02 Corruption

World Bank: corruption is abuse of public funds or public office for private gains
Prevention of Corruption Act 1988: no specific definition of corruption has been provided but certain activities are termed corrupt eg
- acceptance of illegal gratification as motive for doing or not doing official act
- obtaining valueable gift without consideration
- favoring/ disfavoring person w/o consideration of merit
- obtaining resources or property disproportionate to income
- obtaining monetary advantage from person w/o serving any public interest
acc to above law, focus is largely on gratification and pecuniary advantage

However, range of activities detrimental to public interest, which needs to be included as corrupt acts:

use/abuse of confidential info for pvt purposes
favoring relatives/friends in awarding contracts
accepting outside employment while working in civil services
wasting public money by exorbitant private spending
gross perversion of constitutional provisions & democratic values
interference in decision making to secure positions and promotions for one’s supporters
manipulation in purchase of machinery, property, equipment etc
protecting the incompetence of subordinates due to favoritism
Corruption is akin to cancer, how a cancer cell spreads and destroys the entire body, corruption destroys the society.
Corruption is more like AIDS, as it weakens the immune system.
People’s indifference is the best breeding ground for the corruption to grow.
Corruption is the enemy of development and of good governance.
If country is to be corruption free, three key societal members have to make a difference, the father, the mother, and the teacher.

Factors responsible for Corruption in India

Historical Factors
- British admin system was excessively corrupt
- legacy continues to affect current operation
Societal Factors
- Corruption has become acceptable phenomenon with no resistance
- breakdown of family & societal values
- increased emphasis on materialism
- overall decline in morals, ethical standards
- ethics severely compromised in field of education eg cheating in exams
Institutional factors
- concentration of vast discretionary powers in hands of state
  - licence raj legacy
- CSer often carry low image of themselves & $∴$ make peace with corrupt behaviour as it suits their self image
- honest CSer served with adverse consequence $∴$ demoralizing them sigificantly
- Govt procedures extremely complicated, $∴$ difficult to avail govt services, as a result, citizens try to find easy ways to get around system
- low risk high reward activity
  - due to ineffective criminal justice system
Political factors
- increased role of money & muscle power in electronics
- politics has become business
  - politicians try to recover election expense after assuming power
- retaining power become most imp factor in politics
  - pol parties do not refrain from horse trading

tax collection suffers
discourage foreign investment
- ease of business affect
crony capitalism distorts level playing field, adversely affects small business
- discourage innovation, entrepreneurship
low compliance with regulations, $∴$ reducing quality of govt services & infra

drains society of moral, ethical, mental energy incl. willpower of honest stand up against wrongs in society
destroy social capital and ppl end up becoming more distrustful of each other
welfare schemes & programs suffer & benefits do not reach intended beneficiaries

criminalization of politics as well as increases role of money and muscle power in elections
erosion of faith in institution of democracy

Prevention of Corruption Act
- Section 7 of PoCA must be amended to include offence of collusive bribery
- may be defined as txn where txn outcome leads to unexplained loss for state/public
- definition of bribery expand to incl. acts
  - wasting public money
  - obstructing justice
  - gross violation of constitutional provisions
- prior sanction should not be necessary in those cases where accused has been caught red handed or if assets posessed is disproportionate to income
- must be made high risk, no gain activity
- all ill gotten money be confiscated and used for public use
- speedy trial, daily hearing
- whistleblower protection act

revive Lokpal
- enforce commitment at UNCAC
provision of Delhi Special Police Establishment Act needs to be amended to free from CBI from Govt control
prosecution in corruption cases be carried by empanel held after consulting lokpal

embargo put on post retirement assignments for top position holders at nationally imp & sensitive institutions
risk profiling be carried out for all govt job to determine offices that are vulnerable to high risk of corruption
- officers w/ impeccable track record be appointed here
govt orgs should streamline procesess & should be suitably rewarded for same
dept manuals should be revised to reduce discretionary powers in hands of civil servants
adopt IT measures for transparency & efficiency
integrity pacts should be made mandatory
- eg. ONGC signed IP with CVC & Transparency Intl.

fundametnal dueties be brought to life
- value edu in school, clg
active involvement of CSO to create awareness among masses to enforce greater accountability standards
ensuring independence of media by introducing cross media ownership norms