Criminalization of Politics in India

-K.M.C. Arunmokan
BA0130014

Introduction:
We live in the biggest democracy of the world and government runs for the people as
claimed. But how far is it believable that government is completely an uncorrupted one and
runs just for the people and not upon the whims and fancies of anyone?

Basically, “Criminalization of Politics” refers to those acts carried out by persons with
Legislative, Judicial or Executive Authority, (as opposed to the belief that it is limited to
political authority) which undermine the constitutional fundamentals of India. In India, these
fundamentals are governed by the basic spirit of governance, which is Democracy.

So this research paper basically deals with Criminalisation of politics in India. The modern
definition of Criminalization in politics tends to incorporate more than just the
criminalization in “Politics” (in the purer sense of the term) and extends the scope of the term
to forms of criminalization in Electoral Politics, Policy-making Politics, Judiciary, Executive
and even the Administration. This is so because the modern day definition of Politics imbibes
in itself the concept of “Governance” which is holistic.

Since this curriculum, this paper is based on Election law, this research paper primarily
emphasizes about the criminalization scenarios that occur in Electoral politics apart from
explaining the various types of criminalization in politics that happens in our modern
scenario like candidates with previous criminal records, bribing to gain the vote banks, usage
of gangsters during elections etc.

By the end of research, researcher tends to understand the part played by the legislation in
regulation of criminalization of electoral politics and how it maintains the dignity of elections
which in further leads to formation of Government which is the ultimatum of Democracy.
This study would further lead to broader understanding of measures taken by the election
commission and its’ powers in decriminalization of electoral politics.

Key Words: Criminalization, Politics, Electoral Politics, Democracy.

Aim:

By this paper, researcher tries to understand the criminalization of politics in our country
emphasizing the electoral politics scenario. Research also tends to understand the sources of
criminalization of electoral politics. Apart from that researcher also aims to understand the
regulations imposed by the legislation in decriminalizing the electoral politics along with
broader understanding of powers of election commission in regard with the same.

Hypothesis:

By this paper, the researcher hypothesizes that inspite of laws being enacted by the
government to decriminalize the politics, activeness of criminals in politics and politicians
cum criminals in politics is seen every day. Therefore, it makes us to question ourselves
whether decriminalization of politics is a dream that can be never achieved. Therefore,
researcher believes that Government has more responsibility to enact better stringent laws to
decriminalize politics but on the other hand the reality slaps that government is filled with
most of politicians who have criminal background.

Literature Review:

1. Article on Criminalisation of Politics- Nidhi Soni:

This article deals about the basic historical background of Criminalisation of Politics
in India along with the various types in which criminalisation of politics happens.
Apart from that, the researcher has also analysed the various reasons that nurture
criminalisation in politics. The researcher towards the end of the article has dealt with
the legal threads like Judgments of Supreme Court, Vohra Committee Report etc
which still makes the public to believe in government which has the power to
decriminalize politics.
2. Vohra Committee Report- By N.N Vohra, Former Indian Home Union
Secretary:
This report tries to bring out the nexus between Criminals, Politicians and
Bureaucrats. This report contains the observation made by the committee, which
establishes that criminal network in the society are running a parallel government and
criminalisation in the politics starts from the real estates in society by forcibly
occupying lands, buildings which are the main source of income. This offence is
supported by politicians and bureaucrats and the income earned is spent during the
 elections by Politicians. Supreme Court directed to set up another committee to make
observations and submit a report in detail which has been not done yet.
3. Book on When Crime Pays: Money and Muscle in Indian Politics by Milan
Vaishnav.
In this book the author had come up with reasons why criminals are now turning into
active politicians in India. The reason that author has come up with is that criminals
are used by the politicians for their party works and their own career progress.
Criminals are been funded by politicians and over a period of time, criminals when
they attain the monetary stage as self-financing candidate to party, they are been given
a red carpet entry into politics by any of the leading politics. The author has also come
up with various examples such as Arun Gawli, Haji Mastan, Shahabuddin etc.

Limitation:

Since this paper is purely based on Criminalization of Politics in India, the researcher has
limited himself to understand the scenario in India and does not tend to understand the global
scenario or regulations imposed by other countries to tackle the same.

Research Methodology:

The Researcher has conducted Doctrinal Research. The Researcher has purely relied upon the
primary data such as legislations and secondary data such as articles and cases decided by the
courts of India.

Research Question:

1. What are the sources of Criminalization of Politics?

2. Whether laws governing the electoral politics are effective in decriminalization of
electoral politics?

Tentative Chapterization:

1. Introduction
2. Criminalization of Politics- An overview
3. Decriminalization of Electoral Politics
4. Criminalization of Politics a threat to democracy?
5. Conclusion
References:

1. Article on Criminalisation of Politics- Nidhi Soni

http://www.legalserviceindia.com/article/l290-Criminalization-of-Politics.html last
accessed on 15/03/2018 13.12 P.M IST
2. Vohra Committee Report- By N.N Vohra, Former Indian Home Union Secretary
https://adrindia.org/sites/default/files/VOHRA%20COMMITTEE%20REPORT_0.pdf
last accessed on 15/03/2018 17.07 P.M IST
3. Book on When Crime Pays: Money and Muscle in Indian Politics by Milan
Vaishnav, Harper Collins, 2017.