Corruption in India Flashcards
What is the Context?
The Prime Minister of India, in his 76th Independence Day address, targeted the twin challenges of corruption and nepotism and raised the urgent need to curb them. Also, Corruption Perception Index (CPI) 2023 was released by Transparency International.
Overall, the index shows that control of corruption has stagnated or worsened in most countries over the last decade. India Corruption Perceptions Index was 40 index points in 2023.
What is Corruption?
Corruption is dishonest behaviour by those in positions of power. It starts with the tendency of using public office for some personal benefit.
Moreover, it is unfortunate that corruption has, for many, become a matter of habit. It is so deeply entrenched that corruption is now considered a social norm. Hence, corruption implies the failure of ethics.
What are the Reasons Behind Corruption in India?
Lack of Transparency
Weak Institutions and ineffective legal frameworks
Political Interference
Cultural Factors
Lack of Whistleblower Protection
Social Inequality
What are the Reasons for the Prevalence of Corruption in Civil Services?
Politicisation of Civil Services
Lower Wages
Administrative Delays
Colonial Legacy of Unchallenged Authority
Weak Enforcement of Law
What are the Legal and Regulatory Frameworks for Fighting Corruption in India?
Legal Framework:
Prevention of Corruption Act, 1988 provides for penalties in relation to corruption by public servants and also for those who are involved in the abetment of an act of corruption.
Amendment of 2018 criminalised both bribe-taking by public servants as well as bribe-giving by any person.
Prevention of Money Laundering Act, 2002 aims to prevent instances of money laundering and prohibits use of the ‘proceeds of crime’ in India.
The Companies Act, 2013 provides for corporate governance and prevention of corruption and fraud in the corporate sector. The term ‘fraud’ has been given a broad definition and is a criminal offence under the Companies Act.
The Indian Penal Code, 1860 sets out provisions which can be interpreted to cover bribery and fraud matters, including offences relating to criminal breach of trust and cheating.
The Benami Transactions (Prohibition) Act, 1988 the Act precludes the person who acquired the property in the name of another person from claiming it as his own.
Regulatory Framework:
Lokpal and Lokayuktas Act, 2013: It provides for an establishment of a Lokpal (centre) and Lokayuktas (state).
They perform the function of an “ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters.
Central Vigilance Commission: Its mandate is to oversee the vigilance administration and to advise and assist the executive in matters relating to corruption.
Criminal Law (Amendment) Act, 1952: The punishment specified under Section 165 of IPC was enhanced to three years instead of the existing two years.
Amendments in 1964: The definition of ‘Public Servant’ under the IPC was expanded. The definition of ‘criminal misconduct’ was expanded and possession of assets disproportionate to the known sources of income of a public servant was made an offence.
What are Nolan Committee Recommendations on Standards in Public Life and Prevention of Corruption?
Nolan Committee in 1995 in United Kingdom outlined Seven Ethical and Moral values to be incorporated by the Public functionaries, Officials, Civil Servants, Bureaucrats, Civil Society and Citizens in order to weed out corruption:
Selflessness:
Integrity:
Objectivity:
Accountability:
Openness:
Honesty:
Leadership:
What are the Recommendations of the Second ARC to Tackle Corruption?
The Second Administrative Reforms Commission (2nd ARC), an advisory body in India, made several comprehensive recommendations to address the issue of corruption and improve the integrity and efficiency of the public administration. These recommendations aim to prevent corruption and enhance transparency and accountability in government operations. Here are some of the key recommendations made by the 2nd ARC:
Strengthening Anti-Corruption Measures:
Whistleblower Protection Act, 2014: The 2nd ARC recommended amendments to the Whistleblowers Protection Act to enhance protection and incentives for whistleblowers. This includes safeguarding them from harassment and providing financial rewards.
Central Vigilance Commission (CVC): The 2nd ARC recommended strengthening the CVC’s role in preventing and combating corruption by giving it more independence, resources, and authority.
Central Bureau of Investigation (CBI): The commission suggested measures to ensure the CBI’s autonomy and effectiveness in handling corruption cases.
Reducing Discretion:
Standard Operating Procedures (SOPs): The 2nd ARC recommended the development of clear SOPs for government processes and services to minimise the discretionary powers of officials. This reduces the scope for corruption and arbitrary decision-making.
Use of Technology:
Police Reforms:
Police Accountability:
Community Policing:
Code of Ethics:
Citizen Charters:
Public Awareness Campaigns:
Media and Education:
Strengthening Parliamentary Oversight:
E-Governance and Digitalization:
Digital Transformation:
