Criminalisation of Politics & Administration

Phenomenon to this effect came up in 60s

— and has been there subsequently with change in nature & character.
— if we trace into Indian politics one finds certain phases

i) mid 1960s onwards till early 1970s
Characterized with gradual lowering of ethics in politics
— beginning of unethical nature of politics Napolean “I hate politics as politics knows no principle knows, Rajni Kothari – “beginning of unsaintly politics”
— attaining power at any cost.

During Nehruvian period few things obstructed these trends it was a period fresh out of freedom struggle loud imprint of high principles of struggle for independence was period of national euphoria.

INC was hailed for taking India to independence immense support for Congress; weak opposition, there were statesmen & not politicians at below of affairs in both Congress & even other parties.

Even through initial period was known for high moral & ethical strandars, there were incident of corruption also in Nehruvian period many believe that the genesis of criminalisation of politics lies in this period.

Eg. Krishn Menon (High Commissioner to London) “Jeep Scandal”

E.g. K.D. Malaviya, minister in Nehru’s Cabinet accused of favouring unfairly an Orissa mining magnate.

E.g. T.V. Krishnamachary (L.I.C. scandal).

For first time in 1967 : almost half of Indian state became non Congress States threat to Congress for first time of an alternative power base 1960s – regional politics started maturing, democratic expression emerging, regionally fractured vote bank.

— many members in politics felt, threat of loss of power, led to desperations search for alternative medium of acquiring power, introduced of money and muscle power, took help of big businessmen and also criminals not only criminalization of politics but also political patronage to criminals, administration thus became subordinate to criminals also period of “Politicasation of Criminals.

This enhanced the status of criminals but there was a contant threat of loss of patronage (dependence) in 1970s there was a shift from perennial insecurity and to bring about a respectable life Criminals started entering politics themselves getting elected to state & Central legislatures post 70s is know for Criminalisation of Politics, Politicisation of Criminals, Criminalisation of Administration.

E.g. Indra Gandhi regime Criminals like, L.N. Mishra, Gundu Rao, J.B. Patnaik, Jagannath Mishra, A.R. Antulay.

E.g. Rajiv Gandhi, Bofors, H.D.W. Submarine case, Fair Fox Case.

E.g. Narasimha Rao, Hawala, Telecome Scom (Sukhram)

E.g. NDA, Tehelka expose
UPA, Spectrum case A. Raja
 

Data of 11th Lok Sabha states that 40 people had criminal record state Legislature – 700 people are criminals.

- every 5th politician has criminal background very recently there has been a Civil society organization called Public Interest Foundation headed by Bimal Jalan has come out with suggestions that Election Commission must not allow people with Criminal background to contest in elections.
Government Act – Only convicted people can’t contest election if charge sheeted allowed.
Fali S. Nariman, if only individual convicted for 2 years to be not allowed to contest election not an appropriate option.

Bimal Jalan:

1. Political parties could be prudent not to give tickets to people with criminal backgrounds

2. people should be prudent about who they are electing in this respect initiative of Election Commission in disclosing details of politicians is commendable.

3. as far as criminal politics are concerned, there must be Fast track courts to take their case & depose within 3 months in mean time oath shall not be administrated to them.

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