CONTINUING CRIMINALITY IN POLITICS
The politicians of any country are the elected group of individuals inherent with the trust of the society they’re responsible towards. It’s the legislature collectively (Nation and state) of the country that ensures the rights of the individuals are safeguarded and the flow of democracy is maintained. As a position of influence with status of honour, a man elected as a matter of prudency is generally supposed to be one with great ethics, intellect, qualities to deliver the service in the presumed manner. But the inclination showcase to the contrary. More than half of the sitting politicians have criminal cases recorded against them and either are out on bail or once have been convict of a crime. The personality although can never be judged over what once a person was traced to behave like, but eventually to handle the responsibility of the state with a wider group of citizens to be impacted ,the elected representatives must hold a personality of recognised honour with appreciable investment of their intellect combined with the actions they positively have ever taken, with or without in hand power.
Discussing over the legal aspects of disqualification of candidates with criminal background, The Constitution of India has maintained silence as to what element barricades the way as barrier to contest elections for the Parliament and other legislatures which eventually ends up transferring a non-transparent environment with regards to the restrictions that must exist as the status of duty in question is conferred with responsibility of entire society and not being confined to any Individual/group of individuals.
However, the act Representation of people’s act, 1951 surely specifies several provisions that can act as a measure for disqualification for the candidates, morally ineligible to be conferred with powers. One of such provisions for the hint can be observed as;
Representation of people’s Act, 1951- Section 8= ‘Disqualification on conviction for certain offences’
According to which an individual punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended.
But thoroughly owning no specific legislation dealing with the same or providing restrictions from contestation, the subject matter remains with the void.
REASONS FOR VOID OF PROVISIONS
There evidently exist unsaid reasons owing for lack of actions to resolve the matter with specific confined act and provisions. Some of the observant factors are hereafter;
LACK OF WILL – To amend the RP Act, 1951 by adopting adequate measures can be one of the progressive steps to inhale the matter that is longing out of the scope, but inside understanding of the politicians and lack of political will to deal with the matter so listed postpone the imposition of strict liability that is the need of the hour.
CASTE/RELIGIOUS SUPPORT- Voters tend to ignore the background/history of Individuals contesting as candidates, following the religion/caste which acts as a barrier for the society to take benefit of the people in influence as the deserving candidates are neglected in comparison.
CORRUPTION- The political parties with strong command often offer the candidates to contest who are economically diverse and can campaign for the party in consideration, which indeed is an ugly truth.
“Candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties”. A TOI report covered.
Voters are eventually in the end are left with minimal to zero possibilities to elect a representative of their free choice which adversely affect the system lastly.
✓ Such contestations are more than often against the principle of fair voluntary elections.
✓ These unaddressed loopholes affect the quality of governance that the Constitution of India supposes to provide the citizens with.
✓ Encourages Corruption and criminal activities.
✓ Causes social imbalance.
✓ Disturbs the integrity of the system and Public servants foundationally.
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