Friday, 14 February 2020

Shock treatment from the Supreme Court awaiting criminal Indian politicians!!


Criminal Netha in the 'can'. awsisto.com
Why are so many politicians  facing criminal charges still getting  elected to parliament and state assembles? Across India people express their deep concern over more and more criminals  getting into the  great democratic institutions - state legislature and Lok Sabha and Rajya Sabha.
George orwell. pinrest.com

Cime coolnsmart.com
Criminals and politics  have become inseparable - a sort of symbiotic relationship for a few decades. The situation is so irksome and worrisome if a netha does not have  at least one case on his name to boast of his status in the political arena, he does not get  respect, rather he is looked down upon by his fellow men!!.  Corruption and criminalization of politics will be a menace and threat to  country's democratic tradition, progress and welfare of the people. Apart, in the past one decade or so  terrorism and naxalism further retard the country's progress. On top of it, caste and communal politics in the door steps of places of worship has taken a wrong direction. That they have become political platforms is a sad commentary.  Since criminalization in politics will erode the fabric of Indian democracy, the Supreme Court of India made certain directions recently.
thepoliticallyincorrectindian.home.blog
Crime and politics in India are so  blended and camouflaged  it is a vein attempt to find “clean politician” with  no criminal records and now, they have become a breed apart.  With  numerous exceptions, most of them are ruling the society and they have the power and pelf to do so.  Because of prevalence of
candidates  with criminal records, corruption, enticing of poor voters by way of cash and kind, etc at stake is our democratic values and constitutional ethos.  Finding a  politician  dedicated to the society  and people's welfare is like finding  a nugget in the Badlands terrain. Before every election, be it State Assembly  or Lok Sabha,  in this  2nd most populous land (next to China) that boasts of the largest democracy in the world, people witness a sort of high-voltage  election to catch the power either in the State or in the Parliament. You can witness a sort of TV soap-opera episode. When the curtain goes up the hilarious, but unethical drama unfolds and   will continue for a while  if the coalition parties do not get the needed majority. To tip the scale, there will be horse-trading of  cross-over politicians who carry a price on their heads.  These elected candidates will be playing hide and seek along with  them - secretly shunted from places to places until they  settle on a comfortable  majority  with the help of  cross -over nethas. For their crucial services of changing their shirt and political ideology (if they have one) they  will get a fat reward - enough to settle down in life.

The proper administration of elections in a democratic country  with more than 560 million voters lining up before more than 930000 polling stations  to choose the right candidate representing as many as more than 470 to 500  political parties is  a nightmare for the Election Commission of India. They have to watch out for booth-capturing, tampering of votes, bribes, etc.,  in remote places.

Corruption  has become part of politics  and is found in grass root levels.   According to a report  published in the recent past by the Association for Democratic Reforms (ADR), a nonprofit organization  that works on electoral and political reform, ''a total of 1,580 Members of Parliament (MPs) and Member of Legislative Assemblies (MLAs), or approximately 33 percent of the legislators in India’s Parliament and state assemblies, have criminal cases pending against them''. In 2018, it is reported that  though some of  their charges are minor, over 20 percent of the new MPs face serious charges such as attempted murder, assaulting public officials, and theft.

India. politics and crime. epaper.timesgroup.com/
India -poliics and crime.satynandvatsa.blogspot.com/2014
Knowing the criminal records well, fielding the tainted candidates irrespective of their party affiliation is an anathema. No less than the highest Court of Judiciary in India - the Supreme Court is wary of this growing nexus between criminals and politicians, and 
ordered the Parliament to “cure the malignancy” of criminalization of politics by making a proper law totally prohibiting  the entry of politicians with criminal records into portals of the Assembly or the Parliament or any other  political arena.
  Chief Justice Dipak Misra and the five judge-bench  observed  ''this unsettlingly increasing trend” has the propensity to “send shivers down the spine of a constitutional democracy.” The court added that the criminalization of politics was “not incurable” but the issue was required to be dealt with soon before it becomes “fatal” to democracy. They added the criminalization of politics is an “extremely disastrous and lamentable situation.” 

Many media and political commentators keep saying the prevalence of criminal activities in politics is not under check due to lack of deterrents like
stringent law that requires political parties to revoke the membership of tainted candidates  or complete ban on their entry in politics for the rest of their life. Besides, they should be fined heavily running into crores if caught in a scam or misappropriating public funds meant for the welfare of the people who elected them to power.  The Parliament  must amend Article 102 of the Constitution and provisions of the People’s Act to disqualify unworthy candidates.  If it is not done nothing will change the present political scenario.

The shocking news is of 3,884 criminal cases,  court conviction  resulted in a 6-year  ban from contesting elections;  guilty  judgements  in 38  cases and 560 were let out scot-free - just acquittal. Yet another disparaging fact is  in 18 of 29 states and two of seven union territories, surprisingly there were no convictions for criminal cases against MPs and MLAs whose criminal activities included  murder, attempted murder, kidnapping, hate speech, and criminal intimidation.
Indian political scenario and criminals thehindu.com
 In this regard the government is doing nothing, keeping the  fingers crossed. Many experts are of the view that  any ruling party won't take the risk because more importance is given to the  ‘winnability’ factor of the tainted candidates than their degree of criminality. What is the end result? This positively  relegates all their criminal activities to the background.  It is quite shocking   rules are so relaxed that currently, even candidates who spent for less than two years in a slammer can contest elections. 
Ciminal poliicians, India . edenias.com
Our old democratic tradition lies buried deep in the ground, so is the aspiration of Indian electorates who expect our politicians  will make their future safe and comfortable. If great patriots like Netaji Bose, Vallabhai Patel and Gokhale, were  alive,  they would hang their head in shame.   
Criminals in Indian politics will get a shock treatment!! www.apherald.com
The court’s  new direction came  in the wake of its observation of  an alarming increase in criminalization of politics in the last four general elections across the country.   ''The Supreme Court has come up with a series of landmark judgments on addressing this issue. It removed the statutory protection of convicted legislators from immediate disqualification in 2013, and in 2014, directed the completion of trials involving elected representatives within a year. In 2017, it asked the Center to frame a scheme to appoint special courts to exclusively try cases against politicians, and for political parties to publicize pending criminal cases faced by their candidates in 2018. But these have not been a deterrent to legislators with dubious credentials. Perhaps what would do the trick is a rule that disallows candidates against whom charges have been framed in court for serious offenses, but this is something for Parliament to consider as an amendment to the Representation of the People Act, 1951. This denouement, however, is still a pie in the sky given the composition of the Lower House with a number of representatives facing serious cases. Ultimately, this is a consequence of a structural problem in Indian democracy and the nature of the Indian state.''...... (vide: thehttps://www.hindu.com/opinion/editorial/crime-and-politics/article30668919.ece
The Supreme Court has taken the right move to curtail
criminalization in politics and proper implementation of this move is far more important than mere direction because our Nethas know very well how to save their face by using lots of holes in the law. The Supreme Court on Thursday - 13th Feb. 2020 directed political parties to upload on their websites details of pending criminal cases against candidates contesting elections.

A bench headed by Justice F Nariman from the parties over the selection of such candidates and said the information must be uploaded on social media platforms like Facebook and Twitter and in one local vernacular and one national newspaper.

The Supreme Court said the parties must submit a report of compliance to the Election Commission within 74 hours of selecting such candidates, failing which the poll panel must inform the apex court. 
The apex court also demanded  a proper  explanation from the parties over the selection of such candidates and said the information must be uploaded on ''social media as well as published in newspapers''.  The court has taken the right direction, though it is belated,  based on the plea from the Election Commission of India (ECI) to direct political parties not to field candidates with criminal history.  The spark is the finding that 46% of Members of Parliament have criminal records, has forced the SC to act quickly. 

https://thediplomat.com/2018/12/indias-criminal-politicians/
https://www.indiatoday.in/india/north/story/candidates-with-criminal-past-more-likely-to-win-elections-172108-2013-07-30