily Thomas v. Union of India. It struck down Section 8(4) of the Representation of the People Act. This ruling ensured immediate disqualification of legislators upon conviction. Earlier, convicted lawmakers could continue in office while appealing their verdict.
More recently, the Court directed political parties to publicly disclose criminal details of candidates. Parties must also explain why they selected such candidates over clean alternatives. These disclosures must appear within a fixed time frame through websites, newspapers, and social media.
Despite these interventions, the judiciary alone cannot fully solve the problem.
What Reforms Can Reduce Criminalisation of Politics?
Experts and institutions have suggested several reforms. The Law Commission of India recommends disqualification at the stage of framing of charges for serious offences. Safeguards can prevent misuse by ensuring judicial scrutiny and limiting it to heinous crimes. Fast-track courts for cases involving MPs and MLAs can significantly reduce delays. Speedy trials would ensure timely justice and accountability. Some experts also support lifetime bans for politicians convicted of grave offences.
Strengthening the powers of the Election Commission can improve enforcement. Transparent political funding and partial state funding of elections can reduce dependence on black money. Greater voter awareness can also create pressure on parties to field clean candidates. Technology-based voter information platforms help citizens make informed choices. NOTA, though symbolic, highlights public dissatisfaction and demands better alternatives.
Why Does Criminalisation of Politics Threaten Indian Democracy?
Criminalisation directly affects governance and policymaking. Lawmakers with criminal backgrounds often prioritise personal interests over public welfare. They weaken institutions meant to uphold the rule of law. This trend discourages honest citizens from entering politics. Public faith in democracy erodes when criminals hold power. It creates a cycle where crime, money, and politics reinforce each other. Breaking this cycle requires legal reform, judicial efficiency, political will, and active citizen participation.
Conclusion
India can reduce criminalisation if institutions act collectively. Laws must evolve with safeguards. Courts must deliver timely justice. Political parties must show ethical responsibility. Voters must reject criminal candidates consistently. Decriminalising politics is not impossible. It demands sustained reform and democratic vigilance. Only then can Indian democracy truly reflect constitutional values and public trust.
