Cleaning the House

Mains Paper: 2 | Polity 
Prelims level: Representation of the People Act
Mains level: SC puts onus on executive to end criminalisation of politics, insists on disclosures to make voters aware of their candidates

Introduction 

• The Representation of the People Act (RPA) does not bar individuals who have criminal cases pending against them from contesting elections. 
• A five-judge bench of Supreme Court refused to disqualify candidates with criminal cases pending against them from contesting elections.
• However, the country’s political class would do well take to serious note of the bench’s lament that the “increasing trend of criminalisation of politics… strikes at the very root of democracy”. 
• While showing a welcome inclination to not step out of its domain, the SC has asked Parliament to come up with a law to check the criminalisation of politics. 
• It has also issued a slew of directives to ensure that the voters are aware of the antecedents of candidates. Political parties will have to upload details of criminal cases pending against their candidates on their websites.
• The candidates will have to furnish such information in their election affidavit and also publish it in a “widely-circulated newspaper”.

Provisions in RPA Act

• The Representation of the People Act (RPA) does not bar individuals who have criminal cases pending against them from contesting elections. 
• It does state that 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 in cases on drag the courts for years makes this provision virtually ineffective.
• Notwithstanding the compelling urgency to decriminalise politics, the SC has always been steadfast that its interventions in the matter should not transgress the principles of separation of powers enshrined in the Constitution. 
• At the same time, it has been unequivocal that “voters have a right to know about the candidates contesting elections”. 
• In 2002, in Union of India Vs. Association for Democratic Reforms and Another, the court noted that such information should comprise.
• The antecedents of the candidate’s life including whether he was involved in a criminal case and if the case is decided.
• The court’s ruling on Tuesday not only affirms such observations, it also underscores its dissatisfaction with the RP Act. 
• The time has come for a law against criminalisation of politics. The nation eagerly waits for such legislation,” the bench observed. The ball is now in the executive’s court.

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General Studies Pre. Cum Mains Study Materials

UPSC Prelims Questions: 

Q.1)  Which of the following are classified as Electoral Offences under Representation of People Act 1951?
1. Promoting enmity between communities on the basis of religion, class, caste etc.
2. Publishing Exit polls during conduct of elections.
3. Filing false affidavits.
Select the correct answer using the code given below.
(a) 1 and 3 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer:  D

UPSC Mains Questions:
Q.1)  Why India needs decriminalization in Indian political system?