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MATTERS OF PUBLIC POLICY
Banning criminal netas a must !
Hasn’t the last Supreme Court headed by Dipak Misra failed
the people by leaving the crucial matter of “infusing purity
in politics” and not barring politicians facing criminal
charges from contesting elections before they are
convicted? It all depends on how you look at critical issues
of our democracy. N.N. Vohra There are, of course, views and counter-views in this matter on the presumption that such persons are “innocent” until they are proven guilty”. I am not questioning this proposition. All the same, we cannot ignore harsh realities on the ground and power games openly played by all political parties and their leaders. This scenario is highly disquieting, to say the least.Interestingly, the apex court was told by the Centre in March this year that as many as 1,765 “people’s representatives” in Parliament and legislatures in the country face criminal charges. This works out to be a little over a third of all representatives in India. This is surely not a happy situation for healthy growth of democracy.
Dipak Misra
The moot question is: What is being done promptly and effectively to nip
the ‘criminal-neta nexus’ in the bud? Not much has been done in this regard,
though last year, the Supreme Court’s two-judge bench had asked the
government to set up 12 special courts across 11 states and Delhi to deal with
cases related to elected representatives. I am not sure how fast these fast
courts are in view of the fact that money and muscle power has been
spreading its tentacles fast across the country.
I do understand the courts’ cautious approach on ‘criminal politicians’.
The apex court perhaps does not wish to cross the Lakshman rekha on the
separation of powers as provided for in the Constitution. Hence, the remark
by then Chief Justice of India Dipak Misra: “It is the duty of Parliament to
keep money and muscle at bay. Parliament should cure the malignancy
before it becomes fatal to democracy”. But can this be done? My concern is: where are “consciencekeepers” in the country’s political arena today? I expect the judiciary to find out a “constitutional remedy” since the country’s law-makers today are a mixed lot with crorepatis and crimanalpatis, considering that 35 per cent to 45 per cent of them have criminal records. I, however, appreciate honest appraisal of the problem of the “criminal-neta nexus” by the apex court. It recalled Mumbai’s serial blasts of 1993 which exposed how the “citadel of democracy” was being destroyed. It recalled the findings of the famous N.N. Vohra Committee report of October 5, 1993, which also contained inputs from the CBI, IB and RAW. The Vohra Committee had clearly expressed grave concern that “all over the years, several criminals had been elected to local bodies, state assemblies and Parliament”. I am sorry to say that the Vohra Committee report has been gathering dust in the corridors of power while governments have come and gone at the Centre and in the states. Who cares?
Ranjan Gogoi
In 2014 the Law Commission, on the
direction of the SC, studied the problem of
criminalisation of politics. It submitted its
report in 2014, saying between 2004 and
2014, as many as 18 per cent of candidates
contesting national or state elections had
criminal cases against them and half of them
faced serious charges of murder, attempt to
murder, rape and corruption as well as
charges under MCOCA. My concern is: where are “consciencekeepers” in the country’s political arena today? I expect the judiciary to find out a “constitutional remedy” since the country’s law-makers today are a mixed lot with crorepatis and crimanalpatis, considering that 35 per cent to 45 per cent of them have criminal records or face such charges. Looking beyond, our democracy has to go all the way down and must attempt to build transparency and accountability in the system. We can’t settle for what Owens called as “false democracy”. Socrates said: “To know yourself is the beginning of wisdom”. It is time we understood ourselves as individuals and as a nation. Then alone shall we have the wisdom to understand the ground realities and the pangs of sufferings of the have-nots and harassed resourceless litigants. We also must achieve the necessary will to remove the ills afflicting the nation at all levels of our democracy. Here Aristotle’s words in his famous treatise “Politics” are worth recalling. He said : “….To live by the rule of the constitution ought not to be regarded as slavery but rather as salvation”. Mercifully, the Supreme court’s bench of Chief Justice Ranjan Gogoi and Justices Uday U. Lalit and KM Joseph said on November 1 that it will put the focus back on a PIL’s main plea to impose life ban on elected representatives and politicians once they are convicted in a criminal case. It may be recalled that the PIL had been filed by advocate Ashwini Upadhyay. Meanwhile, the apex court has sought response from all High courts on this suggestion and has posted the matter for further hearing on December 4. I am hoping for a positive outcome of this PIL for a life ban on convicted politicians from contesting elections. Thanks a lot Chief Justice Ranjan Gogoi for taking the right initiative in this delicate arena ! |