While decriminalization of politics is crucial, it is equally important to balance it with principles of justice, fairness, and the presumption of innocence to ensure the elimination of any doubt regarding political persecution of the opposition. In this perspective, discuss the necessity of decriminalization of politics and the challenges therein. Also assess the role of judiciary in furthering the cause of clean politics.

Decriminalization of politics in current scenario as gained importance because according to Association for Democratic Reforms, around 44% of MP in current lok Sabha have criminal background. NECESSITY OF DECRIMINALIZATION: (1) Check on tyranny of executive and legislature. For MP or MLA with criminal background, hinderance in the development. Citizens rights are violated because of such criminal people. (2) Maintenance of trust in the citizens. (3) Decriminalisations of politics ensure trust in citizens.

Effective policies: People with criminal background cannot make effective decisions for the betterment of citizens. (4) Strengthening of democracy. CHALLENGES IN DECRIMINALIZATION: (1) No provision of debarring candidates having any criminal background. (2) Limited powers to ECI for punishing the violators. They can only give warning EC. (3) People citizens are swayed away by the caste and religion tactics used by criminal politicians. (4) Money and muscle power of criminal politician escape them from conviction by judiciary. Example: Chuadhan Singh case. ROLE OF JUDICIARY: Judiciary at time to time has taken step for decriminalization: → ADR vs UOI case: SC in the judgement made it mandatory for candidate to disclose their criminal background, educational qualification so that people can make effective decisions. → PUCL case (2013): NOTA option was issued by the SC so that people do not elect any candidate if they feel is not consider the candidate ineligible. → Common Cause Vs UoI case: Submission of election licenses was made mandatory. → Subramaniam Balgi vs State of Tamil Nadu: ECI is given power to regulate election manifest. → PUCL case (2013): Introduction of VVPAT for transparency. Decriminalization of politics is crucial for healing the true power embodied in legislature and effective for betterment of citizens as well as for country.

— Nancy Singh · AIR 34