Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to election; RPA, 1951;
Why in the News?
The Supreme Court is reviewing petitions by Ashwin Upadhyay and others, asking for a lifetime ban on convicted people from contesting elections.
What does the RPA, 1951 stipulate with respect to electoral candidates convicted of criminal offences?
What are the various judgments of the SC which favour the decriminalisation of politics?
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What is the case for a lifetime ban on convicted individuals standing for office?
- Upholding Integrity & Public Trust: Lawmakers must adhere to the highest ethical standards as they create and enforce laws.
- Example: The Lily Thomas (2013) judgment disqualified convicted legislators immediately, reinforcing the need for clean governance.
- Parity with Government Jobs: A convicted person is ineligible for even a junior government job, yet they can contest elections after six years.Example: A person convicted under the Prevention of Corruption Act cannot work in government but can become an MP/MLA.
- Curbing Criminalisation of Politics: 46% of MPs in 2024 have criminal cases, and 31% face serious charges like rape, murder, and kidnapping. Example: Mohammad Shahabuddin, a former MP from Bihar, had multiple murder cases but was elected to office multiple times.
- Judicial & Expert Recommendations: The Supreme Court, Law Commission (1999, 2014), and Election Commission have all recommended stricter disqualification norms. Example: The Law Commission recommended barring individuals from contesting elections once charges are framed for serious offences.
- Strengthening Democracy & Rule of Law: A lifetime ban for heinous crimes and corruption would prevent criminals from misusing political power.Example: Lalu Prasad Yadav was convicted in the fodder scam but continued to influence politics despite being disqualified.
Should convicted persons be allowed to contest elections?
Arguments in Favour:
- Rehabilitation & Second Chance: A convict who has served their sentence should not be permanently barred from participating in democracy. Example: Nelson Mandela was convicted and imprisoned for 27 years but later became South Africa’s President, leading the country to democracy.
- Potential for Political Misuse: Opponents may misuse legal provisions by filing false cases to prevent strong candidates from contesting elections. Example: Political leaders in India, like Arvind Kejriwal, have faced multiple cases, some of which were later dismissed as politically motivated.
- Disproportionate Punishment: Not all convictions involve moral turpitude or crimes against society. A blanket ban would be excessive in certain cases. Example: A person convicted for protesting against an unjust law (civil disobedience) should not be equated with someone convicted of corruption or murder.
Arguments Against:
- Ensuring Clean Politics: Public representatives should maintain high ethical standards, and allowing convicts to contest elections erodes trust in governance. Example: Mohammad Shahabuddin, a convicted criminal, was elected multiple times despite serious charges, highlighting flaws in the system.
- Parity with Government Jobs: If convicted individuals are ineligible for government employment, they should also be barred from lawmaking positions. Example: A person convicted under the Prevention of Corruption Act cannot hold a bureaucratic post but can become an MP or MLA, which is inconsistent.
- Threat to Democratic Institutions: Criminally convicted politicians can misuse their power to influence investigations, intimidate witnesses, and weaken democratic institutions. Example: Politicians with serious criminal cases often manipulate legal loopholes and delay proceedings to continue contesting elections.
Way forward:
- Stricter Disqualification Norms: Implement a lifetime ban on candidates convicted of heinous crimes (murder, rape, corruption) while allowing judicial review for politically motivated cases. Strengthen laws to bar individuals from contesting elections once charges are framed for serious offences, as recommended by the Law Commission.
- Electoral & Judicial Reforms: Fast-track trials of politicians facing criminal cases through special courts, ensuring timely justice. Strengthen the Election Commission’s authority to scrutinize candidates and enforce stricter disclosure norms on criminal records.
Mains PYQ:
Q There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act”. Comment. (UPSC IAS/2020)
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