At last, there is a serious attempt in the country to rid the political system of criminals. The initiative has come not from political leaders who preach moral values and ethics from the pulpit of high moral ground but from an active judiciary.
On November 1, the Supreme Court asked the Central government to set up special courts to try political leaders, including members of Parliament and legislatures, involved in criminal cases, and dispose of the cases within one year.
Interestingly, the apex court order came on the day when the Election Commission of India had sought a permanent ban on convicted lawmakers from contesting elections. Now, if they are proved guilty, they face only a six-year ban.
When put together these two moves –the expeditious disposal of cases by special courts exclusively dealing with political criminals and a life ban on those convicted – could make a qualitative difference in the country’s public life. It’s fact that money and muscle power play a pivotal role in elections from panchayat to Parliament. Over the years, the nexus has only strengthened, making the corrupt system a mockery of the ‘largest democracy in the world.’
Before and after every election, honest citizens and a few NGOs cry hoarse about criminal background of public representatives and if any cases are filed against them, it takes ages for courts to decide on the cases. In such a scenario, the Supreme Court move for fast-track courts is welcome. But the major hurdle remains the staggering number of cases pending with courts and the acute shortage of judges. Can the courts afford to spare one or two judges for the special courts even if they are set up? The apex court, of course, has asked the Centre to place before it the government’s action plan. The court has also sought details of 1,581 cases involving lawmakers (MPs as well as MLAs) as declared by them in their nomination papers during the 2014 elections and how many of the cases have been disposed of within one year as per the apex court’s direction given in 2014.
The point not to be missed is the Supreme Court has done what the Parliament and mainstream political parties should have done long ago in public interest. But, the way our democratic polity works, no party is interested in cleansing the system for fear of losing power. Now, will the SC’s historic attempt to make the lawmakers throw out the tainted help clean a corrupt political system? Even if it doesn’t help much, a beginning has been made which should serve as a warning to those who want to enter public life with criminal background in 2019.
Against this background, if we look at the record of the two Telugu states that are gearing up for Assembly polls in less than two years from now, it’s no better than the traditionally tainted states.
According to the Forum for Good Governance, every third legislator in Andhra Pradesh and Telangana has a criminal record. The data published in a national newspaper has shown while AP has 60 MLAs, Telangana has 39. In the case of parliamentarians, TDP and YSR Congress have four members each.
In July this year, the AP government had withdrawn 23 criminal cases against ministers, MLAs and MLCs, all belonging to the ruling Telugu Desam party. Some of the charges levelled against these leaders may be frivolous. But some others are too serious to ignore. Still, Chief Minister Chandrababu Naidu had brushed off the objections and wiped their slates clean.
When lawmakers turn lawbreakers, no amount of legal prodding can set things right. Change has to come either through within or through vote. Neither is possible in the near future.