By- Shipra Saloni

• INTRODUCTION

In every democratic order, the legal framework is regarded as the final authority- over individuals, over governments, and over fleeting political will.

It is the backbone that supports justice, promotes equality, and guards basic rights. The designers and guardians of this legal framework are the lawmakers, elected persons exercising legislative power in the name of the people. Their sacred responsibility is to make laws representative of the democratic will of the people and to hold the executive accountable through legal and parliamentary means. However, a disturbing contradiction arises when those responsible for the making and enforcement of the law start to tamper with, abuse, and even break it.

This evolution from legislators to law violators is not only a violation of the public trust but also an attack on the rule of law and the republican ideals of the Constitution. It is a bleak irony—those who took oaths to uphold the Constitution become its very architects for degradation. This risky trend has manifested across party lines and geographies, imperiling the legitimacy of government and the rule of law in the world’s largest democracy. In India, the issue is not new but has grown progressively widespread. Ranging from corruption scandals and political rivalries to criminal charges and abuse of legal institutions, the behavior of some legislators stands in stark contrast to their constitutional mandate. What makes the problem more concerning is the impunity with which many of these acts are being carried out, supported by loopholes in the system, political connivance, and weak enforcement.

This blog explores in depth the increasing trend of lawmakers becoming lawbreakers. It explores the causes rooted in the structure, the political and legal consequences, and how institutional checks and citizen watchdogs can reassert accountability. Finally, it poses a critical question: Can the law still be able to shield the people when its makers refuse to obey it?   

• Understanding the Dual Role of Lawmakers

Legislators, in the case of India, are essentially synonymous with Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). They are political representatives and at the same time a part and parcel of legislative functions: enacting, amending, and repealing laws. As per Article 79 and Article 168 of the Indian Constitution, Parliament and State Legislatures respectively are vested with these law-making functions.

But this power is checked by accountability mechanisms. The separation of powers doctrine—codified in Articles 50 and 121—sees to it that legislature, executive, and judiciary stay within their domains. But this balance is skewed in favor of the legislature and executive when parliamentarians misuse their legislative or executive powers to escape justice.

• From Custodians to Culprits: Abuse of Legislative Power

1. Criminalization of Politics

The most glaring example of politicians becoming criminals is criminalization of politics. According to the Association for Democratic Reforms (ADR), 43% of the Lok Sabha members in the current Lok Sabha have criminal cases pending against them, the charges for which range from corruption and rioting to rape and murder.

The loophole in the law is Section 8 of the Representation of the People Act, 1951, which disqualifies the candidate only on conviction. This delay in the legal process allows for tainted politicians to contest elections and even become ministers.

In Public Interest Foundation v. Union of India (2018), the Supreme Court refused to disqualify such candidates but directed political parties to provide publicity to the criminal background of their candidates. Even then, such compliance is poor and enforcement questionable.

2. Misuse of Executive Power

Power to govern is accompanied by the right to access resources, mastery over bureaucracies, and power over law enforcers. This can easily be abused as misuse of executive discretion. For instance:

• Using police or investigating agencies like the CBI, ED, and Income Tax Department for harassing political opponents.
• Misusing public resources by colluding and awarding contracts to cronies
• Implementing regulations (Article 123 and Article 213) not as temporary emergency measures but as instruments to circumvent legislative deliberation.

A. One such recent example is the abuse of electoral bonds, under which ruling parties were accused of receiving an undue proportion of anonymous contributions, raising serious questions of transparency and quid pro quo.

3. Breach of Parliamentary Privileges

Parliamentary privileges are created to protect legislators from unjustified interference with the performance of their function. The privileges are, however, typically called upon not to protect constitutional function but to hide malpractices. The 2005 Cash-for-Query scandal, where MPs were implicated in bribes for asking questions in Parliament, showed how privileges are utilized for personal interests. The absence of codification of these privileges (in Article 105 and 194) allows for abuse without prompt judicial oversight.

• Consequences of Law Abuse by Lawmakers

When politicians break the law, the repercussions go beyond individual culpability. It creates a breakdown of the system, resulting in:

1. Erosion of Public Trust

Indian people have trust in the Constitution and their elected representatives. In the event of scandals involving corruption, nepotism, or criminality by members of the legislature, democratic legitimacy is eroded. The people begin to believe that politics is a dirty game—dirty, soiled, and irredeemable.

2. Weakening of Institutions

Democracy is supported by the well-being of its institutions—election commission, judiciary, CAG, etc. When the powers in control intrude into appointments, interfere with investigations, or undermine autonomy, these institutions take a hit. The alleged abuse of the Governor’s office to facilitate defections or delay bills is a classic example of institutional subversion.

3. Delegitimizing Legal Processes

Abuse of laws—like sedition laws (Section 124A IPC), the Unlawful Activities (Prevention) Act (UAPA), or preventive detention laws—to suppress dissent turns the law into a tool of oppression. Abuse of law corrodes the proper legal channels and creates a culture of fear.

• Legal and constitutional protection from abuse.

In order to avoid legislators becoming lawbreakers, various checks and balances are offered by Indian law:

1. Judicial Review

The Indian judiciary possesses the power of judicial review as provided under Article 13 and Articles 32 and 226. This enables it to invalidate legislation or executive action discovered to be contrary to the Constitution. The historic judgment in Kesavananda Bharati v. State of Kerala (1973) established the basic structure doctrine, thereby placing limitations on Parliament to amend the Constitution.

• In the same vein, in Maneka Gandhi v. Union of India (1978), the Court declared that arbitrary action by the state contravenes Article 21 and is therefore unconstitutional.

2. Anti-Defection Law: – To avoid political defections, the Tenth Schedule of the Constitution (enacted by the 52nd Amendment, 1985) enunciates the anti-defection law. It disqualifies defected MPs/MLAs, though recent trends indicate that its enforcement is delayed as well as manipulated.

3. Right to Information (RTI) :- The RTI Act, 2005 empowers citizens to seek information from public authorities like legislators and ministries. The act has exposed several scams—ranging from coal allocation to Commonwealth Games—imposing greater accountability. But, alterations weakening the autonomy of Information Commissioners have sparked fears about the potential weakening of transparency. 4. Vigilance and Lokpal Mechanism The Lokpal and Lokayuktas Act, 2013, was meant to create an independent institution to probe corruption among public officials, including MPs. It has been undermined by appointment delays and denial of functional autonomy.

• Recent Developments and Issues

• Selective Enforcement of Legislation: – The most alarming trend is selective justice. Opposition politicians are frequently raided, but never the members of the ruling party. This gives the image of selective politics and governance of vendetta, which erodes the equality before the law principle (Article 14).

• Suppression of Dissent: – When strict laws are used to silence activists, journalists, students, and opposition leaders, it shows that democracy is changing from a system that protects voices to one that punishes them. Imagine being locked up for months or even years without being able to get out on bail while the trial goes on without any proof of a crime. In times like these, the law doesn’t seem like a shield for justice anymore; it seems like a weapon. And the people who are caught in its grip aren’t just names in the news. They’re people whose lives, families, and futures are quietly ruined by a system that was supposed to keep them safe.

• Legislative Bypassing: – Enacting laws without proper debate or deliberation—like with financial bills or ordinances—erodes the democratic process. Repeal of the Farm Laws and the abrogation of Article 370 were criticized for not having proper parliamentary consideration, and therefore there has been criticism of governance performed without popular sanction.

• Reasserting Responsibility: The Path Ahead

1. Accelerating Criminal Trials Against Politicians: – In 2014, the Supreme Court instructed that the trials against MPs/MLAs must be completed within one year of time. But the implementation has been lax. Special fast-track courts are the need of the hour to keep criminals away from the legislative bodies.

2. Electoral Reforms: – The Election Commission should be empowered to disqualify scandal-hit candidates facing serious criminal charges, even before conviction, by way of constitutional amendments. Political parties must be made accountable for issuing tickets to scandal-hit candidates.

3. Institutional Strengthening: – The CAG, Lokpal, and EC must be provided with financial and functional independence. The appointments must be transparent in nature, and the oversight mechanisms must be citizen-oriented, not executive-oriented.

4. Legal Literacy and Civic Engagement: – The best deterrent against power abuse is an informed populace. Legislators can uphold constitutional limits through legal literacy, citizen political participation, and an active civil society.

• Conclusion

 When lawmakers turn into lawbreakers, it’s not just some breach of trust—it’s basically spitting in the face of the Constitution. Like, hello, these folks are supposed to set the bar, not limbo under it. It’s a loud wake-up call that no matter how high-minded the ideals, if you let power run wild, it eats everything. You want a real democracy? Then justice and accountability—yeah, not fear, not playing favorites—those have to be the backbone. Sure, India’s legal system can be slow as molasses and a total pain sometimes, but it’s tough as nails underneath. Honestly, it’s way overdue for the public, judges, reporters, and the whole political crowd to actually walk the talk: nobody gets a free pass. Not even the people making the laws.

• REFERENCES

• https://legislative.gov.in/constitution-of-india
• https://legislative.gov.in/actsofparliamentfromtheyear/representation-people-act-1951
• https://www.indiankanoon.org/doc/476027/
• https://adrindia.org/
• https://prsindia.org/mptrack
• https://main.sci.gov.in/supremecourt/2011/23044/23044_2011_Judgement_25-Sep-2018.pdf
• https://indiankanoon.org/doc/257876/
• https://indiankanoon.org/doc/1766147/
• https://eci.gov.in/
• https://legislative.gov.in/sites/default/files/A2014-1.pdf
• https://rti.gov.in/
• https://www.thehindu.com/opinion/editorial
• https://scroll.in/latest/1013067
• https://thewire.in/tag/electoral-bonds