Decriminalisation Of Politics Flashcards
the Supreme Court in November 2017 asked the government about the status of criminal cases pending against elected ministers,
underlining the importance of breaking from the history of law-breakers becoming law-makers.
The court recommended setting up fast-track courts to deal with the cases.
Criminalization refers to the use of criminal activities by politicians; either by direct malfeasance( wrongdoing )or by indirectly recruiting .
The root of the problem lies in the country’s poor governance capacity. On the one hand, India has excessive procedures that allow the bureaucracy to insert itself in the ordinary life of people; on the other hand, it appears woefully understaffed to perform its most crucial functions.
- Ppl prefer criminals..?
The scarcity of state capacity ( governance) is the reason for the public preferring ‘strongmen’ who can employ the required pulls and triggers to get things done—someone who can enforce contracts, deal with the police when they get into trouble, handle the government babus while procuring a licence or help get admission to a government hospital for treatment.
Fast-track courts are necessary because politicians are able to delay the judicial process and serve for decades before prosecution. But it is obvious that this will do little to break down the symbiotic relationship between politicians and criminals on the one hand, and the dependence of voters on strongmen on the other. Prosecuted politicians can field their relatives in the contest, thereby retaining power within the family.
- The reform needs to change the incentives for both politicians and voters. First, bringing greater transparency in campaign financing is going to make it less attractive for political parties to involve gangsters.
- Thus, either the Election Commission of India (ECI) should have the power to audit the financial accounts of political parties, or political parties’ finances should be brought under the right to information (RTI) law.
- Second, broader governance will have to improve for voters to reduce the reliance on criminal politicians.
- That requires a rationalization of bureaucratic procedures and an increase in state capacity to deliver essential public goods like security of life and contracts, and access to public utilities.
Standing alone, fast-track courts for politicians will be ineffective in cleansing Indian politics.
