Elections are imminent. Among various issues discussed, one issue remains. Will political parties stem the rot of criminalisation of politics? Without that, can we hope to have clean India? The current Lok Sabha has 33 percent MPs charged with one or more criminal case. Nearly 20 percent have serious cases. The Supreme Court (SC) has time and again gone into this issue but we continue to get such representatives. Who is responsible for this? There are three different views.
The first is that this is not a serious issue and that politicians are a victim of these ‘false’ cases. Also that it is unfair to call someone guilty merely on being charged and that unless proved in Court they should be allowed to stand for elections. This is the view of all political parties. The second view, usually expressed in private, is that it is up to the voters to reject such candidates. They also say that they have to field such candidates to counter rival political parties. So voters are responsible for this criminalisation of politics. A third view is that political parties are to blame for putting up such candidates.
So can we expect parties this time to make politics and candidates swachh? Let’s take a look at the response of parties. In the Court, they have defended their right to field such candidates. No party has given any assurance so far. If we look at the issue of corruption in politics and government, nothing has changed in the last few decades. Even now we have cases in the SC. So we do not expect much change.
Why is this happening? There are many decent politicians but they remain silent.
The big force that drives political parties is winning. If the rules of the game enable only decent, capable and honest people to win, they will surely field such people. But as seen by them, winning depends on money. Also, local leaders who have come up using a combination of money and muscle. Most of this money is unaccounted for. The last available public data show that over 70 percent funds in political parties are from unknown sources. With the electoral bonds the source of funds will no longer be known. All this does not even touch the amount of unaccounted-for cash that is spent. Money and criminalisation are linked. One leader of a major political party said that any move to ban those with criminal records will splinter the party. A leader of another party said he has to be practical and run his party. So no major shake up is possible.
In this situation, what is the remedy? There is no short-term remedy. Except for one: some party has to state publicly and truthfully that they will field honest and capable candidates and win. That radical step is unlikely. But there are long-term remedies. Some have been put in place by the SC and the Election Commission (EC). These include declaration of criminal cases by candidates. Another Court order is to ask all candidates and parties to publish in prominent media the details of their criminal cases. But in recent assembly elections, this was done in small insertions in lesser-known papers. The electronic and social media swamp all other news. The EC has an app that voters can download and upload corrupt practices in elections. These include distribution of money, gifts and liquor. The SC has asked for special Courts and speedy trials. But this has only begun.
There are over 1,500 cases, many of which are decades old. Some State Election Commissions have put up the criminal records of candidates outside polling booths. But this is only for local elections. This needs to be extended to State and National elections.
All these are welcome steps. A few more are needed. Those indulging in corrupt practices in elections should be banned. The other view is that it is impossible to prove in Court. This is a tangled legal web but can be straightened out. Perhaps the EC needs a bit more power, subject of course to judicial review. The voters also need to fund their favourite candidates and parties with small donations. The complex issue of political and election funding needs to be sorted out. As long as big money is received and spent, we will have corruption and scams and lame Governance. When the public funds elections either privately or through the Government, along with strict implementation of election laws on black money, we will surely get better politics and elections.
With this system we are unlikely to compete effectively overseas, reach our economic potential or even defend ourselves well.
The writer can be contacted at trilochan@iimb.ac.in
Trilochan Satry is the founder chairman of ADR (Association for Democratic Reforms) and a professor at IIM Bangalore.