Syllabus: GS-II & V: Representation of People’s Act

Why in the news?

Ahead of Assam Assembly Elections 2026, reports show that 14% of candidates have criminal cases, highlighting the growing issue of criminalisation of politics.

What is Criminalisation of Politics?

Criminalization of politics refers to the infiltration of criminals, lawbreakers, and corrupt

individuals into the political system, who then use their power and influence to further their own

interests at the cost of the country and its citizens.

Data & Trends

• Assam Elections 2026:
  • 102 out of 722 candidates have criminal cases
  • 82 candidates face serious criminal charges
• National Trends:
  • 2024 Lok Sabha: 31% MPs have serious criminal cases
  • Candidates with criminal cases have higher chances of winning (15.3%)

Causes of Criminalisation

• Money and Muscle Power:
  • Candidates with criminal records can provide funding and influence, increasing “winnability”
• Weak Judicial System:
  • Delayed trials and low conviction rates
• Vote Bank Politics:
  • Parties prioritise electoral success over ethics as money and muscle power of criminals help political parties gain votes
• Lack of Intra-party Democracy:
  • Candidate selection controlled by top leadership, thus, politicians with criminal records often escape the scrutiny by local workers
• Low Voter Awareness:
  • Voters often unaware of criminal backgrounds of the candidate

Impact on Democracy

• Erosion of Rule of Law: Lawbreakers become lawmakers
• Increased Corruption: Misuse of public resources
• Weakening of Institutions: Legislature and governance lose credibility
• Loss of Public Trust: Citizens lose faith in democracy
• Negative Social Impact: Normalisation of crime in politics

Legal & Institutional Framework

• Representation of the People Act, 1951:
  • Disqualification only after conviction
• Election Commission of India:
  • Ensures free and fair elections

Supreme Court Judgements

• Association for Democratic Reforms Case (2002):
  • Mandatory disclosure of criminal records
• Lily Thomas Case (2013):
  • Immediate disqualification upon conviction
• Public Interest Foundation Case (2014):
  • Fast-track trials for elected representatives
• Rambabu Singh Thakur Case (2020):
  • Mandatory publicity of candidates’ criminal history

Committee Recommendations

• Vohra Committee (1993):
  • Highlighted nexus between politicians, criminals, and bureaucracy
• Dinesh Goswami Committee (1990):
  • Suggested electoral reforms and state funding

Way Forward

• Establish fast-track courts for political cases
• Strengthen Election Commission powers
• Bring political parties under Right to Information
• Reform Representation of the People Act
• Promote voter awareness and ethical voting

Key Terms Explained

• Criminal Antecedents: Past criminal record of a candidate
• Electoral Reforms: Changes to improve election system
• Rule of Law: Law applies equally to all
• Fast-track Courts: Special courts for speedy trials
• Accountability: Responsibility of leaders to citizens

Key Takeaways

• Criminalisation is a serious threat to democracy
• Legal provisions exist but implementation gaps remain
• Voter awareness + institutional reform is key

Mains Question

“Criminalisation of politics undermines democratic governance in India.” Discuss causes and suggest reforms.

One-line wrap: Unless checked, criminalisation of politics risks turning democracy into a system where power overrides justice and public interest.

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