Corruption Issues in India

1. CORRUPTION ISSUES IN INDIACORRUPTION ISSUES IN INDIA
presentedby
Dr. G.K. Goswami, IPS
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2. CorruptionCorruption
The habit is as old as the civilizationThe habit is as old as the civilization
It has variable connotations as persociety.It has variable connotations as persociety.
But financial matter and integrity are main concernBut financial matter and integrity are main concern
forcorruption in legal terms.forcorruption in legal terms.
It’s a global phenomenon and is a relative term.It’s a global phenomenon and is a relative term.
Probably no one can claim himself to be absoluteProbably no one can claim himself to be absolute
honest in absolute term.honest in absolute term.
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3. U T T A R P R A D E S H P O L I C E

4. 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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5. 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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6. India has its own traditions of nomenclature forIndia has its own traditions of nomenclature for
corruptioncorruption
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tcjkuktcjkuk
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7. 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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8. 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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9. 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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10. StateState Agencies to deal corruptionAgencies 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 harassmentFear for more harassment
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11. 2- At Government Level2- At Government Level
LLack of political willack of political will
Favoritism, nepotism and other issuesFavoritism, nepotism and other issues
State concurrence to refer cases for investigation to centralState concurrence to refer cases for investigation to central
investigation agenciesinvestigation agencies
Need of Prosecution sanction u/s 197 Cr.P.C. at governmentNeed of Prosecution sanction u/s 197 Cr.P.C. at government
levellevel
3- At Investigation Agencies level3- At Investigation Agencies level
Poor infrastructure of investigating agenciesPoor infrastructure of investigating agencies
Slow process of investigationSlow process of investigation
Lack of professional competencyLack of professional competency
Need more functional autonomyNeed more functional autonomy
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12. 4- At Adjudication Level4- At Adjudication Level
Over burden of casesOver burden of cases
lack of adequate judges, public prosecutors and otherlack of adequate judges, public prosecutors and other
resourcesresources
lack of professional competency especially inlack 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 courtsNeed for special well equipped fast track courts
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13. Lokpal (Ombudsman)Lokpal (Ombudsman)
The wordThe word LokpalLokpal was coined in 1963 by L.was coined in 1963 by L.
M.Singhvi, a Member of Parliament during a debateM.Singhvi, a Member of Parliament during a debate
inin ParliamentParliament about grievance redressalabout 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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14. Lokpal at centre and Lokayuktas at StatesLokpal at centre and Lokayuktas at States
levelslevels
No Lokpal since 1969No Lokpal since 1969
Few States have Lokayuktas but its constitution isFew States have Lokayuktas but its constitution is
optional to the Stateoptional to the State
Lokayuktas report to the State government, need toLokayuktas report to the State government, need to
report the State Assembliesreport the State Assemblies
Lokayuktas are appointed mainly on the choice ofLokayuktas are appointed mainly on the choice of
Government though leader of opposition remain thereGovernment though leader of opposition remain there
but in minority.but in minority.
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15. 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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16. Thinkoverit - PleaseThinkoverit - Please
Do we have inadequate laws to handle the issues?Do we have inadequate laws to handle the issues?
Are our law enforcement agencies inadequate in term ofAre our law enforcement agencies inadequate in term of
quantity orquality?quantity orquality?
Just making an agency- LOKPAL, is the panacea or aJust making an agency- LOKPAL, is the panacea or a
complete answer?complete answer?
Do we really have national character or just living to serveDo we really have national character or just living to serve
ourown interest?ourown interest?
If no then- what is the solution?If no then- what is the solution?
A BIGQUESTIONA BIGQUESTION ––Have no readymade answerHave no readymade answer
But let us try it, and discussBut let us try it, and discuss
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17. Perpetual erosion in morality.Perpetual erosion in morality.
Law can not run society – can only punish lawLaw can not run society – can only punish law
evadersevaders
Lackof political will to curb corruption.Lackof political will to curb corruption.
Nexus among corrupt influential people – strongNexus among corrupt influential people – strong
tendency to save each othertendency to save each other
Only talk lower level corruption- what aboutOnly talk lower level corruption- what about
top, at policy level?top, at policy level?
Let us introspect one self - how honest I am?Let us introspect one self - how honest I am?
Normally who just not have an opportunity, isNormally who just not have an opportunity, is
honest.honest.
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18. Need to strengthen Right To InformationNeed to strengthen Right To Information
Mandatory uploading of public informations on Internet.Mandatory uploading of public informations on Internet.
Urgent need for rationalizing prices of real estate - aUrgent need for rationalizing prices of real estate - a
majorsource to invest blackmoneymajorsource to invest blackmoney
Implementation of UIDnumberImplementation of UIDnumber
Schemes for public servants to provide houses, vehiclesSchemes for public servants to provide houses, vehicles
etc.etc.
Prudent conduct of a person must be appreciated.Prudent conduct of a person must be appreciated.
If someone brings money disproportionate to his/herIf someone brings money disproportionate to his/her
perks, family members mustperks, family members must
Casting of votes to elect public representative must beCasting of votes to elect public representative must be
sincere apart from otherelectoral reforms.sincere apart from otherelectoral reforms.
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19. Tag Line - TransparencyTag Line - Transparency
Dedicated fast track court to deal time boundDedicated fast track court to deal time bound
disposal of casesdisposal of cases
Dealing Corruption is Herculean Task and needDealing Corruption is Herculean Task and need
attention at social, educational, moral and legalattention at social, educational, moral and legal
planes.planes.
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