Criminalization of Politics in India: A Critique

Research Proposal

CRIMINALIZATION OF POLITICS IN INDIA: A

CRITIQUE
1.1 INTRODUCTION

Politics, in its broadest sense, is the action through which individuals make, safeguard and
change the general standards under which they live.1in spite of the facts that the term is for
the most part connected to conduct inside the government, politics is seen in all human and
numerous non human group interactions, including corporate, academic and religious
establishments.2 “Politics is the matter of public affairs for a private advantage”- Bierce.3

Criminalization of politics gets its origin from the imperfections in the political system.thw
political system which embodies the politicians and the voters, is liable for this evil that has
extended in our society. Criminalization of politics a methodical reality of subversion of the
typical course of politics but illegal means proposed to accomplish private advantage. It
offers ascend to a sort of circumstance where there is an absence of straightforwardness and
responsibility, strength of muscle influence and black money, ravaging of assets widespread
defilement, dissent of equity and Rule of Law, contraction of popular sovereignty a chance to
set up generous control over political process.

It has been very much highlighted by the Presidential message to the country on 14 August
1989 which accentuates that the utilization of cash or muscle power and absolutely
unsuitable practices of voter’s intimidation and booth capturing affront the very
establishment of our socio –economic disorder.4 In a general election, Seshan , the Chief
Election Commissioner (as he then seemed to be ) cancelled polls in five parliamentary and
fifteen assembly constituencies of UP and Bihar in view of booth capturing and

1
Andrew Heywood,Politics,4,(2002)
2
Peeyush Arora,Dictionary of Political Science,377, (2007)
3
Id.,at 376
4
Quoted from R.Y.S PeriShastry, Elections : A code of Conduct of Contestants, XXXVII JPI, 153 at 157

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Criminalization of Politics in India: A Critique
Research Proposal

violence.5while highlighting the wrecking of democratic polity train Rao watches that several
criminal parties with a normal strength of 500 each, some of them on bail ,lakhs of
authorization and just as overwhelming unlicensed and indigenous weapons apart from the
immeasurable amounts of ammo and bombs constitute on a central part of the election places
in states like UP and Bihar specifically and others by and large. Murder of party employees
and candidates have become very common making it resemble our internal dangers to
democracy are much more savage than the external.6

Section IX A of IPC manages offences with respect to elections. It embodies nine Sections. It
defines and gives punishments for offences, for example, bribery, undue influence and
personating at elections and so on.7 Hence, IPC, provisions have been made to check election
malpractices yet ostensible punishment have been given and awareness is not taken in
indictment of election offenders. These provisions have been neglected to check
criminalization of politics. Along the lines, politicization of criminal should be checked by
all methods at disposal. This paper examines criminalization of politics and convictional
disqualifications to restrict the entry of criminal in the elective system.

1.2 SIGNIFICANCE OF THE RESEARCH

Political system is the social foundation which manages the administration of a state and its
association with the individuals. The political arrangement of a nation mans the structure of
organization that constitutes the state and its government. Criminalization of politics and
corruption in broad day life has turn into the greatest risk to the India , the world’s biggest
democracy. Strengthening of the India starts when the political process are free of all
misbehaviors, including criminalization .It is here that the nation should be careful to
guarantee that its parliamentary framework is not emptied by the criminalization of the
politics, as well as of its electoral process. This research will help in identifying various
problems pertaining to the criminalization of politics in India. The research will not only help

5
Meenu Roy, Chief Election Commissioner’s Controversial Role in the Election – 1991
6
GRS Rao, Electoral reforms : Touchstone of the basic process of power, 3 Politics India, 18 at 20 (1998)
7
These three offences have defined by SS171b,171D , IPC ( Indian Penal Code ) respectively.

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Criminalization of Politics in India: A Critique
Research Proposal

in identifying the problems but also in giving concrete suggestions to solve the problems
identified.

1.3 REVIEW OF LITERATURE

Literature review is the written and systematic summary of the research which is conducted
on a particular topic. It summarizes the background of the research .It shows the gap between
the Researchers curiosity and knowledge of the subject area. The researcher has categorized
few of the present literature into books, Articles, reports of various committee and case laws
and deal with them under the following heads:

1.3.1 Books

Snajeev Kanchan asserts that corruption has tun into a lifestyle in

India and all the more so assuring the process of elections. Author of this book8 gives the
compilation of the facts, laws identifying with respect to the election in Indian rules and
order under the constitution like the code of conduct election rules 1961, RPA 151, The
delimitation act 1972 and the different established provisions in regard to election in
India. This will help the researcher to explore the existing rules and provisions in relation
to the election process in India.

1.3.2 Articles

The author of this article9 endeavored to manage the developing concerns of

criminalization of politics and measures to deny the criminals from being getting elected
in the elections. Article highlights the significance of free and fair elections for the
powerful working of democracy. As per the author there is no regular accord among all

8
SANJEEVKANCHAN, MANUAL OF ELECTION LAWS & CODE OF CONDUCT (2nd ed.)
9
Mr. Ashok Wajde, Criminalization of politics : Protagonist Judiciary and the Election Commission of India

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Criminalization of Politics in India: A Critique
Research Proposal

the political parties in India to prevent such guilty criminals from being chosen as
representatives of the citizens. Despite of the fact the author did not notice about the
utilization of money and power amid the elections however he had not contemplated how
the unaccounted and illegitimate stores amid the decisions have added to this issue of
criminalization of politics.

1.3.3 Committee Reports

The Vohra Committee Report10 on Criminalization of politics was constituted to

distinguish the degree of the politician criminal nexus and suggest the routes in which the
menace can be battled. Vohra Committee found that all over India crime syndicates have
turn into a law unto themselves even in rural regions and small areas of muscle men have
turn into the order of the duty. Report discovers the evil connections between the media
and anti national components on one hand and civil servants and politicians on the other.

1.3.4 Case Laws

The supreme court of India in Sassangouda v. SB Amarbhed observed:

Booth capturing completely invalidates the election process and subverts the democratic
set up which is the basic feature of the constitution .Amid the post independence period
ten parliamentary election elections have entrenched democratic polity in this nation
which can’t be allowed to be dissolved by the indicating laxity in the matter of booth
capturing.11
Based on the literature above, which is predominantly secondary in the nature, the
researcher proposes to address the issue of ‘ Criminalization of politics in India’. The
present study will be a value addition to present the literature and will be good base for

10
N.N. Vohra Committee formed in October 1999.In the first meeting of the conference held on 15 th July 1993
11
Sasangouda v SB Amarbhed , AIR 1992 SC 1163

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Research Proposal

policy making in the India. It will also recommend and will analyze the topic in lights of
the recent developments.

1.4 OBJECTIVE OF THE RESEARCH

 To analyze the loopholes in the existing system that has paved way for criminals and
Mafia to get into politics and fight elections.

 To study how the unaccounted and illegitimate funds during the election have
contributed to this problem of Criminalization of Politics.

 TO study various judgments given by the supreme court and analyze their impact in
dealing with this problem of Criminalization of Politics.

 To find out the ways in which this problem can be dealt with. So that India could
become democracy in its true sense where majority will decide about their
representatives and not these Mafia and criminals.

1.5 RESEARCHERS QUESTIONS

 Whether existing constitutional and statutory mechanism is adequate to ensure the

free and fair election in India?
 Whether Amendments are required in the statutes so that inflow of black money
could be checked?

 How Political parties are contributing to this problem of Criminalization of Politics?

 Whether various reports given by the Executive committee have been successful in
dealing with this problem of criminalization of politics?

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Criminalization of Politics in India: A Critique
Research Proposal

 Whether there should be state financing of election?

1.6 RESEARCH METHODOLOGY

The method of the study will be purely doctrinal or non-empirical .The nature of the topic is
such that the best suited methodology of carrying out the research will be the pure doctrinal
method. The research work is based on documentary and analytical methods. The data will
be collected from the primary, as well as secondary sources. Regarding primary sources the
relevant data will be collected fro statues reports and various judicial decisions. As regard of
the secondary sources, the data will be collected from books journal articles newspapers
magazines and internet. The provision of all the codes, relating to the problem of
criminalization of politics has been thoroughly examined and efforts will be made to find out
the grey areas in its actual operation.

1.7 SOURCES OF DATA COLLECTION

The researcher will use the following sources of for the collection of data:

1) Primary Source: Indian statutes, judicial pronouncement and other sources such as some
government reports etc.

2) Secondary Sources: Journals, magazine, articles, new items (electronics & print), other
publication and online databases.

1.8 SCOPE AND LIMITATION OF THE RESEARCH

The researcher will study various books and case laws of Supreme Court Of India o the
matter. The researcher will analyze the effect of the problem of criminalization of politics

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Criminalization of Politics in India: A Critique
Research Proposal

economically, socially, politically as well as its effects on various institution like Police,
Judiciary, Parliament, Investigation agencies and media i.e. both visual and print media.

The limitations of this research are as follows:

1) Due to the time and resources constraints, the researcher will limit the scope of doctrinal
one, though there is scope for empirical research too.

2) It being part of the BBA LLB curriculum has to be submitted within the strict deadlines.
Hence time factor plays a major role in doing the research.

1.9 SCHEME OF THE STUDY

Chapter 1: Introduction

This section covers the brief view on criminalization of politics in India and it covers the
research problem, research objectives issues, research questions research meth dodgy.
Literature review, tools of data collection, roadmap of the research etc.

Chapter 2: Issues and concern of Criminalization of Politics and Historical Background

This section will cover the history and development of criminalization of politics. This
section will throw light on the reason as to how criminalization of politics has been evolved
over the years and also current issues and concerns. T will also discuss certain criminal
theories with respect to criminalization of politics.

Chapter 3: Legislative & Executive measures and Criminalization of Politics

The major laws are, The Representative of the people Act 1950, which mainly deals with the
preparation and the revision of the electoral rolls and The Representative of People Act 1951,
which deals, in detail, with all respect of the conduct of elections and post election disputes.
With the passage of time, elections have changed its horizon. This chapter is focused on the

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Criminalization of Politics in India: A Critique
Research Proposal

laws which directly or indirectly deal with the elections and criminalization of politics and
also the researcher will analyze those laws in detail. Further, it is argued in this chapter that
how criminals get into politics instead of existing provisions.

Chapter 4: Judicial Attitude towards Criminalization of Politics

This section will deal with the response of Indian judiciary towards the criminalization of
politics. The judiciary has come a long way in curbing the menace of criminalization of
Politics, by dealing with the various aspects in different judgments. So the researcher will be
discussing some relevant case laws under this chapter, where the issue was brought before
the court of law in India.

Chapter 5: Contribution of Political Parties towards this problem and state funding of
election

This section will analyze the role of different political parties. The researcher will also try to
analyze the relevant provisions in the relation to the registration of parties. The researcher
will also deal with the funding of elections and implication of the same.

Chapter 6: Conclusions and Suggestions

On the basis of findings of chapter 2-6 the researcher will conclude the research and will
come up with concrete suggestions.

1.10 BIBLOGRAPHY

Books
1. M.P Jain, Constitution Of India (7th Ed.) (2014)

2. SANJEEVKANCHAN, MANUAL OF ELECTION LAWS & CODE OF

CONDUCT (2nd Ed.)

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Criminalization of Politics in India: A Critique
Research Proposal

3. V. D Mahajan, Political Theory (1998 Ed.)

Commission and Committee Reports

1. N.N. Vohra Committee Report On Criminalization Of Politics.

2. National Commission To Review The Working Of The Constitution On Electoral
Reforms.

Articles

1. Mr. Ashok Wajde, Criminalization of politics : Protagonist Judiciary and the Election
Commission of India
2. GRS Rao, Electoral reforms : Touchstone of the basic process of power, 3 Politics
India, 18 at 20 (1998)
3. S.Annamallai,’ Support Growing For Curbing Criminalization Of Politics’

Web

1. Criminalisation of politics- a threat to democracy - Law Mantra Journal. Available

From : journal.lawmantra.co.in/wp-content/uploads/2015/10/10.pdf
2. Criminalisation of politics and indian administration – Pinnacle. Available from -
prj.co.in/setup/socialscience/paper74.pdf
3. www.legalserviceindia.com/article/l290-Criminalization-of-Politics.html
4. www.preservearticles.com/.../650-words-essay-on-criminalization-of-politics-in-india
5. https://www.scribd.com/doc/.../Criminalization-of-Politics-in-India-A-project-study

Newspapers

1. www.thehinducentre.com/verdict/get-the-fact/article5962667.ece
2. http://www.hindustantimes.com/india/how-the-sc-is-trying-to-stop-criminals-from-
entering-politics/story-dCB5TC9okGIwi074ExaQAL.html
3.

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