The Supreme Court does CLEAN-UP ACT

In a ‘landmark judgment’, the Supreme Court of India has said people convicted of crime cannot hold parliamentary positions.

The ruling is indeed a milestone in the country’s political history since there are quite a lot of corrupt and convicted politicians holding offices and important parliamentary positions in India. This is probably one of the many characteristics the countries politics is wrongly known for.

This judgment broadly states that a person cannot fight the Lok Sabha or assembly elections from jail even if not convicted, the Supreme Court has ruled, signaling an end to the practice of politicians contesting polls from behind bars awaiting trial.

Though legislation in India pertaining to convicted lawmakers was more or less the same, that is, the politicians found guilty of a crime were allowed to stay as long as their cases were pending in courts. The different clause this time around is that they can't stay on regardless of appeals to higher courts which is a good step since many politicians in India use their influence and ‘resources’ to constantly keep the appeals alive.

While According to a report out of the 4,835 MPs and MLAs in the country, 1,448 are facing criminal cases. This staggering figure is the highest in the world.

The ruling, which spells more trouble for the political class in an election year, may be yet another check on criminalisation of politics but has the potential to be misused. Political rivals, especially the ruling party or combine, can target each other in the run-up to elections.

Corruption cases mostly don’t even enter the judicial system in India. Even if they make it, the entire process is incredibly slow. Sometimes the documents get lost, witnesses change their statements or complainants withdraw their allegations over death threats.

Apparently this particular ruling passed by the Supreme Court will not allow the corrupt politicians to prolong the cases filed against them. They will not be able to buy time to complete their term in office which is great for the people and will definitely help to clean up the political system but only if the legislation is actually used.

The Election Commission has, in its reports from time to time, been seeking amendment of the law for removal of the incumbent advantage to elected MPs and MLAs convicted of various offences.

But political parties have been resisting change on the ground that ruling dispensations bring false charges to keep rivals out of election process. The political class has welcomed the verdict the Supreme Court verdict.

Yet the fact that a cleansing of the political system was long overdue cannot be denied. This might be a signal to political parties themselves to develop their own internal checks.

The Supreme Court has only made an effort to check the creep of criminality in the legislatures as there has been progressive erosion of public trust of politicians, reinforced by the widespread belief that nothing will set right the political system in control of corrupt politicians. Amidst this cynicism, the Supreme Court’s judgment is a beacon of hope. The right way forward is surely for the top court to devise and enforce procedures that ensure quick, time-bound justice.