DEMOCRACY IS MORE THAN LAWS AND ELECTIONS; it rests on the faith of citizens that their representatives will serve with integrity. Yet nearly half of India’s lawmakers face criminal charges, including serious offences like murder, rape, and corruption.
For the young voter casting her first ballot, this is not just a statistic but a betrayal of trust. Laws are being made by those accused of breaking them. Section 8 of the Representation of the People Act, 1951 was meant to guard against this, disqualifying convicted legislators. But with trials dragging on for years, accused individuals continue to hold power and shape public policy.
In Lily Thomas v. Union of India (2013), the Supreme Court rightly struck down the delay in disqualification after conviction, affirming that probity in public life cannot wait. Yet conviction alone is not enough when justice itself is so delayed. The question is urgent and human: how can people believe in the rule of law when those making the law stand in the dock?
With the 130th Constitution Amendment Bill on the horizon which proposes to usher a regime of accountability for criminality in politics, this explainer dives deeply into where India’s legal regime stands today on political accountability, and whether the new Bill strengthens the framework or merely dilutes constitutional safeguards.
