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ESC

The PIL challenges constitutional validity of Sections 8 & 9 of Representation of People Act, 1951 to prevent criminals from re-entering politics.

  • Representation of People Act bars disqualifies person convicted of a criminal offense and sentenced to imprisonment for not less than 2 years and 6 years after release.

Criminalization of Politics

  • Criminalization of politics refers to the increasing involvement of individuals with criminal backgrounds in the political system.
  • According to Association for Democratic Reforms (ADR) 
    • 251 (46%) of the 543 elected MPs in 2024, have criminal cases against them,
      • 171 (31%) face serious criminal charges including rape, murder, kidnapping etc.
    • The chances of winning for a candidate with a criminal background were 15.4% as against just 4.4% for a candidate with a clean background.

Impact

  • Economic: Use of black money in elections and indirect promotion of crony capitalism.
  • Social: Focus on maximizing financial and muscle power impacts the cause of social welfare, promotes culture of violence and social disharmony.
  • Political: It promotes freebies (Rewdi culture), vote bribery and undermines principles of Free and Fair Elections and good governance.

Related SC Judgments

  • Association for Democratic Reforms (ADR) case (2002): Mandates disclosure of criminal records of all candidates contesting elections. 
  • Lily Thomas case (2013): A sitting legislator is disqualified immediately after conviction.
  • Public Interest Foundation v. Union of India (2019): Political parties publish the criminal record of their candidates on their websites, social media and local newspapers.
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