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         News And Contemporary Issues
Issues for discussion (Module – IV) – Criminalization of
                        Politics




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                Criminalization of Politics
• Electoral fraud is illegal interference with the process of
  an election. Acts of fraud affect vote counts to bring
  about an election result, whether by increasing the vote
  share of the favored candidate, depressing the vote
  share of the rival candidates, or both.
• Also called voter fraud, the mechanisms involved
  include illegal voter registration, intimidation at polls and
  improper vote counting. What electoral fraud is under
  law varies from country to country.
• Many kinds of voter fraud are outlawed in electoral
  legislation, but others are in violation of general laws,
  such as those banning assault, harassment or libel.

                                                                        2
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              Criminalization of Politics
• Although technically the term 'electoral fraud' covers
  only those acts which are illegal, the term is sometimes
  used to describe acts which are legal but nevertheless
  considered morally unacceptable, outside the spirit of
  electoral laws, or in violation of the principles of
  democracy.
• “After Sixty four years of winning independence,
  India waits to be free again. To be freed from
  criminals who have muscled their way into power" –
  an appeal from the Public Interest Foundation.



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Criminalization of Politics




                                                    4
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                Criminalization of Politics
Increasing Criminalization of Politics in India
• Every country's fate depends upon its politics. It
  happens with India as well.
• However, it is felt that the common citizen of the
  country detaches himself from the politics. In India, it is
  very well said that all are the bird’s of the same feather
  (for our respected Politician).
• There are so many latest examples which proves the
  same. Let's start with A. Raja (headed the
  Telecommunications and IT Ministry) who is accused of
  2G spectrum from which India had to suffer a loss of Rs.
  200 crore (US$ 39.9 million).
• Suresh Kalmadi, the President of the Indian Olympic
                                                                        5
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                 Criminalization of Politics
• Association is stacked in Commonwealth Games 2011's
  scam which causes a loss of Rs 95 crore
  (US$18.53million).
• And the latest is the coal scam where the report of the
  Comptroller & Auditor General (CAG) on allotment of
  coal blocks without auction and India lost up to $210
  billion in revenue. This can be termed as the mother of
  all scam.
• There are endless other examples like that about the
  Indian politicians but still they getting the tickets, fighting
  the elections shamelessly and get win and sit on round
  chair.
• If somebody wants to raise his voice against the system,
                                                                           6
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                Criminalization of Politics
the government just tries to put them down. We have
  examples of Anna Hazare, the Indian social activist and
  Baba Ramdev, the famous Yoga guru in India.
• The incident that happened at Ram Lila Maidan at
  midnight of 5 June 2011 was a disgrace on the face
  of democracy where police raided the site forcefully,
  detained the guru, and removed his supporters.
• Seventy-one people were injured and moved to hospital.
• Even after the 65 years of India's sovereignty, the
  blessings of independence have reached only to the
  creamy layer of the society, thus creating India the island
  of few ultra rich people encircled by vast sea of entirely
  poor.
                                                                       7
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               Criminalization of Politics
• The criminalization of politics has spread its roots from
  legislature to executive and from executive to judiciary.
• In Indian parliament, around 20% of the members of the
  current Lok Sabha have criminal cases pending against
  them.
• The charges of these cases are of very serious crimes
  like rape, kidnapping, murder, robbery etc.
• The unscrupulous politician engages gangsters, to buy
  and sell votes, deliberately pressurize the common
  people to vote for a particular party or candidate.
• And gradually these criminals themselves enter into the
  law making bodies, democratically and made the law of
  the land.
                                                                      8
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                Criminalization of Politics
• Weak Judicial System & Denial of Justice: Thousands
  and thousands of cases are pending in District Courts,
  High Courts and Supreme Court against these criminal
  cum politicians.
• The definitions is the real problem. Therefore, unless a
  person has been convicted, he is not a criminal.
• This is the reason that they are fighting elections
  shamelessly and take the help of week judicial system to
  defend themselves.
• The state assembly elections of Bihar, UP, Haryana,
  Jharkhand, Andhra Pradesh points out towards one
  obvious tread in Indian politics- increasing criminalization
  of politics.
                                                                        9
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                Criminalization of Politics
• Lalu Prasad Yadav who served as the chief minister in
  Bihar from 1990 to 1997 has been charged in many
  corruption cases like of "Fodder Scam".
• 63-odd cases is filed against him. Moreover, at the time
  of assembly elections the Candidate list of his party has
  maximum number of criminals.
• Talking about the recent assembly election of UP, the
  Election commission of India has issued a list in which it
  was clearly stated that nearly 77 candidates with a
  criminal background.



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                Criminalization of Politics
• Mohammad Sahabuddin was elected to four successive
  terms in the Indian Parliament from 1996-2008 from
  Siwan constituency Bihar on RJD ticket.
• In 1996, Sahabuddin was named as a Minister of State
  for the Home Ministry in the H.D. Deve Gowda
  government.
• He is currently serving a life sentence for kidnapping with
  intent to murder and as many as 34 cases of serious
  crime are pending against him.
• Mukhtar Ansari won the Mau seat in the Uttar Pradesh
  Elections, 2007 as an Independent while lodged initially
  at Ghazipur jail.

                                                                   11
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               Criminalization of Politics
• Arun Gawli is one of the most notorious criminal turned
  politicians who is based in Mumbai. With his operations
  center at Dagdi Chawl in Bayculla he now enjoys the
  position of MLA. However, he has not been convicted of
  any crimes but has spent almost ten years in prison
• Shibu Soren is another politician who was the chief
  minister of Jharkhand and was found guilty of murder of
  his secretary.
• Raja Bhaiya is a SP leader who has royal ancestry;
  however he is a criminal and has spent considerable
  amount of time in Jail under the POTA (Prevention of
  Terrorist Activities) Act.
• Atiq Ahmad was a member of Lok Sabha from the
  Phulpur Lok Sabha Constituency in Uttar Pradesh.               12
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                Criminalization of Politics
• He is currently in prison facing trial in 35 criminal cases
  including several cases of murder. In the Indian general
  elections, 2009, he was allowed to contest in election
  since he is yet to be convicted in any case.
• The radical cause of increasing criminalisation of politics
  is nexus of muscle power, money power and politics.
  Criminalisation of politics is actually a mysterious
  enigma.
• Mohammad Shahabuddin is one of India's most
  powerful criminal-politicians and also known as
  robinhood for his good deeds.
• Four times Member of Parliament from Siwan, Bihar,
  with the Rashtriya Janata Dal (RJD) party of Lalu Prasad
  Yadav,                                                           13
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                Criminalization of Politics
• and 2-time MLA in the Bihar Vidhan Sabha (Legislative
  Assembly), he is currently serving a life sentence for
  kidnapping with intent to murder.
• Because of this conviction, he was not permitted to
  contest in the 2009 general election. He is also under
  trial in more than thirty criminal cases including eight of
  murder, twenty of attempted murder, as well as
  kidnapping, extortion, etc.
• Shahabuddin was elected to four successive terms in the
  Indian Parliament (Lok Sabha) from 1996-2008. In the
  2009 general election, the RJD party had put up his wife
  Hena Shahab from Siwan constituency in Bihar, but his
  long-time opponent, Om Prakash Yadav, defeated her
  by 63,000 votes (9%).                                            14
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               Criminalization of Politics
Indira Gandhi was the first woman Prime Minister of India.
   Political thinkers, even today consider Gandhi as the
   most controversial Premier of the nation.
• It was during her period in office, India was enveloped
   into "a state of emergency". (1975)
• In order to suppress the rising movement for a separate
   state called "Khalistan" Gandhi ordered the army to
   launch a manhunt inside the Golden Temple in Amritsar.
• The event was termed as the "Operation Blue-Star“
   (1980). She was accused of unfair treatment to the Sikhs
   and the anger was so intensified that on 31 October
   1984, she was shot by two of her Sikh bodyguards.

                                                                  15
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               Criminalization of Politics
Legal Threads:-
  (1) Vohra Committee:-
  12 bombs blasts that shook Bombay on 13 march 1993,
  had involved the collaboration of a diffuse network of
  criminal gangs, police and customs officials as well as
  their political




                                                                 16
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                Criminalization of Politics
• Patrons, a commission were institutes to investigate the
  so-called nexus.
• The report by N.N.Vohra found such deep involvement
  of politicians with organised crime all over India that it
  was barred from publication.
• Here Vohra observes "the various crime syndicate/mafia
  organisations have developed significant muscle and
  money power and established linkage with governmental
  functionaries, political leaders and other to be able to
  operate with impunity.
• As highlighted by the Vohra Committee Our elections
  involve a lot of black money and it is this use of black
  money in elections which has also brought
                                                                  17
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                 Criminalization of Politics
about the criminalization of politics. After all, the story of the
  Hawala scam started by the police stumbling to the Jain
  diaries in their effort to trace the money received by the
  Kashmir militants.
• The scam brought out the linkage between the corrupt
  businessmen, politicians, bureaucracy and the criminals.
• The 1993 Bombay blasts which took away the life of 300
  people was made possible because RDX could be
  smuggled by allegedly bribing a customs official with
  Rs.20 lakhs.
• Some 15 years ago Vohra committee submitted its
  report to curb criminalization of politics but the fact is that
  no application in this way is being made.
                                                                       18
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                Criminalization of Politics
• 93 MPs and 10 ministers in Manmohan Singh's ministry
  are under the scanner on various criminal charges.
• This is appalling. It is ironical that the executive and
  legislatures who make and implement policies and
  guidelines for the development are themselves acting as
  stumbling block in the development of the nation.
• The role of Supreme Court becomes very important
  here.
• The Right to Information Act 2005 is a historical Act that
  makes Government officials liable for punishment f they
  fail to respond to people within a stipulated timeframe.
• Many public servants are leading luxurious lifestyles,
  beyond the legal sources of their income.
                                                                   19
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                Criminalization of Politics
• These public servants are filing false affidavits about
  their annual income, wealth details to Election
  Commission of India / Vigilance Commission / other
  authorities, as the case may be.
• The authorities are not properly verifying these affidavits.
  Many scams, scandals are coming to light everyday,
  politicians are accusing each other of involvement in
  scams.
• Whereas, the said authorities are silent, as if those
  affidavits filed by tainted public servants are true. The
  tainted public servants are not even providing full, right
  information to public as per RTI Act, lest the truth come
  out.
                                                                    20
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                Criminalization of Politics
• Hence right to know as such implied in the freedom of
  speech and expression which is a legally considered
  right must have to be given a special value.
• Right to information as such will bring transparency of
  the government activities and allow the people to find
  remedies for those things by which they suffered.




                                                                  21
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                Criminalization of Politics
It ruled that every candidate, contesting an election to
    Parliament, State Legislatures or Municipal Corporation,
    has to declare the following along with the application for
    his/her candidature:
• A candidate's criminal charges
• The candidate's financial records
• The candidate's educational qualifications
• If the candidate fails to file any of the above three
    declarations, the Returning Officer will have the right to
    reject his nomination papers.
• The Supreme Court has ruled that all the three
    declarations will have to be true.
                                                                     22
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               Criminalization of Politics
• The Election Commission had sent a notification on June
  28, 2002, to all State Election Officers with a view to
  enforcing it.
• The Supreme Court's thrust has been that the people
  and the voters have the right to know about the
  candidate's criminal record, assets and liabilities and
  educational qualifications. The Returning Officer has
  to publish these declarations for the voters' knowledge.
• Among the Indian intelligentsia, the increasing
  Criminalization of politics has become an issue of prime
  concern.


                                                                 23
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                Criminalization of Politics
• It is the high time for the custodians of democracy in
  India- its common man- to pressurize the political parties
  to stop giving tickets to candidates with tainted records
  so that the politics will not become a smooth and easy
  task for criminals.




                                                                   24
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Criminalization of Politics




                                                25

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News & Contemporary Issues - Criminalization of politics 2

  • 1. Name of Institution News And Contemporary Issues Issues for discussion (Module – IV) – Criminalization of Politics 1
  • 2. Name of Institution Criminalization of Politics • Electoral fraud is illegal interference with the process of an election. Acts of fraud affect vote counts to bring about an election result, whether by increasing the vote share of the favored candidate, depressing the vote share of the rival candidates, or both. • Also called voter fraud, the mechanisms involved include illegal voter registration, intimidation at polls and improper vote counting. What electoral fraud is under law varies from country to country. • Many kinds of voter fraud are outlawed in electoral legislation, but others are in violation of general laws, such as those banning assault, harassment or libel. 2
  • 3. Name of Institution Criminalization of Politics • Although technically the term 'electoral fraud' covers only those acts which are illegal, the term is sometimes used to describe acts which are legal but nevertheless considered morally unacceptable, outside the spirit of electoral laws, or in violation of the principles of democracy. • “After Sixty four years of winning independence, India waits to be free again. To be freed from criminals who have muscled their way into power" – an appeal from the Public Interest Foundation. 3
  • 5. Name of Institution Criminalization of Politics Increasing Criminalization of Politics in India • Every country's fate depends upon its politics. It happens with India as well. • However, it is felt that the common citizen of the country detaches himself from the politics. In India, it is very well said that all are the bird’s of the same feather (for our respected Politician). • There are so many latest examples which proves the same. Let's start with A. Raja (headed the Telecommunications and IT Ministry) who is accused of 2G spectrum from which India had to suffer a loss of Rs. 200 crore (US$ 39.9 million). • Suresh Kalmadi, the President of the Indian Olympic 5
  • 6. Name of Institution Criminalization of Politics • Association is stacked in Commonwealth Games 2011's scam which causes a loss of Rs 95 crore (US$18.53million). • And the latest is the coal scam where the report of the Comptroller & Auditor General (CAG) on allotment of coal blocks without auction and India lost up to $210 billion in revenue. This can be termed as the mother of all scam. • There are endless other examples like that about the Indian politicians but still they getting the tickets, fighting the elections shamelessly and get win and sit on round chair. • If somebody wants to raise his voice against the system, 6
  • 7. Name of Institution Criminalization of Politics the government just tries to put them down. We have examples of Anna Hazare, the Indian social activist and Baba Ramdev, the famous Yoga guru in India. • The incident that happened at Ram Lila Maidan at midnight of 5 June 2011 was a disgrace on the face of democracy where police raided the site forcefully, detained the guru, and removed his supporters. • Seventy-one people were injured and moved to hospital. • Even after the 65 years of India's sovereignty, the blessings of independence have reached only to the creamy layer of the society, thus creating India the island of few ultra rich people encircled by vast sea of entirely poor. 7
  • 8. Name of Institution Criminalization of Politics • The criminalization of politics has spread its roots from legislature to executive and from executive to judiciary. • In Indian parliament, around 20% of the members of the current Lok Sabha have criminal cases pending against them. • The charges of these cases are of very serious crimes like rape, kidnapping, murder, robbery etc. • The unscrupulous politician engages gangsters, to buy and sell votes, deliberately pressurize the common people to vote for a particular party or candidate. • And gradually these criminals themselves enter into the law making bodies, democratically and made the law of the land. 8
  • 9. Name of Institution Criminalization of Politics • Weak Judicial System & Denial of Justice: Thousands and thousands of cases are pending in District Courts, High Courts and Supreme Court against these criminal cum politicians. • The definitions is the real problem. Therefore, unless a person has been convicted, he is not a criminal. • This is the reason that they are fighting elections shamelessly and take the help of week judicial system to defend themselves. • The state assembly elections of Bihar, UP, Haryana, Jharkhand, Andhra Pradesh points out towards one obvious tread in Indian politics- increasing criminalization of politics. 9
  • 10. Name of Institution Criminalization of Politics • Lalu Prasad Yadav who served as the chief minister in Bihar from 1990 to 1997 has been charged in many corruption cases like of "Fodder Scam". • 63-odd cases is filed against him. Moreover, at the time of assembly elections the Candidate list of his party has maximum number of criminals. • Talking about the recent assembly election of UP, the Election commission of India has issued a list in which it was clearly stated that nearly 77 candidates with a criminal background. 10
  • 11. Name of Institution Criminalization of Politics • Mohammad Sahabuddin was elected to four successive terms in the Indian Parliament from 1996-2008 from Siwan constituency Bihar on RJD ticket. • In 1996, Sahabuddin was named as a Minister of State for the Home Ministry in the H.D. Deve Gowda government. • He is currently serving a life sentence for kidnapping with intent to murder and as many as 34 cases of serious crime are pending against him. • Mukhtar Ansari won the Mau seat in the Uttar Pradesh Elections, 2007 as an Independent while lodged initially at Ghazipur jail. 11
  • 12. Name of Institution Criminalization of Politics • Arun Gawli is one of the most notorious criminal turned politicians who is based in Mumbai. With his operations center at Dagdi Chawl in Bayculla he now enjoys the position of MLA. However, he has not been convicted of any crimes but has spent almost ten years in prison • Shibu Soren is another politician who was the chief minister of Jharkhand and was found guilty of murder of his secretary. • Raja Bhaiya is a SP leader who has royal ancestry; however he is a criminal and has spent considerable amount of time in Jail under the POTA (Prevention of Terrorist Activities) Act. • Atiq Ahmad was a member of Lok Sabha from the Phulpur Lok Sabha Constituency in Uttar Pradesh. 12
  • 13. Name of Institution Criminalization of Politics • He is currently in prison facing trial in 35 criminal cases including several cases of murder. In the Indian general elections, 2009, he was allowed to contest in election since he is yet to be convicted in any case. • The radical cause of increasing criminalisation of politics is nexus of muscle power, money power and politics. Criminalisation of politics is actually a mysterious enigma. • Mohammad Shahabuddin is one of India's most powerful criminal-politicians and also known as robinhood for his good deeds. • Four times Member of Parliament from Siwan, Bihar, with the Rashtriya Janata Dal (RJD) party of Lalu Prasad Yadav, 13
  • 14. Name of Institution Criminalization of Politics • and 2-time MLA in the Bihar Vidhan Sabha (Legislative Assembly), he is currently serving a life sentence for kidnapping with intent to murder. • Because of this conviction, he was not permitted to contest in the 2009 general election. He is also under trial in more than thirty criminal cases including eight of murder, twenty of attempted murder, as well as kidnapping, extortion, etc. • Shahabuddin was elected to four successive terms in the Indian Parliament (Lok Sabha) from 1996-2008. In the 2009 general election, the RJD party had put up his wife Hena Shahab from Siwan constituency in Bihar, but his long-time opponent, Om Prakash Yadav, defeated her by 63,000 votes (9%). 14
  • 15. Name of Institution Criminalization of Politics Indira Gandhi was the first woman Prime Minister of India. Political thinkers, even today consider Gandhi as the most controversial Premier of the nation. • It was during her period in office, India was enveloped into "a state of emergency". (1975) • In order to suppress the rising movement for a separate state called "Khalistan" Gandhi ordered the army to launch a manhunt inside the Golden Temple in Amritsar. • The event was termed as the "Operation Blue-Star“ (1980). She was accused of unfair treatment to the Sikhs and the anger was so intensified that on 31 October 1984, she was shot by two of her Sikh bodyguards. 15
  • 16. Name of Institution Criminalization of Politics Legal Threads:- (1) Vohra Committee:- 12 bombs blasts that shook Bombay on 13 march 1993, had involved the collaboration of a diffuse network of criminal gangs, police and customs officials as well as their political 16
  • 17. Name of Institution Criminalization of Politics • Patrons, a commission were institutes to investigate the so-called nexus. • The report by N.N.Vohra found such deep involvement of politicians with organised crime all over India that it was barred from publication. • Here Vohra observes "the various crime syndicate/mafia organisations have developed significant muscle and money power and established linkage with governmental functionaries, political leaders and other to be able to operate with impunity. • As highlighted by the Vohra Committee Our elections involve a lot of black money and it is this use of black money in elections which has also brought 17
  • 18. Name of Institution Criminalization of Politics about the criminalization of politics. After all, the story of the Hawala scam started by the police stumbling to the Jain diaries in their effort to trace the money received by the Kashmir militants. • The scam brought out the linkage between the corrupt businessmen, politicians, bureaucracy and the criminals. • The 1993 Bombay blasts which took away the life of 300 people was made possible because RDX could be smuggled by allegedly bribing a customs official with Rs.20 lakhs. • Some 15 years ago Vohra committee submitted its report to curb criminalization of politics but the fact is that no application in this way is being made. 18
  • 19. Name of Institution Criminalization of Politics • 93 MPs and 10 ministers in Manmohan Singh's ministry are under the scanner on various criminal charges. • This is appalling. It is ironical that the executive and legislatures who make and implement policies and guidelines for the development are themselves acting as stumbling block in the development of the nation. • The role of Supreme Court becomes very important here. • The Right to Information Act 2005 is a historical Act that makes Government officials liable for punishment f they fail to respond to people within a stipulated timeframe. • Many public servants are leading luxurious lifestyles, beyond the legal sources of their income. 19
  • 20. Name of Institution Criminalization of Politics • These public servants are filing false affidavits about their annual income, wealth details to Election Commission of India / Vigilance Commission / other authorities, as the case may be. • The authorities are not properly verifying these affidavits. Many scams, scandals are coming to light everyday, politicians are accusing each other of involvement in scams. • Whereas, the said authorities are silent, as if those affidavits filed by tainted public servants are true. The tainted public servants are not even providing full, right information to public as per RTI Act, lest the truth come out. 20
  • 21. Name of Institution Criminalization of Politics • Hence right to know as such implied in the freedom of speech and expression which is a legally considered right must have to be given a special value. • Right to information as such will bring transparency of the government activities and allow the people to find remedies for those things by which they suffered. 21
  • 22. Name of Institution Criminalization of Politics It ruled that every candidate, contesting an election to Parliament, State Legislatures or Municipal Corporation, has to declare the following along with the application for his/her candidature: • A candidate's criminal charges • The candidate's financial records • The candidate's educational qualifications • If the candidate fails to file any of the above three declarations, the Returning Officer will have the right to reject his nomination papers. • The Supreme Court has ruled that all the three declarations will have to be true. 22
  • 23. Name of Institution Criminalization of Politics • The Election Commission had sent a notification on June 28, 2002, to all State Election Officers with a view to enforcing it. • The Supreme Court's thrust has been that the people and the voters have the right to know about the candidate's criminal record, assets and liabilities and educational qualifications. The Returning Officer has to publish these declarations for the voters' knowledge. • Among the Indian intelligentsia, the increasing Criminalization of politics has become an issue of prime concern. 23
  • 24. Name of Institution Criminalization of Politics • It is the high time for the custodians of democracy in India- its common man- to pressurize the political parties to stop giving tickets to candidates with tainted records so that the politics will not become a smooth and easy task for criminals. 24

Editor's Notes

  1. Amity Business School