Context: Legal Provisions under the Representation of the People Act, 1951 (RP Act, 1951)
- Section 8(3): Disqualifies a person convicted of a criminal offense with imprisonment of at least two years. The disqualification extends for six years post-release.
- Section 8(1): Includes disqualification for heinous crimes like rape, untouchability (PCR Act), unlawful association (UAPA), and corruption (Prevention of Corruption Act), irrespective of sentence duration.
- Section 8(4): Previously allowed sitting legislators to continue post-conviction if they appealed. Struck down in the Lily Thomas case (2013).
- Section 11: Election Commission (EC) can reduce or remove disqualification. Used in 2019 to shorten Prem Singh Tamang’s disqualification period.
Relevance : GS 2(Elections)
Key Supreme Court Judgments Supporting Decriminalization of Politics
- ADR Case (2002): Mandated candidates to disclose criminal records.
- CEC vs. Jan Chaukidar (2013): Held that undertrial prisoners cannot contest elections, but Parliament later overturned this through an amendment.
- Lily Thomas Case (2013): Invalidated Section 8(4), ensuring immediate disqualification of convicted legislators.
Current Petition for a Lifetime Ban
- Petition seeks a permanent ban on convicted persons from contesting elections.
- Argument: If convicted individuals are barred from government jobs, they should not become lawmakers.
- Government’s stance (2020): MPs and MLAs are not subject to service conditions like government employees, and the existing six-year disqualification is adequate.
Criminalization of Politics: The Data
- ADR Report (2024):
- 46% (251 out of 543) elected MPs have criminal cases.
- 31% (171 MPs) face serious charges like rape, murder, and kidnapping.
- Candidates with a criminal background had a 15.4% winning chance, while clean-background candidates had only 4.4%.
Recommendations and Challenges
- Law Commission (1999, 2014) and EC:
- Recommended disqualification of candidates facing charges for crimes punishable with more than five years.
- However, concerns remain about misuse of politically motivated cases.
- Way Forward:
- Possible lifetime disqualification for heinous crimes and corruption-related offenses.
- Review of EC’s power to reduce disqualification periods.
- Need for political consensus on stricter norms to curb criminalization.
