ADR Report: Criminalization of Indian Politics

Current Context : The Association for Democratic Reforms (ADR) released a report analyzing the criminal background of ministers across India.

KEY FINDINGS

• Ministers Analyzed: 643 (27 States + 3 UTs + Union Council)
• Criminal Cases: 47% declared criminal cases
• Serious Criminal Cases: 27% declared cases like murder, attempt to murder, kidnapping, crimes against women

CAUSES OF CRIMINALIZATION

• Muscle Power: Criminal nexus used to influence elections (noted in Dharam Vira Commission, 1977)
• Money Power: High election spending, corruption, illegal funding
• Identity Politics: Caste/religion overshadowing criminal records
• Weak Laws & Delays: Slow judicial process, poor enforcement

IMPACTS

• Weakening of democracy and rule of law
• Justice delayed, erosion of accountability
• Risk of a “government of criminals, by criminals, for criminals”

MEASURES TAKEN

• Legislative: Section 8(3), Representation of People Act, 1951 – disqualification after conviction (2+ years sentence).
• Judicial Pronouncements:
  • Union of India v ADR (2002): Mandatory disclosure of criminal records.
  • Public Interest Foundation v Union of India (2018): Parties must publish candidates’ criminal records.
  • Lily Thomas v Union of India (2013): Immediate disqualification of convicted legislators.