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DAILY
CLASS NOTES
INDIAN POLITY
Lecture – 66
Electoral Reforms || Citizenship ||
Amendments
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Electoral Reforms || Citizenship || Amendments
Model Code of Conduct (MCC):
Way Forward:
❖ Hence, we can say that the idea of MCC seems to be a determining factor in ensuring free and fair
elections. So, it should be used accordingly.
Criminalization of Politics:
❖ It means that when a politician uses criminal means to win elections, or has criminal antecedents, it is
called criminalization of politics.
❖ On the other hand, the recent surveys from various elections have depicted that politicization of criminals
is also an important issue.
❖ For example, 43% of MPs in Parliament have criminal cases pending against them.
Factors Responsible For Criminalisation of Politics:
❖ High winability: Candidates with criminal backgrounds often have a higher chance of winning elections due
to factors like name recognition, strong local support, and the ability to mobilize resources effectively.
❖ Prevalence of black money: Illegitimate funds, commonly referred to as black money, are often used to
finance election campaigns. This enables candidates with criminal backgrounds to outspend their opponents,
gaining an unfair advantage in the electoral process.
❖ Allocation of tickets based on winning factor: Political parties sometimes prioritize winnability over the
candidate's criminal background while allocating tickets. Parties may perceive candidates with criminal
connections as having a better chance of securing votes, leading to their selection as candidates.
❖ Delay in the justice system: The slow pace of the justice system allows politicians with criminal cases to
continue participating in politics for extended periods. Prolonged trials and delays in delivering judgments
contribute to a sense of impunity, encouraging criminal elements to remain active in politics.
Effects of Criminalization in Politics:
❖ Reduced Quality of Democracy: When criminal elements enter politics, the overall quality of democracy
suffers. The presence of politicians with criminal backgrounds undermines the principles of
transparency, accountability, and ethical conduct. It erodes public trust and weakens the democratic
institutions and processes.
❖ Decreased Faith in Democracy: The involvement of criminals in politics leads to a decline in people's faith
in democratic systems. The perception that criminals can infiltrate the political sphere and hold positions
of power undermines the legitimacy of the entire democratic process. This can result in voter apathy,
disillusionment, and a sense of alienation among citizens.
❖ Compromised Governance: Criminalization in politics adversely affects the governance of a country. When
politicians with criminal backgrounds are in power, the integrity of civil servants may be compromised.
Bureaucratic institutions and public services may be influenced or manipulated for personal gains, leading to
corruption and inefficiency. This hampers the effective functioning of the government and impedes progress.
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❖ Social Discord: The presence of criminals in politics can exacerbate social divisions and discord. Political
leaders with criminal backgrounds may exploit their positions to incite violence, support illegal activities,
or protect criminal networks. This can lead to an increase in social unrest, crime rates, and a breakdown of
law and order.
Suggestions:
❖ Vohra Committee (1993):
This committee has suggested on criminal-political nexus, that:
➢ Strict enforcement of laws dealing with black money, etc.is crucial for ensuring a fair and just society.
Black money refers to undisclosed income or assets that have been illegally acquired or not reported
to the tax authorities. By enforcing laws pertaining to black money, governments can combat corruption,
tax evasion, and illicit financial activities.
➢ The bureaucrats should be protected and encouraged: Bureaucrats play a vital role in investigating
and prosecuting cases related to black money. They need to be shielded from undue influence, political
pressure, and harassment to carry out their duties independently and fearlessly. Encouragement can
be provided through proper training, adequate resources, and recognition for their efforts in tackling
financial crimes.
➢ People having FIRs for heinous crimes should not be allowed to contest until they are acquitted:
This measure aims to uphold the principles of justice and maintain the integrity of the electoral
process. Allowing individuals charged with serious offenses to contest elections can undermine public
trust and potentially lead to compromised governance.
➢ Transparency in fundraising (example electoral bonds): is essential to ensure the legitimacy of
political financing. Electoral bonds are financial instruments that allow individuals and corporations
to make donations to political parties. The use of these bonds should be regulated and monitored to
prevent misuse and maintain transparency in political funding. This would help curb the influence of illicit
money in politics and promote a level playing field for all participants.
➢ The Supreme Court has held that the trials in such cases should be completed within one year of
the chargesheet: It is aimed at expediting the judicial process and ensuring timely justice. Lengthy trials
can lead to delays, which may undermine the efficacy of the legal system. By setting a time frame, the
Supreme Court emphasizes the importance of swift resolution in such cases, discourages unnecessary
delays, and provides a sense of closure to the victims and the accused.
❖ Dinesh Goswami Committee (1990):
➢ This committee has suggested state funding of elections.
➢ The Supreme Court in 2020 has held that all the cases against legislators should be disposed off by
special courts (special courts are the courts constituted for special purpose).
Other Reforms:
❖ Contesting only from one seat (currently a candidate can contest elections from two seats). If a candidate
contests from two seats and wins from both the seats, one of the seats has to be left which amounts to wastage
of resources in conducting re-election on the left out seat.
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❖ Opinion poll vs Exit polls:
Opinion Polls Exit Polls
❖ Pre poll survey, recorded some 50-60 days ❖ Here vote is recorded after being cast.
before the elections. ❖ Post poll survey, after once it is casted
❖ Voters' view point before elections.
➢ Both of these polls are controversial because they tend to frame unrealistic pictures. But opinion polls
are more problematic because they try to influence the voters.
➢ As of now 16 European Nations have banned opinion polls.
➢ In India, exit polls can only be published once voting in all phases is done.
❖ Awareness creation in voters with regard to their candidate’s backgrounds.
❖ Open and transparent funding through electoral bonds.
Electoral Bonds:
❖ These are promissory notes used to fund the political parties.
❖ They are purchased by the donors anonymously.
❖ They are valid for fifteen days from the date of issue.
Process of Electoral Bond:
❖ It is issued every quarter within first ten days by the bank eg. SBI.
❖ It doesn’t contain the name of the holder.
❖ It can be donated to any political party within 15 days of purchase of the bond.
❖ Once the political party receives it, it will have to deposit in their ECI approved bank deposit.
Eligibility: Can Electoral Bonds be given to any political party?
❖ Section 29 A of RPA 1951 says any registered political party (National or State level), but more than 1% votes
secured by them in Lok Sabha or the Legislative Assembly elections.
❖ Denominations of electoral bonds available are : Rupee 1000/, 10,000/, 1 lac, 10 lakh, 1 crore.
