Criminalization in Politics

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GROUP 4: ABHINAV MISHRA (644) RIYA RAAJ (637) ABHIMANYU VERMA (612) NIKITA VASU (606) Criminalization In Politics Group 4 A Political Science Project In the fulfillment for the requirement of the project on the subject of Political Science of B.A., L.L.B. (Hons.), Third Semester Submitted To: Prof. Ms. Shveta Dhaliwal

Transcript of Criminalization in Politics

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GROUP 4:

ABHINAV MISHRA (644)

RIYA RAAJ (637)

ABHIMANYU VERMA (612)

NIKITA VASU (606)

Criminalization

In Politics

Group 4

A

Political Science

Project In the fulfillment for the requirement of the project on

the subject of Political Science of B.A., L.L.B. (Hons.), Third Semester

Submitted To: Prof.

Ms. Shveta

Dhaliwal

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RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

PATIALA-147001 (PUNJAB)

Ms. Shveta Dhaliwal Patiala (Punjab)

Assistant Professor in Political Science Date: ____

RGNUL, Punjab

Patiala

SUPERVISOR’S CERTIFACTE

This is to certify that the Project Report entitled: CRIMINALIZATION OF POLITICS

submitted to the Rajiv Gandhi National University of Law, Punjab in partial fulfillment of the

requirements for B.A. LL.B (Hons.), Third semester is an original and bona-fide research

work carried out by Nikita Vasu, Abhimanyu Verma, Riya Prem Raaj and Abhinav Mishra

under my supervision and guidance. No part of this study has been submitted to any

University for the award of any Degree or Diploma whatsoever.

______________________

(Ms. Shveta Dhaliwal)

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PREFACE

We feel great pleasure in presenting the project under study. We hope that the readers will

find the project interesting and that the project in its present from shall be well received by

all. The project contains the reasons and explanations’ for the Criminalization of Politics in

India and ways and means to curb it.

Every effort is made to keep the project error free. We would gratefully acknowledge the

suggestions to improve the project to make it more useful.

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ACKNOWLEDGMENT

We have been taught the subject of Political Science by our Respected Assistant Professor,

Ms. Shveta Dhaliwal who helped us all through in the accomplishment of this project. Ma’am

helped us to gather the various sources which we could give final shape to the topic under

study. She not only provided us a platform to compile but also guided us at all levels.

We, also thank the members of the library staff and computer section for the cooperation in

making available the necessary books and accessing the internet even during their free time

which helped make the project even more interesting and informative.

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RESEARCH SCHEME

This project involves Analytical style of research wherein, the Effect of Criminalization of

Politics in India, its evaluation, scope, causes and solutions have been discussed. Credible

authentic internet and book sources have been used so as to aid the research project at hand.

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TABLE OF CONTENTS

CHAPTER I ............................................................................................................................... 1

INTRODUCTION ........................................................................................................................... 1

1. DEFINITION ......................................................................................................................... 1

2. KINDS OF “CRIMINALIZATION IN POLITICS” ........................................................................ 2

3. CAUSES OF CRIMINALIZATION IN POLITICS ......................................................................... 4

4. ELECTORAL REFORMS ......................................................................................................... 5

CHAPTER II .............................................................................................................................. 6

Global and Indian Perspective Of Criminalization .................................................................... 6

1. INTRODUCTION.................................................................................................................... 6

2. THE NEED FOR SUCH LAWS .................................................................................................. 6

3. REASONS FOR THIS CRIMINALIZATION ............................................................................... 8

CHAPTER III........................................................................................................................... 11

CORRUPTION AND POLITICAL NEXUS IN INDIA ..................................................................... 11

1. INTRODUCTION.................................................................................................................. 11

2. SCAMS IN INDIA ................................................................................................................ 11

3. SUGGESTIONS TO CURB THE ISSUE ..................................................................................... 18

CHAPTER IV .......................................................................................................................... 19

REMEDIES TO PREVENT THE CRIMINALIZATION IN POLITICS ................................................. 19

1. INTRODUCTION.................................................................................................................. 19

2. CANDIDATURE AND CRIMINALIZATION – THE LAWS AT PRESENT ..................................... 20

3. RECOMMENDATIONS ......................................................................................................... 21

4. CONCLUDING SUGGESTIONS ............................................................................................... 24

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“After 64 years of Independence, India awaits to be freed again. To be freed the criminals

who have muscled their way to power”.

- Ramachandra Guha, Indians Great, Greater, Greatest. The Hindu.

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CHAPTER I

INTRODUCTION

1. DEFINITION

Essentially, “Criminalization of Politics” refers to those acts carried out by persons with

Legislative, Judicial or Executive Authority, (as opposed to the belief that it is limited to

political authority) which undermine the constitutional fundamentals of India. In India, these

fundamentals are governed by the basic spirit of governance, which is Democracy. The

modern definition of Criminalization in politics tends to incorporate more than just the

criminalization in “Politics” (in the purer sense of the term) and extends the scope of the term

to forms of criminalization in Electoral Politics, Policy-making Politics, Judiciary, Executive

and even the Administration. This is so because the modern day definition of Politics imbibes

in itself the concept of “Governance” which is holistic.

Today, Criminalization of Politics seeps through the various strata of Indian governance,

right from the lowest-rung Babu charging a petty bribe to get a job done, to the top-rung IAS

Officer or MP/MLA indulging in some form of perverted activity undermining the ideal

scenario of governance. Below is a break-down of Criminalization and Politics, in its

definitional sense, in the context of this project.

1.1 POLITICS

Ideally, one would opt to define “Criminalization” before defining “Politics”, but in the

context of this subject-study, it is more important to define “Politics” since the scope of

“Politics” plays a crucial role in setting the parameters of “Criminalization”.

According to the Merriam-Webster dictionary, “Politics” is defined as “the art or science

concerned with guiding or influencing governmental policy”1. Hence, it only makes logical

sense to broaden the scope of Criminalization of politics to the extent that all the facets of

1 Retrieved From: http://www.merriam-webster.com/dictionary/politics. On 29/10/2012

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governance can be covered. As an illustration, when a person with a pending criminal charge

gets a ticket to contest the elections, it is a form of Criminalization of Politics. When the

Telecom Minister misappropriates a certain amount of money (however significant) to his

benefit, or in amore legally specific context, Article 102 (1)(A) of the Indian Constitution

bars an MP or an MLA from holding any office of profit under the Government of India or in

any state other than an office declared by the Parliament by law as not disqualifying its

holder2, and when this is negated, it can be called Criminalization Of Politics.

1.2. CRIMINALIZATION

While exploring the subject of “Criminalization in Politics”, be it with regard to any country,

what must be kept in mind is that in quintessence, the term “criminalization” is that it is a

perverted form of a process and encompasses but is not limited to the term “crime”. The

conventional definition of the term includes the persons involved are the high-ranking

government officials. However, in the course of this project, the persons involved are not

restricted to only the high-ranking officials, and could well include

2. KINDS OF “CRIMINALIZATION IN POLITICS”

This section is an attempt at bringing forth the existing facets and forms in which the

criminalization of politics exists in the Indian Governance. This will be substantiated with

examples and illustrations. However, these forms are not exhaustive since an exhaustive

approach cannot be adopted for the findings of such a broad phenomenon.

2.1 ELECTORAL FRAUD

Electoral Fraud refers to such acts which disrupt a process of fair elections illegally.

However, acts which disrupt fair elections but are not illegal, may also be referred to as

electoral fraud, on moral grounds.

2.1.1 POLITICAL CANDIDATES WITH CRIMINAL RECORDS/PENDING CHARGES

2 Retrieved From: http://eci.nic.in/archive/handbook/CandidateHB_EVM_.pdf. On 29/1/2012.

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The criminalisation of our political system has been observed almost unanimously by

all recent committees on politics and electoral reform. Criminalisation of politics has

many forms, but perhaps the most alarming among them is the significant number of

elected representatives with criminal charges pending against them3. Approximately

38% of the persons contesting electoral polls have a criminal record. Mr.S.Y Qureshi,

the Election Commissioner Of India, said back in 2011 that persons with a criminal

record do not deserve to sit for polls. “The draft bill on electoral reforms will resolve

this problem when it comes into force, as it bars candidates with criminal

backgrounds from contesting an election" he said. The problem with such persons

sitting for polls is that not only do they have no credibility, they also disrupt the

process of free and fair elections by using unfair means and methods.

2.1.2. MUSCLE POWER USED TO GATHER VOTES

A common happening in the electoral politics of today, is musclemen using the fear

psychosis to gather votes. They fear the weak and poor to vote for a specific candidate

or manipulate the vote-banks. At various instances, musclemen have been used to

scare away competing candidates (and their means may extend to inflicting damage

and even causing death at times). Strict measures were enforced, bringing in 639

companies of paramilitary forces to prevent muscle power effects. The effect, it

seems, is telling on musclemen4. It is widely believed that the cost of fighting

elections has climbed far above the legal spending limits. This has resulted in lack of

transparency, widespread corruption, and the pervasiveness of so-called ‘black

money’.5

2.2. POLITICAL SCAMS

Scams in the (purely) Political arena have skyrocketed in the past 5 years. From upscale

scams such as the 2G scam (responsible: A.Raja) or the Commonwealth Scam (responsible:

S.Kalmadi) to financial irregularities by municipal corporations which are alleged to have

taken place in projects such as slum rehabilitation, marking of floodlines, granting of

3 Background Paper On Electoral Reforms, Page 2

4 Retrieved From: http://www.thehindu.com/opinion/lead/article2379704.ece. On 29/1/2012

5 Background paper on electoral reforms. Pg.4

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transferrable development rights, city centre project, change in land reservations, housing

schemes, massive cost escalation in major projects and change in rules for bus rapid transit

system, Political scams have increased by leaps and bounds, thus contributing further to the

Criminalization of Politics in India. This issue will be dealt with, in greater depth,

subsequently in this project.

2.3. BUREAUCRATIC SCAMS

The nexus between bureaucracy and politics has been explained in the preceding portion of

this chapter. Many times, large-scale scams (for eg: 2G, CWG, etc.) have bureaucratic

officials involved in them. At other times, the governments try to shield bureaucratic officials

(Eg: Chhatisgargh government trying to shield Babulal Aggarwal, the richest IAS officer of

India at that point of time.6 Or it so happens that bureaucratic officials and their actions end

up affecting the political scenario of a country, and when such actions are corrupt, it leads to

criminalization of politics.

2.4. CRIMINAL GANGS ENJOYING PATRONAGE OF POLITICIANS

In Chapter 4 of the report of the National Commission to Review the Working of the

Constitution, cites the Vohra report as follows: “The nexus between the criminal gangs,

police, bureaucracy and politicians has come out clearly in various parts of the country” and

that “some political leaders become the leaders of these gangs/armed senas and over the years

get themselves elected to local bodies, State assemblies, and national parliament.”7

3. CAUSES OF CRIMINALIZATION IN POLITICS

One can attribute the causes of Criminalization in Politics to the fact that India is still a

country where the mechanisms which are quintessential to running the various administrative

systems are not free of loopholes which feed to the need of men wanting to derive the “extra

edge”, or, to overcome the weaknesses which have been attributed to them by the system

itself.

6 Retrieved From: http://ibnlive.in.com/news/chhattisgarh-govt-shields-tainted-ias-officer/154742-3.html. On

29/1/2012. 7 Vohra Committee Report

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4. ELECTORAL REFORMS

While solutions to reduction of Criminalization in Politics have been provided in detail in the

subsequent chapters of this project, it is important to introduce the concept of Electoral

Reforms and how they can benefit the dire situation of Indian Politics.

Electoral reforms such as a fixed amount of finances and greater financial transparency by the

Electoral candidates which have been implemented to an extent (but are still ridden with

loopholes), reduction of Poll Booth Manipulation, etc. instead of getting various committees

to sit on issues for ages, is what is required in the crux of the matter.

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CHAPTER II

GLOBAL AND INDIAN PERSPECTIVE OF

CRIMINALISATION

1. INTRODUCTION

The democracy of India has shown a refreshing ability to adapt to situation and uphold

democratic institutions and practices. The Criminalization of Politics needs special attention

by the people because the subject revolves around the vested interests of politicians of all the

parts of the society; as such the people can never hope that the politicians would take any

initiative to rectify this evil because of their own goods. The prevailing trend is spreading like

cancer. It is damaging all the constitutional safeguards of democracy; that is, it is spoiling

bureaucracy by making it partial; it controls press; and even threatens judiciary; and thus is

destroying the very foundation of democracy.8

Unlike in Europe, where religious authority, especially the Roman Catholic Church, has a

long history of intervening in the secular domain, India has no such comparable tradition.

Religion has never sought to dictate politics in India because there has been no consensual

centralized religious authority which could claim to speak on behalf of the entire Hindu or

Muslim population. Modern India is witnessing the very opposite of the battles fought in

Europe to free politics from encroachments by religion.9 Thus India is in an alarming

situation which at the earliest needs to be curbed.

2. THE NEED FOR SUCH LAWS

According to the written law or reports firstly talking about the Constitution of India, many

privileges and powers are being given to the members of the parliament for the safeguard of

their positions and there are also certain conditions which the candidate should follow.10

But

8 Reema Sujay at Legal Services http://www.legalserviceindia.com/article/l290-Criminalization-of-Politics.html

on 20th October 2011 at 12:00 pm 9 Criminalization of politics, Madhu Kishwar, 1993 (Manushi)

10 Article 105, The Constitution of India

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due the increase in Criminalization in the politics of the country the Constitutional Articles

are loosing their importance. Not only in The Constitution but in The Representations of

peoples Act the rules are provided. Basically the act came in force to provide the necessary

guidelines for the electoral process in India. It suggests every procedure involved in the

electoral process which includes from the conduct of polls, the machinery involved for free

and fair elections, to disqualification of members on certain grounds.11

But no rule is

followed in 21st century’s politics of India.

2.1. CASES TO ILLUSTRATE THE NEED

Criminalization of Politics in Bihar is one of the main examples to showcase this evil

practice, in this case Former Bihar DGP D. P. Ojha was contesting the Lok Sabha elections

from the Begusarai constituency in Bihar in the 14th Lok Sabha Elections on the "Clean Up

Bihar" platform. With Ojha's growing voice against the status quo of the Rashtriya Janata Dal

(RJD) leaders had formed a coalition demanding immediate removal of the DGP accusing

him of violating the police code of conduct. He was fired from his post by the Rabri

government in December last year on 5th December.12

Thus without any valid reason he was

replaced by another DGP but the support of people was with him and due to criminalization

of politics only the true candidate is not able to contest fair election in each and every state of

the country. The former Bihar Chief Minister Mr. Laloo Yadav, once made a statement in

Bihar Assembly that some members came to House with arms and that very soon there would

be firing in the House if the tendency was not curbed. The carrying of guns in the Bihar

Assembly thus reflects the growing criminalization of politics in the state.13

The practice is generally opted by the politicians of the country to hire the ‘muscle power’ to

improve their electoral prospects and criminals run for public office. These circumstances

have led to conclude that India has entered into growing crisis of governability.14

According

to the Chief Election Commissioner, 180 out of 425 members of UP legislative Assembly had

criminal records and the last general elections in Bihar were contested by 243 candidates

against whom charges were pending.15

In 1977, the Bihar Assembly had 10 MLA’s who were

11

Chapter III, The Representation of Peoples Act, 1951 12

Retrieved from http://www.indian-elections.com/regional-issues/criminalisation-bihar.html on 21st October

2012 at 2 :00 pm 13

Indian Government and Politics, Dr. B.L Fadia, Satiya Bhawan Agra 2012, pg 732 14

21st Century India: View and Vision, A.P. Thakur and Sunil Pandey, Global Vision Publication House New

Delhi 2009, pg 172 15

Kuldeep Nayar, “the Vohra Report-Sparing the Culprits” Indian Express, August 7, 1995

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history-sheeters by 1990 the number increased to 40. Kalyan Singh the CM of UP expanded

his ministry in October , 1997 to include defector and criminal who supported him, of 424

members of Vidhan Sabha, 132 were suspected criminals, 16 actually sat in the cabinet

meetings presided by Kalyan.16

According to G.V.G Krishnamurty it was an international

acceptance norm that “Law breakers cannot be allowed to be lawmakers.” which India must

follow as at that time nearly 700 members of State Assemblies out of 4072 had criminal cases

against them.17

The National and the Regional parties show detestation towards criminalization, but on the

other hand support them fully, the criminals help to conduct election in an undemocratic

manner. No part of the country is remained untouched as criminalization is spreading like

anything in the whole country.18

Riots and violence are the main weapons of the criminals

this practice is originated since 1967 which has bought the political scene of the country in

the worst condition as these criminals only become the members of the parliament and the

assemblies of the legislature.19

3.1. REASONS FOR THIS CRIMINALIZATION

3.1. VOTE BANK

A politician’s link with them constituency provides a congenial climate to political crime.

Those who do not know why they ought to vote comprise the majority of voters of this

country. Therefore majority of the voters are maneuverable, purchasable. Most of them are

individually timid and collectively coward they are suppressed by the politicians easily.

Elections are won and lost on swings of just 1% of the vote, so parties cynically woo every

possible vote bank, including those headed by accused robbers and murderers. Legal delays

ensure that the accused will die of old age before being convicted, so parties virtuously insist

that these chaps must be regarded as innocent till proved guilty.20

16

India Today, November 10,1997, p.34 17

The Hindustan Times, June 27, 1998 18

The Politics of Corruption The Goodness that failed, Shashi B Sahai,Gyan Publishing House New Delhi 1995,

Pg 127 19

Politics in India, MM Sankhdhar & Gurdeep Kaur, Deep and Deep Publications 2005 New Delhi, pg 20

Retrieved from http://www.halfmantr.com/display-national-issues/1025-criminalization-of-politics-in-india

om 22nd oct 2012at 8:00pm

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3.2. CORRUPTION

This practice is very common in the Indian politics as in every election all parties without

exception put up candidates with a criminal background. The greatest power that democracy

arms is the people to vote incompetent people out of power. Independence has taken place

through a two-stage process. The first stage was the corrupting of the institutions and the

second stage was the institutionalization of corruption. As we look at the corruption scene

today, we find that we have reached this stage because the corrupting of the institutions in

turn has finally led to the institutionalization of corruption. The failure to deal with corruption

has bred contempt for the law. When there is contempt for the law and this is combined with

the criminalization of politics, corruption flourishes. India is ranked 66 out of 85 in the

Corruption Perception Index 1998 by the German non-government organization

Transparency International based in Berlin.21

3.3. LOOP HOLES IN THE FUNCTIONING OF ELECTION COMMISSION

The Election Commission must take adequate measures to break the nexus between the

criminals and the politicians. The forms prescribed by the Election Commission for

candidates disclosing their convictions, cases pending in courts and so on in their nomination

papers is a step in the right direction if it applied properly. They would only inform people of

the candidate’s history and qualifications, but not prohibit them from casting their votes. For

the past several general elections there has existed a gulf between the Election Commission

and the voter which needs to be reduced but here is no scope of that in near future. Common

people hardly come to know the rules made by the commission. Bridging this gap is essential

not only for rooting out undesirable elements from politics but also for the survival of

our democratic polity. This is an incremental process, the rate of success of which is directly

proportional to the increase in literacy rate in India. The electorate have made certain wrong

choices in the past, but in the future national interest should guide them in making intelligent

choices to have a better future of the country.

21

Surya Prakash at Politicians on Politicians on 26th oct,2012

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3.4. DENIAL OF JUSTICE AND RULE OF LAW

Criminalization is a fact of Indian electoral politics today. The voters, political parties and the

law and order machinery of the state are all equally responsible for this. There is very little

faith in India in the efficacy of the democratic process in actually delivering good

governance. This extends to accepting criminalization of politics as a fact of life. Toothless

laws against convicted criminals standing for elections further encourage this process. Under

current law, only people who have been convicted at least on two counts be debarred from

becoming candidates. This leaves the field open for charge sheeted criminals, many of whom

are habitual offenders or history-sheeters. It is mystifying indeed why a person should be

convicted on two counts to be disqualified from fighting elections. The real problem lies in

the definitions.

Thus there should be a stop to one of the biggest loopholes of the Indian Politics that is

Criminalization, because if it progresses like the way it is doing now then the democracy of

the country will be at stake. The government of India should make and imply such

commission through which this practice should come to a complete end. Though it would

take time but initial stage of the reformation should be started.

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CHAPTER III

CORRUPTION AND POLITICAL NEXUS IN INDIA

1. INTRODUCTION

India as a whole today has been actively involved in purging out corruption but with little

avail. Movements such as those led by Anna Hazare regarding the Jan Lok Pal bill all end up

at the parliaments’ stable and are stagnated there. The only efforts to awaken the country to

the state of affairs of the government has been by Jagore, India, which tried to portray the

true state of affairs of India the rough its effective ads and one liners that have captured the

attention of the people of India. Today, the political parties have become so corrupt and open

about their corruption thing at the people are unable to do anything about it. The police is

usually hand-in-glove with the politicians and the parliamentary privileges that the Members

of Parliaments are entitled too also help save them from getting put behind bars and in all

absolves them from any liability for their actions. It is sad to see the common middle class

and poor people getting hurt just because the person who has done this to them is a politician

and is thus not liable for his acts. The Constitution of India lays down that to qualify as a

member of Parliament the person has to be an Indian citizen and not disqualified by any act

of parliament. But it is ironic that all the politicians have a track record or a police record and

despite all this hey have been allowed to stand for elections. We have people who have been

indicted for murder and other heinous crimes being allowed to stand for elections.

2. SCAMS IN INDIA

2.1. COMMONWEALTH SCAM

The scams that have been happening in India have triggered a wave of dissidence of and

waves of hostility and disappointment from the people of India. The most recent scam has

been the Commonwealth Games scam that took place in October, 2010. The organizer was

Mr. Suresh Kalmadi who organized the extravaganza which cost up to USD 6 billion. The

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anti-corruption watchdog has identified more than 16 projects with possible irregularities.The

ruling Congress party sacked Suresh Kalmadi, chairman of the organising committee, as

secretary of the party's parliamentary wing. Three of his close aides have been arrested and

local media has said Kalmadi too could be arrested. His homes and offices were raided by the

CBI on Dec. 24. He was dogged by several cases of alleged corruption, including the

purchase of equipment and issuing contracts also the allegations include manipulations of

tenders in the building of stadiums and other games infrastructure, and inflating bills for

equipment such as treadmills and toilet paper rolls.

Several bodies, including the anti-corruption watchdog, the state auditor, the CBI and a

special committee set up by Prime Minister Singh, are probing the allegations. The CBI has

also raided the homes and offices of the Games organizers, part of a probe into USD 21.7

million of misplaced funds.22

2.2. THE 2-G SCAM

Another scam that hit the nation was the Telecom Scam of 2007-08 where the Telecoms

minister of that time Mr. Andimuthu Raja sold the radio spectrum licenses at the market

prices of 2001 to different players in the field such as Reliance, Swan telecoms (now owned

by UAE’s Etisalat) and Unitech, who did not even have sufficient capital and others who had

less experience in the field and genuine players such as Vodaphone and others were denied

the opportunity. It was aRs.1.76-lakh crore scam. The Comptroller and Auditor General of

India's (CAG) also said rules were flouted when the licences were given out. The worst part

is that he was elevated to the rank of a minister despite having separate corruption charges

against him. The opposition asked for a Joint Parliamentary Committee (JPC) to sit to

investigate the charges but unfortunately the government haggled over the said question for a

long time and cost the nation even more money.

Currently the Central Bureau of Investigation (CBI) is investigating allegations of corruption

in the ministry and the government has said it is willing to have the Supreme Court monitor

the probe. The DMK RajyaSabha MP and party chief M Karunanidhi's daughter was arrested

and then sent to Tihar Jail.

22

Nirma Bansal at Hype about Politics on 5th Oct, 2012.

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Another interesting aspect of the whole investigation included the questioning of top lobbyist

Nira Radia, who represents companies like Tata and Reliance Industries, as part of an

investigation into whether money laundering and forex laws were broken when the licenses

were purchased. The PM also had to face the heat as the SC questioned him on giving Raja

anministerial berth despite allegations against him.23

Former Telecoms Minister Andimuthu

Raja was sacked from minister post and after courts direction sent to Tihar jail.24

2.3. ADARSH HOUSING SCAM

Congress party politicians, bureaucrats and military officials have been accused of taking

over land meant to build apartments for war widows. After the story broke in local media the

government sacked the powerful chief minister of western Maharashtra state, who is a

member of the Congress party. The Arabian Sea-facing block with 103 apartments in an

upscale Mumbai district, that is among the world's most expensive pieces of real estate, is

also being investigated for several violation of norms, including environmental and land-use

rules. Apartments were sold for as little as USD 130,000 each, while local media estimated

their value at USD 1.8 million each. Since the scandal broke, the government has effectively

taken back permits allowing owners to occupy the apartments, leading to the disconnection of

water and power supply. The CBI has begun investigating the case.25

In our daily life, most of us must have been a witness to or a victim of the corruption thriving

in some or the other part of the country. It could be in the form of a taxi-driver manipulating

the meter to jack-up the reading or a government officer taking bribery to promptly transfer

your file to the next department or even yourself offering bribe to a traffic police on breaking

a signal. It is only the most evident and direct manifestation of the character of India’s social-

political order—of the domination of the cash-nexus and the complete subordination of

23

Munish Jindal at Money Matters on on 5th Oct, 2012 24

Abhilash Verma at Supersystems in Politics at http://www.supersystems.in/economy/economy4.htm on 5th

Oct, 2012 25

Compiled by C.J. Kuncheria in Political Dealings at http://in.reuters.com/article/2010/12/01/idINIndia-

53273620101201 on 5th Nov,2012

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government at all levels to the dictates of big business. 26

While India now boasts the world’s

fourth largest number of billionaires, 55, three-quarters of the population survive on less than

$2 US per day, and 200 children under the age of five die every hour.27

India is the 87th in

Transparency International's rankings based on perceived levels of corruption.28

2.4. TELGI SCAM

It took place in the year 1991. Mr. Abdul KarimTelgi had mastered the art of forgery in

printing duplicate stamp papers and sold them to banks and other institutions. The tentacles

of the fake stamp and stamp paper case had penetrated 12 states and was estimated at a

whooping Rs. 20000 crore plus. The Telgi clearly had a lot of support from government

departments that were responsible for the production and sale of high security stamps.

Counterfeiter printed fake stamp paper and appointed 300 agents to sell them in bulk to

banks, foreign investors, insurance companies and stock market players, earning around Rs

200 crore a month. The swindle exceeded Rs 43,000 crore and covered 12 states. The Telgi

scandal had political implications; a narco test allegedly revealed the involvement of

Maharashtra political leaders like SharadPawar and ChhaganBhujbal. On June 28, 2007,

Telgi was awarded 13 years of rigorous imprisonment and fined Rs 202 crore. Forty-two of

Telgi's accomplices were also sentenced to six years rigorous imprisonment.29

2.5. SATYAM SCAM

The Satyam Computer Scam is the biggest fraud in the corporate history to the tune of Rs.

14000 crore. The company’s disgraced former chairman RamalingaRaju kept everyone in the

dark for a decade by fudging the books of accounts for several years and inflating revenues

and profit figures of Satyam. The fraud, estimated at USD 1 billion, was India's largest

corporate scandal and was dubbed "India's Enron". With clients abandoning it, shares were

hammered down to near-penny-stock levels. Finally, the company was taken over by the

26

Risha Kumar at World Politics on 5th Oct, 2012 27

By Kranti Kumara and Keith Jones on 26 April 2011

28 Binoy Chowdhary at http://ibnlive.in.com/news/recent-corruption-scandals-in-india/139492-3.htmlon 5th

Oct, 2012. 29

Manish Hosina at Economics of Politics on 5th Oct, 2012

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Tech Mahindra which has done wonderfully well to revive the brand Satyam. It was one of

the biggest IT fraud committed in our nation.

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2.6. BOFORS SCAM

The Bofors scandal is known as the hallmark of Indian corruption. The Bofors scam was a

major corruption scandal in India in the 1980s; when the then PM Rajiv Gandhi and several

others including a powerful NRI family named the Hindujas, were accused of receiving

kickbacks from Bofors AB for winning a bid to supply India’s 155 mm field howitzer. The

Swedish State Radio had broadcast a startling report about an undercover operation carried

out by Bofors, Sweden’s biggest arms manufacturer, whereby $16 million were allegedly

paid to members of PM Rajiv Gandhi’s Congress. Most of all, the Bofors scam had a strong

emotional appeal because it was a scam related to the defense services and India’s security

interests.30

Bofors gun deal 1996 India's purchase of artillery guns from Swedish firm Bofors

in 1986 was rocked by allegations that Rs 64 crore (USD 14.2 million) -- a huge sum then --

was paid as bribes to people close to then prime minister Rajiv Gandhi to swing the deal.

The scandal caused an uproar in parliament, led to a split in the ruling Congress party and the

defeat of Gandhi in federal elections in 1989. Its fallout has stymied India's defense

expansion, with officials for years unwilling to take decisions on purchases that could later be

probed for corruption. Amongst the people probed were the London-based Indian business

family of the Hindujas, who were later acquitted by a court of any involvement. The case has

dragged on for years without any result.31

2.7. THE FODDER SCAM

The fodder scam by the Lalu Prasad government, also known as the “Chara

Ghotala scam”,1996 as it is popularly known in the vernacular language. In this corruption

scandal worth Rs.900 crore, an unholy nexus was traced involved in fabrication of “vast

herds of fictitious livestock” for which fodder, medicine and animal husbandry equipment

was supposedly procured. Over two decades, Bihar ministers and officials colluded to bill the

state treasury over Rs 950 crore to provide feed, medicines and animal husbandry equipment

30

Binoy Chowdhary at http://ibnlive.in.com/news/recent-corruption-scandals-in-india/139492-3.html on 8th

Oct,2012

31 Abhilash Verma at Supersystems in Politics at http://www.supersystems.in/economy/economy4.htm on 7th

Oct, 2012.

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for "vast herds of fictitious livestock". The swindle allegedly involved chief ministers

Jagannath Mishra and Lalu Prasad Yadav, with the latter being sent to jail.32

2.8. SCAMS IN THE JUDICIARY

In July 2008, an investigation found 36 judges were guilty of receiving gifts bought with

money embezzled from the court treasury in Ghaziabad, a satellite town on the outskirts of

the capital. Tens of millions of rupees were siphoned off from the provident funds of

employees by the treasury officer who illegally spent the money on furniture, crockery,

mobiles, laptops, rail tickets, taxi fares and other items for the judges.

2.9. MONEY LAUNDERING

In November 2009, Madhu Koda, the former chief minister of the eastern state of Jharkhand,

was arrested in connection with a corruption investigation. Koda is accused of possessing

assets disproportionate with his income and for alleged money laundering. He is alleged to

have laundered millions of rupees from public coffers during his stint as chief minister of

Jharkhand between 2006 and 2008.33

2.10. CASH FOR VOTES SCAM

There was uproar in India's parliament on 17 March 2011 after a leaked cable from the

whistle-blowing Wikileaks website described how a senior Congress aide showed a US

embassy official "chests of cash" allegedly used to bribe MPs to support the government in a

crucial vote of confidence in 2008. The vote was over a controversial deal between India and

the US which paved the way for India to massively expand its nuclear power capability. The

government's left-wing allies withdrew support, but Congress narrowly survived the vote.

Opposition parties at the time accused the government of offering cash for votes. The

Congress party and all of those named in the cable deny the allegations. The leak came just

days after a new report by consultancy KPMG said that corruption threatened India's growth.

It said that it wasn't simply the daily diet of petty bribes that hold back the economy, but the

huge scams where billions of dollars are allegedly siphoned off by government and industry.

32

Abhilash Verma at Supersystems in Politics at http://www.supersystems.in/economy/economy4.htmon 5th

Oct, 2012. 33

Prakash Minoy at Politics of Legislative Bodies http://in.reuters.com/article/2010/06/30/idINIndia-

49777120100630 on 5th Oct, 2012 at 6:45 PM

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In July 2011, two people - a politician's aide and a political activist – were arrested in

connection with the scandal. The Supreme Court criticized the police for carrying out a

"shoddy probe". A senior MP, Amar Singh, was also questioned after he was accused of

offering to bribe opposition MPs to abstain from the vote. He denies the allegation.34

3. SUGGESTIONS TO CURB THE ISSUE

In June 2002, the Election Commission on the direction of the Supreme Court, issued an

order under Article 324 that each candidate must submit an affidavit regarding the

information of his/her criminal antecedents and assets (both movable and immovable) of self

and those of spouses and dependents as well. But political parties cried wolf, alleging that the

EC and the apex court, were ‘overstepping’ their powers. In 2003, a law was introduced to

prohibit the election of criminals to the legislative bodies. Still, criminals roam free in

parliament and in the state assemblies and the glossing over their criminal backgrounds create

a bigger irony by making law-makers of law-breakers.

According to an estimate, 150 MPs out of the 541 elected MPs in the 2009 general elections

have criminal records, 72 of whom have been charged of serious crimes including murder,

rape, etc. The number of MPs with criminal antecedents was representative of all parties – a

democratic thing ironically – and proportionate to the number of seats of that party. Now

thanks to organisations such as the Association for Democratic Reforms (ADR) and National

Election Watch (NEW) working in the field of electoral reforms for the past few years, the

issue ofelectoral malpractice and the criminalisation of politics have been propped up as

topics of national debate. 35

To discuss the ways and means to curb this ever growing menace of criminalization of

politics, several committees have been established to look into the matter and to suggest

remedies to deal with the same as have been elaborated in the next chapter.

34

Walter B. at BBC at http://www.bbc.co.uk/news/world-south-asia-12769214on 5th Oct, 2012 35

Reena Ahmed at Deccan Herald at http://www.deccanherald.com/content/220856/electoral-reforms-need-

hour.htmlon 5th Oct, 2012.

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CHAPTER IV

REMEDIES TO PREVENT THE CRIMINALIZATION OF

POLITICS

1. INTRODUCTION

India’s democratic system is in essence disillusionment. The only goal we have observed in

this paradoxical system is this unquenchable thirst for political power- the power of the state

or at least to be in the vicinity of that power by any means- fair or foul. Thus, crafty

corruption, deception and degradation of values- moral, ethical and socio-political- are found

throughout the country, consequent upon practicing the democratic system. Threats,

intimidation, rigging, boot capturing, bribing, allurement and murder have become an integral

part of Indian elections.

India is no longer a model for the emerging democracies across the world. Free and fair

elections are essentially hallmarks of an efficient and functional democracy. Our election

system is in a dire need for strategic and systematic improvements. The criminalisation of our

political system has been observed almost unanimously by all recent committees on politics

and electoral reform.

Criminalisation of politics has many forms; the most alarming among them is the significant

number of elected representatives with criminal charges pending against them.36

While the

massive size of the electorate makes holding elections a daunting task, involves the presence

of issues such as booth capturing, intimidation of voters, tampered electoral rolls, large-scale

rigging of elections and other polling irregularities; the proliferation of non-serious

candidates; and the abuse of religion and caste in the mobilization of voters.

36

Background Paper on electoral reforms , Ministry of Law and Justice (GoI) and the Election Commission of

India, December 2010.

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The Vohra Committee37

on “Criminalisation of Politics” was constituted towards the

objective of identifying the extent of the political-criminal nexus and recommend ways in

which the menace can be effectively dealt with. This report contained several observations

made by official agencies on the criminal network which was virtually running a parallel

government. It also discussed criminal gangs who enjoyed the patronage of politicians, of all

parties, and the protection of government functionaries. It revealed that political leaders had

become the leaders of gangs. They were connected to the military. Over the years criminals

had been elected to local bodies, State Assemblies and Parliament. In 1997, the Supreme

Court recommended the appointment of a high level committee to ensure in-depth

investigation into the findings of the N N Vohra Committee and to secure prosecution of

those involved. The report discussed that money power is in essence utilized money power to

develop a network of muscle-power which is used by politicians during elections. Nothing

drives the public to act in a certain way better than the infusion of some fear. Muscle-power

or any other form of intimidation dictates the behavior of the masses. It is a well-observed

fact that the judicial system is constituted to deal with individual offences and crimes. Even

in other countries, organized crime has permeated through levels of the government with

ease. With such a poison spreading through the State system the country, the organized crime

scene has persisted and the legal systems have been unable to tackle it. This scenario exists in

India as well. Mafia syndicates in India have established a nexus with governmental

functionaries and political leaders and have thus been able to operate with impunity. The

Vohra Committee ended on a poignant not, reiterating the fact that there was a vital need to

set up a nodal point for all intelligence and enforcement agencies to tackle the problem of

criminalization of politics.

2. CANDIDATURE AND CRIMINALIZATION – THE LAWS AT PRESENT

Currently, Rule 4A of the Conduct of Election Rules, 1961, prescribes that each candidate

must file an affidavit. Regarding (i) cases, if any, in which the candidate has been accused of

any offence punishable with imprisonment for two years or more in a pending case in which

charges have been framed by the court, and (ii) cases for conviction for an offence other than

any of the offences mentioned in Section 8 of the Representation of the People Act, 1951,

(Hereinafter referred as the R.P. Act, 1951) and sentenced to imprisonment for one year or

more.

37

Vohra Report on Criminalization of Politics, Ministry of Home Affairs, October 1993.

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In addition to this, pursuant to the order of the Supreme Court, the Election Commission on

March 27, 2003, has issued an order that candidates must file an additional affidavit stating

Section 125A of the R.P. Act, 1951 prescribes penalties for withholding or providing

incorrect information on Form 26, which amount to imprisonment of up to six months, or

fine, or both. In its report entitled Proposed Electoral Reforms, 200438

the Election

Commission of India notes that “in some cases, the candidates leave some of the columns

blank…there have been cases where candidates are alleged to have given grossly undervalued

information.”

3. RECOMMENDATIONS

In its report on Proposed Election Reforms, 2004, the Election Commission of India

recommended that an amendment should be made to Section 125A of the R.P. Act, 1951 to

provide for more stringent punishment for concealing or providing wrong information on

Form 26 of Conduct of Election Rules, 1961 to minimum two years imprisonment and

removing the alternative punishment of assessing a fine upon the candidate. It also

recommended that Form 26 be amended to include all items from the additional affidavit

prescribed by the Election Commission, add a column requiring candidates to disclose their

annual declared income for tax purpose as well as their profession. Essentially an amendment

must be made to the R.P. Act, 1951, by inserting a new section 4A after section 4 to make

declaration of assets and criminal cases pending against the candidate part of the

qualifications necessary for membership to the House of the People.

The National Commission to Review the Working of the Constitution39

recommended that

special election benches designated for election petitions only should be formed in the High

Court. The Election Commission has also made a similar recommendation. The Second

Administrative Reforms Commission, in its report “Ethics in Governance”, recommended in

detail that: “Special Election Tribunals should be constituted at the regional level under

article 329B of the Constitution to ensure speedy disposal of election petitions and disputes

within a stipulated period of six months. Each tribunal should comprise a High Court judge

and a senior civil servant with at least 5 years experience in the conduct of elections.”

38

“Proposed Electoral Reforms”, Election Commission of India, 2004

39

National Commission to Review the Working of the Constitution, Ministry of Law and Justice and Company

Affairs, March 2002.

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Section 8 (1) Of the R.P. Act, lists certain crimes and stipulates a disqualification period of 6

years from the date of conviction. In order to deter politicians with a criminal background and

that too with regards to committing heinous crimes, the R.P. Act must be expanded in its

scope. In case a candidate has charges framed against him with regards to offences listed in

S.8 (1) and otherwise, he should be disqualified for a period of six years. However mere

disqualification for a period of time cannot under any circumstance be the final cure. In order

to set aside the political red-tapism and other lacunae, it is only by example that de-

criminalisation of politics can take place. Candidates violating this provision should be

disqualified and political parties putting up such candidates with knowledge of their

antecedents should be derecognized and deregistered. An important submission of many

committees on this matter state that any person convicted for heinous crimes such as murder,

dacoity, rape, smuggling etc. should be permanently disbarred from contesting political

office.

There is an inherent need to supersede the existing judicial hierarchy and establish fast-track

based judicial system vide special courts to accomplish this purpose. This entails a quick-fire

trial within a period of six-months from the framing of charges so as to determine whether a

candidate is qualified to hold office or not, or apply for the post vide public elections.

3.1 NEGATIVE AND NEUTRAL VOTING

The criminalisation of politics, widespread corruption in the system, and use of violence,

voter intimidation, etc. may result in their being no desirable candidates within those

contesting for elections in a particular constituency. There is no system in place and further

compounds the delay as voter decline to be a part of the electoral process and the same

candidates are re-elected from the constituencies again and again.

The Law Commission of India as well as the Election Commission of India have time and

again reiterated the institution of the neutral or negative voting system. This system entails

that the voter has the choice to reject the candidates on the ballot by the selection of “none of

the above”. With the institution of such a system there could be a democratic safeguard and

the proportional share of negative or neutral votes polled could, if sufficient, render the

current election to be null and void and re-election would consequently be taken up.

3.2. BETTER MANAGEMENT AND CONDUCT OF ELECTIONS

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According to the ECI, the size of the electorate for the 2009 elections to the 15th

Lok Sabha

was more than 714 million40

. In quantitative terms such a number is equal to holding

elections for Europe, U.S.A, Canada, and Australia collectively. Rigging of elections have

become a common facet in the Indian political environment.

The electoral process begins with the preparation of electoral rolls. Political parties and

influential persons manage large-scale registration of bogus voters, or large-scale deletions

off “unfriendly-voters”. The Goswami Committee on Electoral Reforms stated that

irregularities in electoral rolls are exacerbated by purposeful tampering done by election

officials who are bought by vested interests or have partisan attitudes.

The National Commission to Review the Working of the Constitution had suggested in 2001,

the creation of an online database maintained by the ECI. Inherently it follows the same

principles as the “Aadhar” or the Unique Identification Cards (UID’s). It involves each voter

possessing their own unique barcode which can be verified at any polling booth by a simple

hand-held device. However this suggestion is riddled with problems in the face of muscle

power and intimidation. In order to combat the threat of physical intimidation of voters or of

those involved in the electoral process, the ECI must be given the power to void the elections

and call for a fresh one to be held.

3.3 ADJUDICATION OF ELECTION DISPUTES

Disputes relating to elections of the State Legislature and Union Legislature are adjudicated

upon exclusively by the High Court(s) before whom election petitions under Section 80 and

80-A of the Representation of Peoples Act, 1951, are filed. Sections 86(6) and (7) of the R.P.

Act, provide that the High Court shall make an endeavor to dispose of an election petition

within six months from its presentation and also as far as practically possible conduct

proceedings of an election petition on a day to day basis. In practice, however, cases

involving election petitions are rarely resolved in a timely manner. According to the report

“Ethics in Governance” of the Second Administrative Reforms Commission, “such petitions

remain pending for years and in the meanwhile, even the full term of the house expires thus

rendering the election petition in fructuous.

40

Background Paper on electoral reforms , Ministry of Law and Justice (GoI) and the Election Commission of

India, December 2010.

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3.4. ELECTORAL REFORMS

The Supreme Court in a judgment in 1997 while hearing Dinesh Trivedi (MP) and Ors. v.

Union of India observed with alarm, the devastating impact of criminals in the diaspora of

politics. It asked the President of India to set up a high level committee in consultation of the

Prime Minister and the Speaker of the Lok Sabha in order to eliminate the criminal nexus

between criminals, politicians, and bureaucrats as inferred in the Vohra Committee report as

well.

Reform is a continuous process. The accomplishment of the modification would depend upon

the operational compliance of the coordination of electoral machinery, the political parties,

the candidates and electorate at all levels. Over the years, the Election Commission has

handled a number of issues and accomplished commendable electoral reforms to fortify

democracy and augment the even-handedness of elections. These alterations are ample and

venerable. Undeniably, the election machinery, under the sponsorship of the EC, justifies its

credibility for organising elections in a free and fair method.

4. CONCLUDING SUGGESTIONS

Criminalization of politics needs a multi-pronged approach in order to be tackled. Mere

institutional implementations have never succeeded in the elimination of any evil. What we

must observe is that criminalization of politics is a deep-seated problem and has permeated

the very core of how Indian politics functions. The creation of one nodal agency cannot strive

to eradicate it. The Election Commission though instrumental still lacks the “death-blow”

style to it inherent powers. Although this organization is not effectively powerless it has been

unable to function as a cohesive unit. Effective controls must be vested into the Election

Commissions hands by the Legislature. The Legislature in itself must create a system so as to

root out the evil from within. Reforming the political process is only the part of the process.

The government machinery must be restructured and reorganized so as to weed out the

criminals from the system.

The citizens themselves should be empowered by Law and shall act upon the undue

intimidation by the “thug-culture” per se. Positive political power needs to be exercised so as

to imbibe within the voting gamut of the population, the power to influence events, resources

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and human behavior to promote overall public good. In India, this positive power is severely

restricted because of the way we designed our governance structure. The present electoral

systems favour entrenched parties and individuals, allowing very little scope for reform. Due

to the feudalistic nature of the political parties, many promising individuals lost in the

quagmire of Indian Politics and hence this discourages the inclusion of promising individuals

in the field of politics. The implementation of the active participation of people, whether or

not backed by a big political party, commencing at the grassroots-level is the need of the

hour. Once, the system has able men within it only then can the structure improve, not vice

versa. Electoral reforms, Legislation and the Judiciary can only play a limited role in the

process. The rest lies in the hands of the inclusion of a comprehensive system of individuals

backed by voters who realize the true worth of their vote. Politics is a shady business and

continues to be. It is understandable for the citizens of this nation to feel disillusioned and

helpless. As the proverb goes “fight fire with fire”, effective legislation is the only key. Harsh

punishments have been a common deterrent for crime and have been effectively utilized in a

majority of countries, i.e. Exemplary punishments with the exception of the death sentences.

Arming the Election Commission of India (ECI), which has been always identified as an

power-less institution, with effective over-riding powers with regards to the conduct of free

and fair elections and other allied affairs is the need of the hour. The prime thrust of running

a democracy lies upon its citizens and not any other entity. With large portions of the present

electorate being illiterate, it is indeed a challenging task imbibing a sense of political fore-

thought in them. However, citizens can only face grave injustice and criminal elements of

their representatives to an extent.

Elections are in essence mere “gutter-fights”, the quintessential example of the traditional and

cruel game of “fight-to-death”. The Election Commission has remained as a passive spectator

through all this. Elections for a sizable part of the voters seems to be a meaningless farce.

Reforms have assisted in cleansing the system to a highly limited extent, however the

scenario stays largely unchanged. Change, radical and extreme change is the need of the

hour.

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BIBLIOGRAPHY

BOOKS

1. Indian Government and Politics, Dr. B.L Fadia, Satiya Bhawan Agra 2012, pg 732

2. 21st Century India: View and Vision, A.P. Thakur and Sunil Pandey, Global Vision

Publication House New Delhi 2009, pg 172

3. The Politics of Corruption The Goodness that failed, ShaShi B Sahai,Gyan Publishing

House New Delhi 1995, Pg 127

4. Politics in India, MM Sankhdhar & Gurdeep Kaur, Deep and Deep Publications 2005

New Delhi, pg 152

5. Article 105, The Constitution of India

6. Chapter III, The Representation of Peoples Act, 1951

INTERNET SOURCES

1. www.merriam-webster.com/dictionary/politics

2. eci.nic.in/archive/handbook/CandidateHB_EVM_.pdf.

3. www.thehindu.com/opinion/lead/article2379704.ece

4. ibnlive.in.com/news/chhattisgarh-govt-shields-tainted-ias-officer/154742-3.html

5. www.legalserviceindia.com/article/l290-Criminalization-of-Politics.html

6. www.indian-elections.com/regional-issues/criminalisation-bihar.html

7. www.halfmantr.com/display-national-issues/1025-criminalization-of-politics-in-

india

8. www.mightylaws.in/595/criminalization-politics

9. www.moneycontrol.com/news/news/recent-corruption-scandalsindia_508376.html

10. www.supersystems.in/economy/economy4.htm

11. in.reuters.com/article/2010/12/01/idINIndia-53273620101201

12. www.wsws.org/articles/2011/apr2011/indi-a26.shtml

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14. www.supersystems.in/economy/economy4.htm

15. ibnlive.in.com/news/recent-corruption-scandals-in-india/139492-3.html

16. www.supersystems.in/economy/economy4.htm

17. www.bbc.co.uk/news/world-south-asia-12769214

18. www.deccanherald.com/content/220856/electoral-reforms-need-hour.html

19. www.supersystems.in/economy/economy4.htm

20. in.reuters.com/article/2010/06/30/idINIndia-49777120100630

ARTICLES AND REPORTS

1. Background Paper on electoral reforms , Ministry of Law and Justice (GoI) and the

Election Commission of India, December 2010.

2. Vohra Report on Criminalization of Politics, Ministry of Home Affairs, October

1993.

3. “Proposed Electoral Reforms”, Election Commission of India, 2004

4. Background Paper on electoral reforms , Ministry of Law and Justice (GoI) and the

Election Commission of India, December 2010.

5. National Commission to Review the Working of the Constitution, Ministry of Law

and Justice and Company Affairs, March 2002

6. Background Paper On Electoral Reforms, Page 2

7. Background paper on electoral reforms page 4

8. Vohra Committee Report

9. Kuldeep Nayar, “the Vohra Report-Sparing the Culprits” Indian Express, August 7,

1995

10. India Today, November 10,1997, p.34

11. The Hindustan Times, June 27, 1998