Ruling with a Slur

Electoral democracy is indeed considered the gold standard of democratic systems, and its cornerstone is the regular conduct of free and fair elections. This process empowers citizens, whose consent legitimizes the ruling party's authority, making them the true sovereigns in a democracy.

Electoral democracy in India started facing significant challenges as soon as the nationalist fervour, that emerged out of the freedom struggle, began to subside. One of the critical challenges is the growing influence of muscle power in politics which corrodes the basis of democracy. The rising percentage of politicians with criminal backgrounds from 24 per cent in 2004 to 34 per cent in 2014 and a staggering 43 per cent in 2019, according to the Association for Democratic Reforms, sounds an alarming bell

This trend causes double jeopardy; it undermines public trust and perpetuates a culture of impunity. The other consequences of criminalized politics include erosion of public faith in government and judiciary, arbitrary laws and discriminatory policies, and poor governance and inefficient legislatures.

Criminality in politics weakens the very foundation of democracy. An eminent researcher in the field, Milan Vaishnav reminds us that it ‘encourages disrespect for the law, and ultimately reproduces the malfunctioning of the state’. And the situation turns from bad to worse when the elected representatives are charged with serious crimes like murder, attempt to murder, kidnap, rape and the like.

Rajendra Prasad's insightful words in the Constituent Assembly on November 29, 1949, emphasized the significance of capable leaders with character and integrity in making the most of even a flawed Constitution. Essentially, he stressed that the effectiveness of a Constitution depends on the quality of those implementing it.

The entry of criminals into politics in India has been a growing concern since the 1970s, but its roots date back to the first general elections in 1952. Initially, their numbers were insignificant, but over time, their presence has become alarmingly prominent. Scholars like Rajni Kothari attribute this phenomenon to the breakdown of the Congress system, which led to a power vacuum.

Jaffrelot's research suggests that as the patronage networks of Congress notables weakened, there was no central organizing principle to guide state-society relations. This created an environment conducive to the rise of criminal elements in politics.

Patronage democracies can have devastating consequences on a country's economic development and public goods delivery. Economists like Bardhan and Mukherjee have highlighted that these systems often prioritize short-term gains over long-term investments, leading to a lack of essential public services. This issue is further exacerbated when criminally accused politicians are involved, as they may prioritize personal interests over the well-being of their constituents.

The National Commission to Review the Working of the Indian Constitution noted in 2001 that politicians openly flaunt their criminal backgrounds, and some even seek protection from criminal elements. These criminals may then seek power and become lawmakers and ministers, perpetuating a cycle of corruption and undermining the rule of law.

The nexus between politics and criminality in India has become deeply entrenched, with local politicians and government functionaries providing patronage and protection to criminal gangs. This has led to a situation where some political leaders become leaders of these gangs and get elected to local bodies, assemblies, and parliament. The Vohra Committee's observation highlights the alarming extent of this problem.

In 2008, the release of six pro-government MPs on the eve of a vote allowed the ruling party to defeat a no-confidence motion, making electoral democracy a mockery. What causes greater concern is that clean politicians often get involved in criminal activities after joining politics to maintain their power and influence.

This trend raises serious questions about the future of electoral democracy in India. Research by Vaishanav has shown that candidates with criminal backgrounds have an 18 per cent greater chance of winning elections compared to just six per cent for "clean" candidates. This is a disturbing statistic that underscores the need for urgent reform.

The growing menace of criminalization in Indian politics can be attributed to two primary factors: the increasing importance of money in politics and voters' preference for candidates with criminal backgrounds. The role of money in politics is a significant contributor to this issue. Huge election costs lead to corruption and criminal activities, as candidates seek to recover their investments through illegitimate means.

This trend is a matter of grave concern in India's patronage democracy where representatives can facilitate informal mediation on behalf of voters to access state resources. Additionally, the lack of transparency in campaign financing allows criminal elements to influence politics.

Another factor is the voters' preference for candidates with criminal backgrounds. Research has shown that voters often prioritize immediate benefits and protection over ethical considerations. This is particularly true in areas with weak institutions, where citizens may rely on local strongmen for security and dispute resolution. The emergence of criminals in politics is also linked to regional leaders' ambitions to use state elections as a springboard for national politics. While this factor is not yet widespread, it cannot be ignored.

India's state-society linkage is weaker compared to Western democracies, creating an environment where criminals can act as intermediaries between the state and civil society. This has severe consequences, including increased crime rates, particularly against women.

To address this issue, it is essential to strengthen state-society linkages and sensitize voters about their roles and responsibilities. Enacting laws alone may not be effective, as the problem is deeply rooted in India's social and political culture. Strengthening governance and public services can reduce reliance on criminal elements.

Educating citizens about the risks of electing candidates with criminal backgrounds is also crucial. The basic electoral reforms, such as stricter campaign finance regulations and transparency measures, are necessary.

Establishing special courts to expedite cases against politicians with criminal backgrounds and empowering the Election Commission to deal with corruption cases are additional steps that can be taken. As criminalization in politics is very complicated, it requires a multifaceted approach that involves policymakers, citizens, and civil society activists working together to restore the integrity of India's democratic institutions.

Fr. John Felix Raj is the Vice Chancellor of St. Xavier’s University, Kolkata. Prabhat Kumar Datta is an Adjunct Professor of Political Science and Public Administration at Xavier Law School, St. Xavier’s University, Kolkata. Views expressed are personal