Politicians, Police and Criminal Nexus: Greatest Threat To The Rule Of Law In India.

 
 
This paper deals with the effect of rule of law in India by politician, police and criminal nexus. The rule of law in modern western tradition began with an emancipator promise but even by mid-nineteenth century in the west law as emancipation was over-ridden by law as regulation and the task through this paper is to rethink and revitalize the emancipator dimension of rule of law. It has been 5o years after independence there is widespread unrest, discontent and conflicts among a large section of the population as well as the people those who are governing them which is leading to the threat to the rule of law in India. Due to this people are losing faith in the system, ability of law enforcement agencies to maintain order and enforce the rule of law, ability of judicial system to provide justice. Seeing all this political system needs readjustment and changes and the agenda for change must ensure stability at the centre, states and lower levels based on the consensus and governance decentralized and people oriented. The main concern of this paper to tell about how to establish the credibility and legitimacy of the state and the institutions, so that the rule of law is being maintained, as because, without governance all other areas are going to suffer.
 
 
In spite of our failures and derailment of the democratic system, India has survived and made progress due to the resilience of its people. The key elements are good governance and credible politics.
 
 
The constitution of India declares that we are a Democratic. Secular and Socialist Republic. The Rule of law governs our country. Equality before law and Equal protection of law is the most fundamental rights conferred on its citizens. We believe in a rule of law is good for everyone and it respects and protects without fear or favor the rights and liberties of every citizen and also provides the setting in which the human spirit can develop in freedom and diversity. We as a nation are proud of being a great democratic nation, guided by a constitution, which declares India to be secular, socialist republic. We are governed by the rule of law. Law is supreme. We are a nation with hypocrites at the helm of affairs and innocent gullible as its subjects. The rule of law, in its most basic form, is the principle that no one is above the law. The principle, which rule of law, follows logically from the idea that truth, and therefore law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will. In India, the meaning of rule of law has been much expanded. It is regarded as a part of the basic structure of the constitution and, therefore, it cannot be abrogated or destroyed even by parliament. It is also regarded as a part of natural justice. The Supreme Court enunciated the rule of law as one of the most important aspects of the doctrine of basic structure[1]. The question is about our compliance with the Rule of Law. Rule of Law can be summoned within three meanings as stated below: -
 
Supremacy of law.
Equality before law.
Predominance of legal spirit.
 
 
POLITICIANS AS THE GREATEST THREAT TO THE RULE OF IN INDIA
 
 
Politicians, devoid of a record of service, sacrifice and a mass base, need money and muscle power to keep their positions of power and to bludgeon their constituency into submission.In our country, there are many innocent people who are held guilty only because of the malicious act of few hypocrites. Politicians have become the refuge of black marketers, corrupt and the means to wield influence and for personal exaltation. It is really difficult to find good candidates during elections. Our leaders are law into themselves. When the Supreme Court comes out with suggestions for election reforms giving the electorate the freedom to know the criminal antecedents of the candidates contesting for elections, the politicians, of all shades including the dogmatic communists join hands to see that such reforms are not accepted. As we can see when elections are being held then they called upon the voters to not to waste their vote and to vote for right candidate in their respective constituency, the constant question asked by the average voters are whom do we vote for? We do not find a single good candidate among the contestants.
 
 
Such is the state of affairs in our country that as on date no right thinking person is willing to risk his life to plunge into politics. In India, our leaders are law unto themselves. In Tamil Nadu, Tamil God Lord Muruga has two wives so do almost all our politician leaders. The prevailing trade of breaking rule of law by the politicians is spreading like cancer. It is nullifying all the constitutional safeguard of democracy; that is it is spoiling bureaucracy by making it partial; it thwarts press; and even threatens judiciary; and thus is destroying the foundation of democracy. The number of political parties in India has been phenomenally increasing but this increase in number is not resulting in the improvement in political standard; nor are more qualified and service-minded persons entering the field of politics. On the contrary, it is a definite indication of political standards going down to abysmal levels. Politician now these days are eager to use their expertise and time for nation building in making them self rich and dominate the officials and law abiding citizens. Politician doesnt promote patriotism and commitment to nation-building rather they indulge themselves perpetuating the differences among the people and make full use of those differences for creating conflicts among them. During the British period Bruisers followed the policy of divide and rule; after that when India became independent, our learned politicians have become past masters of the art of crating groups and inciting them against one other. They want to fish in the troubled waters and when the water is placid, they trouble their selfish ends.
 
 
It is a sad commentary to witness what the politicians of India are involved in. the so-called secular, brigades and the reservationist brigades have done to the governance and administration of India. Political corruption is at the highest levels like the Quattorchhi cover ups, the Nandigram massacres on political grounds, and the lalu yadav fodder scam. Criminalization of politics in India is an extremely serious problem, which has already reached dangerous levels.
 
The main reason for such downslide in political standard is the absence of reasonable restrictions to formation of political parties and admission of members to the political parties, and these things are directly affecting and causing the threat to the rule of law in India.
 
 
 
POLICE AS A THREAT TO THE RULE OF LAW IN INDIA
 
The conduct of the police is an important indicator of the state of governance, and their performance can significantly shape the social well being of nations. What distinguishes, good from bad policing is the commitment to protect the civil and political freedoms of individuals, while helping to create an environment an environment that will maximize the enjoyment of economic, social and cultural rights as well [2]. Overall human and national security is compromised in a global in a global environment often prone to terror without insurgency within. Implanting mechanisms to assure accountability of the police to the public it serves did not become priority, as it should have, which creates direct affect on the rule of law. The police system in India can be characterized as a regime force, which places the needs of politicians or powerful individuals over the demands of the rule of law and the needs of citizens. In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons. It requires the police to uphold the rule of law, ensure safety of citizens, be responsible, accountable and protect democratic values.
 
 
It is painful to say that the activity of the police now these days are meted out against the marginalized sections of the society. The report of the common wealth human right initiative on police accountability reinstates the same in a global context. Almost everywhere, minorities and vulnerable groups such as the poor and women, experience a more crushing weight of police activity [3]. It is well known that the democratic governance would also require that the police force, described as the most visible arm of the states authority [4] , reflects the norms and the ethos that people perceive as aimed at their common good. It was observed in the case [5] that the officers charged with maintenance of law and order can use only that much force as in necessary for disposal of an unlawful assembly and suppression of riot. This principle had emerged from the common law. The police, who are the gate keepers of the mighty criminal justice system and the bureaucracy, who are the dispensers of welfare measures to the society, are at the mercy of politician for their survival. Opinion give by Mr.Arvind Verma in his book [6], voices the same opinion and states that Politicization of police is the price that paid for the democratic function of the country. In comparison with the police system in Canada, the combination of highly diverse population, a liberal rights culture, and decentralized local policing had led to some of the most progressive developments in community policing and local-level accountability. Similarly Arvind Verma, in his book [7]suggests replication of successful models abroad as means to the end of fruitful police reforms. To create no more threat to the rule of law police should accountable to the community and not to their superior officers only. It is disturbing that the police in India resort to such acts of illegal arbitrary detention against the law of the country and even against the standing directions of the Supreme Court since the court had in the past categorically directed the law enforcement agencies to abide by the law or to face severe consequences, these type of incident is yet another case which proves how far the rule of law in India has deteriorated because of the police activity.
 
 
It is being urged that the immediate inquiry into the activity of the police should be made so that their arbitrary action remain under control and they dont break the order of the rule of law which has prevailed in India for so long period. I also urged that immediate relief should be provide if any harm is being done by the unwanted or unlawful activity of the police people.
 
 
CRIMINAL NEXUS AS A GREATEST THREAT TO THE RULE OF LAW IN INDIA
 
Nexus is the term which tells about the means of connection between things linked in series or we can say a connected series or group, so, this can be sum up and said that the criminal activity thrive on wrongdoings and they need someone to keep the police away from their back and heels, so here they required the need of the politician which act as the upper hand to them for supporting them in all type of unlawful activity as they get commission out of it. This activity creates relation between the politician and the criminal and they tougher indulge themselves in causing threat to the rule of law. There are five types of criminal activity :- crime against oneself, or victimless crimes, crime against others, crime among consenting adults, crime against collectives and crime against the international community and world order. Criminal activity defined by Encyclopedia Britannica that the intentional commission of an act usually deemed socially harmful or dangerous. All criminal acts directed against a state along with intended or calculated to create a state of terror in the minds of particular persons or a group of persons or the general public. In case [8] it was observed that the expression criminal activity clearly represents present danger to the country and the rule of law. It needs no emphasis that the rule of law is the antithesis of violence and anarchy. The real risk of the criminal activity can be seen from the fact that during the period from 1994 to 2010 47,399 people are being affected. The sad truth is that many types of crime are considered by people to be normative and common behavior and, thus, go unreported which lead to the increment of the criminal activity in the society which leads to the break of rule of law. In country like India which is considered to be under developing country it is because of the injuries which people incurred it is not being noted down and the so called responsible people of India they make their point to lose the valuable evidence which badly create threat to the rule of law in India
 
 
The basic message that every citizen of this great country should remember is that threat to security and the rule of law posed by terrorism should not give rise to measures which themselves tend to undermine fundamental democratic values, human rights or principle of the rule of law. This message if it will come into effect then it is going to reduce the risk that measures taken with a view to countering criminal activity will themselves fuel new criminal activity or it can even promote terrorism also. This message needs to be understood and accepted in democracies by the public, politicians, media and courts alike. The society should join hand together with the government to fight against criminal activity.
 
 
CONCLUSION
 
It can be concluded and said that there is neither justice to the victims nor fairness to the accused then what kind of Rule of Law are we talking about. When the politician itself indulged the people including public servants just ignore the rule of law, even if it is for acts or omissions which are not difficult to follow or that they should be a part of the normal routine. Everyone is in rush without any kind of concern for the rest. Everyone wants to be first, whether it is on the road or in any other walk of life to carve out short cuts for them to pass through and a psyche to justify their wrongs with a expectation only for others to follow the law and wait for the day when all other subject themselves to the rule of law so that they could follow suit. There is no initiative by the government to check such a breach. It is not the rules which are required for such acts but some norms coupled with awareness will suffice. It can also be compared with the ordinary traffic constable to the man driving a bicycle on the road, the pedestrian to the richest all of us as Indian have one psyche to bend the law, cross the barricades whether it be on the road or in any other walk of life to crave out short cuts for them to pass through and a psyche to justify their wrongs with a expectation only for others to follow the law and wait for the day when all other subject themselves to the rule of law so that they could follow suit. So, it will not be wrong to say that we still are not rules by law and it will be a long wait without an initiative. So, not only the public servants but people should wake up at once and force the political parties to mend their ways so that the criminal activity could also be managed and can be put under control.
 
 
COVER PAGE
Priya Gautam
priyagautam92@gmail.com
Course:- B.SC.LLB (5 Year Integrated Course), 2ndyear ( 3rdsemester)
 
 
 
 
 
 
[1]Keshavanda Bharti v. State of Kerala(1973).
[2]Maja Daruwala and clare double police(Ed), Police Accountability: Too important to neglect, Too urgent to delay, common wealth human right initiative, New Delhi, 2005,p.3
[3]At p.7, chapter 1 of the report mentioned.
[4]Police Overhaul: courts and reforms, economic and political weekly, may 7,2007.p.1584
[5]Hanuman v. State AIR 1969 ALL 130
[6]The Indian Penal Code: a critical evaluation
[7]ibid
[8]Madan Singh V. State of Bihar