Arrested. Indicted ... Still a politician
India’s top court yesterday washed its hands of a contentious issue that has dogged the nation for decades — entry of criminals into parliament and state legislatures.
In a disappointing verdict, a bench headed by the country’s chief justice threw the ball at the government, saying only parliament can enact a law that effectively prevents criminals from getting elected. India’s Representation of the People Act says anyone found guilty of a criminal offence is disqualified from fighting elections for six years.
Still, around 1,700 or a third of elected lawmakers in parliament and state bodies have criminal records, including murder, assault, rape and intimidation.
Why is that? The law has a hole: It disqualifies only those who are found guilty of a criminal offence in a court of law, but is silent on those who are indicted or chargesheeted for serious crimes by prosecuting agencies. So, a man or a woman who is facing court trial for murder can fight election by simply declaring charges against them on an affidavit.
As a result of this lacuna in the legal provision, criminals routinely enter parliament by becoming lawmakers and even ministers, reaching positions of influence to control the police, investigators, prosecutors, witnesses and in some cases even judges. Which officer or prosecutor can then muster the courage to drag a minister or a ruling party lawmaker to court?
Moreover, Indian courts are notorious for delays and millions of cases remain pending as files gather dust in judiciary record rooms. That is why even those who are arrested and indicted for serious crimes remain eligible to fight elections.
In that sense, the Supreme Court verdict declining to ban politicians with criminal cases is a huge blow to the very foundation of democracy. By expecting politicians to enact a law to punish their own is not very different from hoping a mobster will hear his own bail application on merit!
There are many reasons why musclemen and criminals are loved by all political parties in India. They have cash to spend, can mobilise people and resources and are capable of fighting elections with little or no dependence on parties. Unfortunately, elections are a messy affair in India, where money and muscle are critical for victory and political expansion.
Yesterday’s order by a bench headed by the outgoing chief justice will have another serious implication: The inability of the judiciary to ban criminals from fighting elections will deter people with clean record to join electoral politics as they simple can’t match the money and muscle power of criminals.