criminalization is a problem with Indian political parties? Do you agree with the statement? Give example in support
Answers
Answer:
yes criminalization is a problem.
if a person with criminal backgorund comes to power by force than democracy - to the people, for the people, by the poeple will be shattered. according to REPRESENTATION OF PEOPLES act 1950 and 1951 , its mentioned that any candidate wants to contest elections must not have criminal background.
Many leaders with criminal case are not able to elect. but we find mutiple leaders in parliament with cases pending thus still criminalization is a propbelm which needs to be settled.
Answer:
This article is based on “Owning up to criminalisation in politics” which was published in The Hindu on 10/07/2020. It talks about the menace of criminalisation of politics in India.
Upcoming Bihar elections in October 2020, will be the first election where the Supreme Court's decision (given in february 2020) that requires political parties to publish the entire criminal history of their candidates for elections along with the reasons to field such suspected criminals, will be implemented.
This judgement also requires such information mandatorily be published in a local and national newspaper as well as the parties’ social media handles.
While the judgment may have far-reaching consequences for curbing criminalisation of politics, yet still a lot has to be done to make a cleaner electoral process in India.
Significance of the Judgment
This order by the Supreme Court is in line with a series of judgments aimed at preserving the purity of the election process. Some of the judgements are as follows:
Directions to ensure the asset disclosure and criminal records of candidates.
The incorporation of the ‘none of the above’ option in the voting machine.
Invalidation of a clause that protected sitting legislators from immediate disqualification after conviction.
Establishment of special courts in all States for the quick disposal of cases involving elected representatives.
The political party and its leadership would for the first time have to publicly own up to criminalisation of politics, which they had been denying it all these years.
The judgment assumes importance amid the steady deterioration in politics over decades, with the decline accelerating in the last two decades.
In 2004, 24% of the Members of Parliament had criminal cases pending against them. It shot up to 30% in 2009 and 34% in 2014.
In 2019 as many as 43% of MPs had criminal cases pending against them.
Reasons of Criminalisation of Politics
Lack of Political Will: Majorly whatever progress made in curbing criminalisation of politics has been through the initiative of the Supreme Court and the Election Commission.
However, it is parliament's responsibility to amend the Representation of the People (RPA) Act 1951, which deals with disqualification of candidates against whom charges have been proved in court for serious offences.
In spite of taking appropriate measures to amend the RPA Act, there has been an unsaid understanding among the political parties which deters Parliament to make strong law curbing criminalisation of politics.
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