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Criminalization of Politics

  • November 26, 2021
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Criminalization of Politics

Subject – Polity

Context – Will you ban convicts from polls, SC asks Govt

Concept –

  • The criminalization of politics means the participation of criminals in politics which includes that criminals can contest in the elections and get elected as members of the Parliament and the State legislature.
  • It takes place primarily due to the nexus between politicians and criminals.
  • Indian Constitution does not specify as to what disqualifies a person from contesting elections for the Parliament, Legislative assembly or any other legislature.
  • The Representation of Peoples Act 1951 mentions the criteria for disqualifying a person for contesting an election of the legislature.
    • Section 8 of the act, i.e. disqualification on conviction for certain offences, according to which 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.
    • Even if a person is on bail after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election.
    • The law does not bar individuals who have criminal cases pending against them from contesting elections therefore the disqualification of candidates with criminal cases depends on their conviction in these cases.
Criminalization of Politics Polity

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