COMBATING CORRUPTION Power tends to corrupt; absolute power corrupts absolutely. said Lord Acton.

Everywhere around us, we see the scourge of corruption gnawing through the walls of our society. Our bureaucrats, politicians and even the keepers of justice, the police are often ridiculed as being the very perpetrators of corruption. Every facet of our life is riddled with corruption. Corruption is allpervasive and inevitable, but we can at least try to reduce its effect, because frankly it is the least we can do. Corruption is like a ball of snow, once it sets rolling it must increase said Charles Caleb Colton. In 2011 India was ranked 95th out of 178 countries in Transparency International's Corruption Perceptions Index1. Authorities cite that public officials in India may be cornering as much as Rs.92, 122 crore ($18.42 billion), or 1.26 per cent of the GDP, through corruption.2 It is estimated that corruption has virtually enveloped India growing annually by over 100 percent and most bribery is accrued from the transport industry, real estate and "other public services3. On March 31, 2010 the Comptroller and Auditor General of India said that unutilized, committed external assistance was of the order of Rs.1,05,339 crore4. World Bank estimated that 80% of Indians earn less than US$2 per day and every second child is malnourished5.It seems as if India is a rich country filled with poor people. A 2005 study done by Transparency International (TI) in India found that more than 50% of the people had firsthand experience of paying bribe or peddling influence to get a job done in a public office.6 A 2009 survey of the leading economies of Asia, revealed Indian bureaucracy to be not just least efficient out of Singapore, Hong Kong, Thailand, South Korea, Japan, Malaysia, Taiwan, Vietnam, China, Philippines and Indonesia; further it was also found that working with India's civil servants was a "slow and painful" process.7

Since 1995, Transparency International (TI) publishes the Corruption Perceptions Index (CPI) annually ranking countries "by their perceived levels of corruption, as determined by expert assessments and opinion surveys." 2 Prof. Bibek Debroy and Laveesh Bhandary, Corruption in India, the DNA and RNA. Konark Publishers Pvt Ltd,2011. 3 Ibid 4 .The Hindu, India sitting over Rs. 1 lakh crore of unused external aid: CAG, December 11, 2011 5 Gupta, K. N, Corruption in India, Anmol Publications Pvt Ltd.,2001 6 Centre for Media Studies, India Corruption Study 2005: To Improve Governance: Volume I Key Highlights, New Delhi: Transparency International India, 30 June 2005. 7 The Times of India, Indian bureaucracy ranked worst in Asia: Survey, June 3, 2009.

COMBATING CORRUPTION Like the proverbial statement regarding the weather - something that every body talks about, and there is little that one can do about it - there is an all-round sense of resignation in the country when it comes to corruption, that is very much of a tragedy. Instead of lamenting over the multitudinous adverse impact of corruption on our life, it is high time we think about effective measures of combating corruption. A wise man once said, Corruption is authority plus monopoly minus transparency. I think the key word here is transparency. A transparent structure is the need of the hour. A system or institution where everyone and everything is accountable to someone or the other will be a noncorrupt entity; if such a thing as a non-corrupt entity is possible. We have a catena of laws - general and specific to contain corruption. A brief outline of the same is welcome at this moment. Under the Indian Penal Code, 1860, Section 169 8 prescribes punishment for public servant unlawfully buying or bidding for property. Section 409 9 deals with criminal breach of trust by public servant. According to Shri N.Vittal, Former Chief Vigilance Commissioner, the first stage in the dynamics of the rule of law is the framing of effective rules and laws, which are equipped to hinder the ever-rising escalation of the corruption graph10. It is in this context that the Prevention of Corruption Act, 1988 becomes highly significant. The Prevention Of Corruption Act, 1988 as amended in 2008, have provisions for bribery ( both active and passive), money laundering, graft, criminalizing corruption, extortion and abuse of office. The Corruption Act deals with corruption in the public sector by public servants. Though the Corruption Act does not cover corruption in the private sector, the definition of public servant in sec. 2 of this Act even covers certain categories of people who are not employed by the government. The Corruption Act does not only cover persons employed by the government or in the regular pay of the government but also persons remunerated by fees or commission for the performance of any public duty by the Government but not employed by it. The latter category is very important in my opinion because, by virtue of
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Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated. 9 Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits breach of trust in respect of that property, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 10 Vittal, N, Corruption in India: The Roadblock to National Prosperity, Academic Foundation, 2003.

COMBATING CORRUPTION their position, such persons enjoy considerable power and can abuse the same to indulge in corrupt activities. The Corruption Act thus includes the Ministers, members of Parliament, State Legislative Assemblies, Municipal Corporations, State Cooperative Societies etc. in its fold. Even office bearers of non-governmental organizations that receive financial assistance from the government are defined as public servants.

Bribery of Public Servants is made punishable by sections 7, 10, 11 & 12 of the Corruption Act11. Sec. 7 punishes a public servant or a person expecting to be a public servant, who accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act. The important point to note is that even the sheer demand of a bribe or agreeing to accept a bribe is an offence under this law. Actual exchange of a bribe is not an essential requirement to be prosecuted under this law. A willing bribe giver is also punishable under sec. 12 of the Corruption Act. Further, those public servants who do not take a bribe directly, but through middlemen or touts, and those who take valuable things from a person with whom they have or are likely to have official dealings, are also punishable as per sec. 10 and 11 respectively. It is obvious that there is zero tolerance for corruption by public servants in the law and the Corruption Act demands exemplary conduct from them.

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According to article 15 of UNCAC, 'bribery of national public officials' constitutes a criminal offence, when committed intentionally, that prohibits: the promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties; the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.

COMBATING CORRUPTION Also, there is the Benami Transactions ( Prohibition) Act, 198812 and the Prevention Of Money Laundering Act, 200213 ,which forays into illegal activities of the likes of benami transaction14 and money laundering15. The pioneer among the anti corruption laws is undoubtedly, The Right to Information Act, 2005. It is a well-known fact that too much secrecy in public administration breeds corruption. As J.P N Bhagwathi quoting James Madison once said: Knowledge will forever govern ignorance and a people who mean to be their own governors must arm themselves with the power knowledge gives. The Right to Information Act aims at ensuring efficiency, transparency and accountability in public life. This Act requires all public authorities, except the ones that handle work relating to national security16, to publish all information about their functioning at regular intervals through various means of communication17, including the Internet. Now any person can seek any information from the concerned public authority just by filing an application18 at almost at no cost. The public authority has to reply to the application compulsorily within 30 days. If the information sought is denied, the applicant has a right to agitate further before the appellate authorities under this Act19.This can indeed be described as a revolutionary step towards the eradication of corruption from public life. RTI Act played pivotal role in bringing into limelight the evasion of money from Kargil relief and tsunami rehabilitation efforts and illegal deprivation of wages under the MGNREGS.20

Another legal initiative worth mentioning is the Judicial Standards and Accountability Bill, 2010 which is prefaced by a resolve to lay down judicial standards and to provide for accountability of judges and establish credible and expedient mechanism for investigating into

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An Act to prohibit benami transactions and the right to recover properly held benami and for matters corrected therewith or incidental thereto. 13 An Act to prevent money laundering and to provide for confiscation of property derived from, or involved in, money laundering and for matters connected therewith or incidental thereto. 14 Section 2(a) of the Benami Transactions (Prohibition) Act, 1988, "Benami transaction" means any transaction in which property is transferred to one person for a consideration paid or provided by another person. 15 The process of concealing the source of illegally obtained money; http://en.wikipedia.org/wiki/Money_laundering#India, accessed March 30. 16 Section 8, Right to Information Act, 2005 17 Section 4 (1)(b), Right to Information Act, 2005. 18 Section 6,Right to Information Act, 2005
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Section 19, Right to Information Act, 2005. Mahatma Gandhi National Rural Employment Guarantee Scheme.

COMBATING CORRUPTION individual complaints for misbehavior21 or incapacity of a Judge of the Supreme Court or of a High Court and to regulate the procedure for such investigation22 and for the presentation of an address by parliament to the President in relation to proceeding foe removal of a Judge23 and for matters connected therewith and incidental thereto. The Bill makes it mandatory to declare assets and liabilities of the judges24. In the light of several judges facing allegations of holding assets disproportionate to income and abuse of public office, the bill is indeed the need of the hour. India and the United Nations Convention against Corruption 2003 (UNCAC) is another effort to curb corruption. India has welcomed the UNCAC, which provides for international cooperation and mutual legal assistance in investigating cases of corruption and recovery of assets25. India signed the UNCAC in December 2005. By signing the Convention India has reiterated its resolve to strengthen international co-operation as envisaged in the Convention. It was finally ratified on May 2011. India is a union of States as per the Indian Constitution26. Crime is a State subject under the Constitution. Investigation and prosecution of crimes, including corruption cases, which happen within the territorial jurisdiction of the State, therefore remain the basic responsibility of the State agencies. The main agencies to probe corruption cases in India are as outlined below.

Anti-Corruption Bureau of States are police agencies of the States meant mainly for investigating corruption cases within the States under the Corruption Act27. They are responsible for the prevention, detection and investigation of corruption crime only and are not engaged in conducting other police duties such as handling conventional crimes and law and order. After investigating a crime, they file the investigation reports in a court of law to launch prosecution.

Many Indian states have set up the office of Ombudsman, known as Lokayuktas, mainly to probe complaints against ministers and public servants pertaining to corruption. Karnataka
21 22

Clause 19, Judicial Standards and Accountability Bill, 2010 Chapter VI(A) , Judicial Standards and Accountability Bill, 2010 23 Clause 7, Judicial Standards and Accountability Bill, 2010 24 Chapter III, Judicial Standards and Accountability Bill, 2010 25 UNODC, United Nations Convention against Corruption , http://www.unodc.org/unodc/en/treaties/CAC/ accessed March 2012 26 Art 1, the Constitution Of India. 27 en.wikipedia.org/wiki/Corruption_in_India accessed March 30.

COMBATING CORRUPTION lokayukta Sri.Santhosh Hegde exposed major irregularities in mines in Bellary, which have deep repercussion for ecology and to exchequer of state, including those owned by Obulapuram Mining Company and by G. Karunakara Reddy, G. Janardhana Reddy and G. Somashekara Reddy who are ministers in the Government of Karnataka28.

Central Bureau of Investigation (CBI) is an investigating agency set up by the Government of India to investigate crime, especially corruption cases, in Union Territories, which are directly administered by the Government of India29. Over a period of time, it has become the premier corruption investigation agency in the country. It enjoys high credibility amongst the people of India. As a result even the States also refer sensitive and large-scale corruption cases to the CBI for investigation. The High Courts of various States and the Supreme Court of the country have powers under the Indian Constitution to entrust investigation of any crime to the CBI for investigation30. Though it does not have powers to investigate and prosecute cases under the Corruption Act, the Directorate of Enforcement, India has powers to investigate and prosecute people involved in money laundering, including public servants, under the Prevention of Money Laundering Act 2002.

The Central Vigilance Commission is a statutory body which monitors corruption in governmental departments31. It supervises the work of Chief Vigilance Officers of all the departments of government and issues guidelines to them32. The CVC also receives complaints from the general public about corruption and it refers such complaints to the CBI for verification and investigation if found to contain verifiable allegations.33 The CVOs are in-house supervisors of government departments who monitor the conduct of personnel and enquire into complaints against them pertaining to corruption34. If upon enquiry they conclude that a criminal case under the Corruption Act appears to have been made out, they refer the case to the CBI for investigation35.
28 29

The Hindu, Illegal mining: Lokayukta slams Government, July 14, 2009. www.cbi.nic.in/ accessed March 30. 30 State of West Bengal v. The Committee for Protection of Democratic Rights, 2010 (2) S.C.A.L.E. 467. 31 Section 3 (1), The Central Vigilance Commission Act, 2003. 32 en.wikipedia.org/wiki/Central_Vigilance_Commission accessed March 30 33 ibid 34 M.P. Jain, Administrative Law, Tripathi Publications Ltd ,1986 35 http://www.cvc.nic.in/ accessed March 30.

COMBATING CORRUPTION

The Comptroller and Auditor General is the supreme audit authority in the country. The reports of C&AG has diligently unearthed the 176,645 crore 2G scam and very recently the $ 210 million Coal scam.

E- Governence is creating positive vibes as the next big thing in containing corruption. It is the application of Information and Communication Technology (ICT) for delivering government services, exchange of information communication transactions, integration various stand-one systems and services between Government-to-Citizens (G2C), Government-toBusiness(G2B),Government-to-Government( G2G) as well as back office processes and interactions within the entire government frame work.36 Through the e-Governance, the government services will be made available to the citizens in a convenient, efficient and transparent manner. That is, we would be relieved from running from pillar to post and waiting in long queues in front of government offices to get what is rightfully ours.

The Supreme Court decisions declaring the allotment of 2G spectrum as "unconstitutional and arbitrary" and quashing all the 122 licenses issued during tenure of A. Raja, the main accused in the 2G scam case37, constituting Special Investigation Team in the black money case38, quashing the appointment of P J Thomas as CVC39, giving authority to prosecute corrupt police officers without government consent are testimony to the efficacy of our judiciary in dealing corruption with deft hands. Now, about the much debated Lokpal bill (Citizen's ombudsman Bill) which mandates the setting up of an independent body that would investigate corruption cases, complete investigation in a year and envisages trial in the case getting over in the next year40. With heated
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Garson, D.G, Public Information Technology and E-Governance, Sudbury, MA: Jones and Bartlett Publishers, 2006. 37 Centre for Public Interest Litigation and Ors v Union of India and Ors, WRIT PETITION (CIVIL) NO. 423 OF 2010; Dr. Subramanian Swamy v Union of India and Ors, WRIT PETITION (CIVIL) NO. 10 OF 2011.
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Ram Jethmalani & ors v Union of India & ors., WRIT PETITION (CIVIL) NO. 176 OF 2009, judgment delivered on 4th July 2011. 39 Centre for PIL & Anr v Union of India & Anr , Writ Petition (C) No. 355 of 2010, judgment delivered on 3rd March 2011. 40 en.wikipedia.org/wiki/Jan_Lokpal_Bill, accessed March 30.

COMBATING CORRUPTION discussions going on as to whether governments version or the Jan Lokpal Bill proposed by the civil society members is the best alternative, I strongly feel that a Bill of the following characteristics is what we need. It should include every public authority, mete out stricter penalty and punishment to both payer and the taker, confiscate ill gotten wealth, provide speedier trial, avoid unwanted formalities for filing a complaint and guarantee public grievance mechanism. Recently when assembly elections were held, crores of rupees were spent by each candidate of the constituencies for campaigning. In many states, freebies are given to voters to win the elections. All these are different manifestations of corruption. A very effective way to end corruption is to reduce the money power in elections. Crores of rupees are deposited as black money by many influential people abroad. This unaccounted money should be brought back. These reformations if enforced can provide that extra impetus needed to curb corruption along with the Lokpal bil. In August 2010, the Parliament approved the Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, which enables the CVC to provide harsh penalty to people revealing the identity of whistleblowers41. Apart from the above mentioned governmental initiatives, India has also initiated various other measures to combat the menace of corruption such as Whistleblower Policy Resolution, CVCs National Anti Corruption Strategy, National e-governance plan etc. Currently, few bills have been proposed to bring the Indian regulatory framework in line with international requirements e.g. The Prevention of Bribery of Foreign Public Officials (FPO) and Officials of Public International Organizations (OPIO) Bill 2011. On the whole, by signing the G-20 Anti Corruption Plan, which requires India to ratify and fully implement the anti-corruption convention by taking on an obligation to check corruption in the private sector42, the country has clearly signaled to the world its commitment to tackle this issue. It is a fact that bribery and corruption is a growing threat that has the potential to adversely
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Section 4(1)(b), Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010.

42

OECD, G20-OECD Conference: 'Joining forces against corruption: G20 business and government, http://www.oecd.org/document/.html accessed March 30, 2012.

COMBATING CORRUPTION impact Indias economic growth and image to the world. Very little change can be expected unless concrete steps are taken in the enforcement of existing provisions under law to prevent bribery and corruption. The fact that the top brass is not free from the cankers of corruption is once again reiterated by the shocking revelations of Army Chief Gen V K Singh that he had been offered a 14-crore bribe six months after he took office, which has currently taken a dirtier turn with mudslinging on Government, especially the Defense Ministry, by virtue of a letter written by the Army chief to the Defense Minister on alleged irregularities and corruption inside the army being leaked into the public domain43. A report that was submitted by the state minority commission to Karnataka Chief Minister D V Sadananda Gowda alleges that the wakf board, in association with various leaders who were part of the earlier Congress government in Karnataka, had sold off nearly 22,000 acres of land in prime areas and earned a whopping Rs 2 lakh crore44. From the time I have started penning this article, atleast three new corruption scandals have surfaced either involving the elite or plundering the country of whopping sums. The magnitude of corruption is surging in such a manner that it is threatening the very existence of our democracy itself. It is worthwhile to note the effective role of media, popularly known as the watchdog of democracy and the fourth estate, in curbing corruption by means of investigative journalism, sting operations, holding debates and opinion polls. If we cannot make India corruption-free, then the vision of making the nation develop by 2020 would remain as a dream." said Dr. A.P.J.Abdul Kalam. Nowadays, we see that corruption has become a way of life for the citizens. There is an unquestionable need for shift in the attitudes of people. We must be conscientious enough to realize that we need not pay under the table to get our due in a democratic country. This realization should be the primal step in combating corruption. What we now lack is a serious attempt to raise a new generation of citizens who will just not pay bribes whatever be the pressures of an occasion. How do we bring about a change in the mind-set? If a country is to be corruption free and become a nation of
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The Times Of India, Army chief confirms bribe offer to CBI, gives no details , March 30,2012. The Times of India, Wakf Board land scam: Rs 2 lakh crore scam surfaces in Karnataka , March 27, 2012.

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COMBATING CORRUPTION beautiful minds, I strongly fee there are three key societal members who can make a difference. They are the father, the mother and the teacher quotes Dr. A P J Abdul Kalam. They must make sure that the younger minds are not corrupted by the noxious cancer of corruption. Incremental measures alone pave the way for major attitudinal changes. If we do not act now, we will go down in history as one of those nations that failed, only because it did not care for enduring values. We should do all that we can to prevent corruption from spreading 'like wild fire to engulf the entire society. Lets envision a Corruption free India and sturdily strive for making that dream come true.