(Online Course) Pub Ad for IAS Mains: Law and Order Administration: Criminalisation of Politics & Administration (Paper -2)
(Online Course) Public Administration for IAS Mains Exams
Topic: Law and Order Administration: Criminalisation of Politics & Administration
In fact after Independence ‘criminalization of politics’: people with criminal backgrounds becoming politicians and elected representatives, ‘criminalization of administration’, politicalization of administration, not rule of law but rule of dadas and thugs - eating into the vitals of the country have become chronic and administration was accused of inaction and collusion. Earlier politicians patronized criminals and provided them protection from the law-enforcement agencies in exchange for the use of their muscle power during elections. And now it is the opposite with the criminals themselves taking over the reigns of power and patronizing the politicians and their parties.
It is well known that all parties take the help of criminal elements to dominate the election scene in India. But this process is influencing the mind and the will of the people both to gain the majority to rule the country according to their will. The system of democracy is now changing into the dictatorship of some. Because the democracy of India are now in hands of the criminal who are not capable any way to hold the post if legislature and in this process they are supported by the administrators.
Reasons
Like corruption criminalization has become a fact of our society.
1. Deviation from moral standards or back of integrity
encourages criminalization of politics and administration along with corruption.
2. Criminalization of politics means the use of criminal methods and tactics to
influence political processes and procedures and people attracted to this way of
life because no other profession yields bigger and quicker gains.
3. The permissive attitude of society and the low level of citizen’s awareness
promote criminalization of politics and administration.
4. In present position pure means have become irrelevant and sole aim is to gain
power. Hence criminalization has become a way of politics.
5. The administrators are either collaborators of the corrupt politicians or are
strangers to their ways, black money runs a parallel economy, unemployment is on
the rise, elections have to be won by induction of the amounts of black money
and caste mobilization is the universal practice.
Developments
Vohra Committee: The report by N.N. Vohra found such deep involvement of politicians with organised crime all over India that it was barred from publication. As highlighted by the Vohra Committee Our elections involve a lot of black money and it is this use of black money in elections which has also brought about the criminalization of politics. The Hawala scam brought out the linkage between the corrupt businessmen, politicians, bureaucracy and the criminals. Some 15 years ago Vohra committee submitted its report to curb criminalization of politics but the fact is that no application in this way is being made.
Supreme Court’s Judgement: The Supreme Court judgment of May 2, 2002 mandated that candidates disclose their criminal antecedents, if any, as also their financial and educational background. The Election Commission had proposed amendment of statutory rules and the format of nomination papers, to give effect to this judgment of the Supreme Court.
The Apex Court judgement to check corruption among public servant is a welcome step. No law should provide protective shield to the corrupt public official and the court has rightly held that no prior sanction of competent authority would be required to prosecute them.
Suggestions
(1) Incorporate an article for recall of legislators in the Constitution.
(2) Provide for run-off in the event of the candidates securing less than 50 per
cent of the votes polled.
(3) Institute a system of primaries or county poll, as in the US and the UK for
the selection of candidates for election, instead of leaving it to party bosses.
(4) Legislate for similar Commissions for keeping transfers, postings,
deputations and career prospects away from political decision-making and for
evaluating and passing orders on tenders above a specified amount.
(5) Introduce hire-and-fire by removing the Constitutional guarantee of
permanent tenure to government servants.
(6) Summarily sack legislators who have amassed disproportionate/unaccounted
wealth between elections or while holding public office.
(7) Legally bar grant of freebies as baits for votes.
(8) Provide for court-martial type of summary trial for those accused of
corruption, unaccounted wealth and the like, with just one appeal on points of
law.
(9) Legislate for constituting independent Commissions composed of eminent
experts of unimpeachable reputation at the Central and State levels to rid the
working of the police, investigative and enforcement agencies of political
machinations.
(10) Get the Government’s approval for electoral reforms pending for an
unconscionable long period.
(11) Make the Model Code of Conduct into law with such improvements as may be
necessary.