1. Manhattan Topic :- Fairness at Play: Introducing
electoral reforms to reduce the
influence of money and muscle
power in politics
Team Details:- Jaganjit Jena
Alok kumar Sahoo
Tanmay Dash
Subrat kumar Sahoo
Stithaprajna beuria
2. Criminalization of Politics or
Politicisation of Criminals
Backdrop
•Increasing cost of elections leading to
unethical, illegal and even mafia provided
electoral funding, corruption, criminalisation
and black money generation in various forms.
•Rigging and denial of voting rights to a large
number of citizens.
•Use of raw muscle power in the form of
intimidation of voters either to vote against their
will or not to vote at all, thus taking away the
right of free voting from large sections of
society and distorting the result thereby.
•Criminalisation of the electoral process –
increasing number of contestants with serious
criminal antecedents.
•An ineffective and slow judicial process of
dealing with election petitions
summary of criminal cases faced by the MPs of the
15th Lok Sabha
“There are 158 newly elected MPs with criminal cases
pending against them. Out of these, there are 74 MPs
having serious charges against them. Here is the high
level summary of the new Lok Sabha:
• Affidavits available for MPs - 543
• MPs with criminal charges - 161 (29.65 %)
• MPs with serious criminal charges - 75 (13.81 %)
• Total criminal cases against MPs - 512
• Total serious IPC sections against MPs - 272
• Total crorepati MPs – 314
As compared to 2004, the number of MPs with
pending criminal charges has gone up. There were 128
MPs with pending criminal cases against them in 2004
Lok Sabha out of which 55 had serious criminal
charges. There is an increase of about 25.78% in MPs
with criminal charges and 36.36% increase in the
number of MPs with serious criminal charges. There
however is a decrease of 9.93% in the number of
serious criminal charges on these MPs.”
3. CONSEQUENCE
After 67 years of India’s independence the lives of commoners is far worse
than under Britishers. The benefits of independence have reached only few,
thus creating islands of few ultra rich people surrounded by vast sea of utterly
poor. The rich people in nexus with those in power are getting favourable laws
enacted to suit their ends. Those in power are shamelessly enjoying 5-star
luxuries all at tax payer’s expense, while more then 50 million are starving to
death. The criminalization of politics, executive & judiciary is almost complete.
The corruption has spread its tentacles far & wide, there is corruption from
womb to tomb, from maternity hospital to grave yard. The injustices mated out,
the atrocities perpetrated by public servants are worse than Britishers. The
biggest confounding factor in the political environment of business is
criminalization of politics: people with criminal backgrounds becoming
politicians and elected representatives. Around 20% of the members of the
current Lok Sabha have criminal cases pending against them. The charges in
several of these cases are of heinous crimes such as murder, robbery,
kidnapping, and not just violation of Section 144, or something similar.
4. Recent exercise to deal with the matter
The Goswami Committee on Electoral Reforms (1990)
The Indrajit Gupta Committee on State Funding of
Elections (1998)
The Law Commission’s report on Reform of the Electoral
Laws (1999).
The Election Commission's comments on the
recommendations of the above three and its own proposals
based on experience of ground realities.
5. Criminalization of politics
Muscle Power: –
The influence of muscle power in Indian politics has been
a fact of life for a long time. The manner, in which different
political parties have functioned, particularly on the eve of
periodic election, involves the free use of musclemen and
Dadas to influence the attitude and conduct of sizable
sections of the electorate. The Panchayat elections, like
other elections in the recent past, have demonstrated
once again that there can be no sanity in India as long as
politics continues to be based on caste and community
Gangsters: -
The politicians are thriving today on the basis of muscle
power provided by criminals. The common people who
constitute the voters are in most cases too reluctant to
take measures that would curtail the criminal activities.
Once the political aspect joins the criminal elements the
nexus becomes extremely dangerous. Many of politicians
chose muscle power to gain vote bank in the country, and
they apply the assumption that, if we are unable to bring
faith in the community then we can generate fear or threat
to get the power in the form of election
Criminalisation of politics has many forms and the trend is alarming.
Significant number of elected representatives with criminal charges pending against them.
All the parties take the help of criminal elements to dominate the election scene in India.
The process is influencing the mind and the will of the people both to gain the majority to rule the country according to
their will.
The system is now changing into the dictatorship of criminals
The influence of muscle power in Indian politics has been a fact of life for a long time.
It involves the free use of musclemen and Dadas to influence the attitude and conduct of sizable sections of the
electorate.
The politicians are thriving today on the basis of muscle power provided by criminals. The common people who
constitute the voters are in most cases too reluctant to take measures that would curtail the criminal activities.
The political aspect joins the criminal elements the nexus becomes extremely dangerous.
Politicians chose muscle power to gain vote bank in the country, and they apply the assumption that, if we are unable to
bring faith in the community then we can generate fear or threat to get the power in the form of election
6. Money power
It is a widely accepted fact that huge election expenditure is the root cause for corruption in India.
A candidate has to spend lakhs of rupees to get elected and even if he gets elected, the total salary he gets
during his tenure as an MP/MLA will be meager compared to his election expenses.
They do so to bridge the gap between the income and expenses.
They amass the money through donations and secretly through illegal means.
In INDIA nowadays the 3Ms rule- Muscle power, money power and mafia power, having a great influence in the
conduct and outcome of election. Changes have to come sooner than later before the future of the country is at
stake?
Instead of using money in development plans our representatives corrupt state money so that they can use it in
the elections. Further even after election they are forced to corrupt to compensate for the money used during the
election while development take a back seat.
Large sum of money used during election for buying votes is against the spirit and soul of liberal democracy
where the freedom of choice is its watchword.
Winning election by money power throws out barbaric and incompetent representatives in our legislatures and
parliament while the deserving and competent leaders could make it to the law making body.
In short, money power is against the spirit of democracy, encourages unfair and illegal means, leads to
corruption, nepotism and in fact goes against the very soul of our constitution of justice enshrined in the
preamble.
7. Constitutional amendments called for
Direct election of the prime Minister / Chief Ministers by the public.
Selection of Chief election Commissioner
Regulation for paid news and surrogate advertisements
Special Election Tribunals to ensure speedy disposal of election petitions and
disputes .
Disclosure of party finances and corporate funding
tougher regime to deal with MPs or MLAs convicted for heinous offences like
rape and murder
Representation of the People Act be amended to provide that any person
charged with criminal charges should be debarred to participate in election.
existing ceiling on election expenses for the various legislative bodies be
suitably raised to a reasonable level reflecting the increasing costs.
any election campaigning on the basis of caste or religion and any attempt to
spread caste and communal hatred during elections should be punishable
with mandatory imprisonment.
8. Operational aspect to be taken care of
political parties as well as individual candidates be made subject to a
proper statutory audit of the amounts they spend.
every candidate at the time of election must declare his assets and
liabilities along with those of his close relatives
The rolls should be updated constantly and periodically posted on the
web site
use of tamper-proof video and other electronic surveillance at sensitive
polling stations/ constituencies.
Campaign period should be reduced considerably.
Candidates should not be allowed to contest election simultaneously
for the same office from more than one constituency.
The election code of conduct which should come into operation as
soon as the elections are announced .
9. CONCLUSION:-
To check the rot, several committees and commissions have been appointed for electoral
reforms and to look into the gravity of matter. It seems that establishing
committees/commissions becomes a routine activity of Indian government or we say that it
is a new trend in vogue!
These committees have suggested several measures like T.N. Seshan in 1992 the then
chief election commissioner of India aimed at eradicating criminalization of politics.
With the efforts of election commission in India, now declaration of all charges pending
against a political aspirant becomes obligatory through an affidavit along with nomination
form. There is a limit on election spending during campaign etc.
The concept of “judicial Activism” is also worth mentioning in this issue. But still a lot has
to be done to stem the rot. However, law alone cannot clean the electoral system.