criminalization in politics
TRANSCRIPT
GROUP 4:
ABHINAV MISHRA (644)
RIYA RAAJ (637)
ABHIMANYU VERMA (612)
NIKITA VASU (606)
Criminalization
In Politics
Group 4
A
Political Science
Project In the fulfillment for the requirement of the project on
the subject of Political Science of B.A., L.L.B. (Hons.), Third Semester
Submitted To: Prof.
Ms. Shveta
Dhaliwal
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RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB
PATIALA-147001 (PUNJAB)
Ms. Shveta Dhaliwal Patiala (Punjab)
Assistant Professor in Political Science Date: ____
RGNUL, Punjab
Patiala
SUPERVISOR’S CERTIFACTE
This is to certify that the Project Report entitled: CRIMINALIZATION OF POLITICS
submitted to the Rajiv Gandhi National University of Law, Punjab in partial fulfillment of the
requirements for B.A. LL.B (Hons.), Third semester is an original and bona-fide research
work carried out by Nikita Vasu, Abhimanyu Verma, Riya Prem Raaj and Abhinav Mishra
under my supervision and guidance. No part of this study has been submitted to any
University for the award of any Degree or Diploma whatsoever.
______________________
(Ms. Shveta Dhaliwal)
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PREFACE
We feel great pleasure in presenting the project under study. We hope that the readers will
find the project interesting and that the project in its present from shall be well received by
all. The project contains the reasons and explanations’ for the Criminalization of Politics in
India and ways and means to curb it.
Every effort is made to keep the project error free. We would gratefully acknowledge the
suggestions to improve the project to make it more useful.
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ACKNOWLEDGMENT
We have been taught the subject of Political Science by our Respected Assistant Professor,
Ms. Shveta Dhaliwal who helped us all through in the accomplishment of this project. Ma’am
helped us to gather the various sources which we could give final shape to the topic under
study. She not only provided us a platform to compile but also guided us at all levels.
We, also thank the members of the library staff and computer section for the cooperation in
making available the necessary books and accessing the internet even during their free time
which helped make the project even more interesting and informative.
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RESEARCH SCHEME
This project involves Analytical style of research wherein, the Effect of Criminalization of
Politics in India, its evaluation, scope, causes and solutions have been discussed. Credible
authentic internet and book sources have been used so as to aid the research project at hand.
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TABLE OF CONTENTS
CHAPTER I ............................................................................................................................... 1
INTRODUCTION ........................................................................................................................... 1
1. DEFINITION ......................................................................................................................... 1
2. KINDS OF “CRIMINALIZATION IN POLITICS” ........................................................................ 2
3. CAUSES OF CRIMINALIZATION IN POLITICS ......................................................................... 4
4. ELECTORAL REFORMS ......................................................................................................... 5
CHAPTER II .............................................................................................................................. 6
Global and Indian Perspective Of Criminalization .................................................................... 6
1. INTRODUCTION.................................................................................................................... 6
2. THE NEED FOR SUCH LAWS .................................................................................................. 6
3. REASONS FOR THIS CRIMINALIZATION ............................................................................... 8
CHAPTER III........................................................................................................................... 11
CORRUPTION AND POLITICAL NEXUS IN INDIA ..................................................................... 11
1. INTRODUCTION.................................................................................................................. 11
2. SCAMS IN INDIA ................................................................................................................ 11
3. SUGGESTIONS TO CURB THE ISSUE ..................................................................................... 18
CHAPTER IV .......................................................................................................................... 19
REMEDIES TO PREVENT THE CRIMINALIZATION IN POLITICS ................................................. 19
1. INTRODUCTION.................................................................................................................. 19
2. CANDIDATURE AND CRIMINALIZATION – THE LAWS AT PRESENT ..................................... 20
3. RECOMMENDATIONS ......................................................................................................... 21
4. CONCLUDING SUGGESTIONS ............................................................................................... 24
“After 64 years of Independence, India awaits to be freed again. To be freed the criminals
who have muscled their way to power”.
- Ramachandra Guha, Indians Great, Greater, Greatest. The Hindu.
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CHAPTER I
INTRODUCTION
1. DEFINITION
Essentially, “Criminalization of Politics” refers to those acts carried out by persons with
Legislative, Judicial or Executive Authority, (as opposed to the belief that it is limited to
political authority) which undermine the constitutional fundamentals of India. In India, these
fundamentals are governed by the basic spirit of governance, which is Democracy. The
modern definition of Criminalization in politics tends to incorporate more than just the
criminalization in “Politics” (in the purer sense of the term) and extends the scope of the term
to forms of criminalization in Electoral Politics, Policy-making Politics, Judiciary, Executive
and even the Administration. This is so because the modern day definition of Politics imbibes
in itself the concept of “Governance” which is holistic.
Today, Criminalization of Politics seeps through the various strata of Indian governance,
right from the lowest-rung Babu charging a petty bribe to get a job done, to the top-rung IAS
Officer or MP/MLA indulging in some form of perverted activity undermining the ideal
scenario of governance. Below is a break-down of Criminalization and Politics, in its
definitional sense, in the context of this project.
1.1 POLITICS
Ideally, one would opt to define “Criminalization” before defining “Politics”, but in the
context of this subject-study, it is more important to define “Politics” since the scope of
“Politics” plays a crucial role in setting the parameters of “Criminalization”.
According to the Merriam-Webster dictionary, “Politics” is defined as “the art or science
concerned with guiding or influencing governmental policy”1. Hence, it only makes logical
sense to broaden the scope of Criminalization of politics to the extent that all the facets of
1 Retrieved From: http://www.merriam-webster.com/dictionary/politics. On 29/10/2012
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governance can be covered. As an illustration, when a person with a pending criminal charge
gets a ticket to contest the elections, it is a form of Criminalization of Politics. When the
Telecom Minister misappropriates a certain amount of money (however significant) to his
benefit, or in amore legally specific context, Article 102 (1)(A) of the Indian Constitution
bars an MP or an MLA from holding any office of profit under the Government of India or in
any state other than an office declared by the Parliament by law as not disqualifying its
holder2, and when this is negated, it can be called Criminalization Of Politics.
1.2. CRIMINALIZATION
While exploring the subject of “Criminalization in Politics”, be it with regard to any country,
what must be kept in mind is that in quintessence, the term “criminalization” is that it is a
perverted form of a process and encompasses but is not limited to the term “crime”. The
conventional definition of the term includes the persons involved are the high-ranking
government officials. However, in the course of this project, the persons involved are not
restricted to only the high-ranking officials, and could well include
2. KINDS OF “CRIMINALIZATION IN POLITICS”
This section is an attempt at bringing forth the existing facets and forms in which the
criminalization of politics exists in the Indian Governance. This will be substantiated with
examples and illustrations. However, these forms are not exhaustive since an exhaustive
approach cannot be adopted for the findings of such a broad phenomenon.
2.1 ELECTORAL FRAUD
Electoral Fraud refers to such acts which disrupt a process of fair elections illegally.
However, acts which disrupt fair elections but are not illegal, may also be referred to as
electoral fraud, on moral grounds.
2.1.1 POLITICAL CANDIDATES WITH CRIMINAL RECORDS/PENDING CHARGES
2 Retrieved From: http://eci.nic.in/archive/handbook/CandidateHB_EVM_.pdf. On 29/1/2012.
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The criminalisation of our political system has been observed almost unanimously by
all recent committees on politics and electoral reform. Criminalisation of politics has
many forms, but perhaps the most alarming among them is the significant number of
elected representatives with criminal charges pending against them3. Approximately
38% of the persons contesting electoral polls have a criminal record. Mr.S.Y Qureshi,
the Election Commissioner Of India, said back in 2011 that persons with a criminal
record do not deserve to sit for polls. “The draft bill on electoral reforms will resolve
this problem when it comes into force, as it bars candidates with criminal
backgrounds from contesting an election" he said. The problem with such persons
sitting for polls is that not only do they have no credibility, they also disrupt the
process of free and fair elections by using unfair means and methods.
2.1.2. MUSCLE POWER USED TO GATHER VOTES
A common happening in the electoral politics of today, is musclemen using the fear
psychosis to gather votes. They fear the weak and poor to vote for a specific candidate
or manipulate the vote-banks. At various instances, musclemen have been used to
scare away competing candidates (and their means may extend to inflicting damage
and even causing death at times). Strict measures were enforced, bringing in 639
companies of paramilitary forces to prevent muscle power effects. The effect, it
seems, is telling on musclemen4. It is widely believed that the cost of fighting
elections has climbed far above the legal spending limits. This has resulted in lack of
transparency, widespread corruption, and the pervasiveness of so-called ‘black
money’.5
2.2. POLITICAL SCAMS
Scams in the (purely) Political arena have skyrocketed in the past 5 years. From upscale
scams such as the 2G scam (responsible: A.Raja) or the Commonwealth Scam (responsible:
S.Kalmadi) to financial irregularities by municipal corporations which are alleged to have
taken place in projects such as slum rehabilitation, marking of floodlines, granting of
3 Background Paper On Electoral Reforms, Page 2
4 Retrieved From: http://www.thehindu.com/opinion/lead/article2379704.ece. On 29/1/2012
5 Background paper on electoral reforms. Pg.4
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transferrable development rights, city centre project, change in land reservations, housing
schemes, massive cost escalation in major projects and change in rules for bus rapid transit
system, Political scams have increased by leaps and bounds, thus contributing further to the
Criminalization of Politics in India. This issue will be dealt with, in greater depth,
subsequently in this project.
2.3. BUREAUCRATIC SCAMS
The nexus between bureaucracy and politics has been explained in the preceding portion of
this chapter. Many times, large-scale scams (for eg: 2G, CWG, etc.) have bureaucratic
officials involved in them. At other times, the governments try to shield bureaucratic officials
(Eg: Chhatisgargh government trying to shield Babulal Aggarwal, the richest IAS officer of
India at that point of time.6 Or it so happens that bureaucratic officials and their actions end
up affecting the political scenario of a country, and when such actions are corrupt, it leads to
criminalization of politics.
2.4. CRIMINAL GANGS ENJOYING PATRONAGE OF POLITICIANS
In Chapter 4 of the report of the National Commission to Review the Working of the
Constitution, cites the Vohra report as follows: “The nexus between the criminal gangs,
police, bureaucracy and politicians has come out clearly in various parts of the country” and
that “some political leaders become the leaders of these gangs/armed senas and over the years
get themselves elected to local bodies, State assemblies, and national parliament.”7
3. CAUSES OF CRIMINALIZATION IN POLITICS
One can attribute the causes of Criminalization in Politics to the fact that India is still a
country where the mechanisms which are quintessential to running the various administrative
systems are not free of loopholes which feed to the need of men wanting to derive the “extra
edge”, or, to overcome the weaknesses which have been attributed to them by the system
itself.
6 Retrieved From: http://ibnlive.in.com/news/chhattisgarh-govt-shields-tainted-ias-officer/154742-3.html. On
29/1/2012. 7 Vohra Committee Report
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4. ELECTORAL REFORMS
While solutions to reduction of Criminalization in Politics have been provided in detail in the
subsequent chapters of this project, it is important to introduce the concept of Electoral
Reforms and how they can benefit the dire situation of Indian Politics.
Electoral reforms such as a fixed amount of finances and greater financial transparency by the
Electoral candidates which have been implemented to an extent (but are still ridden with
loopholes), reduction of Poll Booth Manipulation, etc. instead of getting various committees
to sit on issues for ages, is what is required in the crux of the matter.
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CHAPTER II
GLOBAL AND INDIAN PERSPECTIVE OF
CRIMINALISATION
1. INTRODUCTION
The democracy of India has shown a refreshing ability to adapt to situation and uphold
democratic institutions and practices. The Criminalization of Politics needs special attention
by the people because the subject revolves around the vested interests of politicians of all the
parts of the society; as such the people can never hope that the politicians would take any
initiative to rectify this evil because of their own goods. The prevailing trend is spreading like
cancer. It is damaging all the constitutional safeguards of democracy; that is, it is spoiling
bureaucracy by making it partial; it controls press; and even threatens judiciary; and thus is
destroying the very foundation of democracy.8
Unlike in Europe, where religious authority, especially the Roman Catholic Church, has a
long history of intervening in the secular domain, India has no such comparable tradition.
Religion has never sought to dictate politics in India because there has been no consensual
centralized religious authority which could claim to speak on behalf of the entire Hindu or
Muslim population. Modern India is witnessing the very opposite of the battles fought in
Europe to free politics from encroachments by religion.9 Thus India is in an alarming
situation which at the earliest needs to be curbed.
2. THE NEED FOR SUCH LAWS
According to the written law or reports firstly talking about the Constitution of India, many
privileges and powers are being given to the members of the parliament for the safeguard of
their positions and there are also certain conditions which the candidate should follow.10
But
8 Reema Sujay at Legal Services http://www.legalserviceindia.com/article/l290-Criminalization-of-Politics.html
on 20th October 2011 at 12:00 pm 9 Criminalization of politics, Madhu Kishwar, 1993 (Manushi)
10 Article 105, The Constitution of India
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due the increase in Criminalization in the politics of the country the Constitutional Articles
are loosing their importance. Not only in The Constitution but in The Representations of
peoples Act the rules are provided. Basically the act came in force to provide the necessary
guidelines for the electoral process in India. It suggests every procedure involved in the
electoral process which includes from the conduct of polls, the machinery involved for free
and fair elections, to disqualification of members on certain grounds.11
But no rule is
followed in 21st century’s politics of India.
2.1. CASES TO ILLUSTRATE THE NEED
Criminalization of Politics in Bihar is one of the main examples to showcase this evil
practice, in this case Former Bihar DGP D. P. Ojha was contesting the Lok Sabha elections
from the Begusarai constituency in Bihar in the 14th Lok Sabha Elections on the "Clean Up
Bihar" platform. With Ojha's growing voice against the status quo of the Rashtriya Janata Dal
(RJD) leaders had formed a coalition demanding immediate removal of the DGP accusing
him of violating the police code of conduct. He was fired from his post by the Rabri
government in December last year on 5th December.12
Thus without any valid reason he was
replaced by another DGP but the support of people was with him and due to criminalization
of politics only the true candidate is not able to contest fair election in each and every state of
the country. The former Bihar Chief Minister Mr. Laloo Yadav, once made a statement in
Bihar Assembly that some members came to House with arms and that very soon there would
be firing in the House if the tendency was not curbed. The carrying of guns in the Bihar
Assembly thus reflects the growing criminalization of politics in the state.13
The practice is generally opted by the politicians of the country to hire the ‘muscle power’ to
improve their electoral prospects and criminals run for public office. These circumstances
have led to conclude that India has entered into growing crisis of governability.14
According
to the Chief Election Commissioner, 180 out of 425 members of UP legislative Assembly had
criminal records and the last general elections in Bihar were contested by 243 candidates
against whom charges were pending.15
In 1977, the Bihar Assembly had 10 MLA’s who were
11
Chapter III, The Representation of Peoples Act, 1951 12
Retrieved from http://www.indian-elections.com/regional-issues/criminalisation-bihar.html on 21st October
2012 at 2 :00 pm 13
Indian Government and Politics, Dr. B.L Fadia, Satiya Bhawan Agra 2012, pg 732 14
21st Century India: View and Vision, A.P. Thakur and Sunil Pandey, Global Vision Publication House New
Delhi 2009, pg 172 15
Kuldeep Nayar, “the Vohra Report-Sparing the Culprits” Indian Express, August 7, 1995
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history-sheeters by 1990 the number increased to 40. Kalyan Singh the CM of UP expanded
his ministry in October , 1997 to include defector and criminal who supported him, of 424
members of Vidhan Sabha, 132 were suspected criminals, 16 actually sat in the cabinet
meetings presided by Kalyan.16
According to G.V.G Krishnamurty it was an international
acceptance norm that “Law breakers cannot be allowed to be lawmakers.” which India must
follow as at that time nearly 700 members of State Assemblies out of 4072 had criminal cases
against them.17
The National and the Regional parties show detestation towards criminalization, but on the
other hand support them fully, the criminals help to conduct election in an undemocratic
manner. No part of the country is remained untouched as criminalization is spreading like
anything in the whole country.18
Riots and violence are the main weapons of the criminals
this practice is originated since 1967 which has bought the political scene of the country in
the worst condition as these criminals only become the members of the parliament and the
assemblies of the legislature.19
3.1. REASONS FOR THIS CRIMINALIZATION
3.1. VOTE BANK
A politician’s link with them constituency provides a congenial climate to political crime.
Those who do not know why they ought to vote comprise the majority of voters of this
country. Therefore majority of the voters are maneuverable, purchasable. Most of them are
individually timid and collectively coward they are suppressed by the politicians easily.
Elections are won and lost on swings of just 1% of the vote, so parties cynically woo every
possible vote bank, including those headed by accused robbers and murderers. Legal delays
ensure that the accused will die of old age before being convicted, so parties virtuously insist
that these chaps must be regarded as innocent till proved guilty.20
16
India Today, November 10,1997, p.34 17
The Hindustan Times, June 27, 1998 18
The Politics of Corruption The Goodness that failed, Shashi B Sahai,Gyan Publishing House New Delhi 1995,
Pg 127 19
Politics in India, MM Sankhdhar & Gurdeep Kaur, Deep and Deep Publications 2005 New Delhi, pg 20
Retrieved from http://www.halfmantr.com/display-national-issues/1025-criminalization-of-politics-in-india
om 22nd oct 2012at 8:00pm
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3.2. CORRUPTION
This practice is very common in the Indian politics as in every election all parties without
exception put up candidates with a criminal background. The greatest power that democracy
arms is the people to vote incompetent people out of power. Independence has taken place
through a two-stage process. The first stage was the corrupting of the institutions and the
second stage was the institutionalization of corruption. As we look at the corruption scene
today, we find that we have reached this stage because the corrupting of the institutions in
turn has finally led to the institutionalization of corruption. The failure to deal with corruption
has bred contempt for the law. When there is contempt for the law and this is combined with
the criminalization of politics, corruption flourishes. India is ranked 66 out of 85 in the
Corruption Perception Index 1998 by the German non-government organization
Transparency International based in Berlin.21
3.3. LOOP HOLES IN THE FUNCTIONING OF ELECTION COMMISSION
The Election Commission must take adequate measures to break the nexus between the
criminals and the politicians. The forms prescribed by the Election Commission for
candidates disclosing their convictions, cases pending in courts and so on in their nomination
papers is a step in the right direction if it applied properly. They would only inform people of
the candidate’s history and qualifications, but not prohibit them from casting their votes. For
the past several general elections there has existed a gulf between the Election Commission
and the voter which needs to be reduced but here is no scope of that in near future. Common
people hardly come to know the rules made by the commission. Bridging this gap is essential
not only for rooting out undesirable elements from politics but also for the survival of
our democratic polity. This is an incremental process, the rate of success of which is directly
proportional to the increase in literacy rate in India. The electorate have made certain wrong
choices in the past, but in the future national interest should guide them in making intelligent
choices to have a better future of the country.
21
Surya Prakash at Politicians on Politicians on 26th oct,2012
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3.4. DENIAL OF JUSTICE AND RULE OF LAW
Criminalization is a fact of Indian electoral politics today. The voters, political parties and the
law and order machinery of the state are all equally responsible for this. There is very little
faith in India in the efficacy of the democratic process in actually delivering good
governance. This extends to accepting criminalization of politics as a fact of life. Toothless
laws against convicted criminals standing for elections further encourage this process. Under
current law, only people who have been convicted at least on two counts be debarred from
becoming candidates. This leaves the field open for charge sheeted criminals, many of whom
are habitual offenders or history-sheeters. It is mystifying indeed why a person should be
convicted on two counts to be disqualified from fighting elections. The real problem lies in
the definitions.
Thus there should be a stop to one of the biggest loopholes of the Indian Politics that is
Criminalization, because if it progresses like the way it is doing now then the democracy of
the country will be at stake. The government of India should make and imply such
commission through which this practice should come to a complete end. Though it would
take time but initial stage of the reformation should be started.
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CHAPTER III
CORRUPTION AND POLITICAL NEXUS IN INDIA
1. INTRODUCTION
India as a whole today has been actively involved in purging out corruption but with little
avail. Movements such as those led by Anna Hazare regarding the Jan Lok Pal bill all end up
at the parliaments’ stable and are stagnated there. The only efforts to awaken the country to
the state of affairs of the government has been by Jagore, India, which tried to portray the
true state of affairs of India the rough its effective ads and one liners that have captured the
attention of the people of India. Today, the political parties have become so corrupt and open
about their corruption thing at the people are unable to do anything about it. The police is
usually hand-in-glove with the politicians and the parliamentary privileges that the Members
of Parliaments are entitled too also help save them from getting put behind bars and in all
absolves them from any liability for their actions. It is sad to see the common middle class
and poor people getting hurt just because the person who has done this to them is a politician
and is thus not liable for his acts. The Constitution of India lays down that to qualify as a
member of Parliament the person has to be an Indian citizen and not disqualified by any act
of parliament. But it is ironic that all the politicians have a track record or a police record and
despite all this hey have been allowed to stand for elections. We have people who have been
indicted for murder and other heinous crimes being allowed to stand for elections.
2. SCAMS IN INDIA
2.1. COMMONWEALTH SCAM
The scams that have been happening in India have triggered a wave of dissidence of and
waves of hostility and disappointment from the people of India. The most recent scam has
been the Commonwealth Games scam that took place in October, 2010. The organizer was
Mr. Suresh Kalmadi who organized the extravaganza which cost up to USD 6 billion. The
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anti-corruption watchdog has identified more than 16 projects with possible irregularities.The
ruling Congress party sacked Suresh Kalmadi, chairman of the organising committee, as
secretary of the party's parliamentary wing. Three of his close aides have been arrested and
local media has said Kalmadi too could be arrested. His homes and offices were raided by the
CBI on Dec. 24. He was dogged by several cases of alleged corruption, including the
purchase of equipment and issuing contracts also the allegations include manipulations of
tenders in the building of stadiums and other games infrastructure, and inflating bills for
equipment such as treadmills and toilet paper rolls.
Several bodies, including the anti-corruption watchdog, the state auditor, the CBI and a
special committee set up by Prime Minister Singh, are probing the allegations. The CBI has
also raided the homes and offices of the Games organizers, part of a probe into USD 21.7
million of misplaced funds.22
2.2. THE 2-G SCAM
Another scam that hit the nation was the Telecom Scam of 2007-08 where the Telecoms
minister of that time Mr. Andimuthu Raja sold the radio spectrum licenses at the market
prices of 2001 to different players in the field such as Reliance, Swan telecoms (now owned
by UAE’s Etisalat) and Unitech, who did not even have sufficient capital and others who had
less experience in the field and genuine players such as Vodaphone and others were denied
the opportunity. It was aRs.1.76-lakh crore scam. The Comptroller and Auditor General of
India's (CAG) also said rules were flouted when the licences were given out. The worst part
is that he was elevated to the rank of a minister despite having separate corruption charges
against him. The opposition asked for a Joint Parliamentary Committee (JPC) to sit to
investigate the charges but unfortunately the government haggled over the said question for a
long time and cost the nation even more money.
Currently the Central Bureau of Investigation (CBI) is investigating allegations of corruption
in the ministry and the government has said it is willing to have the Supreme Court monitor
the probe. The DMK RajyaSabha MP and party chief M Karunanidhi's daughter was arrested
and then sent to Tihar Jail.
22
Nirma Bansal at Hype about Politics on 5th Oct, 2012.
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Another interesting aspect of the whole investigation included the questioning of top lobbyist
Nira Radia, who represents companies like Tata and Reliance Industries, as part of an
investigation into whether money laundering and forex laws were broken when the licenses
were purchased. The PM also had to face the heat as the SC questioned him on giving Raja
anministerial berth despite allegations against him.23
Former Telecoms Minister Andimuthu
Raja was sacked from minister post and after courts direction sent to Tihar jail.24
2.3. ADARSH HOUSING SCAM
Congress party politicians, bureaucrats and military officials have been accused of taking
over land meant to build apartments for war widows. After the story broke in local media the
government sacked the powerful chief minister of western Maharashtra state, who is a
member of the Congress party. The Arabian Sea-facing block with 103 apartments in an
upscale Mumbai district, that is among the world's most expensive pieces of real estate, is
also being investigated for several violation of norms, including environmental and land-use
rules. Apartments were sold for as little as USD 130,000 each, while local media estimated
their value at USD 1.8 million each. Since the scandal broke, the government has effectively
taken back permits allowing owners to occupy the apartments, leading to the disconnection of
water and power supply. The CBI has begun investigating the case.25
In our daily life, most of us must have been a witness to or a victim of the corruption thriving
in some or the other part of the country. It could be in the form of a taxi-driver manipulating
the meter to jack-up the reading or a government officer taking bribery to promptly transfer
your file to the next department or even yourself offering bribe to a traffic police on breaking
a signal. It is only the most evident and direct manifestation of the character of India’s social-
political order—of the domination of the cash-nexus and the complete subordination of
23
Munish Jindal at Money Matters on on 5th Oct, 2012 24
Abhilash Verma at Supersystems in Politics at http://www.supersystems.in/economy/economy4.htm on 5th
Oct, 2012 25
Compiled by C.J. Kuncheria in Political Dealings at http://in.reuters.com/article/2010/12/01/idINIndia-
53273620101201 on 5th Nov,2012
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government at all levels to the dictates of big business. 26
While India now boasts the world’s
fourth largest number of billionaires, 55, three-quarters of the population survive on less than
$2 US per day, and 200 children under the age of five die every hour.27
India is the 87th in
Transparency International's rankings based on perceived levels of corruption.28
2.4. TELGI SCAM
It took place in the year 1991. Mr. Abdul KarimTelgi had mastered the art of forgery in
printing duplicate stamp papers and sold them to banks and other institutions. The tentacles
of the fake stamp and stamp paper case had penetrated 12 states and was estimated at a
whooping Rs. 20000 crore plus. The Telgi clearly had a lot of support from government
departments that were responsible for the production and sale of high security stamps.
Counterfeiter printed fake stamp paper and appointed 300 agents to sell them in bulk to
banks, foreign investors, insurance companies and stock market players, earning around Rs
200 crore a month. The swindle exceeded Rs 43,000 crore and covered 12 states. The Telgi
scandal had political implications; a narco test allegedly revealed the involvement of
Maharashtra political leaders like SharadPawar and ChhaganBhujbal. On June 28, 2007,
Telgi was awarded 13 years of rigorous imprisonment and fined Rs 202 crore. Forty-two of
Telgi's accomplices were also sentenced to six years rigorous imprisonment.29
2.5. SATYAM SCAM
The Satyam Computer Scam is the biggest fraud in the corporate history to the tune of Rs.
14000 crore. The company’s disgraced former chairman RamalingaRaju kept everyone in the
dark for a decade by fudging the books of accounts for several years and inflating revenues
and profit figures of Satyam. The fraud, estimated at USD 1 billion, was India's largest
corporate scandal and was dubbed "India's Enron". With clients abandoning it, shares were
hammered down to near-penny-stock levels. Finally, the company was taken over by the
26
Risha Kumar at World Politics on 5th Oct, 2012 27
By Kranti Kumara and Keith Jones on 26 April 2011
28 Binoy Chowdhary at http://ibnlive.in.com/news/recent-corruption-scandals-in-india/139492-3.htmlon 5th
Oct, 2012. 29
Manish Hosina at Economics of Politics on 5th Oct, 2012
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Tech Mahindra which has done wonderfully well to revive the brand Satyam. It was one of
the biggest IT fraud committed in our nation.
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2.6. BOFORS SCAM
The Bofors scandal is known as the hallmark of Indian corruption. The Bofors scam was a
major corruption scandal in India in the 1980s; when the then PM Rajiv Gandhi and several
others including a powerful NRI family named the Hindujas, were accused of receiving
kickbacks from Bofors AB for winning a bid to supply India’s 155 mm field howitzer. The
Swedish State Radio had broadcast a startling report about an undercover operation carried
out by Bofors, Sweden’s biggest arms manufacturer, whereby $16 million were allegedly
paid to members of PM Rajiv Gandhi’s Congress. Most of all, the Bofors scam had a strong
emotional appeal because it was a scam related to the defense services and India’s security
interests.30
Bofors gun deal 1996 India's purchase of artillery guns from Swedish firm Bofors
in 1986 was rocked by allegations that Rs 64 crore (USD 14.2 million) -- a huge sum then --
was paid as bribes to people close to then prime minister Rajiv Gandhi to swing the deal.
The scandal caused an uproar in parliament, led to a split in the ruling Congress party and the
defeat of Gandhi in federal elections in 1989. Its fallout has stymied India's defense
expansion, with officials for years unwilling to take decisions on purchases that could later be
probed for corruption. Amongst the people probed were the London-based Indian business
family of the Hindujas, who were later acquitted by a court of any involvement. The case has
dragged on for years without any result.31
2.7. THE FODDER SCAM
The fodder scam by the Lalu Prasad government, also known as the “Chara
Ghotala scam”,1996 as it is popularly known in the vernacular language. In this corruption
scandal worth Rs.900 crore, an unholy nexus was traced involved in fabrication of “vast
herds of fictitious livestock” for which fodder, medicine and animal husbandry equipment
was supposedly procured. Over two decades, Bihar ministers and officials colluded to bill the
state treasury over Rs 950 crore to provide feed, medicines and animal husbandry equipment
30
Binoy Chowdhary at http://ibnlive.in.com/news/recent-corruption-scandals-in-india/139492-3.html on 8th
Oct,2012
31 Abhilash Verma at Supersystems in Politics at http://www.supersystems.in/economy/economy4.htm on 7th
Oct, 2012.
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for "vast herds of fictitious livestock". The swindle allegedly involved chief ministers
Jagannath Mishra and Lalu Prasad Yadav, with the latter being sent to jail.32
2.8. SCAMS IN THE JUDICIARY
In July 2008, an investigation found 36 judges were guilty of receiving gifts bought with
money embezzled from the court treasury in Ghaziabad, a satellite town on the outskirts of
the capital. Tens of millions of rupees were siphoned off from the provident funds of
employees by the treasury officer who illegally spent the money on furniture, crockery,
mobiles, laptops, rail tickets, taxi fares and other items for the judges.
2.9. MONEY LAUNDERING
In November 2009, Madhu Koda, the former chief minister of the eastern state of Jharkhand,
was arrested in connection with a corruption investigation. Koda is accused of possessing
assets disproportionate with his income and for alleged money laundering. He is alleged to
have laundered millions of rupees from public coffers during his stint as chief minister of
Jharkhand between 2006 and 2008.33
2.10. CASH FOR VOTES SCAM
There was uproar in India's parliament on 17 March 2011 after a leaked cable from the
whistle-blowing Wikileaks website described how a senior Congress aide showed a US
embassy official "chests of cash" allegedly used to bribe MPs to support the government in a
crucial vote of confidence in 2008. The vote was over a controversial deal between India and
the US which paved the way for India to massively expand its nuclear power capability. The
government's left-wing allies withdrew support, but Congress narrowly survived the vote.
Opposition parties at the time accused the government of offering cash for votes. The
Congress party and all of those named in the cable deny the allegations. The leak came just
days after a new report by consultancy KPMG said that corruption threatened India's growth.
It said that it wasn't simply the daily diet of petty bribes that hold back the economy, but the
huge scams where billions of dollars are allegedly siphoned off by government and industry.
32
Abhilash Verma at Supersystems in Politics at http://www.supersystems.in/economy/economy4.htmon 5th
Oct, 2012. 33
Prakash Minoy at Politics of Legislative Bodies http://in.reuters.com/article/2010/06/30/idINIndia-
49777120100630 on 5th Oct, 2012 at 6:45 PM
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In July 2011, two people - a politician's aide and a political activist – were arrested in
connection with the scandal. The Supreme Court criticized the police for carrying out a
"shoddy probe". A senior MP, Amar Singh, was also questioned after he was accused of
offering to bribe opposition MPs to abstain from the vote. He denies the allegation.34
3. SUGGESTIONS TO CURB THE ISSUE
In June 2002, the Election Commission on the direction of the Supreme Court, issued an
order under Article 324 that each candidate must submit an affidavit regarding the
information of his/her criminal antecedents and assets (both movable and immovable) of self
and those of spouses and dependents as well. But political parties cried wolf, alleging that the
EC and the apex court, were ‘overstepping’ their powers. In 2003, a law was introduced to
prohibit the election of criminals to the legislative bodies. Still, criminals roam free in
parliament and in the state assemblies and the glossing over their criminal backgrounds create
a bigger irony by making law-makers of law-breakers.
According to an estimate, 150 MPs out of the 541 elected MPs in the 2009 general elections
have criminal records, 72 of whom have been charged of serious crimes including murder,
rape, etc. The number of MPs with criminal antecedents was representative of all parties – a
democratic thing ironically – and proportionate to the number of seats of that party. Now
thanks to organisations such as the Association for Democratic Reforms (ADR) and National
Election Watch (NEW) working in the field of electoral reforms for the past few years, the
issue ofelectoral malpractice and the criminalisation of politics have been propped up as
topics of national debate. 35
To discuss the ways and means to curb this ever growing menace of criminalization of
politics, several committees have been established to look into the matter and to suggest
remedies to deal with the same as have been elaborated in the next chapter.
34
Walter B. at BBC at http://www.bbc.co.uk/news/world-south-asia-12769214on 5th Oct, 2012 35
Reena Ahmed at Deccan Herald at http://www.deccanherald.com/content/220856/electoral-reforms-need-
hour.htmlon 5th Oct, 2012.
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CHAPTER IV
REMEDIES TO PREVENT THE CRIMINALIZATION OF
POLITICS
1. INTRODUCTION
India’s democratic system is in essence disillusionment. The only goal we have observed in
this paradoxical system is this unquenchable thirst for political power- the power of the state
or at least to be in the vicinity of that power by any means- fair or foul. Thus, crafty
corruption, deception and degradation of values- moral, ethical and socio-political- are found
throughout the country, consequent upon practicing the democratic system. Threats,
intimidation, rigging, boot capturing, bribing, allurement and murder have become an integral
part of Indian elections.
India is no longer a model for the emerging democracies across the world. Free and fair
elections are essentially hallmarks of an efficient and functional democracy. Our election
system is in a dire need for strategic and systematic improvements. The criminalisation of our
political system has been observed almost unanimously by all recent committees on politics
and electoral reform.
Criminalisation of politics has many forms; the most alarming among them is the significant
number of elected representatives with criminal charges pending against them.36
While the
massive size of the electorate makes holding elections a daunting task, involves the presence
of issues such as booth capturing, intimidation of voters, tampered electoral rolls, large-scale
rigging of elections and other polling irregularities; the proliferation of non-serious
candidates; and the abuse of religion and caste in the mobilization of voters.
36
Background Paper on electoral reforms , Ministry of Law and Justice (GoI) and the Election Commission of
India, December 2010.
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The Vohra Committee37
on “Criminalisation of Politics” was constituted towards the
objective of identifying the extent of the political-criminal nexus and recommend ways in
which the menace can be effectively dealt with. This report contained several observations
made by official agencies on the criminal network which was virtually running a parallel
government. It also discussed criminal gangs who enjoyed the patronage of politicians, of all
parties, and the protection of government functionaries. It revealed that political leaders had
become the leaders of gangs. They were connected to the military. Over the years criminals
had been elected to local bodies, State Assemblies and Parliament. In 1997, the Supreme
Court recommended the appointment of a high level committee to ensure in-depth
investigation into the findings of the N N Vohra Committee and to secure prosecution of
those involved. The report discussed that money power is in essence utilized money power to
develop a network of muscle-power which is used by politicians during elections. Nothing
drives the public to act in a certain way better than the infusion of some fear. Muscle-power
or any other form of intimidation dictates the behavior of the masses. It is a well-observed
fact that the judicial system is constituted to deal with individual offences and crimes. Even
in other countries, organized crime has permeated through levels of the government with
ease. With such a poison spreading through the State system the country, the organized crime
scene has persisted and the legal systems have been unable to tackle it. This scenario exists in
India as well. Mafia syndicates in India have established a nexus with governmental
functionaries and political leaders and have thus been able to operate with impunity. The
Vohra Committee ended on a poignant not, reiterating the fact that there was a vital need to
set up a nodal point for all intelligence and enforcement agencies to tackle the problem of
criminalization of politics.
2. CANDIDATURE AND CRIMINALIZATION – THE LAWS AT PRESENT
Currently, Rule 4A of the Conduct of Election Rules, 1961, prescribes that each candidate
must file an affidavit. Regarding (i) cases, if any, in which the candidate has been accused of
any offence punishable with imprisonment for two years or more in a pending case in which
charges have been framed by the court, and (ii) cases for conviction for an offence other than
any of the offences mentioned in Section 8 of the Representation of the People Act, 1951,
(Hereinafter referred as the R.P. Act, 1951) and sentenced to imprisonment for one year or
more.
37
Vohra Report on Criminalization of Politics, Ministry of Home Affairs, October 1993.
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In addition to this, pursuant to the order of the Supreme Court, the Election Commission on
March 27, 2003, has issued an order that candidates must file an additional affidavit stating
Section 125A of the R.P. Act, 1951 prescribes penalties for withholding or providing
incorrect information on Form 26, which amount to imprisonment of up to six months, or
fine, or both. In its report entitled Proposed Electoral Reforms, 200438
the Election
Commission of India notes that “in some cases, the candidates leave some of the columns
blank…there have been cases where candidates are alleged to have given grossly undervalued
information.”
3. RECOMMENDATIONS
In its report on Proposed Election Reforms, 2004, the Election Commission of India
recommended that an amendment should be made to Section 125A of the R.P. Act, 1951 to
provide for more stringent punishment for concealing or providing wrong information on
Form 26 of Conduct of Election Rules, 1961 to minimum two years imprisonment and
removing the alternative punishment of assessing a fine upon the candidate. It also
recommended that Form 26 be amended to include all items from the additional affidavit
prescribed by the Election Commission, add a column requiring candidates to disclose their
annual declared income for tax purpose as well as their profession. Essentially an amendment
must be made to the R.P. Act, 1951, by inserting a new section 4A after section 4 to make
declaration of assets and criminal cases pending against the candidate part of the
qualifications necessary for membership to the House of the People.
The National Commission to Review the Working of the Constitution39
recommended that
special election benches designated for election petitions only should be formed in the High
Court. The Election Commission has also made a similar recommendation. The Second
Administrative Reforms Commission, in its report “Ethics in Governance”, recommended in
detail that: “Special Election Tribunals should be constituted at the regional level under
article 329B of the Constitution to ensure speedy disposal of election petitions and disputes
within a stipulated period of six months. Each tribunal should comprise a High Court judge
and a senior civil servant with at least 5 years experience in the conduct of elections.”
38
“Proposed Electoral Reforms”, Election Commission of India, 2004
39
National Commission to Review the Working of the Constitution, Ministry of Law and Justice and Company
Affairs, March 2002.
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Section 8 (1) Of the R.P. Act, lists certain crimes and stipulates a disqualification period of 6
years from the date of conviction. In order to deter politicians with a criminal background and
that too with regards to committing heinous crimes, the R.P. Act must be expanded in its
scope. In case a candidate has charges framed against him with regards to offences listed in
S.8 (1) and otherwise, he should be disqualified for a period of six years. However mere
disqualification for a period of time cannot under any circumstance be the final cure. In order
to set aside the political red-tapism and other lacunae, it is only by example that de-
criminalisation of politics can take place. Candidates violating this provision should be
disqualified and political parties putting up such candidates with knowledge of their
antecedents should be derecognized and deregistered. An important submission of many
committees on this matter state that any person convicted for heinous crimes such as murder,
dacoity, rape, smuggling etc. should be permanently disbarred from contesting political
office.
There is an inherent need to supersede the existing judicial hierarchy and establish fast-track
based judicial system vide special courts to accomplish this purpose. This entails a quick-fire
trial within a period of six-months from the framing of charges so as to determine whether a
candidate is qualified to hold office or not, or apply for the post vide public elections.
3.1 NEGATIVE AND NEUTRAL VOTING
The criminalisation of politics, widespread corruption in the system, and use of violence,
voter intimidation, etc. may result in their being no desirable candidates within those
contesting for elections in a particular constituency. There is no system in place and further
compounds the delay as voter decline to be a part of the electoral process and the same
candidates are re-elected from the constituencies again and again.
The Law Commission of India as well as the Election Commission of India have time and
again reiterated the institution of the neutral or negative voting system. This system entails
that the voter has the choice to reject the candidates on the ballot by the selection of “none of
the above”. With the institution of such a system there could be a democratic safeguard and
the proportional share of negative or neutral votes polled could, if sufficient, render the
current election to be null and void and re-election would consequently be taken up.
3.2. BETTER MANAGEMENT AND CONDUCT OF ELECTIONS
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According to the ECI, the size of the electorate for the 2009 elections to the 15th
Lok Sabha
was more than 714 million40
. In quantitative terms such a number is equal to holding
elections for Europe, U.S.A, Canada, and Australia collectively. Rigging of elections have
become a common facet in the Indian political environment.
The electoral process begins with the preparation of electoral rolls. Political parties and
influential persons manage large-scale registration of bogus voters, or large-scale deletions
off “unfriendly-voters”. The Goswami Committee on Electoral Reforms stated that
irregularities in electoral rolls are exacerbated by purposeful tampering done by election
officials who are bought by vested interests or have partisan attitudes.
The National Commission to Review the Working of the Constitution had suggested in 2001,
the creation of an online database maintained by the ECI. Inherently it follows the same
principles as the “Aadhar” or the Unique Identification Cards (UID’s). It involves each voter
possessing their own unique barcode which can be verified at any polling booth by a simple
hand-held device. However this suggestion is riddled with problems in the face of muscle
power and intimidation. In order to combat the threat of physical intimidation of voters or of
those involved in the electoral process, the ECI must be given the power to void the elections
and call for a fresh one to be held.
3.3 ADJUDICATION OF ELECTION DISPUTES
Disputes relating to elections of the State Legislature and Union Legislature are adjudicated
upon exclusively by the High Court(s) before whom election petitions under Section 80 and
80-A of the Representation of Peoples Act, 1951, are filed. Sections 86(6) and (7) of the R.P.
Act, provide that the High Court shall make an endeavor to dispose of an election petition
within six months from its presentation and also as far as practically possible conduct
proceedings of an election petition on a day to day basis. In practice, however, cases
involving election petitions are rarely resolved in a timely manner. According to the report
“Ethics in Governance” of the Second Administrative Reforms Commission, “such petitions
remain pending for years and in the meanwhile, even the full term of the house expires thus
rendering the election petition in fructuous.
40
Background Paper on electoral reforms , Ministry of Law and Justice (GoI) and the Election Commission of
India, December 2010.
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3.4. ELECTORAL REFORMS
The Supreme Court in a judgment in 1997 while hearing Dinesh Trivedi (MP) and Ors. v.
Union of India observed with alarm, the devastating impact of criminals in the diaspora of
politics. It asked the President of India to set up a high level committee in consultation of the
Prime Minister and the Speaker of the Lok Sabha in order to eliminate the criminal nexus
between criminals, politicians, and bureaucrats as inferred in the Vohra Committee report as
well.
Reform is a continuous process. The accomplishment of the modification would depend upon
the operational compliance of the coordination of electoral machinery, the political parties,
the candidates and electorate at all levels. Over the years, the Election Commission has
handled a number of issues and accomplished commendable electoral reforms to fortify
democracy and augment the even-handedness of elections. These alterations are ample and
venerable. Undeniably, the election machinery, under the sponsorship of the EC, justifies its
credibility for organising elections in a free and fair method.
4. CONCLUDING SUGGESTIONS
Criminalization of politics needs a multi-pronged approach in order to be tackled. Mere
institutional implementations have never succeeded in the elimination of any evil. What we
must observe is that criminalization of politics is a deep-seated problem and has permeated
the very core of how Indian politics functions. The creation of one nodal agency cannot strive
to eradicate it. The Election Commission though instrumental still lacks the “death-blow”
style to it inherent powers. Although this organization is not effectively powerless it has been
unable to function as a cohesive unit. Effective controls must be vested into the Election
Commissions hands by the Legislature. The Legislature in itself must create a system so as to
root out the evil from within. Reforming the political process is only the part of the process.
The government machinery must be restructured and reorganized so as to weed out the
criminals from the system.
The citizens themselves should be empowered by Law and shall act upon the undue
intimidation by the “thug-culture” per se. Positive political power needs to be exercised so as
to imbibe within the voting gamut of the population, the power to influence events, resources
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and human behavior to promote overall public good. In India, this positive power is severely
restricted because of the way we designed our governance structure. The present electoral
systems favour entrenched parties and individuals, allowing very little scope for reform. Due
to the feudalistic nature of the political parties, many promising individuals lost in the
quagmire of Indian Politics and hence this discourages the inclusion of promising individuals
in the field of politics. The implementation of the active participation of people, whether or
not backed by a big political party, commencing at the grassroots-level is the need of the
hour. Once, the system has able men within it only then can the structure improve, not vice
versa. Electoral reforms, Legislation and the Judiciary can only play a limited role in the
process. The rest lies in the hands of the inclusion of a comprehensive system of individuals
backed by voters who realize the true worth of their vote. Politics is a shady business and
continues to be. It is understandable for the citizens of this nation to feel disillusioned and
helpless. As the proverb goes “fight fire with fire”, effective legislation is the only key. Harsh
punishments have been a common deterrent for crime and have been effectively utilized in a
majority of countries, i.e. Exemplary punishments with the exception of the death sentences.
Arming the Election Commission of India (ECI), which has been always identified as an
power-less institution, with effective over-riding powers with regards to the conduct of free
and fair elections and other allied affairs is the need of the hour. The prime thrust of running
a democracy lies upon its citizens and not any other entity. With large portions of the present
electorate being illiterate, it is indeed a challenging task imbibing a sense of political fore-
thought in them. However, citizens can only face grave injustice and criminal elements of
their representatives to an extent.
Elections are in essence mere “gutter-fights”, the quintessential example of the traditional and
cruel game of “fight-to-death”. The Election Commission has remained as a passive spectator
through all this. Elections for a sizable part of the voters seems to be a meaningless farce.
Reforms have assisted in cleansing the system to a highly limited extent, however the
scenario stays largely unchanged. Change, radical and extreme change is the need of the
hour.
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BIBLIOGRAPHY
BOOKS
1. Indian Government and Politics, Dr. B.L Fadia, Satiya Bhawan Agra 2012, pg 732
2. 21st Century India: View and Vision, A.P. Thakur and Sunil Pandey, Global Vision
Publication House New Delhi 2009, pg 172
3. The Politics of Corruption The Goodness that failed, ShaShi B Sahai,Gyan Publishing
House New Delhi 1995, Pg 127
4. Politics in India, MM Sankhdhar & Gurdeep Kaur, Deep and Deep Publications 2005
New Delhi, pg 152
5. Article 105, The Constitution of India
6. Chapter III, The Representation of Peoples Act, 1951
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india
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RAJIV GANDHI NATIONAL UNIVERSITY OF LAW || GROUP 4
27
14. www.supersystems.in/economy/economy4.htm
15. ibnlive.in.com/news/recent-corruption-scandals-in-india/139492-3.html
16. www.supersystems.in/economy/economy4.htm
17. www.bbc.co.uk/news/world-south-asia-12769214
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ARTICLES AND REPORTS
1. Background Paper on electoral reforms , Ministry of Law and Justice (GoI) and the
Election Commission of India, December 2010.
2. Vohra Report on Criminalization of Politics, Ministry of Home Affairs, October
1993.
3. “Proposed Electoral Reforms”, Election Commission of India, 2004
4. Background Paper on electoral reforms , Ministry of Law and Justice (GoI) and the
Election Commission of India, December 2010.
5. National Commission to Review the Working of the Constitution, Ministry of Law
and Justice and Company Affairs, March 2002
6. Background Paper On Electoral Reforms, Page 2
7. Background paper on electoral reforms page 4
8. Vohra Committee Report
9. Kuldeep Nayar, “the Vohra Report-Sparing the Culprits” Indian Express, August 7,
1995
10. India Today, November 10,1997, p.34
11. The Hindustan Times, June 27, 1998