oppn parties Decriminalization Of Politics: Why Are Parties Against It?

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
Stock markets on fire due to US results, Sensex gains 2008 points to reach its highest level in 8 months
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Decriminalization Of Politics: Why Are Parties Against It?

By Sunil Garodia
First publised on 2021-08-12 05:50:33

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court came down heavily on the government and all political parties for not heeding its fiats on reversing criminalization of politics. In two separate judgments, two benches of the apex court fined, made the rules stricter and disallowed the executive from withdrawing criminal cases against MPs, MLAs and MLCs without the permission of the high court in the respective state. It reflects poorly on the political setup in the country if the courts have to regularly intervene to uphold the public interest while political parties refuse to clean up the electoral system despite express orders and guidance of the highest court in the land.

The problem is that for the political parties, this has developed into a kind of disguised brotherhood. Despite ideological and other differences which keeps them at each others' throats at most times, all political parties - without exception - are united when it comes to either giving tickets to criminals or withdrawing cases against party MPs, MLAs and MLCs by misusing the provisions of Section 321 of the CrPC. What is even worse is that they flagrantly violate the September 2020 Supreme Court order directing them to prominently advertising the criminal antecedent of candidates at least two weeks before they file nominations. The apex court fined 9 political parties up to Rs 5 lakh for not complying with the order since the Bihar elections. But will this grossly inadequate punishment deter them from not ignoring the order in future?

A different bench took up the case of governments withdrawing criminal cases against party MPs, MLAs and MLCs. This is being done in all states by governments of all political parties. The Kerala High Court had recently cancelled one such decision by the LDF government in the state which had withdrawn cases against MLAs for protesting inside the assembly and damaging public property when the UDF government headed by Oomen Chandy was in power. The BJP government in Karnataka had also withdrawn criminal cases against 61 such legislators. The court has taken a dim view of this and has ordered that due process must be followed. The states will have to henceforth take permission from the high court before dropping such cases.

It is necessary for all political parties to come together to rid Indian electoral politics of the increasing dependence on money and muscle power. They must realize that in a level playing field, no party will lose and the people will gain. If all parties are prevented from fielding tainted candidates they will all gain by fielding better candidates. But none of the parties are agreeable to this. Should the public then see their vehement opposition to correcting the course as proof that criminals have completely taken over the parties and the other leaders are just a front for them? Prime Minister Modi says economic reforms are being carried out through conviction and not compulsion. But where does this conviction go when it comes to cleaning up electoral politics?