PRS research-
- 85% crorepatis in 17th LS
- 72% are minimum graduates
- 14% women (24% is global avg) (Need to pass 108th constitution amendment bill giving 33% reservation to women)
- 5%Muslims in a 13% population
- 43% have criminal record with 29% having serious charges against them like rape,murder,sexual assault- ADR
- 22% OBC
- 42.5% upper castes
- 9.5% religions minorities
- 15.7% SC
- 9.5%ST
- Increasing civil servants in politics like RK Singh, Satyapal Singh, Hardeep Singh Puri, KJ Alphons
- Political scientist Cristophe Jaffrelot has remarked that In India people are under rule of money and muscle power rather than under the rule of law.
- reasons:
- vote bank politics
- role of caste,ethnicity,religion
- electoral funding
- lack of deterrence due to poor conviction rates
- With parties priortising winnability over morality, criminals have prospered in politics and greatly contributed to the weakening of rule of law.
- no limit on party’s electoral spending
- Steps taken:
- ADR case,2002: SC ruled that candidates must declare their assets,liabilities and criminal antecedants,etc
- Lily Thomas case,2013 SC dircted convicted MP/MLA would be disqualified with immediate effect
- NOTA(PUCL vs UOI case,2013)
- Rambabu Singh Thakur case, 2020 SC said-
- SC has asked EC that if these orders are not fulfilled it can file cases against party prez under contempt of court charges.
- SC has asked centre to set up 15 FTC to deal with cases relating to politicians
- ECISVEEP to increase voter awareness and information on candidates fighting elections for better electoral decision making.
- Way ahead-
- Both law commission and EC have recommended that if charges have been framed by a court for a henious crime with punishment > 5 years, irrespective of convictioin, the candidate should be barred from contesting elections.
- Conclusion- SC has said that criminalisation of politics is extremely disastrous and a lamentable situation. It has propensity to send shivers down the spine of Indian democracy. There is need to increase role of civil society to improve accountability of representatives to help strengthen representative democracy in the country.
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