Decriminalising Indian Politics: Synchronising Democratic Probity and Fairness in India’s Electoral Set-Up

Archisa Ratn and Atharva Dwivedi contend that India’s legal framework for preventing political criminality is flawed and inadequately applied. The authors critically examine Sections 8 and 11 of the Representation of the People Act, 1951 (RoPA), which disqualify convicted individuals from holding public office. By tracing the legislative history, the paper argues that the provision’s broad language and rigid application, specifically the two-year sentence threshold, fail to distinguish between serious crimes and minor, politically motivated offenses. Using the disqualification of Rahul Gandhi as a prime example, the article asserts that these provisions are susceptible to misuse, creating an arbitrary and unconstitutional legal landscape. The authors conclude by proposing legislative reforms that balance the need for ethical politics with fairness, advocating for a more nuanced approach that considers the nature of the crime rather than simply the length of the sentence.

CALJ Volume 9 Issue 2 Articles (1).pdf

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