CRIMINALISATION OF POLITICS IN INDIA: A CRITICAL LEGAL ANALYSIS OF ELECTORAL DISQUALIFICATIONS AND JUDICIAL INTERVENTIONS

  • Unique Paper ID: 207191
  • Volume: 13
  • Issue: 3
  • PageNo: 16-27
  • Abstract:
  • The criminalization of politics in India is a severe danger to democratic government. This research paper provides a critical analysis of its development from the era of “muscle power” in the 1970s until the current state of affairs wherein crime and politics are combined. The paper takes an approach of doctrinal and analytical research by reviewing the following primary sources of law – Articles 102 and 191 of the Constitution of India, Section 8 of the Representation of the People Act, 1951, important Supreme Court cases (ADR, PUCL, Lily Thomas), and relevant reports (Vohra Committee). In particular, the analysis of these sources shows how the high cost of elections, “winnability” criteria, illegal funding of elections, and caste considerations prompt political parties to put forward candidates with a criminal background. Though some judicial pronouncements helped increase the level of accountability and took away some statutory safeguards for corrupt politicians, judicial delay and legislative stagnation have been not tackled successfully so far. The paper demonstrates that the conviction-based disqualification system does not work properly because of the inefficiency of the judiciary.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{207191,
        author = {Hanumant Waghamode},
        title = {CRIMINALISATION OF POLITICS IN INDIA: A CRITICAL LEGAL ANALYSIS OF ELECTORAL DISQUALIFICATIONS AND JUDICIAL INTERVENTIONS},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {13},
        number = {3},
        pages = {16-27},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=207191},
        abstract = {The criminalization of politics in India is a severe danger to democratic government. This research paper provides a critical analysis of its development from the era of “muscle power” in the 1970s until the current state of affairs wherein crime and politics are combined. The paper takes an approach of doctrinal and analytical research by reviewing the following primary sources of law – Articles 102 and 191 of the Constitution of India, Section 8 of the Representation of the People Act, 1951, important Supreme Court cases (ADR, PUCL, Lily Thomas), and relevant reports (Vohra Committee). In particular, the analysis of these sources shows how the high cost of elections, “winnability” criteria, illegal funding of elections, and caste considerations prompt political parties to put forward candidates with a criminal background. Though some judicial pronouncements helped increase the level of accountability and took away some statutory safeguards for corrupt politicians, judicial delay and legislative stagnation have been not tackled successfully so far. The paper demonstrates that the conviction-based disqualification system does not work properly because of the inefficiency of the judiciary.},
        keywords = {crime, politics, election, electoral finance, criminality},
        month = {August},
        }

Cite This Article

Waghamode, H. (2026). CRIMINALISATION OF POLITICS IN INDIA: A CRITICAL LEGAL ANALYSIS OF ELECTORAL DISQUALIFICATIONS AND JUDICIAL INTERVENTIONS. International Journal of Innovative Research in Technology (IJIRT), 13(3), 16–27.

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