corruption 2013

7/28/2019 Corruption 2013

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Corruption


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In 2012, India has ranked

94th out of 176 countries inTransparency International's Corruption Perception Index.


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Agenda

Sources of corruption

Causes of corruption

Existing Infrastructure Jan Lokpal Bill

Solution to the issue

Day-to-day

Transactional,

Prioritisational

Politicians, senior

bureaucrats dipping

into public funds.

National security risks

from corrupt security

forces.

Policy neglect by politicians andbureaucrats as a result of focus

on making money.

Visible

Invisible


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Major Sources of Corruption

Land and Property sale/allocation

Bihar Land Scam (Rs. 400 Cr), Adarsh HousingSociety Scam

Allottment of resources 2G Scam (Rs. 176,000 Cr), Coal Gate (Rs.

185,591 Cr), Iron Ore Mining Scandal

Govt aided programs

MNREGA, JNNURM, PMGSY, NRHM, UPFoodgrain scam, Fodder scam

Tendering process and awarding contracts

Commonwealth scam, DIAL (167,000 Cr)


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Major Sources of Corruption

Income tax collection

Black Market

Approximately $1.4 trillion in black money stored in

Swiss banks. - The Hindu unofficial reportIndia has more black money than the rest of theworld combined. - Swiss Banking AssnReport (2006)

Indian-owned Swiss bank account assets are worth

13 times the countrys national debt. - Unofficialreports

Bureaucracy
http://en.wikipedia.org/wiki/Swiss_bankshttp://en.wikipedia.org/wiki/Swiss_banks


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Causes of Corruption

Lack of penalties for corrupt behavior bypublic officials

Tardy judicial system

Elections and Discretionary powers ofpoliticians

High taxes and excessive regulation

Opaque processes and paperwork Unemployment


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Existing Infrastructure to fightcorruption

1. Anti-corruption bodies

Directorate General of Income TaxInvestigation

Central Vigilance Commission

Central Bureau of Investigation

Certain states like AP and Karnataka also

have their own anti-corrption bodies


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2. Laws Indian Penal Court

Prosecution section of Income Tax Act, 1961

Prevention of Corruption Act, 1988 Prevention of Money Laundering Act, 2002

Right to Information Act, 2005

Whistle Blowers Protection Bill, 2012: The bill is now pendingin its Rajya Sabha.


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3. Anti-corruption organizations Bharat Swabhiman Trust India Against Corruption

Jaago Re! One Billion Votes Association for Social Transparency, Rights and Action

(ASTRA) is an NGO focused on grass-roots work tofight corruption in Karnataka.

One organization, the Lok Satta Movement, hastransformed itself from a civil organization to a full-fledged political party, the Loksatta Party.
http://www.bharatswabhimantrust.org/bharatswa/en/default.aspxhttp://en.wikipedia.org/wiki/Jaago_Re!_One_Billion_Voteshttp://en.wikipedia.org/wiki/Lok_Satta_Movementhttp://en.wikipedia.org/wiki/Lok_Satta_Movementhttp://en.wikipedia.org/wiki/Jaago_Re!_One_Billion_Voteshttp://www.bharatswabhimantrust.org/bharatswa/en/default.aspx


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Jan Lokpal Bill

Also referred to the Citizen's Ombudsman Bill

Focus on creating an independent body to investigate corruption

cases.

To establish a central government anti-corruption institution

called Lokpal, supported by Lokayukta at the state level.

Inspired by the Hong Kong 'Independent Commission against

Corruption'

First introduced by Shanti Bhushan in 1968; has already been

presented 8 times before the parliament.

Government has not put Lokpal bill again in Rajya Sabha post

the winter session in 2011
http://en.wikipedia.org/wiki/Lokayuktahttp://en.wikipedia.org/wiki/Lokayukta


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Key features of proposed bill

Appointment of Members through a transparet & participatory process: by

judges, IAS officers with a clean record, private citizens and constitutional

authorities.

Details of cases to be available on the Webite on a monthly basis

Investigations to be completed in one year. Resulting trials should be concluded

in the following year, giving a total maximum process time of two years.

Losses to the govt by a corrupt individual will be recovered on conviction.

Government office-work required by a citizen that is not completed within a

prescribed time period will result in Lokpal imposing financial penalties on those

responsible, which will then be given as compensation to the complainant.


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Complaints against any officer ofLokpalwill beinvestigated and completed within one month

and, if found to be substantive, will result in theofficer being dismissed within two months. The existing anti-corruption agencies will be

merged into Lokpalwhich will have complete

power authority to independently investigateand prosecute any officer, judge or politician.

Whistle-Blowers who alert the agency to

potential corruption cases will also be providedwith rotection b it.

Key features of proposed bill


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Points of difference between the Proposedand the Govt's version of the Lokpal Bill

Issue The Jan Lokpal Bill Government's LokpalBill

PrimeMinister

PM can be investigatedwith permission ofseven member Lokpal

bench.

PM can be investigatedby Lokpal after she/hevacates office.

Judiciary Can be investigated,though high levelmembers may beinvestigated only withpermission of a sevenmember Lokpal bench.

Judiciary is exempt andwill be covered by aseparate "judicialaccountability bill".

Conductof MPs

Can be investigatedwith permission ofseven member Lokpalbench.

Can be investigated, buttheir conduct withinParliament, such asvoting, cannot be

investigated.


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Issue The Jan Lokpal Bill Government's Lokpal Bill

Lowerbureaucracy

All public servants wouldbe included.

Only senior officers(Group A) will becovered.

Anti-Corruptionwing ofthe CBI

The Anti-Corruption wingof the CBI will be mergedinto the Lokpal.

The Anti-Corruption wingof the CBI cannot bemerged into the Lokpal.

Punishment

for corruption

Lokpal can either directly

impose penalties, or referthe matter to the courts.Penalties can includeremoval from office,imprisonment, andrecovery of assets from

those who benefited fromthe corruption.

Lokpal can only refer

matters to the courts, nottake any direct punitiveactions. Penalties remainequivalent to those incurrent laws.


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Investigatorypowers Lokpal can obtainwiretaps, issue letters,and recruit investigatingofficers. Cannot issuecontempt orders.

Lokpal can issuecontempt orders, andhas the ability to punishthose in contempt. Noauthority to obtainwiretaps, issue rogatory

letters, or recruitinvestigating officers.

False, frivolousand vexatiouscomplaints

Lokpal can issue finesfor frivolous complaints(including frivolous

complaints againstLokpal itself), with amaximum penalty of Rs100,000.

Court system will handlematters of frivolouscomplaints. Courts can

give 25 yearsimprisonment and finesof Rs 25,000 to 200,000.

NGOs NGOs not within thescope due to their rolein exposing corruption.

NGOs are within thescope and can beinvestigated.


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Removal ofLokpal staffand officers

Complaints against theLokpal staff will behandled byindependient bodiesconstituted by retired

IAS, Judicial peopleetc.

Lokpal will conductinquiries into its ownbehaviour.

Lokayukta Lokayukta and other local/state anti-corruption agency

would remain in place.

All state anti-corruptionagencies would beclosed and

responsibilities takenover by centralisedLokpal.

Whistleblowerprotection

Whistleblowers areprotected by Lokpal.

No protection grantedto whistleblowers byLokpal.


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Criticisms of the Jan Lokpal Bill

Naive approach to several issues Lack of clarity on the judicial and

executive powers Extra-constitutional Scope of powers

Divide between the power &responsibilities on side and theResources on the other

Merger of the existing bodies into Lokpal


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Can the problem be solved?

Accounting for political party funds and expenditur

Judicial & Police reforms

Privatization

RTI

Computerization of govt processes

Initiative by private players

Independence of the Anti-corruption wings Income tax reforms

Simplification of the laws, lesser role ofbeureaucracy.

Protection to whistle blowers

corruption 2013

Documents