The interelationship between politics and criminals signifies a deteriorating trend within a democratic system of government. While criminalisation of politics is gradually becoming a norm, there is a significant lack of regulatory and legal safeguards against this trend.
Recently, judges of SC gave directions to the central government regarding setting up of fast track courts to deal with pending criminal cases against politicians. With the Election Commission of India noting that 1 out of every 6 Member of Parliament has a criminal case pending against him, this direction assumes significance.
MERITS OF THE MOVE
=> Deterrance against criminal behaviour- With the speedy disposal of cases, politicians will have less incentive to engage in criminal activities.
=> Hindrance to corruption- As criminals enter the law making body, the institutional ethics and standards degrade leading to deeping of corruption throughout the political and administrative structure.
=> Upholding rule of law- This move will help in demonstrating the effectiveness of justice system.
CHALLENGES
The political architecture of India requires further reforms which can complement the fast track courts. These include:-
=> Reforms in electoral system including transparency in funding of political parties, partial state funding of electoral system to address influx of black money, permanent disqualification of convicted candidates, etc.
=> Formulation and publication of code of ethics and code of conduct for ministers and MPs and MLAs.
=> Parliamentary reforms to remove conflict of interest.
CONCLUSION:In order to break the symbiotic relationship between politicians and criminals, political will, administrative neutrality, judicial effectiveness and public awareness must go hand in hand.