In Parliament’s court

In Parliament’s court

Article:

  1. Author raising concern over rising criminalization of Politics in India and an inefficient mechanism to deal with it

Important Analysis:

2. Author has talked about the issue of candidates facing criminal charges getting elected in Parliament and State Legislature.

3. Data presented by Association for Democratic Reforms (ADR).

  • There are more than 1,500 MPs and MLAs in Parliament and State Assemblies with criminal cases pending against them.
  • More than 100 MPs are charged with crimes against women and kidnapping
  • In Upper House; of 228 members of the Rajya Sabha for whom data could be analyzed, 20 have cases of serious crimes pending against them

4. The court mentioned that it was not within its powers to disqualify politicians facing criminal cases from contesting election, but recommended that Parliament enact a strong law.

5. However, the court made it mandatory for political parties and candidates themselves to make public disclosure through print and electronic media about their criminal records.

6. Some important changes in the electoral laws towards decriminalization of politics.

  • Making it mandatory for candidates to submit an affidavit with full disclosure of criminal cases.
  • Disclose details of their asset and income online — were made mandatory by the judiciary.
  • Providing an option to voters to exercise None of the Above (NOTA).

7. Why political parties have failed to bring an effective mechanism:

  • None of the political party is free of criminalization.
  • The use of muscle power along with money power is a weapon used by all political parties to maximize electoral gains.
  • Any move to ban candidates with a criminal record from contesting elections would mean political parties inflicting self-harm.
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