Even though the records show that every fourth member of the Lok Sabha has a criminal record with cases ranging from murder to cheating, the existing statutory provisions fall short of meeting the not-so-new challenge to Indian democracy—criminalisation of politics. Being largely silent on the issue of the so-called “tainted” legislators, the existing provisions testify perhaps to the value that the constitutional fathers placed on representatives of the people.

Today, everybody across political lines accepts that the increasing role of crime and corruption is an unfortunate reality in society and politics. Faced squarely with a situation where the ruling dispensation has 36 MPs with a criminal background, of whom two are in jail, the Supreme Court has taken upon itself the task of cleaning up the body politic. In the ruling UPA, 15 Congress MPs, 10 from the RJD and five NCP MPs have cases against their names. The Opposition is no better: of the NDA’s 37 MPs with criminal antecedents, 26 come from the BJP. The Samajwadi Party and BSP too have18 such MPs.

“Having referred one such petition filed by Manoj Narula to the Constitution Bench, certain definite answers will emerge and that will undoubtedly change the face of Indian politics,” hopes senior advocate Rakesh Dwivedi, amicus curiae in the matter.

As the primary step, the court had invited the views of all the states on politicians with criminal cases pending against them. Only eight states have responded.

Bihar: Asking the judiciary to “step in” to provide a solution till legislation on the matter is enacted, the Bihar government strongly proposed that debarment should begin only with a court of law framing charge against the accused. Ideally speaking, the government said, “only those of unblemished character should be allowed to hold any public office.”

... contd.