CRIMINALIZATION OF POLITICS
GS Paper-II
Curriculum: Governance
The Association for Democratic Reforms (ADR) has petitioned the Election Commission of India (ECI) to take punishment against political parties that disobey the Supreme Court’s directive to publish candidate criminal histories.
The Idea of criminalisation of politics is:
The phenomena of people with criminal histories or active criminal cases participating in politics and holding positions of power is referred to as the criminalization of politics.
It denotes the insertion of criminal elements into the political system, putting democratic institutions’ credibility and efficiency at risk.
Politics’ criminalization status:
- An increase in the number of lawmakers facing criminal charges: From 24% in 2004 to 43% in 2019, there were 43% more lawmakers facing criminal accusations.
- As of the first day of December 2021, 4,984 criminal cases involving legislators were pending in various courts around the nation, according to data provided by the Amicus Curiae.
- 159 MPs have significant criminal cases against them in the 2019 Lok Sabha elections, including rape, murder, attempted murder, kidnapping, and crimes against women.
Political criminization’s root causes include:
Causes Examples
Vote bank politics: When candidates and parties use vote-buying and other unethical tactics to win support
In order to gain support and win elections, political leaders keep strong links with criminal forces.
Corruption Politicians who use bribery, embezzlement, and other corrupt methods to further their own interests
Misuse of authority and resources for one’s own gain, which fosters a climate of corruption in politics
Voters prefer caste, religion, or community ties over candidates’ criminal records due to vested interests
Politicians with criminal records are elected on the basis of local concerns rather than qualifications or responsibility.
Use of force, violence, and intimidation to stifle opposition and manipulate elections
Politicians with a history of crime use “goondas” or hired muscle to sway voters and win elections.
Money Power Mafia ties, illicit funding, and the influence of black money on election finance
Politicians purchase votes, rig elections, and maintain their power by using illegal funds
Lack of strict laws and regulations to prevent criminal activity in politics results in weak governance
Election laws are not properly enforced, allowing candidates with criminal backgrounds to run and win
Impact of Political Criminalization:
Impact Description
Candidates with criminal histories winning elections compromises the foundations of free and fair elections, limiting voter choice.
Erosion of Democratic Values
Effective governance is hampered by lawbreakers becoming legislators, which weakens government.
Institutional corruption normalises crime and erodes public confidence in the government.
Increased Criminal Activity Politicians charged with involvement in criminal activity, such as recently murdered former MP Atiq Ahmed of Uttar Pradesh, who was accused of participating in protection rackets or organised crime,
Political conflicts and violence during elections, social unrest and bloodshed brought on by the influence of corrupt politicians
Decline in Public Perception Public disillusionment and a decline in political belief resulted in decreased engagement in the democratic process.
Politicians who engage in illegal activity undermine the rule of law by fostering an atmosphere of impunity.
Diversion of resources for private gain rather than public good is a hindrance to development
Threat to National Security Politicians having ties to terrorist organisations or criminal organisations
Alternatives to the Criminalization of Politics
Aspect Summary
ADR Recommendation ADR suggests permanently excluding those who have been convicted of serious crimes from running for office. ADR has also requested that the ECI reveal a list of parties who have defaulted.
Legal Aspects The Indian Constitution does not include any criteria for criminality-based exclusion.
Section 8 of the Representation of Peoples Act of 1951 prohibits those who have served more than two years in prison from running for office for six years after their sentence has finished.
According to the Law Commission’s 244th report (2014), candidates for crimes punishable by sentences of five years or more should be disqualified if they have charges filed against them at least a year prior to the review of their nominations.
Government Initiative In order to expedite the hearing of criminal cases against MPs and MLAs, the Union government launched a plan in 2017 to establish 12 special courts for a year.
Association for Democratic Reforms v. Union of India (2002), a decision by the Supreme Court, mandates that candidates disclose their financial and criminal histories in addition to their educational background.
According to Lily Thomas v. Union of India (2013), MPs or MLAs who have been found guilty of a crime and given a prison sentence of two years or longer are unable to occupy public office.
Political parties must post information about candidates’ criminal histories on their websites, social media accounts, and publications, according to Public Interest Foundation v. Union of India (2019).
Other recommendations:
- State funding of elections: To eliminate the use of black money and restrict the criminalization of politics, electoral reform committees like the Dinesh Goswami and Inderjeet Committee advocate state sponsorship of elections.
- Stabilising the Election Commission
- Voters should be on the lookout for any election-related misuse of funds, gifts, or inducements and report it.
- Proactive Role of the Judiciary: Sped-up legal proceedings can aid in purging the political system of corrupt and criminal elements. It calls for a system of speedy justice delivery, more aggressive steps from the Election Commission, and required changes to pertinent laws.
- Modifying the Representation of Peoples Act (RPA) of 1951 to bar anybody facing active, serious criminal charges from running for office.
Conclusion:
Democracy and effective government are seriously threatened by the criminalization of politics. It compromises the fundamentals of free and fair elections, jeopardises the character of public officials, stirs up social unrest, and erodes public confidence in the government. For democratic systems to be healthy and function properly, this issue must be addressed.
The ADR:
A group of professors from the Indian Institute of Management (IIM) Ahmedabad founded the Association for Democratic Reforms (ADR) in 1999 to promote election reforms in India.
Prelims
Ethics and politics are frequently believed to be incompatible. What do you think about this? Using examples, support your response. (UPSC 2013)
Origin: TH
RELATIONS BETWEEN INDIA AND AFRICA
GS Paper-II
Bilateral, Regional Groupings, and Agreements Affecting India’s Interests are on the course syllabus.
The type of connection India has with Africa is inextricably related to its growth as a major force in the world.
African-Indian relations – Background
- India has long-standing historical, political, economic, and cultural ties to the continent of Africa.
- India has ties to South Africa’s fight for freedom and justice going back to the time when Mahatma Gandhi launched his Satyagraha movement there.
- India continued to push for the UN, NAM, and other multilateral bodies to include the problem of apartheid on their agendas.
African-Indian relations as of Right Now:
- Promoting cooperation in the development of human resources has been facilitated through India’s Technical and Economic Cooperation Programme (ITEC).
- Relations between India and Africa have improved substantially over the past 15 years, particularly since 2014, although more development is still possible.
- In this backdrop, the “India-Africa Partnership: Achievements, Challenges, and Roadmap 2030” was presented by the Africa Expert Group (AEG), which was founded by the Vivekananda International Foundation.
The following are some of the Partnership’s accomplishments, challenges, and Roadmap 2030 highlights:
- Transitions taking place in Africa: The continent is progressively moving towards regional integration and is committed to democracy, peace, and progress, despite the fact that some nations (such as Ethiopia and Sudan) are still battling terrorism, insurgency, and ethnic bloodshed.
- Increasing competition among foreign powers: The US, China, Japan, Turkey, and the UAE are vying with one another to fortify their ties with Africa in order to secure that
o Access to markets
- Improve mineral and energy security, and
o Expand political and financial influence.
Issues facing India
– No distinct Strategy or Vision
- India’s main priority is not Africa.
- Africa is home to rival powers, such as China, which has had strong and persistent ties with the continent since 2000 and is today its largest commercial partner.
o China is acknowledged as playing the roles of “infrastructure developer,” “resource provider,” and “financier” in Africa.
Suggestions to improve relations between India and Africa:
Cooperative political and diplomatic efforts:
- It should be enhanced by bringing back recurring gatherings of world leaders through the India-Africa Forum Summit (which hasn’t happened since 2015).
- The Indian External Affairs Minister and the Chairperson of the African Union (AU) should begin a new yearly strategic conversation in 2023.
- Establishing agreement among G-20 participants on the AU’s admission as a full participant.
- To better improve the implementation and impact of the African policy, the MEA should appoint a secretary who is solely responsible for African issues.
Collaboration in security and defence
- In order to facilitate defence exports, the government must raise the number of defence missions stationed in Africa, broaden the scope of marine cooperation, and enhance credit lines.
- More can be done to improve collaboration on military and security challenges like counterterrorism, cyber security, and emerging technologies.
collaboration in the economy and development:
- If access to financing is assured through the establishment of an Africa Growth Fund (AGF), the $98 billion in trade between India and Africa in FY22–23 might increase.
- A unique set of actions –
o It has been advised to enhance project exports and foster collaboration in the maritime sector.
- To strengthen S&T cooperation and encourage trilateral cooperation.
Social and cultural harmony
- It should be increased by fostering closer linkages between Indian institutions, think tanks, civil society organisations, and media outlets in a few African nations.
- The best course of action is to establish a national centre for African studies.
- The scholarships offered by ITEC and the Indian Council for Cultural Relations (ICCR) to Africans have to be named after well-known African leaders.
- Student visa policies for Africans should be liberalised, and they should also be granted temporary work visas.
Action Plan:
- A unique method for putting the “Roadmap 2030” into action.
- A Well-Defined Plan for African Development
- Maintain your present emphasis on capacity growth.
- Leverage NGOs and the Indian diaspora as well as civil society organisations in India.
- Encourage private investments that support development
- Projects are completed on schedule
- Address reservations about the Indian academic environment.
- Enhance Africans’ experiences in India
Conclusion:
- In order to meet the needs of a vast continent like Africa, India must form alliances with other nations along the lines of the Asia-Africa Growth Corridor, an accord for economic cooperation between India, Japan, and many African nations.
- Despite having a strong relationship with Africa and a large reservoir of goodwill, India must periodically review its approach there and pay close attention to how it is being carried out.
Prelims:
Consider this statement: “If the last few decades were Asia’s growth story, the next few are expected to be Africa’s.” Then look at India’s influence in Africa recently. (UPSC 2021)
Origin: TH
CLIMATE ADVISORY
Enrichment for Mains Content
The Maharashtra Onion Farmers Group, which has about 2,000 farmer members, uses social media sites and in-person events to discuss regional weather alerts and agricultural adaptation techniques.
The organisation supports farmers by assisting them in planning and preparing for extreme weather events and other effects of climate change. In order to increase climate resilience, they also exchange both old and innovative agricultural techniques. The effort aims to fight the main threat that climate change poses to the livelihoods of small and marginal farmers.
Use this example in a paper about agriculture or the environment.
Author: DTE
HUL DIVAS
Prelims Facts
Hul Divas is a celebration that takes place every June 30 in honour of the tribal chiefs Sidho and Kanhu Murmu who led the Santhal hul (rebellion) on June 30, 1855, in Bhognadih, Sahebganj district (now Jharkhand).
Topic Information
What is the Santhal Uprising?
The Santhal revolt (1855–1856), commonly referred to as the “Hul,” was an uprising by the Santhal people against the British East India Company and the zamindari system. The four brothers who made up the insurrection were Sidhu, Kanhu, Chand, and Bhairav.
Santhals and their Migration The Santhal people moved to the present-day Santhal Pargana from the Bengali regions of Birbhum and Manbhum. As part of their plan to collect taxes, the British moved them to the Damin-i-Koh forest.
The Santhals rebelled against the British because of extortion, repressive extraction, property confiscation, fabricated measurements, and other illegal practises.
Contrary to popular conception, the Hul was a carefully orchestrated and organised political conflict. Guerrilla formations, military teams, detectives, covert bases, supplies, and a network of message carriers for coordination were all part of the preparations. Hindu castes outside the Adivasi community also took part in the uprising.
Women’s Roles Phulo-Jhano, two sisters, headed a force of 1,000 women who were instrumental in the uprising. During the insurrection, the East India Company’s army was beaten twice.
The East India Company declared martial law once the insurrection broke out; it was in effect until January 3, 1856, when it was lifted and the Presidency soldiers put an end to the uprising.
Impact of the Hul The Santhal insurrection served as a catalyst for further uprisings, notably as the Santhal participation in the 1857 mutiny. It served as a symbol of resistance to British colonialism and served as the starting point for later movements in Jharkhand.
Origin: IE
TEJAS
Context: The Tejas Light Combat Aircraft (LCA), an indigenous model, has served the Indian Air Force for seven years.
Light Combat Aircraft (LCA) information
In order to replace outdated Mig 21 fighter jets, the Government of India launched the LCA programme in 1984. To oversee the LCA programme, the government established the Aeronautical Development Agency (ADA) (within the Department of Defence Research and Development).
Aeronautical Development Agency (ADA) created the LCA
Hindustan Aeronautics Limited (HAL) is the manufacturer of LCA.
Features: The smallest, lightest, and most versatile supersonic fighter in its class.designed to transport a variety of precision-guided, air-to-air and air-to-surface weaponry.
Possibility of air-to-air refuelling, unfettered manoeuvrability, multi-mode airborne radar, and self-protection system
4000 kg is the maximum payload capacity.
Mach 1.8 maximum speed.
The plane has a 3,000 mile range.
Tejas Trainer variations: a 2-seater operational conversion trainer used to train pilots for the air force.
LCA Navy: The Indian Navy is equipped with twin- and single-seat carriers.
Phase 2 of the LCA Navy variant is the LCA Tejas Navy MK2.
LCA Tejas Mk-1A: An enhancement over the LCA Tejas Mk1 with more thrust.
The LCA Tejas Mk1 has been updated into the LCA Tejas Mk2. Jaguars, MiG-29s, and Mirage 2000s will be replaced by it. The LCA Mk2 will be propelled by a General Electric GE-414 engine from the United States.
Origin: PIB
CAN A MINISTER BE FIRED BY THE GOVERNOR?
GS Paper-II
Curriculum: Problems & Challenges with the Federal Structure
In the Council of Ministers of Tamil Nadu, a Minister named V. Senthilbalaji was sacked by the state’s governor, RN Ravi, but he later changed his mind, keeping the dismissal order in effect.
Regarding the minister and his termination:
The minister was previously detained by the ED and was subject to serious criminal proceedings in a number of corruption instances.
- He was fired under the justification that he would jeopardise the state’s constitutional machinery by interfering with a fair investigation and other aspects of the due process of law.
Criticism of the governor’s unusual action:
- It would be risky to remove a minister from a government that has an absolute majority in the state assembly without the Chief Minister of the State’s approval.
- It might undermine state governments, endangering the federal government and the entire constitutional order.
Governor’s authority to remove a minister:
According to the Government of India Act of 1935, the Governor has the authority to appoint, summon, decide on their salary, and dismiss Ministers.
What is stated in the Indian Constitution?
- In accordance with Article 164 of the Constitution, the Governor appoints the Chief Minister (CM) without consulting anyone else, and the Governor only appoints individual Ministers after consulting the CM.
- This suggests that the Governor is unable to designate a certain Minister at his discretion.
Therefore, the Governor may only remove a Minister on the counsel of the CM.
Simple logic explains why:
- Only the CM has the authority to select his ministers. He also chooses who will leave his Council as a Minister.
o The CM, who is ultimately answerable to the public, made this political decision.
- The Governor is merely a ceremonial head, and the Constitution does not grant the Governor any autonomous authority over any executive function. B. R. Ambedkar
o Article 163: Unless the Governor is required to exercise his discretion under this Constitution, a Council of Ministers (headed by the CM) shall assist and advise the Governor in the performance of his duties.
- The Government of India statute of 1935 introduced the pleasure doctrine into the Indian Constitution as a legislative statute.
But these terms merely allude to the Governor giving the order of dismissal (but only on the CM’s recommendation).
Judicial Explanation
- The Supreme Court ruled in the case of Shamsher Singh v. State of Punjab (1974) that the President and Governor are the guardians of all executive powers and that they employ those powers in accordance with the counsel of their Ministers (unless in rare circumstances).
- In Nabam Rebia v. Deputy Speaker (2017), the Supreme Court upheld Shamsher Singh’s ruling that the Governor’s discretionary powers are constrained to those set forth in Article 163(1).
o The Court also nullified rulings from the Pratapsing Raojirao Rane and Mahabir Prasad Sharma instances from 1968 and 1999, which had ruled that the Governor might utilise his or her authority under Article 164 without restriction.
In conclusion, it is unconstitutional for the state governor of Tennessee to fire a minister of the TN government without the Chief Minister’s consent.
Prelims: (2019)
The “Principle of Federal Supremacy” and “Harmonious Construction” have arisen as a result of the courts’ decision-making on controversial matters involving the division of legislative authority. Explain. (UPSC 2019)
Prelims: (UPSC 2014)
Which of the following are the Governor of a State’s discretionary powers?
- sending the Indian President a report regarding the implementation of the President’s rule
- Ministers are appointed
- reserving a number of state legislature-passed measures for the president of India to consider
- creating the rules for how the State Government will do its business
Using the code provided below, choose the right response.
- only 1 and 2
- only numbers 1 and 3
- only 2, 3, and 4
- 1, 2, 3 and 4
Ans: 2
Origin: TH