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Amicus Curiae Report: Criminalisation Of Politics

Criminalisation Of Politics: Amicus Curiae Report


According to data compiled by the Amicus Curiae, a total of 4,984 criminal cases involving legislators were pending in various courts across the country as of 1st December, 2021.

  • The Amicus Curiae was appointed by the Supreme Court for helping the court in setting up special courts to fast-track cases against MPs and MLAs.
  • This trend highlights the increasing instance of criminalization of politics.
  • An amicus curiae (literally, “friend of the court”) is someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, and bearing on issues of the case.
  • The criminalization of politics means the participation of criminals in politics which includes that criminals can contest in the elections and get elected as members of the Parliament and the State legislature.
  • It takes place primarily due to the nexus between politicians and criminals.
  • In this regard, Indian Constitution does not specify as to what disqualifies a person from contesting elections for the Parliament, Legislative assembly or any other legislature.
  • The Representation of Peoples Act 1951 mentions the criteria for disqualifying a person for contesting an election of the legislature.
  • Section 8 of the act, i.e. disqualification on conviction for certain offences, according to which an individual punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended.
  • The law does not bar individuals who have criminal cases pending against them from contesting elections therefore the disqualification of candidates with criminal cases depends on their conviction in these cases.