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Criminalization Of Politics In India: Powers Of Supreme Court And Landmark Cases




Apeksha Rajput, BA LLB (H), Amity Law School, Noida


ABSTRACT


India, perhaps the world's largest and also the most democratic country holding electoral politics, is attempting to nurture criminals in its political machinery. As a result, political criminality corresponds to self-interested participants who use politics or influence and power for pecuniary gain and perhaps other benefits. In another political context, number of crimes has been comprehensively defined as procuring something which may not be really lawful as well as consistent and is punishable, also including securing a specific administrative stance or beginning to rise to a significantly greater level of governance which otherwise is not possible. However, once we grasp the concept, that lobbying powers were and are being in order to gain an unfair advantage by several individuals, but when this is prevalent in the political realm. So, whenever we discover that some individuals used and are using political power to gain special privileges, However, if it occurs, frequently in the democratic sphere, We refer to it as political xenophobia. The rising tide of political stigma is adversely affecting India's democratic solid foundation. Wealth and muscle power are now the sole determinants of an election's economic viability. 185 (34%) of its 542 members of Parliament examined during the 2014 Lok Sabha elections had officially confirmed offences cases and, while 30% had claimed criminal proceedings against themselves, during most of the Lok Sabha elections in 2009. all From the 539 winners in the competition, 2019 Assembly Elections, 233 MPs have announced criminal charges against themselves 43%[1] The interpretation of the term "political criminalisation" pertains to pursuits that undermine India's constitutional foundations and are conducted out by someone with legislative, judicial, or executive power: combating from the popular notion which is bound to political authority. Because a significant number of criminals are involved in wrongdoings in present era, the Election Commission, with Parliament's endorsement, must devise a framework to ensure that violence somehow doesn't play a function in politics. Furthermore, the judiciary one should site ensure that concerns involving ideological offenders are settled when they come before them. The purpose of this paper is therefore to determine the extent to which The Indian system of government, and even the Supreme Court's views on the subject, have been established illegal.


Keywords: Political criminalization, political democracy, impacts, cases, constitutional checks and balances, Supreme Court.

[1] The Hindu, https://journalsofindia.com/sc-judgement-on-criminalization-of-politics/?print=pdf, August 18 2021

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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