CORRUPTION ISSUES IN INDIACORRUPTION ISSUES IN INDIA

presented by

Dr. G.K. Goswami, IPS

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CorruptionCorruption

The habit is as old as the civilizationThe habit is as old as the civilization

It has variable connotations as per society.It has variable connotations as per society.

But financial matter and integrity are main But financial matter and integrity are main concern for corruption in legal terms.concern for corruption in legal terms.

It’s a global phenomenon and is a relative It’s a global phenomenon and is a relative term. Probably no one can claim himself to term. Probably no one can claim himself to be absolute honest in absolute term.be absolute honest in absolute term.

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Definitions

Bribery : An offer of money or favors to influence a public official.

Nepotism: Favoritism shown by public officials to relatives or close friends.

Fraud: Cheating the government through deceit.

Embezzlement: Stealing money or other government property.

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Administrative Corruption: Corruption that alters the implementation of policies,

such as getting a license even if you don’t qualify for it

Political Corruption: Corruption that influences the formulation of laws,

regulations, and policies, such as revoking all licenses, and gaining the sole right to operate the beer or gas monopoly.

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India has its own traditions of India has its own traditions of nomenclature for corruptionnomenclature for corruption

utjkukutjkuk

’’kqdjkukkqdjkuk

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tcjkuktcjkuk

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Constitutional ProvisionsConstitutional Provisions

Police: Subject in the ‘State List’. Any criminal offence

committed in a State can only be investigated by the agencies of state govt.

Criminal law: A subject matter in ‘Concurrent List’ enabling both the

Central & State governments to legislate. Consequently the Central Govt. Agencies have to take

concurrence of the State Government for investigating a corruption related offence.

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Prevention of Corruption Act, 1987

Do existed earlier, but revised in 1987

Wider definition of public servants

In case of conviction, imprisonment from 6 months to 7 years

Any one with assets disproportionate to his income commits ‘criminal misconduct’.

Members of legislatures are covered, through P.V. Narsimha Rao Vs. CBI case as they are considered public servant under section 21 IPC by the Supreme Court.

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Central Agencies to deal corruptionCentral Agencies to deal corruption

Central Vigilance Commission (CVC)

Central Bureau of Investigation (CBI)

Chief Vigilance Officers (CVO s) in various ministries and organizations

Service Conduct Rules

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StateState Agencies to deal corruption Agencies to deal corruption

Anti- corruption wingAnti- corruption wing

Vigilance departmentVigilance department

ISSUESISSUES

1- 1- At Public LevelAt Public Level

Lack of awarenessLack of awareness

Cumbersome process for lodging complaintCumbersome process for lodging complaint

Apathetic attitudeApathetic attitude

Fear for more harassment Fear for more harassment

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2- At Government Level2- At Government Level LLack of political willack of political willFavoritism, nepotism and other issuesFavoritism, nepotism and other issuesState concurrence to refer cases for investigation to central State concurrence to refer cases for investigation to central investigation agenciesinvestigation agenciesNeed of Prosecution sanction u/s 197 Cr.P.C. at government Need of Prosecution sanction u/s 197 Cr.P.C. at government levellevel

3- At Investigation Agencies level3- At Investigation Agencies levelPoor infrastructure of investigating agenciesPoor infrastructure of investigating agenciesSlow process of investigation Slow process of investigation Lack of professional competencyLack of professional competency Need more functional autonomyNeed more functional autonomy

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4- At Adjudication Level4- At Adjudication Level

Over burden of casesOver burden of cases

lack of adequate judges, public prosecutors and other lack of adequate judges, public prosecutors and other resourcesresources

lack of professional competency especially in lack of professional competency especially in technically complex casetechnically complex case

Tendency of adjournment in trialTendency of adjournment in trial

Need for special well equipped fast track courts Need for special well equipped fast track courts

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Lokpal (Ombudsman)Lokpal (Ombudsman)

The word The word LokpalLokpal was coined in 1963 by L.  was coined in 1963 by L. M.Singhvi, a Member of Parliament during a debate M.Singhvi, a Member of Parliament during a debate in in Parliament about grievance redressal  about grievance redressal mechanisms.mechanisms.

The Lokpal bill was first introduced by Shanti Bhushan in 1968 and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, Lok Sabha was dissolved and the bill lapsed.

The Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, but none of them passed. 

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Lokpal at centre and Lokayuktas at Lokpal at centre and Lokayuktas at States levelsStates levelsNo Lokpal since 1969No Lokpal since 1969

Few States have Lokayuktas but its Few States have Lokayuktas but its constitution is optional to the Stateconstitution is optional to the StateLokayuktas report to the State government, Lokayuktas report to the State government, need to report the State Assembliesneed to report the State Assemblies

Lokayuktas are appointed mainly on the Lokayuktas are appointed mainly on the choice of Government though leader of choice of Government though leader of opposition remain there but in minority.opposition remain there but in minority.

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Issues DEBATABLEIssues DEBATABLE

Complete autonomyComplete autonomy

Selection Procedure including removal / impeachmentSelection Procedure including removal / impeachment

Areas of jurisdictionAreas of jurisdiction

PM, judiciary etc whether comes under its net or notPM, judiciary etc whether comes under its net or not

Time frame for completing the investigationTime frame for completing the investigation

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Think over it - PleaseThink over it - PleaseDo we have inadequate laws to handle the Do we have inadequate laws to handle the issues?issues?

Are our law enforcement agencies inadequate Are our law enforcement agencies inadequate in term of quantity or quality?in term of quantity or quality?

Just making an agency- LOKPAL, is the panacea Just making an agency- LOKPAL, is the panacea or a complete answer?or a complete answer?

Do we really have national character or just Do we really have national character or just living to serve our own interest?living to serve our own interest?

If no then- what is the solution?If no then- what is the solution?

A BIG QUESTIONA BIG QUESTION – –Have no readymade answerHave no readymade answer

But let us try it, and discussBut let us try it, and discuss U T T A R P R A D E S H P O L I C E

Perpetual erosion in morality.Perpetual erosion in morality.Law can not run society – can only Law can not run society – can only punish law evaderspunish law evadersLack of political will to curb corruption.Lack of political will to curb corruption.Nexus among corrupt influential Nexus among corrupt influential people – strong tendency to save each people – strong tendency to save each otherotherOnly talk lower level corruption- what Only talk lower level corruption- what about top, at policy level?about top, at policy level?Let us introspect one self - how honest Let us introspect one self - how honest I am?I am?Normally who just not have an Normally who just not have an opportunity, is honest.opportunity, is honest.

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Need to strengthen Right To InformationNeed to strengthen Right To InformationMandatory uploading of public informations on Mandatory uploading of public informations on Internet.Internet.Urgent need for rationalizing prices of real Urgent need for rationalizing prices of real estate - a major source to invest black moneyestate - a major source to invest black moneyImplementation of UID numberImplementation of UID numberSchemes for public servants to provide houses, Schemes for public servants to provide houses, vehicles etc.vehicles etc.Prudent conduct of a person must be Prudent conduct of a person must be appreciated. appreciated. If someone brings money disproportionate to If someone brings money disproportionate to his/her perks, family members must his/her perks, family members must Casting of votes to elect public representative Casting of votes to elect public representative must be sincere apart from other electoral must be sincere apart from other electoral reforms. reforms.

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Tag Line - TransparencyTag Line - Transparency

Dedicated fast track court to deal time Dedicated fast track court to deal time bound disposal of casesbound disposal of cases

Dealing Corruption is Herculean Task Dealing Corruption is Herculean Task and need attention at social, and need attention at social, educational, moral and legal planes. educational, moral and legal planes.

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