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CORRUPTION IN INDIA: A BRIEF ANALYSIS (By-Dr. Prem Chandra & Dr. Raj Kumar)
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CORRUPTION IN INDIA: A BRIEF ANALYSIS
Authored By- 1. Dr. Prem Chandra
2.
Dr. Raj Kumar
Abstract
The Problem of
corruption needs to be addressed urgently if the efforts to improve the
governance and seek development are to be successful. As a number of past
efforts in this regard have not been achieved their intended results,
therefore, it is a need to seek new legislative and institutional reforms for
eliminating corruption. The cornerstone of these new reforms is the empowerment
of the citizenry for fight against corruption. There should be
multi-dimensional effort in the better form to eradicate the very dangerous
cancer of corruption.
Introduction
Manu may not be
relevant to the present century, but as human nature more or less remains same
and states either in monarch or democracy is governed by the same human beings,
he is still relevant. License to govern does not mean license to be corrupt. We
may refer our ancient book, which said, that monarch, whose subjects are
carried from his kingdom by ruffians, while they call aloud for protection, and
he barely looks on them with his ministers, is a dead, and not a living king[1].
Mahatma Gandhi believed in the need for creating a social climate against
corruption, which meant creation of an atmosphere in which the corrupt could
not thrive.[2]
The need of the hour therefore, is to wipe off the tormenting system, which
could be possible only after its thorough overhaul. For this our national
leadership is expected to devise a political mechanism to create a social
atmosphere by empowering of people.[3]
Corruption is an intractable problem. It is like diabetes, can only be
controlled, but not totally eliminate.
It may not be possible to root out corruption
completely at all levels but it is possible to contain it within tolerable
limits.[4]
Honest and dedicated persons in public life, much needed legislative reforms,
could be the most important prescriptions to combat corruption. Corruption has
a corrosive impact on our economy.
Worsens our image in international market and leads to loss of overseas
opportunities. Corruption is a global problem that all countries of the world
have to confront, but solutions can only be home grown. The time has now come
to root it out from its roots.[5]
Corruption is a cancer, which every Indian must strive to cure. Many new
leaders when come into power declare their determination to eradicate
corruption but soon, they themselves become corrupt and start amassing huge
wealth. There are many myths about corruption, which have to be exploded if we
really want to combat it. Some of these myths are: Corruption is a way of life
and nothing can be done about it. Only people from under developed or
developing countries are prone to corruption. We will have to guard against all
these crude fallacies while planning measures to fight corruption.[6]
Corruption is a global phenomenon and it is omnipresent. Corruption has
progressively increased and is now rampant is our society. It is a consequence
of the nexus between bureaucracy, politics and criminals. India has now become
a consideration state where everything can be had for a consideration. Today,
the number of ministers with honest image can be counted on fingers. At one
time, bribe was paid for getting wrong things done but now bribe is paid for
getting right things done at right time. The level of corruption in a society
ultimately depends on the values and morals of that society.[7]
In any population about 10 percent will be honest by nature and 10 percent
always dishonest. The remaining 80 percent are those who get influenced by the
system and would be corrupt if an opportunity arises.[8]
The question is, can we design a system that will check the corrupt tendencies
of this 80 percent? Therefore, we should approach the issue of building a less
corrupt or corruption free system in our country with a positive attitude.[9]
In present scenario, corruption has become synonym of livelihood in society.
Because people have
lost moral values, they imbibed corrupt practices in day-to-day routine work.
Moral values and morality have become outdated and history. Kautilya considered
moral values as a means to prosperity in this world and to paving the way to
heaven after death.[10]
He asserted, "For the world, when maintained in accordance with the Vedas,
will ever prosper and not perish. Therefore, the King shall never allow the
people to swerve from their dharma." he added, "For when adharma
overwhelms dharma; the King himself will be destroyed."[11]
It may be noted, that during 1950s there was both, honesty and efficiency.
Other than the police and the irrigation department, most of the politicians
were honest. However, during the 1960s and 1970s, many bureaucrats and
politicians become corrupt but still relatively speaking were efficient. But
now in 21st century the President of India may alone. A large
majority of bureaucrats and politicians are both inefficient and dishonest[12].
Thus, unless the investigating agencies like the CBI and the court functioned
with the due autonomy, honesty, efficiency and boldness, improvement in
governance would have no chance. India has become one of the most corrupt
country in the world. Perhaps we are a very corrupt society not by tradition.
Lord McCauley, the author of the British Education in India, submitted his
report in the British Parliament on the 2nd February, 1835 and said-
"I have traveled
across the length and breadth of India and I have not seen one person who is a
beggar, who is thief. Such wealth I have seen in this country, such high moral
values, people of such high caliber, that I do not think we would ever
conquer this country, unless we break
the very backbone of this nation, which is her spiritual and cultural heritage,
and therefore, I propose that we replace her old and ancient education system,
her culture, for if the Indian think that all that is foreign and English is
good and greater than their own, they will lose their self-esteem, their self-culture and they will become what
we want them, a truly dominated nation." It is the proof of India's high
morality and value in the past days.[13]
Briefly, it can be
said that governance had for fewer failures in the early decades, essentially
because our first-generation political leaders, who had made large personal
sacrifices during
the freedom struggle,
were persons of proven integrity, committed to higher values and national
perspectives. Enjoying the trust of the people and respect of the public
services, they were able to effectively direct the affairs of the state.[14]
In subsequent years, ever before the enforcement of emergency (1975-1977),
internal feuds and power politics had overtaken commitment to the vital task of
governance. This period also saw the emergence of a new breed to committed
civil servants and coteries of extra constitutional elements joining the
political bandwagon, causing severe damage to the rule of law and constitution.[15]
The failure of national level political parties and the mushrooming of regional
and sub-regional groupings led to splintered electoral outcomes. The consequent
emergence of coalition governments, in the states and later at the centre,
generated political instability which had an adverse impact on governance.[16] From around the 1990s there were a series of
exposures of scandals relating to large-scale defalcations, embezzlements and
cases of corruption among which were the fodder scam, the Hawala scam, Bofors
scandals, and recently the Satyam scam, Commonwealth scam, and 2G scam etc.
According to the
fourth part of the HT-MaRS Governance survey[17],
the consistent economic slowdown, coupled with governance crisis, has not only
shaken the business confidence in the country, but has given industry leaders
enough reasons to label the UPA-II leadership as "inefficient" and
corrupt. Participant of the survey feel political class is the most inefficient
vis-a- vis the judiciary, bureaucrats, civil society and the business
community. According to the result of survey, 69.2% political executives are
corrupt, 10.3% business society is corrupt, 33.3% bureaucracy, 5.2% Judiciary
is corrupt and 7.7% civil society is corrupt.[18] Political corruption is at the root of other
types of corruption parties collect party funds through back doors. Most of the
money is unaudited. As a result, every party makes compromises and offers
favours to different groups and industrial houses while in power.[19]
The manner the
political institutions work in the public domain in India made the former Prime
Minister, A.B. Vajpayee, to remark that every MP elected to the Lok Sabha
begins his parliamentary career by making a false statement about his election
expenses. Given this reality, it would be impractical to expect scrupulous
honesty from parliamentarians as dishonesty was build into the system.[20] A former minister in the NDA government and
BJP M.P. from Bombay, Mr. Ram Naik, pointed out that those who successfully
contest elections by making money from businessmen or spending huge sums from
their own pockets, "try to recover their expenses in the first two years.
What they get in the next three years is a bonus. M P-ship is reduced to a
business."[21] A study of 100 MPs of the 10th Lok
Sabha of the years 1991-96 revealed that 94% of the parliamentarians conceded
that the high cost of elections, combined with a farcical ceiling on election
expenses has a corrupting influence on India's law-makers.[22] In 2010 India was ranked 87 out of 178
countries in Transparency International's Corruption Perceptions Index.[23] The year 2011 has proved to be a watershed in
the public tolerance of political corruption in India.[24]
Corruption reduces economic growth. It reduces efficiency on which economic
performance depends. Similarly, corruption also hinders investments into the
economy. Corruption is a major challenge being faced by the humanity. The
former Prime Minister, Rajiv Gandhi, once remarked that every rupee spent by
the government for poverty alleviation only fifteen paisa is reaching to the
beneficiary. Another forty paisa may be spent on administrative overheads and
the remaining forty-five paisa last in corruption.[25]
The public distribution system is designed to provide food security for those
living below poverty line. However, the program saw many loopholes and goods
reached the black market at the implementation stage. It has been admitted in
parliament that 31% of the food grains and 36% sugar disappeared from the
public distribution system.[26]
This amounted to
rupees 5000 crores and taken away by the corrupt shopkeepers, officials and
politicians. An empirical study has shown that corruption lowered investment
both domestically and internationally. It revealed that corrupt practices
prevailed in economy is likely to reduce aggregate investment levels by 5%
points less and per capita growth rates half a percent point less.[27]
A per UNDP Report of 1999, the GDP of India could grow by 1.5% and the foreign
direct investment could increase by 12% if the corruption level in India comes
down to that of Scandinavian countries.[28]
It is also observed that corruption acts as an additional tax on investment by
lowering the potential return. The former President of India, A.P.J. Abdul
Kalam while inaugurating the UNDP seminar on April 25, 2003 called for a
corruption free Indian for achieving India, a developed nation by 2020.[29]
He also desired that "it is essential that the tree pillars of democracy,
legislature, executive and judiciary are strong in structure, pure in form and
uncorrupted and unblemished in conduct.[30]
Corruption humiliates
the ordinary citizen and weakens the state. No country, however democratic, is
free from corruption. These social ill touches government officials,
politicians, business leaders and journalists alike. It destroys national
economies, undermines social stability and erodes public trust. An underdeveloped
civil service opens the way for corruption by organized crime. Corruption is a
"horizontal" problem for good governance. It undermines all its
aspects and must therefore be addressed as a priority.[31]
Former President of India Pratibha Patil flagged corruption as a major hurdle
to good governance and called for a serious approach to increasing transparency
in her address to the nation on eve of republic day. Her remarks come at a time
when the government battles allegations of corruption that led to a complete
washout of parliament's winter session. She said, "Corruption is the enemy
of development and of good governance." Instead of getting lost in this
mire, it is necessary to rise above it and seriously look at bringing systemic
changes to deal more effectively with corruption.
Financial
institutions, the corporate world and civil society, all must uphold high
standards of probity in their working. Only a genuine partnership between the
government and its people can bring about a positive change to create a just
society.”[32] So for as country's governance is concerned,
in numerous fronts the corrective measures are obligatory. Corruption and
development are two sides of a coin. We cannot put across them on similar
platform. For bringing development we have to done away with our dream of
prosperous nation of the 21st century will not be materialized.[33]
It we will be able to root out this evil of corruption, better governance will
automatically come and everyone will enjoy his human right in India. Corruption
has become one of the key stumbling blocks for India's progress today. Unless
this Ebola of corruption is addressed, no amount of social policies will
produce the result that we are all aspiring for. We now need to devise newer
strategies to fight this Ebola. Mere institutional mechanisms like the Central
Vigilance Commission, Lokpal or the Lokayuktas cannot combat to the problem of
corruption without the informed and sustained participation of communities. We
now need to use tools like "Social Audit" in our fight against
corruption.[34] Communities need to be educated, empowered
and capacities need to be built to use these available mechanisms. India has
though out of force, has taken initiative and enacted Right to information Act,
2005 and the Whistle Blowers Protection Act, 2011 has been also enacted, which
certainly be proved a good step toward good governance. Fighting corruption and
its all effects needs to become a community movement. The fight against
corruption has been declared a high priority by the government of India.
However, corruption remains widespread in the country and there have been many
instances of political and bureaucratic corruption, public funds embezzlement,
fraudulent procurement practices, and judicial corruption. High ranking
officials have also been involved in major corruption scandals.[35]
The sectors most affected by corruption include public procurement, tax and
customs administration, infrastructure, public utilities, and the police. The
latter has been identified as one of the most corrupt institutions by various
surveys. Recently, an exclusive
14-city HT-Gfk Mode
survey[36]
was conducted across 14 cities divided into 4 zones- North (New Delhi,
Chandigarh, Jaipur and Lucknow), East (Kolkata and Patna), West (Mumbai, Ahmedabad,
Indore and Pune), and South (Chennai, Bengaluru, Hyderabad and Kochi). A total
of 2,065 respondents above the age of 18 years were surveyed. 50% of the
respondents were male. Respondents were asked; what are the biggest problems
that India is facing and were allowed to opt for multiple options. 81% respondents believe that corruption is
among India's biggest problem. People want the removal of discretionary quotas
for politicians, and increase in transparency and web based- governance.[37]
72% respondents believed lower taxes on petro products easier import norms and
a crackdown on hoarding could help prices low.[38]
Talking of sports, the survey saw people blaming inadequate infrastructure and
funds and corrupt administrators for India's poor performance in global events
such as the Olympics.[39]
A Transparency International India survey (2005)[40],
conducted by the Centre for Media Studies on petty corruption, studied the
perceptions on judiciary at the lower level. The estimated amount of money as
paid by people is about Rs. 2, 630 crores. The majority of persons (73%) had
visited the civil courts and 80% of them admitted to corruption in judiciary.
Money was paid to lawyers in 61% cases, 29% to court officials, 5% to judges,
and rest to middlemen. The money was paid for seeking favourable decision
(30%), speeding up cases (15%), getting case listed (11%), manipulating public
prosecutor (28%), securing affidavit (8%), manipulating witness (10%), seeking
bail (8%) etc.[41]
Corruption in judiciary has two manifestations one is the corruption in system
and the other is corruption among the judicial officers. Whereas, the system is
polluted, the judiciary, especially the higher judiciary, is relatively clean,
though exceptions cannot be ruled out. Its operations are transparent. There is
a system of correction in the form of reviews and appeals. Yet there is a lot
of discretion of courts with regards to interlocutory orders on stay
proceedings, vacation thereof, bail petitions, issue of warrants, adjournments
etc.
There are many occasions when power can be
misused though evidence of it may not be available due to existence of
conduits. No wonder that due to connivance of various functionaries in the
system, "Criminal justice succumbs to money power."[42]
The country's justice delivery system appears to be on the verse of collapse.
Instances of corruption have now begun to surface in our judicial system too.[43]
There is a lot of hope in the judiciary to combat corruption by enforcement of
law and deciding cases of bureaucratic corruption expeditiously. There are
allegations that three successive Chief Justices of India made "Improper
compromises" to save a corrupt judge of the Madras High Court.[44]
A tainted High Court Judge was allowed to continue in order to save the UPA-I
government.[45]
In the words of Fali S. Nariman,
"The law is not merely about case, nor about legal rights. It is also
about hard work and integrity. The Judiciary of the 21st century,
along with legal profession, needs to set an example in exemplary self
discipline, discipline in approach, discipline in life style, and discipline in
thought, word and deed.[46] AS the Bharavad Gita says, whatever important
men and women say and do, other men follow.[47]
Corruption is a
significant impediment to the achievement of good governance in India.
Political corruption needs to be curved for developing a good governance
framework.[48]
The Law enforcement work of the government to ensure corruption free governance
ought to perceive as a part of the right of the people of India to seek a
corruption free government. It is the duty of the government to ensure that all
of its affairs are conducted in a manner that promotes transparency,
accountability and integrity in the public administration. The human rights
approaches of corruption control mechanisms are expected to enhance the
institutional approach of the proposed to fight against corruption in India.[49]
Constitutional governance is an important dimension of the rule of law frame
work that needs to be established in India.
If this framework
needs to work in the context of various social, economic and political
transitions that occur in India, the anti-corruption initiatives should be
integrated with the human rights approach and ensure collaborations within
countries that have successfully managed to curb the menace of corruption to a
large extent[50].
Accountability is infused by building legal and institutional mechanisms so
that official corruption is not tolerated at my level of the decision-making
process.[51]
The change of political corruption in India is possible only if the right to
corruption-free governance is guaranteed through the empowerment of the Indian
citizenry. The role of the media other members of civil society is very
important to fight against corruption.[52]
The media can expose the corrupt actions of politicians and bureaucrats.
Strengthening of the judiciary should be accompanied by the passage of laws,
rules, and regulations that are intended to punish acts of corruption.[53]
The problem of corruption has the potential to affect democratic decision
making and has threatened the rule of law in India. The foundations of
democratic values are deeply rooted in India but the corruption has undoubtedly
affected its cultural values. The lack of political and bureaucratic transparency
and accountability culminate in a sense of callous indifference among the
people.[54] These discouraging trends must be thwarted by
the rights-based approach to fighting corruption. There is need to establish an
accountability mechanism for the promotion of good governance. Community
education and participation of the people in generating an attitudinal change
is deemed one of the initial goals to fight against corruption.[55]
There is a need for the empowerment of the people of India to fight against
corruption on the basis of developing certain rights against corruption. In the
case State of M.V. Shambhu Dayal Nagar,[56]
the Supreme Court observed that, "The corruption by public servants has
become a gigantic problem. It has spread everywhere. No fact of public activity
has been left unaffected by the stink of corruption. It has deep and pervasive
impact on the functioning of the entire country.
Large-scale
corruption retards the nation building activities and everyone has to suffer on
that court. As has been aptly observed in Swatantar Singh v. State
of Haryana[57]
corruption is corroding, like cancerous lymph nodes, the vital veins of the
body politics, social fabric of efficiency in the public service and
demoralizing the honest officers. The efficiency in public service would
improve only when the public servants devote his sincere attention and does the
duty diligently, truthfully, honestly and devotes himself assiduously to the
performance of the duties of his post. The reputation of corruption would
gather thick and unchaseable clouds around the conduct of the officer and gain
notoriety much faster than the smoke." "The Public Distribution
system (PDS) is the largest food distribution network of its kind in the world.
Yet it has acquired notoriety of being the most corrupt system in the country.
There is undoubtedly nexus between the fair price shop (FPS) owners,
transporters, bureaucrats and politicians. Diversion of PDS food grain occurs,
both in the supply chain as well as at FPS. Information technology can be used
to curb this menace of food grain diversion. Modern technology will help in
ensuring that the beneficiary regularly receives his/her entitlement of food
grains of some quality as has been issued by FCI.[58]
The recognition of
corruption as a major problem of governance needs to be followed by the
formulation of legal and institutional mechanisms to combat it.[59]
The Challenge of enforcing the rule of law continues to be the single most
important impediment to the effectiveness of anti-corruption laws, and thus the
larger issue of establishing a rule of law society in India needs to be
addressed immediately.[60]
This would require progressive efforts toward revamping the enforcement
machinery and empowering the citizenry. The criminal justice system has not
sufficiently responded to ensure that the corrupt actually get punished. When
the government enacted the prevention of corruption Act, 1988 it failed to
accept two important recommendations of the Santhanam Committee.[61]
1.
To establish a Directorate of Central
Complaints and Redress under the Central Vigilance Commission (CVC) to look
into the grievances of citizens against the administration.
2.
To centralize all powers and responsibilities
regarding disciplinary in the Commission. Further, the work of the Central
Bureau of Investigation (CBI), the central modal agency to control
administrative corruption has not been effective. In 1972 it registered 1349
cases of corruption as against 231 in 1992.[62]
Of these, 300 cases ended in conviction in 1972 and only 164 in 1992.[63]
Experience has
demonstrated that despite the fact that the PCA is equipped with legal
provisions intended to ensure that corrupt acts are detected and corruption is
punished, the inherent weaknesses in the law enforcement machinery in India
coupled with the lackadaisical approach of the criminal justice system, has
created a weak enforcement system with respect to corruption.[64] H.L. Mansukhani has observed that the
Prevention of Corruption Act has turned out to be a puerile piece of
legislation.[65]
It merely recognized several forms of bribes and corruption, but does not
prevent their occurrence.[66] He has argued that it only created a new
branch of evidentiary law whose objectives were neither moderate nor practical.[67] The law enforcement machinery of the state is
generally weak and the accused in corruption cases abuse legal loopholes. This
has resulted in situation where the institutions that are vested with the task
of investigating charges relating to corruption are weakly positioned. From the
enforcement stand point there may be valid justification for evolving a
criminal law approach to address the problem of corruption, as it is
essentially an economic offence.[68]
However, the systematic looling of the state's resources and massive corruption
in the form of abuse of power by government officers bureaucrats, police
officers, and corruption, as is the case in India, demands a more, serious and
affirmative response from Indian society.[69]
The constitutional approach to dealing with the problem of corruption
presupposes the fact that the corruption threatens the very foundation of
Indian democracy and acknowledges that the Indian state is beginning to lose
the faith of its people.[70]
Moreover, having
taken root in every department of the government, corruption creates a vicious
environment that undermines the rule of law and social fabric of Indian
society.[71]
The problem has become so alarming that Indian democracy stands to lose its
defining qualities if this problem is not approached from the perspective of
its impact on constitutional governance in India.[72]
The constitution has indeed shown great concern for the underprivileged and
laid obligation on the state to take measures for improving the conditions of
their life. The various organs of the state have abused power, become corrupt
and acted in self interest rather than on the basis of public interest. The
corruption has shattered the very basic objectives of the constitution. The
governance machinery tainted with scams and allegations of corruption regularly
coming to the forefront.[73]
Corruption in the implementation of development policies has culminated in the
creation of poverty, lock of education, health care etc. The majority of the
Indian populace, the rights and benefits conferred by the constitution and
enforcement by the judiciary mean nothing. A Transparency International study
has revealed that the greatest suffers of this petty corruption are not the
middle classes, who often have the ability to grease greedy palms, but the poor-
hawkers, rickshaw pullers and small teashop owners, small-time mechanics, poor
migrants, laborers and slum-dwellers.[74] The government spends US $ 8.5 billion
annually on the rural poor but most of it disappears on the way.[75]
There is need to adopt the recommendations of the Lord Nolan Committee[76]
on standards in Public life in the United Kingdom. The seven principles of the
public life stated in the report are; selflessness, integrity, objectivity,
accountability, openness, honesty and leadership. In the case of Vineet Narain
V. Union of India[77]
the Supreme Court observed, that these principles of public life are of general
application in every democracy and one is expected to bear them in mind while
scrutinizing the conduct of every holder of a public office.
Any deviation from
the path of rectitude by any of them amounts to a breach of trust and must be
severely dealt with instead of being pushed under the carpet. If the conduct
amounts to an offence, it must be promptly investigated and the offender against
whom a prime facie case is made out should be prosecuted expeditiously so that
the majesty of law is upheld and the rule of law vindicated.[78]
Further, in Common Cause V. Union of India[79]
the Supreme Court observed that, it is high time that the public servants
should be held personally responsible for their malafide acts in the discharge
of their functions a public servant. We take it to be perfectly clear, that if
a public servant abuses his office either by an act of omission or commissions,
and the consequences of that is injury to an individual or loss of public
property, and action may be maintained against such public servant. No public
servant can arrogate to himself the power to act in a manner which is
arbitrary.[80]
While corruption at
the higher level of the judiciary may not be rampant, lower levels of the
judiciary in India are notorious for their own acts of corruption.[81]
Recently, however, even the higher judiciary, High Court Judges in particular
has come under the corruption scanner with the exposure of the Uncle Judge
syndrome, provident fund scams in the High Court’s and other allegations of
corruption.[82]
It is a very dangerous trend and poses a serious threat to the rule of law,
social stability and democracy in India. The judiciary has very a very
difficult task, to not only ensure that other wings of the government are not
corrupt, but also develop mechanisms of accountability for itself so that
corruption within the judiciary does not get institutionalized.[83]
The cases involving corruption charges against public officials inevitably take
a much longer time to reach finality than other cases and therefore it is need
to give priority of hearing to corruption cases and conclude such cases within
a reasonable time.[84]
The question of delays in the trial process is a larger issue that has affected
the ability of the criminal justice system to effectively respond to
corruption. It undermines the public confidence in the judicial process.
The problem of corruption needs to be
addressed urgently if the efforts to improve governance and seek development
are to be successful. In this regard, a number of past efforts, till have not
achieved their intended results. There is a need to seek new legislative and
institutional reforms for eliminating corruption.[85]
The cornerstone of these new reforms will be the empowerment of the citizenry
for the fight against corruption.[86]
The past legislative efforts have dealt with corruption as a crime.[87]
But not necessarily as a problem that undermines the enforcement of human
rights.[88]
Human Rights approach to fight against corruption requires redial reform of
state apparatus and galvanized civil society activism that are different from
those required in regard to criminal violations. Undoubtedly, certain reforms
in the Criminal Procedure Code (Cr. P.C.), 1973 are required. For instance,
under Section 197 of the Cr. P.C., no court can take cognizance of any offence
alleged to have been committed by a public servant without a prior sanction of
the government in whose affairs he is employed.[89]
In this regard professor Baxi lamented the fact that the protection given by
the colonial law makers to the public servants in the code of 1898, still
continues.[90]
This recognition will pave way for the developing strategies to fight
corruption that was still not considered. Transparency is governance requires
that the functions of the state should be exercised in appropriate manner and
corruption of any can be nipped in the bud.[91]
The objective of transparency in governance is to ensure the accountability and
to avail the information relating to decision-making process in governance.[92]
However, over the years, the democratic institutions of India have lost their
credibility due to corruption.[93]
The National Commission to Review the working of the constitution observed in
its consultation paper "Probity in Governance" that, to the Utter
insensitivity, lack of shame and the absence of any sense of public morality
among the bribe taker. Indeed, they wear their badge of corruption and shamelessness
with equal and a danger not only to the quality of governance
but are threatening
the very foundations of our society and the state.[94]
Corruption has affected every institution of governance in India. Politicians
and bureaucrats have figured prominently in various allegations of corruption.
It is correctly observed that most government offices present a picture of
client public bewildered and harassed by opaque rules and procedures and
inordinate delays. Constantly vulnerable to exploitation by employees and touts.[95]
Corruption by itself poses a variety of problems relating to abuse of power and
arbitrary decision making it resulted in determined denial of transparency,
accessibility and accountability, cumbersome and confusing procedures,
proliferation of mindless controls, and very poor commitment all levels for the
we fare of public.[96]
Corruption is a ubiquitous scourge in Indian society that undermines fairness
in governance.[97]
Power holders abuse their powers in such a manner that they can earn money by
illegal means. They make decisions on the basis of self suited socio-economic
objectives. They maximize their corrupt interest rather than public interest.
Transparency International (TI) conducted a study in which sixteen states were
scanned and around 5,000 rural and urban families were sampled. It estimated
that every year ordinary Indians pay as much as a total of US $ 6 billion (2.5%
of India's GDP) in bribes. Nothing this, Rakesh Kalshain has observed that, be
it birth to schools and universities, bank loans, passports, rations cards,
driving licenses, electric, water or telephone connections, legal or illegal
you name it, and the corruption "Yellow Pages" have them all.[98]
In the Global Integrity Report, 2004 prepared by the US- based Centre for
Public Integrity after a yearlong study of twenty five nations around the
world; India has been rated as a weak democracy on account of corruption and
lack of accountability in its public institutions.[99]
The report has put India in the weak category on a public integrity index,
which measures the existence and effectiveness of laws and institutions that
promote accountability and limit corruption. The report explains that the lacks
of transparency in the Indian democratic and legal framework empowered the
bureaucracy and have the way for abuse of power.[100]
The report recognizes that, in India, there are powerful anti-corruption laws
in place but their implementation is very weak.
It adds that the
system as a whole does not see to have effective checks in place to prevent or
tackle corruption. There is no comprehensive effort to eliminate corruption
from the government machinery. As of now, the war against corruption is largely
waged by a few isolated individuals, select citizen groups, a sprinkling of
committed officers and the judiciary.[101]
It is clear that the corruption of any from will not be allowed to prevail good
governance, in India. Therefore, it is need to move toward reforming the system
of governance with the view to eliminate corruption. The very result to
ignoring this problem would mean that all effort in social and economic
development would be affected very adversely. Development of any kind would be
possible in a free society. A society cannot be said to be free when the
governance institutions and the individuals who operate it are corrupt and
decisions are made not on the basis of merit, but on the basis of vested
interests, where bribery is the rule and integrity is exception. The PIL
movement in India has by and large, been successful particularly in promoting a
certain degree of governmental accountability as well as in ensuring that the
constitutional rights of the Indian citizenry are duly protected regardless of
their social, economic and political status.[102]
PILs can be used to ensure that the judiciary effectively checks the corruption
and bribery levels of public officials. The constitutionalizing of the right to
corruption free service in India marked the beginning of the Supreme Court and
the High Court’s a far more constructive role in ensuring greater governmental
transparency and accountability,[103]
the Supreme Court has once again brought the issue of corruption in to the
central focus of judicial intervention. The Court has observed, the tentacles
of corruption are spreading fast in the society corroding the moral fibre and
consequentially in most cases the economic structure of the country. It has
assumed the alarming proportions in recent times. The court further observed[104]
that, corruption is one of the most talked about subjects today in the country
since it is believed to have penetrated into every sphere or activity. It is
described as wholly widespread and spectacular. Corruption as such has reached
dangerous heights and dangerous potentialities. The word corruption has wide
connotation and embraces almost all the spheres of our day to day lit the word
over.
Conclusion
A number of
institutions entrusted with the responsibility of fighting corruption and ensuring
probity in governance have not been successful.[105]
Given the complexities of the multi-layered police and other law enforcement
agencies that are working in India, it is important to develop a more focused
approach to combating corruption.[106]
There has to be a multi-pronged strategy to fight corruption, which will
involve the legal framework, the institutional mechanism, the investigation and
prosecution machinery, the public awareness and education strategies, and civil
society empowerment approaches.[107]
There is needed to make efforts with genuine desire and firm determination on
the part of each and every above strategy. Apart from this if, it cannot be
eradicated totally, definitely it can be controlled and brought down to
permissible limits. It can be cured if we have strong will power and unity of
purpose. The success can be achieved with the following measures. Younger
generation are to be motivated for certain values like integrity, patriotism,
commitment to work, commitment to excellence and soon.[108]
The transmission of values happens through a process of emotional or
psychological osmosis.[109]
The educational institutions can play a very significant role in individual’s
life. Fighting corruption should also be one of the subjects included in the
secondary schools and colleges. The educational institutions should not only
focus on imparting the skills but also on values.[110] Deterrence does not mean only the legislation
with deterrent punishment prescribed for certain offences. It is not the length of prison sentence or
enormity of fine that deters a man but it is certainty of detection, followed
by conviction and proper execution of punishment that deter a man.[111]
We must streamline our detecting and prosecuting machinery so that the culprit
knows that there is every likelihood that his crime will be detected and
convictions are sure to follow.
Article Information
CORRUPTION IN INDIA: A BRIEF ANALYSIS (By-Dr. Prem Chandra & Dr. Raj Kumar)
Authors: Dr. Prem Chandra, Dr. Raj Kumar
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/10/06
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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