Criminalization of Politics in Bihar
1. Introduction: Meaning and Nature of Criminalization of Politics in Bihar
Criminalization of politics in Bihar refers to the increasing participation and influence of individuals with criminal backgrounds in electoral politics and governance. It includes two interlinked processes: criminals entering politics to gain power and protection, and political parties patronising such individuals for electoral gains. Bihar’s history of weak law enforcement, social fragmentation, and intense electoral competition has made this phenomenon particularly visible.
In Bihar, candidates facing charges related to murder, kidnapping, extortion, and serious violence have often contested and won elections. According to data compiled by the Association for Democratic Reforms (ADR), a large proportion of elected representatives in Bihar’s Legislative Assembly have declared criminal cases, many involving serious offences. Over time, this trend has normalised the presence of criminal elements in democratic institutions, weakening public trust. Thus, criminalization of politics in Bihar is not an isolated issue but a structural challenge affecting governance, rule of law, and democratic ethics.
According to Association for Democratic Reforms (ADR) analysis of affidavits:
- 163 out of 243 MLAs (around 67%) elected in the 2020 Bihar Assembly election had criminal cases against them.
- This was an increase from 58% in 2015, showing a rising trend in the criminalization of politics in Bihar.
- 102 MLAs (around 42%) had serious criminal cases, including: Murder (IPC 302), Attempt to murder (IPC 307), Kidnapping and Crimes against women
- Bihar ranked among the top states in India in terms of percentage of legislators facing serious criminal charges.
2. Reasons for Criminalization of Politics in Bihar
Weak Criminal Justice System and Low Conviction Rates
One of the primary reasons for criminalization of politics in Bihar is the weak criminal justice system. Investigation delays, poor prosecution, and extremely low conviction rates reduce the fear of punishment. According to NCRB data, conviction rates in serious crimes in Bihar remain low compared to the number of cases registered. Many criminal cases against politicians remain pending for years, sometimes decades, allowing accused individuals to contest multiple elections without legal consequences.
Electoral Winnability and Party Compulsions
Political parties in Bihar often prioritise winnability over integrity. Data from the Association for Democratic Reforms (ADR) shows that candidates with criminal cases often have a higher success rate than candidates without criminal backgrounds. In the Bihar Assembly elections, candidates facing criminal charges frequently won due to their ability to mobilise votes through money power, caste influence, and muscle power. This encourages parties to field such candidates repeatedly.
Caste-based Mobilisation and Social Insecurity
Bihar’s deeply entrenched caste structure contributes to the criminalization of politics in Bihar. In many areas, criminal leaders are seen as protectors of caste or community interests. Due to weak state presence at the grassroots, people often rely on strongmen for dispute resolution, protection, and access to resources. This social acceptance normalises criminal leadership in politics.
High Cost of Elections and Use of Illicit Money
Elections in Bihar are expensive, and legal funding channels are limited. Candidates with access to illegal wealth—often generated through criminal activities—gain an advantage. This creates a vicious cycle where crime finances politics and political power, in turn, provides protection from law enforcement.
3. Effects of Criminalization of Politics in Bihar
Erosion of Rule of Law and Institutional Autonomy
The criminalization of politics in Bihar weakens the rule of law. When legislators themselves face serious criminal charges, police and administrative officials hesitate to act impartially. This leads to selective enforcement of law and politicisation of institutions, undermining constitutional governance.
Poor Quality of Governance and Policy Distortion
Criminal politicians often prioritise personal, factional, or illegal interests over public welfare. This results in:
- Misuse of public funds
- Patronage-based development
- Neglect of long-term reforms
Empirical studies and governance reports have linked criminalisation with lower development outcomes and poor service delivery.
Decline in Democratic Ethics and Public Trust
Repeated election of candidates with criminal backgrounds normalises unethical behaviour in public life. Voters gradually lose faith in democratic institutions, leading to political apathy and cynicism. This weakens the moral foundation of democracy in Bihar.
Deterrence of Honest Leadership
The prevalence of criminal politicians discourages educated, ethical, and professional individuals from entering politics. Fear of violence, intimidation, and character assassination creates a hostile environment for clean candidates, shrinking the pool of quality leadership in Bihar.
4. Measures to Curb Criminalization of Politics in Bihar
Speedy Trial through Fast-Track Courts
Fast-track courts should be established to try cases against MPs and MLAs within a fixed time frame. The Supreme Court has repeatedly stressed the need for time-bound disposal of criminal cases involving legislators. Faster trials will act as a strong deterrent.
Stricter Disqualification Norms
Currently, disqualification occurs only after conviction. Reforming the Representation of the People Act to disqualify candidates once charges are framed for serious offences (with safeguards against misuse) can significantly reduce criminal entry into politics.
Accountability of Political Parties
The Supreme Court has directed political parties to publicly disclose reasons for selecting candidates with criminal backgrounds. Strict enforcement of these directions by the Election Commission can pressure parties to reform candidate selection practices.
Police and Judicial Reforms
Strengthening police independence, witness protection mechanisms, and prosecution capacity is essential. Without institutional reforms, legal measures alone cannot curb the criminalization of politics in Bihar.
Voter Awareness and Electoral Ethics
Increasing voter awareness through campaigns, disclosure of criminal records, and civic education can influence voting behaviour. Evidence shows that informed voters are more likely to reject criminal candidates, especially in urban and semi-urban areas.
5. Conclusion
The criminalization of politics in Bihar is a deep-rooted challenge that threatens democratic governance, rule of law, and public trust. While socio-economic conditions and political compulsions have allowed this phenomenon to persist, it is neither inevitable nor irreversible. Legal reforms, judicial efficiency, political will, and informed voter participation are essential to break the cycle. Only by restoring ethical standards in politics can Bihar strengthen its democracy and ensure governance that truly serves the public interest.
BPSC Mains Practice Questions (Criminalization of Politics in Bihar)
Q1. “Criminalization of politics and politicization of criminals have become mutually reinforcing processes in Bihar.” Analyse the statement with suitable data and examples.
Q2. Discuss the major causes responsible for the criminalization of politics in Bihar. How does it affect governance and the rule of law?
Q3. Using recent election data from Bihar, examine the extent of criminalization of politics and suggest effective measures to curb this trend.
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