Chapter Second

7/31/2019 Chapter Second

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I. Causes, Consequences and Dimensions of Corruption inIndia.

A. Causes of CorruptionThose back (a). Political Patronage

The biggest cause of corruption in todays India is undoubtedly the political

leadership at the helm of affairs in the country. From this fountainhead of

corruption flow various streams of corrupt practices which plague the political,

economic and social activities in the country. The post-independence political

leadership has risen from the grassroots level in the form of regional, caste,

linguistic and other protest movements. They have transformed the nature of

politics and administration. Amoral politics, self-aggrandisement, disregard of the

constitutional norms in the pursuit of power, political survival at any cost are their

rules of the game. They interfere with the administration of justice and have bent

bureaucracy to do their bidding.

The A.D. Gorwala Report was one of the earliest official documents that

laid bare the problem of corruption in India. For Gorwala, character building was

the basis of state building and the decline in character in India had two

immediate causes in the post-1947 period. The first was the impact of the War.

World War II was an expression of violence and also of greed. Though many

people shared in the war effort, for most it was not their war. The war was boom

time, and people benefited legally and illegally from it. Gorwala added to that the

failure of the national movement to leave behind a spiritual residue among the

people (Vishwanathan and Sethi 1997).

The Gorwala Report was particularly harsh on the role of the political

leadership in setting examples before the public. Enquiries into allegations have


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been made by senior all-India leaders of the principle party. Often they have

remained secret. Nor action was taken. It seems fairly clear that if the public is to

have confidence that moral standards do prevail in high places, arrangements

must be made that no one, however highly placed, is immune from enquiry if

allegations against him are made by responsible parties and if a prima facie case

exists. There should be no hushing-up or appearance of hushing-up for personal

or political reasons. (India, 1951).

For the Railway Corruption Enquiry Committee, chaired by J.B. Kriplani,

corruption was a failure of citizen ship. Whether it was the bribe, ticket less travel

or theft, all these were acts which undermined the state. The report ruthlessly

listed the categories of people who refused to pay and their attitude towards it.

Politicians and senior bureaucrats were among those who claimed exemption

from paying for travel on account of their status. The report therefore went on to

insist that apart from administrative reforms, and punitive measures, there is a

great need for higher officials to play the leaders in a reform movement. (India,

1955).

The strange part of the story of the early years of corruption in India is that

the protection that Jawaharlal Nehru extended to his corrupt colleagues did not

benefit him any way. Wealth could not tempt him in any form, and he had a

typical aristocrats disdain for money. However, by condoning high-visibility cases

of corruption and shielding the guilty, Nehru legitimized graft in high places, and


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this undermined the rule of law and the moral basis of the polity (Noorani 1973).

After Independence their was a pressing need to strengthen the needs of the

state, establish high norms of political morality, and make no exceptions in the

punishing the culprit. There are a few failings for which India has paid so heavy a

price as his tolerance of corruption among his colleagues and party m en. (Gill,

1998).

The role of political leadership in aiding and abetting spread of corruption

in India was most clearly brought out by the Shah Commission of Enquiry

constituted to look into the excesses committed during the period of Emergency

(!975-77). Justice Shah reserved his most damning observations for the role that

Sanjay Gandhi, son of Indira Gandhi, played subverting rule of law in the country.

Shah noted: The manner in which Shri Sanjay Gandhi functioned in the public

affairs of Delhi in particular is the single greatest act of excess committed during

the period of Emergency for which there is no parallel nor any justification for

such assumption of authority or power in the history of independent India. While

the other acts and excesses may have been in the nature of acts committed by

functionaries have some shadow of authority acting in excess of their powers.

Here was a case of an individual wielding unlimited powers in a dictatorial

powers without even the slightest right to it. If this country is to be rendered safe

for future generations the people owe it to themselves to ensure that an

irresponsible and unconstitutional centre of power like the one which revolved


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around Shri Sanjay Gandhi during the Emergency is not allowed to ever come up

again in any form or shape or under any guise. (India, 1978).

The nexus between corrupt politicians and corrupt bureaucrats has been

clearly proved in recent years by scams like the Animal Husbandry (fodder) scam

in Bihar (in which the former Chief Minister, some of his ministers, legislators of

the ruling and opposition parties and several senior bureaucrats were charge

sheeted by the C.B.I.), Coal scam in Tamil Nadu (involving the then C.M. Ms.

Jayalalitha), Urea scam (involving the son and a relative of the former Prime

Minister Narasimha Rao), Telecom scam (involving the Union Telecom minister

Sukh ram) etc. Since the corruption flows down from the top it is not easy to stop

it or limit it, and it has a devastating effect on the administration and the society in

general.

(b). Administrative Labyrinth

Cumbersome and dilatory administrative procedures and practices are

another major cause of corruption in India. Indias legal and administrative

system was designed in the middle of the nineteenth century to serve the

interests of colonial administration. The Indian Penal Code, the main instrument

for controlling crime and administering criminal justice, was enacted in 1860. The

organization and functions of the police are governed by the Indian Police Act of

1861. The Indian Evidence Act came into force in 1872. The Indian Telegraph

Act, which regulates the control of air-waves and licensing of broadcasting

facilities, was passed in 1855-even before the invention of the wireless.


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Fundamental Rules and Supplementary Rules, the financial Bibles for all

government financial transactions, were framed in the twenties when the

governments financial transactions and commitments were very simple.

The British had designed this legal system to strengthen a regulatory

colonial administration. These laws were based on distrust of the natives and a

firm belief in their inability to govern themselves. It has in built provisions for

delays, prolonged litigation and evasion. Its provisions are ideally suited to the

promotion of corruption at all levels, as graft provides the quickest immunity from

delays and punitive action. Thus archaic legal system is not only least suited to

the promotion of a democratic, egalitarian, welfare state, it fosters an outlook

which is subversive to social equity. The focal point of colonial justice was the

individual and the protection of individual property rights whereas the emphasis

of a welfare state is on the rights of the society and social justice.

(c). Lack of Punishment

A contributory factor to the growth of corruption in India is that the cases

relating to corruption are often handled in a casual and clumsy manner. Those in

hierarchy vested with disciplinary powers shirk duty and show unwillingness to

use their powers against corrupt practices. This may be due to different reasons

like political or trade union pressure, vested interests, or sheer ineptitude in

handling criminal investigation. The result is that the corrupt are rarely caught

and even if caught are let off with minor or no penalties. The government officials


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entrusted with the responsibility of dealing with corruption do it in a most

inefficient and lethargic manner and this suits the political leadership which

patronises corruption.

The judicial system is so expensive, dilatory, and inefficient that it takes

years and years for corruption cases to be decided. The infamous Harshad

Mehta case of organised corruption in the stock exchanges of India, in which

small investors lost thousands of crores of rupees, has been in the courts for

almost a decade now and as yet there is no indication of its nearing any decision.

The result of such inordinate delay is that the accused often escape punishment

because a long time span has an adverse effect on the evidence in a case. The

conviction rate in the Indian courts is only 6%. There are three crore cases

pending in the Indian courts and average time taken for disposal of cases is from

10-20 years (Vittal 1999). Justice delayed is justice denied in most cases of

corruption.

(d). Social Environment

Public administration is a sub-system of the political system which itself is

a part of the larger whole called the social system. Therefore the societal culture

or societal environment has powerful impact on public administration. Put

differently, administration cannot be plucked out from the tissue of culture in

which it is embedded as a member of the wide societal system. A bureaucrat


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C. Linking of Corruption with Human Rights

reflects the spirit and ethos of that society, and his actions are bound be the

manifestation of his cultural moorings.

In present day India, corruption has found an acceptance in the social

psyche and behaviour. Social evils like bribery, nepotism and favouritism have

come to be accepted in the society. People often approach someone known to

them for favours which they know are not legally due to them. Jumping the traffic

lights or a queue or getting the benefits not due to one has become part of social

ethos. A person who has acquired wealth through unfair means is often accorded

the same, if not higher, status in Indian society as that given to persons of

excellence.

B. Impact/Consequences of Corruption

In the final analysis, corruption is as much a moral as a development

issue. It can distort entire decision- making processes on investment projects and

other commercial transactions, and the very social and political fabric of

societies. The Supreme Court of India in a recent judgement gave its comments

on the far reaching effects of corruption, and these comments deserve to be

entioned in some detail. The apex court observed that, " Corruption in a

civilised society is like cancer, which if not detected in time is sure to malignise

the polity of the country leading to disastrous consequences. It is termed as a

plague which is not only contagious but if not controlled spreads like a fire in a

ungle. Its virus is compared with HIV leading to AIDS, being incurable. It has

also been termed as royal thievery. The socio-political system exposed to such a

dreaded communicable disease is likely to crumble under its own weight.

Corruption is opposed to democracy and social order, being not only anti-people,

but also aimed and targeted at them. It affects the economy and destroys the

cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause

turbulence shaking of the socio-economic political system in an otherwise

ealthy, wealthy, effective and vibrating society" (AIR 2000, SC 870).

(a). Economic Development

Some fairly robust statistical evidence has now been furnished showing

that higher corruption is associated with (i) higher (and more costly) public

investment; (ii) lower government revenues; (iii) lower expenditures on

operations and maintenance; and (iv) ensuing lower quality of public

infrastructure. The evidence also shows that corruption increases public

investment, by making it more expensive, while reducing its productivity.

A recent study by the Peruvian economist Paolo Mauro (1995 and 1998)

found that a corrupt country is likely to face aggregate investment levels of

approximately 5 percentage points less, than a relatively uncorrupt country. The

evidence from India is particularly stark. If corruption levels in India were reduced

to that in the Scandinavian countries, investments rates could increase annually

by some 12 percent and the GDP growth rate by almost 1.5 percent each year

(Gandhi 1997). Corruption also acts as an additional tax on investment by

lowering the potential return to an investor on both the initial investment and on

subsequent returns. In India, current corruption levels mean that the implicit

corruption tax on investment is almost 20 percentage points (Gandhi 1997).

The impact of corruption on the quality of public infrastructure is all too

clearly visible in the towns and cities of India. The Public Works Department and

the State Electricity Boards which are largely responsible for the maintenance of

oads and management of power distribution respectively, are among the most

corrupt government departments in India. In the capital city of Delhi itself the

transmission and distribution losses in the power sector are estimated to be over

50% out of which almost 30% is attributed to theft which is done with the

connivance of the electricity board employees. A former Chairman of the Delhi

lectricity Board (DVB) was very recently suspended and charged with amassing

assets worth over 14 crore rupees, which is almost a hundred times more than

is known sources of income. Such massive corruption is certainly one of the

ain reasons for perennial power shortages and frequent breakdowns in the

capital.

Corruption also reduces the governments resources and hence its

capacity for investment, since tax revenues are depleted by tax evasion (Jain

1998, Shahid 1991). This has two adverse effects: first, shifts away from

investments in development areas occur as bribe-takers are less likely to invest

in activities with significant positive social benefits like education and health.

Second, overall investment levels may fall, since conspicuous consumption or

flight of illegal earnings is probably higher than legal earnings. The high potential

for capital flight of illegal earnings makes corruption more likely to be associated

with a negative impact on the balance of payments (HDC 1999).

Indias Chief Vigilance Commissioner recently observed that, Indias

economy today is a standing monument to the corruption and inefficiency of four

specific departments, namely, Customs, Central Excise, Income Tax and

Enforcement Directorate. It is the evasion of taxes and the failure of these

departments to check illegal activities that has crystallised into the large

percentage of black money in the economy. The quantum of black money has

been estimated from Rs.40,000 crores to Rs.100,000 crores. Whole industries

B. Impact/Consequences of Corruption

In the final analysis, corruption is as much a moral as a development

issue. It can distort entire decision- making processes on investment projects and

other commercial transactions, and the very social and political fabric of

societies. The Supreme Court of India in a recent judgement gave its comments

on the far reaching effects of corruption, and these comments deserve to be

entioned in some detail. The apex court observed that, " Corruption in a

civilised society is like cancer, which if not detected in time is sure to malignise

the polity of the country leading to disastrous consequences. It is termed as a

plague which is not only contagious but if not controlled spreads like a fire in a

ungle. Its virus is compared with HIV leading to AIDS, being incurable. It has

also been termed as royal thievery. The socio-political system exposed to such a

dreaded communicable disease is likely to crumble under its own weight.

Corruption is opposed to democracy and social order, being not only anti-people,

but also aimed and targeted at them. It affects the economy and destroys the

cultural heritage. Unless ni ed in the bud at the earliest, it is likel to cause

today depend on black money. The film industry, a substantial part of the

construction industry and a large number of small industries are run on the basis

of black money " (Vittal 1999).

(b). Social Welfare

The damaging effects of corruption on investment and economic growth

are widely recognised. But corruption also has adverse effects on human

development. First, corruption reduces the availability and increases the cost of

basic social services. Access to core social services can be easily restricted with

the intention to make corrupt gains. For instance, a government doctor may

deliberately store away free medicines until he is bribed, a police inspector may

deny a First Information Report to a victim until he is paid a kickback, and a

principal may refuse to admit a child in a school until he is paid under-the-

counter. Since obtaining access to basic public services normally requires an

illegal cash payment, corruption also raises the price of these services.

Second, in addition to a decrease in total government expenditure (due to

tax evasion), corruption also shifts government expenditure from priority social

sector spending to areas, where the opportunities for rent-seeking are greater

and the possibilities for detection are lower. Allocating government funds to a few

large defense contracts or mega-projects may seem more attractive to corrupt

bureaucrats and politicians than spending the same money to build numerous

ural health clinics (Bardhan 1997). Similarly, there may be a temptation to

awe and respect to the corrupt. Such


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This chapter provides analytical tool that should assist in determiningwhen and how violation of human rights and acts of corruption can be connected. It

begins with a description of scope and content of different human rights that have

been develop by international human rights bodies1. It goes on to provide specific

example of how the content of specific rights can be violated by acts of corruption,

as the latter have been defined by the UNCAC. This is one of the several stages

necessary to determine the links between acts of corruption and violation of human

rights that we defined in the previous chapter.

The chapter takes a human rights perspective and speaks

in human rights language. The aim is to assist human rights organizations to

address impact of corruption of human rights, and to introduce international human

rights standards to anti-corruption advocates.

For practical reasons this report refers to human rights that have been

recognized in widely ratified international human rights treaties, such as the

international covenant on civil and political rights (ICCPR),the international

covenant on economic, social and cultural rights (ICESCR), ands the convention on

the Rights of the child (CRC), each of which imposes binding obligation on state

parties.

(a). When corruption may violate the principles of equality and non-

discrimination

The principles of equality and non-discrimination are fundamental

principles of human rights. The principle that every individual is equal before the

law and has the right to be protected by law on an equal basis is affirmed in all

the main human right treaties. These principles do not imply, however, that every

difference in treatment implies discrimination. It is not discriminatory to

differentiate, for example, if the criteria used are reasonable and objective, and

the purpose is legitimate. Affirmative action, and other forms of preferential

initiative, for instance, do not necessary violate the principle of non-

discrimination and in some Instances may be required in order to remove

discrimination.

The UN Human Rights Committee has defined discrimination

as any distinction, exclusion, restriction or preference which is based on any

ground such as race, color, sex, language, religion, property, birth or other status,

and which has the purpose or effect of nullifying or impairing the recognition,

enjoyment or exercise by all persons, on an equal footing of all rights and

freedom.2 At the same time, discrimination can take place even if no specific

right(apart from the right to equality ) is affected. Article 26 of ICCPR prohibits

discrimination in law and in fact in any field regulated and protected by public

authorities.

1 Liking of Corruption with Human Rights, www.international council of Human Rights,p.12 HRC, General Comment No.18,p.7


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(b). When acts of corruption may violate the right to a fair trial and to an

affective remedy

The rights to a fair trial is established in several human rights treaties as well as

domestic legislation (e.g ICCPR, Article 14: ECHR, Articles 6 and 7; ACHER, Articles

8 and 9; and ACHPR, Article 7). It is composed of a board range standards that

provides for the fair, effective and efficient administration of justice.These standards address the administration of justice including the rights of the

parties involved, the efficiency of procedure and effectiveness. We address each

below. Again, it should be noted that, when referring to the scope and content of

right to due process, we are applying standards to human rights supervisory bodies

have developed on the basis of treaties that are binding on state that have ratified

them.

i. Standards relating to administration of justiceThese standards require compliance with several principles, including the

independence, competence and impartiality of tribunals. Corruption may jeopardize

judicial independence in several ways. Corruption in appointment process, for

example, will interfere with principle in several respects. Political interference in the

judicial system occurs when those in political power use their influence (including

treat intimidation or bribery) to force or induce a judge (or other court official) to act

and rule according to their interests and not in accordance with the application of the

law.

ii. Standards related to the rights of the parties involvedOther standards protects the rights of parties to a trial. Individuals rights and

principles related to a fair trial: the right to a public hearing and pronouncement of

judgement; equality of arms ; presumption of innocence ; freedom from compulsory

self-incrimination; the right to know the accusation; adequate time and facilities to

prepare a defence; the rights to legal assistance; the right to examine witnesses; the

right to an interpreter; the right to appeal in criminal matters; the right of juvenile

offenders; no punishment without law; ne bis in idem (not to be punished twice for

the same); and the right to compensation for miscarriage of justice.

iii. Standard related to efficiency of procedureStandards that refer to efficiency require that hearings take place within reasonable

time. According to human rights bodies, the determination of the meaning of undue

delay or expeditious procedure depends on the circumstances and complexity of

the case as well as the conduct of the parties involved . The right to be tried without

undue delay will be infringed if , for example a judges is bribed to delay the

proceeding as much as possible. Although in this case the right to a fair trial would be

infringed by the bribe itself, in cases where there is insufficient evidence to prove a

judge has been bribed, violation of the requirement that hearings should take place ina reasonable time may enable to corrupt process to be challenged.

iv. Fair trial when investigating corruptionThe right to a fair trial should naturally also be respected in corruption cases. The

international council second report will discuss in more details how corruption may

be to the potential tensions between effective investigation of corruption and

adherence to human rights principles, and signal the important elements that need to

be bourne in mind if anti-corruption investigations, prosecutions and punishment are

to comply with human rights. In really, reconciling anti-corruption, practices with

human rights does not present insuperable difficulties; on the contrary, if care istaken, there is no reason why good anti-corruption practices should not be consistent

with human rights.

v. Vulnerable groups and the right to a fair trialSeveral factor prevent vulnerable and disadvantaged people from gaining access

courts and tribunals: they include economic costs, lack of information, complex and

bureaucratic procedures, barriers of languages and geographical distance. From a


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human rights standards perspective, it is important to consider the effect of judicial

corruption on vulnerable and disadvantaged groups, because judicial system that

require citizens to pay bribes effectively exclude those4 who are very poor from

access to justice, denying them opportunities to settle disputes impartially with

neighbours or the authorities. Because they are generally poorer that men, women

tend to bear the brunt of such injustice. According to human rights standards, states

should adopt appropriate and effective legislative and administrative procedures and

other appropriate measures that provide fair, effective and prompt access to justice.

vi. The right to an effective remedyThe right to an effective remedy is guaranteed by most international human rights

instruments (e.g ICCPR, Article 2(3); CEDAW, Article 2 and 3; CERD Article 6; ICESCR,

Article 2 and 3; CRC, Article 12, 13 and 37(d)). It asserts that, when a human rights

violation occurs, a state has duty to provide victims with an effective remedy. Failure

to do so can create a climate of impunity particularly when states intentionally or

regularly deny remedies.

States are under an obligation to provide accessible, effective and enforceable

remedies to uphold civil and political rights. A person claiming a remedies is entitledto have his or her claim determined and enforced by a competent domestic authority,

and states must ensure that this can occur. Ending an ongoing violation is also an

essential element of the right to an effective remedy.3

(c). When corruption may violate the rights of political participation

From a human rights perspective, the right to participation affirms that all

citizens should be entitled to engage in decision-making processes thataffect them. The major political expressions of the rights to participation

are the freedom to vote and stand for election, the right to equal access to

public services, and the freedoms of association and assembly. These

rights are enshrined in several human rights treaties (such as ICCPR,

Article 25; CEDAW, Article 7;ECHR, Article 3 of the first protocol; ACHR,

Article 23; and ACHPR, Article 13).

(d). When corruption may violate economic, social and cultural rights

It is especially important to give attention to the impact of corruption on

economic, social and cultural rights. Corruption is likely to violate

enjoyment of these rights because, as we will see, states have accepted,

under human rights law, a wide range of duties to provide or regulate

public service in relation to health, housing, water and education. These

services generate large public contracts which not only create

opportunities for corruption, but have a disproportionate impact on

vulnerable and disadvantaged groups, in particular women.

i. Progressive realizationThis issue merits specific analysis because it applies explicitly to all economic,

social and cultural rights. When states ratify the ICESCR, they accept a general

legal obligation to take steps to the maximum of their available resources to

progressively achieve the full realization of economic, social and cultural rights

(ICESCR, Article 2).

ii. The prohibition on taking deliberately retrogressive measuresThe UN committee on Economic, Social and Cultural Rights (CESCR) has noted

that any deliberately retrogressive measures [] would require the most careful

consideration and would need to be fully justified by reference to the totality of

3 HRC, General Comment No. 31, p.15


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the rights provided for in the covenant and in the context of the full use of the

maximum available resources.

iii. The duties to accord a degree of priority to human rights in theallocation of resourcesBecause resources are always limited, states need to priorities. While they are

entitled to decide where and how they allocate their resources, while they ratify

human rights treaties, in particular the ICESCR, states assume obligation that limit

their discretion.

iv. The principles of availability and accessibilityThe practice of human rights has led to the development of standards for

measuring fulfillment of social rights. Four standards availability, accessibility,

acceptability and adaptability are generally used to assess the delivery of public,

services such as health, education, housing, food and drinking water.

v. The three levels of states obligationsAs mentioned, states have an obligation to respect, protect and fulfill human

rights. Regarding economic, social and cultural rights (ESC Rights), the obligation

to respect requires states to refrain from interfering directly or indirectly with

these rights. The obligation to protect requires states to prevent third parties

from interfering in anyway with enjoyment of ESC rights. The obligation to fulfill

requires states to take positive measures to assist

individuals and communities to enjoy their rights.

(e). When corruption may violate the right to food

The right to food, also referred to as the rights of everyone to be free

from hunger, is a component of the more general right to an adequate

standard of living (ICESCR, Article 11(2)). The right to adequate food

asserts that all people should be in a position to feed themselves.

i. Core content of the right to foodAccording to the CESCRs General Comment 12, the core content of the right to

food implies that food should be made available in a quantity and quality that

Individuals should be able to feed themselves from distribution, processing and

market system should be able to move food from the site of production to where it

is needed in accordance with demand.

(f). When corruption may violate the right to adequate housing

The right to adequate housing derives from the right to an adequate

standard of living. It focuses on the obligation to ensure that everyone

has housing that is safe, healthy and adequate (ICESCR, Article 11(1).

In addition, the right forbids discrimination in the field of housing, as

well as forced or arbitrary evictions or acts of unjust dispossession.4 The

right to adequate housing does not entail that the government has o

build housing for the entire population or that housing access.

i. Core content of the right to housingThe core elements of the right to housing have been defined by CESCR General

Comment No. 7. All persons should possess a degree of legal security of tenure,

4 E/CN, 4/2001/53, P.69


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guaranteeing protection from forced eviction, harassment and threats. Housing

must also be affordable: the price of housing should not be so high that

households cannot meet other basic needs.

(g). When corruption may violate the right to health

The right to health is included in several human rights treaties. Most

notably, Article 12 of the ICESCR established the right to the highest

attainable standards of physical and mental health, defined as the

right to the enjoyment of variety of facilities, goods, services and

conditions necessary for the realization of the highest attainable

standards of health.5 While this right is broad, does not imply that

people have a right to be healthy.

i. Core content of the right to healthThe core elements of the right to health are set out in CESCR, General Comment

No. 14. Health facilities, goods and services as well as programmes must be

made available in sufficient quantity. States therefore needs to ensure that the

availability of health goods and facilities is not negatively affected by acts of

corruption which, in the health sector, can have mortal consequences.

(h). When corruption may violate the right to education

The right to education is guaranteed in several international

instruments, notably Articles 13 and 14 of the ICESCR and Articles 28

of the CRC. In general terms, this right has two main dimensions. The

social dimension affirms the right to receive an education that reflects

the aims and objective identified in Article 13(1) of the ICESCR. States

are required to make various levels of education available (primary,

secondary and higher) and these should be easily accessible to all.

i Core content of the right to educationThe core elements of the right to education are availability, accessibility,

acceptability and adaptability (CESCR, General Comment No. 13).

Availability requires states to ensure free and compulsory primary education

to all, while secondary and higher education must be made available and

accessible to all through the progressive introduction of free education. In

addition, the provision of educational institutions and programmes must beadequate, and educational institutions and programmes must be equipped

with what they need to function (building, trained and paid teacher, teaching

materials, sanitations, drinking water, etc.).

(i). When corruption may violate the right to water

The right to water and the right to an adequate standard of living

are linked. Access to clean water is essential for fulfillment of theright to an adequate standard of living (ICESCR, Article 11) and the

right to health (ICESCR, Article 12). Without it, these rights are not

attainable.

5 CESCR, General Comment No. 14.


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i Core content of the right to waterThe core content of the right to water is analysed in CESCR, General

Comment No. 15.Availability. each person has the right to a water

supply that is sufficient and continuous for personal and domestic use

(such as drinking, personal sanitation, washing of clothes , food

preparation, personal and household hygiene). Water must be of

adequate quality. Water for personal or domestic use must be safe and

free from micro-organisms, chemical substances and radiological

hazards that constitute a threat to health.

(j). When embezzlement of funds allocated to social

programmes may violate human rights

The claim that corruption violates human rights is usually

based on reasoning that money lost to corruption could have

been used to buy medicine, equip schools or supply water. It is

therefore useful to analyse embezzlement in more details,particularly the embezzlement of funds allocated to social

programmes. This corrupt practice may affect a wide range of

human rights.

As described earlier, the right to health (ICESCR, Article 12) is

usually understood in terms of the availability, accessibility,

acceptability and quality of public health and health-care

facilities, goods, services well as goods and services, have to

be available in sufficient quantity, must be accessible to

everyone without discrimination, and must be scientifically

and medically appropriate and of good quality. Most corruption

cases affect several of these elements. This is particularly true

in the case of embezzlement of public funds by public

officials.

imensions of corruption

The forms and dimensions of corruption are constantly changing with the exposure of new deals in corrupts practices day by day. Bribe,

e, nepotism, favouritism, misappropriation, transfer, and appointments of officials at lucrative posts, procuring goods or services at rates highe

e prevailing in market with a view to getting the cost of state exchequer including, installing statutes of their political mentors enmasses, and

ent machinery, not paying dues of IAF aircrafts and illegal occupation of government accommodations etc. are some of the manifested forms o

n.6

litical corruption in India

There are many challenges to Indian politics such as communalism, regionalism, casteism, terrorism, corruption, linguism etc. putting our

cy at stake. Corruption is the most serious threat riding into the rank and file of our system. The canker of corruption is eating into the vitals o

and spreads like cancer in the body politics, making its defence mechanism hollow. It is the cause of immense concern not only for the

als and the media, but also for the high officials of the country. The gravity of the problem can be understood of the speeches of the President

e minister delivered on the various occasion to fight the demon of corruption. While addressing a conference of Governors, Mr. K.R. Naryanan

President of India indicated the rising nexus among politicians, bureaucrats and criminals, and advised them to use their constitutionals powe

ence against it. At the time of golden jubilee of the Election Commission on January 17 2001, he further expressed deep concern about

g role of money, muscle and mafia in our elections. Forms and manifestations of corruption are beyond description and new methods are

spontaneously.

orruption exists in various forms in different parts of governmental machinery. It has tightened its grip not only on legislature and bureaucracy,

has taken judiciary into its clutches. Even the constitutionals bodies like comptroller and Auditor General, Union Public Service Commission,lection Commission, State Public Service Commission, Attorney General etc. cannot claim to be above board. Corruption is not a ne

non, way back in 200 B.C. Kautilya meticulously described forty (40) different types of corruption in The Arthashastra. He has rightly remarked

is impossible not to taste honey or poison when it is at the tip of the tongue, so also it is impossible for a minister or a government servant not

a bit of government revenue. And just as it cannot be found whether a fish swimming through water drinks or not, so also government servants

e found out while taking money for themselves.

6 Rajbir Singh, Corruption In Indian Politics, Punjab Journal Of Politics vol XXVII No.2,Jan-Dec 2003,p.71


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It is almost impossible to describe all types of corruption in this write-up. Still a modest attempt has been made to highlight the concept o

n emphasizing its political aspect, its various dimensions, historical perspectives of corruption in modern Indian politics, its causes and

ns on our polity, and remedial steps taken so far to counter the menace with certain suggestions.7

While a great deal has been said of administrative corruption , little attention was paid till recently towards the behavior of elected publi

official and those aspiring for elected offices. The decline of the congress party along with the disappearance of tall leaders who kept

national interest ahead of everything as saw the growth of regional parties and pulp culture where regional and personal interst tended t

stand above all else. Public office is often seen as a good source for private gain. Political parties also have successfully helped criminalize

politics and politicize crime. For example, in 2002 for the 403 seats in the states of Utter Pradesh Legislative assembly there were 91

candidates from all parties contesting, 430of whome were accused of assorted . Crimes ranging from murder , rape, kidnapping for

ransome, dacoity. A Dhanjay Singh won the election despite the fact he was the Contract Killer with 43 different criminal cases pending

against him including being the prime suspect in the murder of the States Medical Health Director, Dr. Bicchiter Singh.of those elected, 190

have had criminal records leading to a caustic comment that they might as well form the Govt. by themselves, as they had a near majority.8

In recent memory, former Prime Minster Rajiv Ghandi and P.V Narasimha Rao, besides other cabinet Minister, were accused of large scale

corruption even the former speaker of Lok Sabha , Balram Jhakar, faced major corruption charges. There were at one time as many as 4

different corruption case pending before three special courts against the Chief Minister of State of Tamil Nadu, Jai Lalita Jayaraman . Bihar

Chief Minister Lalu Parsad Yadav was forced to resign his office pending major corruption inquires into but is known as the fodder scam which

is yet to be resolved in 2008.

Such state of affairs provoked the Election Commission to remark that Lawbreakers have become Lawmakers. It is argued that the electorat

cannot make an informed judgment on the candidate running for office unless all the antecedents of each candidate are make public. To thi

end the Association for Democratic Reform, comprising of several civic groups, went to court demanding the disclosure of the background of all

candidates, as was recommended by the Law Commission in its 170 th reports. The Vohra Committee in 1993 also thought the same. On

Nov. 2,2000, The Delhi HighCourt obliged and directed the election commission the issue directives accordingly. The Supreme Court in it

May 2,2002 decision , however, upheld the right of the voter to know the details on the candidates, and ruled that where the legislation EC can

indeed step in with direction. Consequently, asserting the importance of transparency in a democracy , the EC gave the necessary direction t

the effect that all candidates running for the legislature (be at the States level or to Parliament) should file and affidavit before the EC full

details of their passed record on five counts any conviction, acquittal , or discharge of any criminal offence in the last six months prior to filling

their nomination paper, any accusation in pending cases punishable with imprisonment of two or more years , assets (both movable and

immovable ) of self and those of spouses and dependant as well any liabilities, particularly any dues payable to public financial institution or

Govt. , and the educational qualification of one self.

But the Govt. of India, Joined by 21 other political patties, thought otherwise and came up with a watered down Ordinance ( as the

Parliament was not in session) on the August 24,2002, amending the Repersentation of the People Act of 1951, and sent it for the signature o

the President after a lot politicking and posturing by the Govt. and other parties , the Ordinance was signed by the President into law. However

and given the variance between the ECs directives and the new law , the Supreme Court was again moved by the National Campaign for

Electoral Reform and others. The court gave its decision on March 13,2003, basically reiterating the previous 2002 decision which required full

disclosure by the candidates. In the new general election in March April 2004, It is said that 25 to 30 members of parliament and 250 to 300

members of state Assemblies have had criminal histories. The Line between criminality and politics observe advocate of political and ectoral

reforms, is being erased in many parts of India with coalition politics , the number speak .

History

The economy ofIndia was under socialist-inspired policies for an entire generation from the 1950s until the late 1980s. The economy wacharacterized by extensive regulation, protectionism, and public ownership, policies vulnerable to pervasive corruption and slow growth.[10]

[11]

[12

[13]License Raj was often at the core of corruption.

The Vohra Report, submitted by the formerIndian UnionHome Secretary, N.N. Vohra, in October 1993, studied the problem of th

criminalisation of politics and of the nexus among criminals, politicians and bureaucrats in India.

The report contained several observations made by official agencies on the criminal network which was virtually running a parallel government.

It also discussed criminal gangs who enjoyed the patronage of politicians of all political parties and the protection of governmen

functionaries. It revealed that political leaders had become the leaders of gangs. Over the years criminals had been elected to local bodies,

State Assemblies, and even the Parliament. The unpublished annexures to the Vohra Report are believed to contain highly explosive material.9

ccording to Jitendra Singh, "in the bad old days, particularly pre-1991, when the License Raj held sway, and by design, all kinds of free

market mechanisms were hobbled or stymied, and corruption emerged almost as an illegitimate price mechanism, a shadowy quasi-market,

such that scarce resources could still be allocated within the economy, and decisions could get made. ...These were largely distortions created

by the politico-economic regime. While a sea change has occurred in the years following 1991, some of the ditorted cultural norms that took

7 Supra n.1,p.698 Veerappa Moily, Political Corruption,2009 p.419 Professor Bibek Debroy, Corruption in India, en.wikipedia.org/wiki/corruption_in_india (accessed on June 2011)
http://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/License_Rajhttp://en.wikipedia.org/wiki/Protectionismhttp://en.wikipedia.org/wiki/Hindu_rate_of_growthhttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-makar-9http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-makar-9http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-oecd-10http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-oecd-10http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-astaire-11http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-potential-12http://en.wikipedia.org/wiki/License_Rajhttp://en.wikipedia.org/wiki/Vohra_Reporthttp://en.wikipedia.org/wiki/Indian_Unionhttp://en.wikipedia.org/wiki/Home_Secretaryhttp://en.wikipedia.org/wiki/N.N._Vohrahttp://en.wikipedia.org/wiki/Bureaucratshttp://en.wikipedia.org/wiki/Indian_Parliamenthttp://en.wikipedia.org/wiki/...http://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/License_Rajhttp://en.wikipedia.org/wiki/Protectionismhttp://en.wikipedia.org/wiki/Hindu_rate_of_growthhttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-makar-9http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-oecd-10http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-astaire-11http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-potential-12http://en.wikipedia.org/wiki/License_Rajhttp://en.wikipedia.org/wiki/Vohra_Reporthttp://en.wikipedia.org/wiki/Indian_Unionhttp://en.wikipedia.org/wiki/Home_Secretaryhttp://en.wikipedia.org/wiki/N.N._Vohrahttp://en.wikipedia.org/wiki/Bureaucratshttp://en.wikipedia.org/wiki/Indian_Parliamenthttp://en.wikipedia.org/wiki/...


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hold during the earlier period are slowly being repaired by the sheer forces of competition. The process will be long and slow, however. It wil

not change overnight."[14] One of the major problems and obstacles to development that many developing countries face is corruption by

greedy, power-hungry politicians, which is endemic in certain parts of the world.

Politics

s of December 2008, 120 of India's 523 parliament members were facing criminal charges. [15] Many of the biggest scandals since 2010 hav

involved very high levels of government, including Cabinet Ministers and Chief Ministers, such as in the 2G spectrum scam, the 201

Commonwealth Games scam and theAdarsh Housing Society scam, Coal Mining Scam, mining scandal in Karnataka and cash for vote scam.

.Bureaucracy

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. Taxes and bribes are common between state borders; Transparency International

estimates that truckers pay annually US$5 billion in bribes. A 2009 survey of the leading economies of Asia, revealed Indian bureaucracy to b

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.[16]

Land and property

Officials often steal state property. In cities and villages throughout India, consisting of municipal and other government officials, elected

politicians, judicial officers, real estate developers and law enforcement officials, acquire, develop and sell land in illegal ways.

Medicine

In Government Hospitals, corruption is associated with non availability/duplication of medicines, getting admission, consultations with doctor

and availing diagnostic services.

Income tax department

There have been several cases of collusion of officials of theincome tax department of India for a favorable tax treatment and relaxed

prosecutions in return for bribes

Preferential award of public resources

s detailed earlier, land in areas with short supply is relatively common with government entities awarding public land to private concerns at

negligible rates. Other examples include the award ofmining leases to private companies without a levy of taxes that is proportionate to the

market value of the ore

Driver Licensing

study conducted between 2004 and 2005 found that Indias driver licensing procedure was a hugely distorted bureaucratic process and

allows drivers to get licenses despite their low driving ability through promoting the usage of agents. Individuals with high willingness to pay

make a significant payment above the official fee and most of these extra payments are made to agents, who act as an intermediary between

bureaucrats and applicants[22]. The average license getter paid Rs 1080, approximately 2.5 times the official fee of Rs 450, in order to obtain

license. On average, those who hired agents had a lower driving ability, with agents helping unqualified drivers obtain licenses and bypass thelegally required driving examination. Among the surveyed individuals, approximately 60% of the license holders did not take the licensing exam

and 54% of those license holders failed an independent driving testAgents are the channels of inefficient corruption in this bureaucratic drive

licensing system, facilitating access to licenses among those who are unqualified to drive. Some of the failures of this licensing system are

caused by corrupt bureaucrats who collaborate with agents by creating additional barriers within the system against those who did not hire

agent.10

Black money

Black money refers to money removed from the official economy (via corruption, bribery, tax evasion, etc.) and stored outside of the country.

November 2010 report from the Washington-basedGlobal Financial Integrity estimates that India lost at least US$462 billion in illicit financia

flows, another word for black money, from 1948 through 2008. The report also estimated the size of India's underground economy a

approximately US$640 billion at the end of 2008 or roughly 50% of the nation's GDP

Judiciary

ccording toTransparency International, judicial corruption in India is attributable to factors such as "delays in the disposal of cases, shortag

of judges and complex procedures, all of which are exacerbated by a preponderance of new laws".[31]

Armed forces

The Indian Armed Forceshave witnessed corruption involving senior armed forces officers from theIndian Army, Indian Navy and Indian Ai

Force. A number of scandals in the 2000-2010 period damaged the military's reputation; such scandals included skimming of armed force

money, re-selling of government property, and faking combat

The Right to Information Act (2005) and equivalent acts in the states, that require government officials to furnish information requested b

citizens or face punitive action, computerization of services and various central and state government acts that established vigilanc

commissions have considerably reduced corruption or at least have opened up avenues to redress grievances. [2]

[33] The 2006 report b

Transparency International puts India at the 70th place and states that significant improvements were made by India in reducing corruption.

10 Ibid
http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-forbes-13http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-tax-14http://en.wikipedia.org/wiki/2G_spectrum_scamhttp://en.wikipedia.org/wiki/Concerns_and_controversies_over_the_2010_Commonwealth_Gameshttp://en.wikipedia.org/wiki/Concerns_and_controversies_over_the_2010_Commonwealth_Gameshttp://en.wikipedia.org/wiki/Adarsh_Housing_Society_scamhttp://en.wikipedia.org/wiki/Coal_Mining_Scamhttp://en.wikipedia.org/wiki/Transparency_Internationalhttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-15http://en.wikipedia.org/wiki/Income_tax_in_Indiahttp://en.wikipedia.org/wiki/Income_tax_in_Indiahttp://en.wikipedia.org/wiki/Illegal_mining_in_Indiahttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-21http://en.wikipedia.org/wiki/Washington,_D.C.http://en.wikipedia.org/wiki/Global_Financial_Integrityhttp://en.wikipedia.org/wiki/Illicit_financial_flowshttp://en.wikipedia.org/wiki/Illicit_financial_flowshttp://en.wikipedia.org/wiki/Transparency_Internationalhttp://en.wikipedia.org/wiki/Transparency_Internationalhttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-30http://en.wikipedia.org/wiki/Indian_Armed_Forceshttp://en.wikipedia.org/wiki/Indian_Armed_Forceshttp://en.wikipedia.org/wiki/Indian_Armyhttp://en.wikipedia.org/wiki/Indian_Armyhttp://en.wikipedia.org/wiki/Indian_Navyhttp://en.wikipedia.org/wiki/Indian_Air_Forcehttp://en.wikipedia.org/wiki/Indian_Air_Forcehttp://en.wikipedia.org/wiki/Right_to_Information_Acthttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-2005-TI-study-1http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-2005-TI-study-1http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-rightto-32http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-forbes-13http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-tax-14http://en.wikipedia.org/wiki/2G_spectrum_scamhttp://en.wikipedia.org/wiki/Concerns_and_controversies_over_the_2010_Commonwealth_Gameshttp://en.wikipedia.org/wiki/Concerns_and_controversies_over_the_2010_Commonwealth_Gameshttp://en.wikipedia.org/wiki/Adarsh_Housing_Society_scamhttp://en.wikipedia.org/wiki/Coal_Mining_Scamhttp://en.wikipedia.org/wiki/Transparency_Internationalhttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-15http://en.wikipedia.org/wiki/Income_tax_in_Indiahttp://en.wikipedia.org/wiki/Illegal_mining_in_Indiahttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-21http://en.wikipedia.org/wiki/Washington,_D.C.http://en.wikipedia.org/wiki/Global_Financial_Integrityhttp://en.wikipedia.org/wiki/Illicit_financial_flowshttp://en.wikipedia.org/wiki/Illicit_financial_flowshttp://en.wikipedia.org/wiki/Transparency_Internationalhttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-30http://en.wikipedia.org/wiki/Indian_Armed_Forceshttp://en.wikipedia.org/wiki/Indian_Armyhttp://en.wikipedia.org/wiki/Indian_Navyhttp://en.wikipedia.org/wiki/Indian_Air_Forcehttp://en.wikipedia.org/wiki/Indian_Air_Forcehttp://en.wikipedia.org/wiki/Right_to_Information_Acthttp://en.wikipedia.org/wiki/Corruption_in_India#cite_note-2005-TI-study-1http://en.wikipedia.org/wiki/Corruption_in_India#cite_note-rightto-32


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10 Most Corrupt Indian Politicians

rticle on the 10 most corrupt Indian politicians. About politicians who are considered to be the most corrupt in India. List includes Suresh

Kalmadi, A. Raja, Mayawati, Lalu Prasad, Mulayam Singh, Karunanidhi, Sharad Pawar, Jayalalitha, BS Yedurappa, Amar Singh and Madhu

KodaWhile everyone has been animatedly supportingAnna Hazare's fight against corruption, people seem to have forgotten who the peopl

are who actually led to this situation.

Suresh Kalmadi

Suresh Kalmadi, almost single handedly caused a loss of hundreds of crores of rupees to the country. The Commonwealth Games,

organized by Kalmadi was no less than a loot with numerous reports of the magnum opus event being soaked in corruption making

headlines way before the Games had even started. Apparently, out of Rs. 70000 crores spent on the Games, only half of the amount wa

actually spent. Owing to his involvement in the scam, Kalmadi was charged with corruption and sent to Tihar jail.

A RAJA

A scam worth Rs. 176,000 crore had former Union Cabinet Minister for Communications and Information Technology, Andimuthu Raja a

the centre. A. Raja as he is generally called, was the prime accused in the 2G spectrum scam, which was the largest that the country had

seen in a long time. Following the shocking exposure, Raja was indicted and forced to resign. Presently, he is too has been lodged at the

Tihar jail and is awaiting his trial.

Mayawati

Mayawati has always been criticized for ostentatious display of power in her state. She has allegedly used her status as chief minister to amas

large amounts of personal wealth. She was charged with corruption when the Taj Heritage Corridor Case was uncovered

Mayawati's birthdays have always been media events, where she usually appears decked in diamond jewellery and also accepts publi

donations for which, she often comes under fire. Her assets are worth millions of dollars and in the year 2007-08, she had paid an income tax

of Rs. 26 crores, which placed her amongst the top 20 taxpayers of the year.

Lalu Prasad Yadav

The fact that Lalu Prasad Yadav has been an accused in 63-odd cases serves for the fact that Lalu stands as one of the strongest competitor in

the list. The biggest scam that rocked Lalu's political careerwas the fodder scam which involved the embezzlement of Rs. 950 cror

approximately. The accusation of nepotism against him has come up time and again but hardly any action has been taken against him owing t

his 'connections' in the government.

Madhu Koda

Former Jharkand Chief Minister, and only the third independent legislator to assume the office of chief minister in India, Madhu Koda wa

responsible for a scam worth over Rs. 4000 crore. The man exploited the state's natural resources by licensing illegal mining leases and

stashing away the wealth amassed during the undertaking. Furthermore, the Maoists received a 30% share of the booty. Koda was arrested on

charges of money laundering and is still in prison following the rejection of numerous bail applications.

Mulayam Singh Yadav

Mulayam Singh Yadav is also known as one of the most corrupt ministers in the country despite not being directly involved in any major

scams. Apart from his name being involved in appointments of tainted officers and mishandling of his power as chief minister, Mulayam

Singh had one major allegation levelled against him accumulation of disproportionate assets. The case drew limelight on his sons and

daughter-in-law as they too were holders of the assests that amounted to crores of rupees.

Karunanidhi

The corruptions charges against M. Karunanidhi are so many that he is often referred to as the king or emperor of corruption. He was accused

of lending support to the LTTE and was indicted for abetting the LTTE in the interim report which oversaw the investigation into Rajiv Gandhi'

assassination.

Karunanidhi reportedly institutionalized corruption in the South. He was a leading player in the cash for votes scams that are common in the

southern region, as well as notorious foe extreme nepotism shown under his rule. Not so surprising, is the fact that the main accused in the 2G

scam, A, Raja, considers him to be his mentor.

Sharad Pawar

Very few people can miss the cosy relationship that Sharad Pawar shares with power and money.Every now and then, Pawar draws flak for

alleged investments made by him and his family in various illegal projects. He was named by Abdul Karim Telgi, during a narcoanalysis test,

stating that it was Pawar's brainchild to print fake stamp papers across the country and mint money. He was also accused in a multi-crore scam

involving wheat imports and institutions headed by him and his close associates were served notices by the Bombay High Court for showing

favoritism to his family.
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Jayalalithaa

The Chief Minister of Tamil Nadu has a staggering 46 corruption cases against her. Amongst the various scams were the Rs. 70 million coal

import scam, Tansi land deal case, case of disproportionate assets and colour TV case, amongst many others. A raid in her residence and

business establishments led to the seizure of some 28 kg of jewellery (worth Rs 51 crore), 91 wrist-watches, 41 air-conditioners, 10,500 sarees,

750 pairs of footwears, etc. She along with her former cabinet colleagues and senior bureaucrats who worked with her are still facing

investigation with regard to corruption.

BS Yeddyurappa

The most recent politician http://www.mensxp.com/special-features/top-10/5458-meet-the-top-10-young-politicians-of-india.html to be caught in

the web of corruption is former Chief Minister of Karnataka, B. S. Yeddyurappa. While he has a number of corruption lying against him, the one

that toppled his career was his alleged involvement in the illegal iron ore export scam in districts of Karnataka. A lot of blame game followed

and ended up with Yeddyurappa losing his ministerial post last month. Despite his denial, his image as one of the most corrupt politicians of th

country will not fade anytime.11

Reasons behind increasing political scams in India

In India, the election is not state funded. Now days cost of winning elections are beyond imagination. This is one of the major reason

behind political corruptions.

Inactive use of Right to information Act by Indian citizens is encouraging politicians to do corruption in a fearless manner.

Pressure of coalition government is preventing the Prime Minister or Chief Minister to take any stern action against a corrupted politician

or minister.

All the anti-corruption wings are under direct control of Government. Hence, ministers and politicians get an easy way to escape from th

charges by pressurizing the Investigation agency.

Whistle- blowing activities and private sector initiatives against corruption are at their infancy stage in India.

I have mentioned above all the reasons of rising corruption in Indian Politics. Now readers you suggest India all solutions for removing

corruption and greed from Indian Politics.12

(b).Judicial Corruptioin

Judicial Corruption in India is unfathomable

There were reports that half of the 16 ex-CJIs were corrupt. Ex-CJI K.G.Balakrishnan may top the ill-deeds of these honourable Lords!

s I scanned through the web I came across the following:

DeshGujarat article

Judge who ordered CBI probe in Sohrab case, himself probed for corruption

sutosh Asthana, who could be harmful for alleged corrupt judges mysteriously died in custody. Family alleged that he was killed to rescue

powerful people

-CBI probe in Sohrabuddin encounter case was ordered by Supreme Court judges Tarun Chatterjee and Aftab Alam in last January. Justice

Tarun Chatterjee ordered CBI probe to check larger conspiracy in the case on last day of his retirement.

-Justice Tarun Chatterjee is presently tipped for a new assignment that of the mediator in the border dispute between Assam and Arunachal

Pradesh by Congress/UPA govt in centre.

-It should be interesting to note that the SIT probe against Narendra Modi and others was ordered by another Supreme Court judge Arijit

Pasayat also on last day of his retirement13.

-Pasayat who ordered SIT invesitgation against Modi, Gujarat ministers and Gujarat police officials, was appointed head of the Competition

ppellate Tribunal (CAT) in Delhi on sixth day after his retirement by UPA/Congress govt in centre.

More on Tarun Chatterjee and corruption allegation, CBI probe against him

-The Central Bureau of Investigation (CBI) has recently recommended action against a former Supreme Court judge Tarun Chatterjee and 23

other judges for their role in the infamous multi-crore Ghaziabad provident fund (PF) scam.

-A foolproof case could not be built against several judges including Chatterjee because of the mysterious death of the main accused and bill

clerk Ashutosh Asthana. Asthana, who died under mysterious circumstances in Dasna jail in Ghaziabad, had named several judges including

Tarun Chatterjee as beneficiaries of the money illegally diverted from the state treasury in his confessional statement before a magistrate.

11 Anna Hazare,10 Most Corrupted Politicians, in.lifestyle.yahoo.com/10_corrupted_india_politicians(accessed on 19 Aug 2011)12 Pavitrra,Reasons Of Corruption In India,produdtobeindian.net/reason-of-corruption-in-indian-politics, (accessed on june 2011)13 Desh Gujarat,Judicial Corruption in India,janamejayam.wordpress.com (accessed on 3 june 2011)
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sthanas family had alleged that Asthana was killed by poison in custody.Family said he was murdered on the instructions of powerful peopl

involved in the scam.

-Following is India Today report on Chatterjees involvement in corruption case:

The CBI, sources said, had questioned Justice Chatterjee at his residence towards the end of 2008 while he was a Supreme Court judge, after

seeking permission from the then CJI K. G. Balakrishnan.Sources said a CBI team went to Chatterjees official residence and questioned him

on Asthanas statement before a judicial magistrate.

sthana had alleged that household goods were purchased and transported from Ghaziabad to his house in Kolkata.

The CBI had also questioned Justice Chatterjees son Anirudh Chatterjee in Kolkata on allegations that he had accepted a laptop and a mobile

phone.

Though Justice Chatterjee denied the allegations during questioning, the agency, sources said, was able to match the handwriting on the bill

to a relative of the former apex court judge.

The ex-SC judge had, however, claimed that he had foot the bill himself and had exhibited photocopies of a cheque he had given to the

shopkeeper as proof, sources said.

i Rams barb against SC judge spark

The Supreme Court on Thursday witnessed high drama when senior counsel Ram Jethmalani sought recall of the courts order for the CB

probe in the Sohrabuddin encounter case by disclosing that that the judge who passed the order was himself under CBI scrutiny.

Its terribly embarrassing but true that evidence has come to our possession that a conspiracy was hatched at the highest levels of politics o

the country to destabilise the Gujarat Government, Jethmalani said, referring to the January 12, 2010

order passed by a Bench of Justices Tarun Chatterjee (since retired) and Aftab Alam for CBI probe.

ppearing for former Gujarat Minister Amit Shah, Jethmalani said there was a clear link between the order and a pending investigation against

the judge, named an accused in the PF scam. Mr Justice Chatterjee was himself being investigated by the CBI. It was thoroughly improper for

him to have heard the case.

fter a spell of dead silence that followed Jethmalanis sensational charge, Solicitor General Gopal Subramanium, amicus curiae in the case,

said,

Dont make such allegations against judges. It is unfortunate since this was never pointed out that day by the senior counsel representing th

State (Gujarat).

When Jethmalani replied that the information came in his way only later, the veteran lawyer found himself under attack from the court. You

statement has hurt me and it would hurt your reputation most being a senior lawyer, said Justice Alam. Jethmalani remarked, I have n

reputation to loseand if by arguing this way my reputation is gone, so be it.

Jethmalani said the CBI had no evidence at hand when it caught Amit Shah. He maintained that with the filing of chargesheet the court should

stop monitoring the case. He sought one-day time to produce the production memo supplied by the CBI which clearly stated that the

investigation had ended.

But the CBI turned a volte face in the court. Appearing for the agency, senior advocate KTS Tulsi claimed that a crucial component of the

investigation relates to the death of Tulsiram Prajapati, the third person along with Sohrabuddin before his death. This investigation is still

incomplete. However, the Bench gave the CBI additional three months to complete the probe and submit a status report.

Justice RM Lodha too was critical of Jethmalani. Accepting the argument made by Jethmalani that the SC could not monitor the case furthe

once the CBI had filed the chargesheet, he objected to the remark on the judge. What you are telling about a member of the Bench is not

necessary.

Jethmalanis allegation also provoked petitioner Rubabuddin Sheikhs counsel, who said politics was being played out by Shah. Claiming i

unfortunate that a judge was being attacked as part of some cheap politics played out outside court, senior advocate Dushyant Dave created

a scene by throwing a file and engaging in a verbal duel with Jethmalani.

Subramanium suggested to the court that till the larger conspiracy behind the Sohrabuddin killing, including the death of his wife Kauser B

and Prajapati, was not probed, the court should not stop monitoring.

While Justice Lodha was convinced at one point that the matter required no further monitoring by them, the CB

ii LIST OF CORRUPTED JUDGES

26 Nov 2011:CJI Kapadia;If ANY JUDGE is believed CORRUPT; he should be NAMED in PUBLIC
http://indiancorruptjudges.com/Plot4Plot/082_Pamphlets/Law%20Day%20Speech/law%20day%20speech.080_01.htmlhttp://indiancorruptjudges.com/Plot4Plot/082_Pamphlets/Law%20Day%20Speech/law%20day%20speech.080_01.htmlhttp://indiancorruptjudges.com/Plot4Plot/082_Pamphlets/Law%20Day%20Speech/law%20day%20speech.080_01.htmlhttp://indiancorruptjudges.com/Plot4Plot/082_Pamphlets/Law%20Day%20Speech/law%20day%20speech.080_01.html


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25 Nov 2011:On Trial: Indian Judiciary Institutional Corruption of 867 Judges of India & Lokayukta Institutional Corruption; WP.

PIL. 44135/2011 in Karnataka High Court; before Chief Justice Court :By www.dsklegal.com

15th December,2011: 2nd Persecution of Publicizers of 867 Corrupt Judges & Lokayuktas since 10 Years: Bangalore Vidhana

Soudha Police arrests Digvijay Mote, Editor of www.IndianCorruptJudges.com; on the Fictitious & Coercive Complaint by

Lokayukta. Keeps him in Custody for Three days & Searches his Office. But to find Real & Judicial Evidences against Corrupt 867

Corrupt Judges & Lokayuktas !

First Persecution of Mote Family 2004 to 2006: was byLokayukta Police Complaint against his Wife & Son in 2004; but were

cquitted in 2006.

Lokayukta-to-be Justice Bannurmath: Embroiled in Land Scam , FORGED SALE DEED & Illegal Activities

Most SC & HC judges sign off with grace, others remain Lordships: CJI S H Kapadia

Video: CJI Kapadia Hard Hitting Words Against Corrupt Judges. Judiciary too should be subjected to Fair Criticism14

Dear Mr CJI: In WP PIL 40994/2002; Karnataka High Court Special Bench; Justice RMRJ & HBJ COMMITTED CONTEMPT Of

THEIR VERY COURT ORDER; to Save 2 SC Sitting Judges + 867 JUDGES from Penal Prosecution.A FRAUD on COURT of

RECORDS!

Mr CJI: WP PIL 40994/2002; Ur Brother Justice Dattu Calls Up Kar HC J RMR Not To Have TEMPLE Next To His Site! Bench

Directs Demolition of Temple; Deliberated by Kar HC Since 9 Years !

Mr CJI Under Ur Very Nose, Ur Brother Justice Dattu Treating Apex Court Web Site as as Garbage Bin. Dares To Law & States

Litigation is Over of JUDICIAL Layout & Gifts Site to Grand Son! A Great SHAME.

Court Say site allotments To 867 JUDGES & SC Sitting Judges DATTU & Thakur; Gave The JUDICIARY BAD NAME: Kar HC

seeks Judicial Layout details

15th December,2011: 2nd Persecution of Publicizers of 867 Corrupt Judges & Lokayuktas since 10 Years: Bangalore Vidhana

Soudha Police arrests Digvijay Mote, Editor ofwww.IndianCorruptJudges.com; on the Fictitious & Coecrcive Complaint by

Lokayukta. Keeps him in Custody for Three days & Searches his Office. But to find Real & Judicial Evidences against Corrupt 867

Corrupt Judges & Lokayuktas

First Persecution of Mote Family 2004 to 2006: was by Lokayukta Police Complaint against his Wife & Son in 2004; but wereAcquitted in 2006.

ii Corruption in Judiciary

One of the most frequently used words in India, corruption signifies a range of things. In 2005, Transparency International and Delhi

based Centre for Media Studies, a research firm, undertook the India Corruption Study. The survey covered 14,405 respondents over 20

states and included interviews with service providers and users (of these services). The results, published the same year said Indian

pay out around Rs. 21,068 crore as bribes while availing one of 11 public services. While some of the results of the survey were

published, many of the details were not. The study, however, remains the most recent and the most comprehensive report on corruption

in India. Apart from calculating the extent of corruption, in Rs. crore, it explains the mechanics of it.15

Over the week, Mint will present details of the CMS study. On Monday we featured Indias public distribution system. On Tuesday, we

did the education system..

1.Courting Corruption

The sheer number of cases pending in the Indian judicial system (26 million at last count) says it all. Given that, and the number o

judges across various states (per lakh of population), the system is rife with delays and inefficiencies -- ideal conditions for middlemen t

step in. In the year preceding the survey, 59% of respondents paid bribes to lawyers, 5% to judges, and 30% to court officials.

2. Misuse of power

\There are instances of Metropolitan Magistrates issuing bailable arrest warrants against individuals of whose identitites he has no idea,

in return for an inducement.

Some time back, a Metropolitan Magistrate in Ahmedabad issued bailable arrest warrants against the President of India in return for an

inducement ofRs. 40,000.

In some cases, judges offer a favour in exchange for personal gain or favours. In Rajasthan, some time back, there were reports of

judge who offered judicial favour in exchange for sexual favours from a litigant. Some of these instances have been reported by themedia, but no action has resulted.

Today, under existing rules, any person making any allegation of corruption or other things against a sitting judge can be charged and

punished for contempt of court. This is a deterrent against more such instances coming to light.

3. A difficult impeachment process

14 CJI S.H. Kapadia,Indian Corrupted Judges,indiancorruptjudges.com (accessed on 26 nov 2011)15 Judicial Corruption in India,www.livemint.com, (accessed on 3 may 2007)
http://indiancorruptjudges.com/Plot4Plot/083_WP.44125_11/083_WP.44125_11.htmlhttp://indiancorruptjudges.com/Plot4Plot/083_WP.44125_11/083_WP.44125_11.htmlhttp://dsklegal.com/http://www.indiancorruptjudges.com/http://indiancorruptjudges.com/Plot4Plot/docindex.htm#083.00http://indiancorruptjudges.com/Plot4Plot/docindex.htm#083.00http://indiancorruptjudges.com/Plot4Plot/082_Pamphlets/Law%20Day%20Speech/law%20day%20speech.080_01.htmlhttp://indiancorruptjudges.com/Plot4Plot/082_Pamphlets/Law%20Day%20Speech/law%20day%20speech.080_01.htmlhttp://indiancorruptjudges.com/Plot4Plot/082_Pamphlets/Law%20Day%20Speech/law%20day%20speech.080_01.htmlhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/04%20%20Lokayukta%20Institutional%20Corruption/000.04.03%20Lok.case.Persecution/000.04.03.4.LokAyukta%20Case%20Judgment/0Typed.Lok%20Ayukta%20Case%20Judgment..htmhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/04%20%20Lokayukta%20Institutional%20Corruption/000.04.03%20Lok.case.Persecution/000.04.03.4.LokAyukta%20Case%20Judgment/0Typed.Lok%20Ayukta%20Case%20Judgment..htmhttp://www.google.co.in/search?q=Lokayukta-To-Be,+Now+Embroiled+in+Land+Scam&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-ahttp://articles.timesofindia.indiatimes.com/2011-11-14/india/30396917_1_sc-judges-contempt-powers-justice-ruma-palhttp://www.youtube.com/watch?v=co7Cm-S-Zoo&feature=relatedhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/02%20%20CCC.87%20of%202004/000.02.01s%20WP.40994.IntOrder/HIMALAYAN%20LUNDER.17Pgs.002.00.02.01s.02sWP40994HC/080_03B.htmlhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/02%20%20CCC.87%20of%202004/000.02.01s%20WP.40994.IntOrder/HIMALAYAN%20LUNDER.17Pgs.002.00.02.01s.02sWP40994HC/080_03B.htmlhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/02%20%20CCC.87%20of%202004/000.02.01s%20WP.40994.IntOrder/HIMALAYAN%20LUNDER.17Pgs.002.00.02.01s.02sWP40994HC/080_03B.htmlhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/02%20%20CCC.87%20of%202004/000.02.01s%20WP.40994.IntOrder/HIMALAYAN%20LUNDER.17Pgs.002.00.02.01s.02sWP40994HC/080_03B.htmlhttp://causelist.kar.nic.in/detorder.asp?bench=B&caseno=40994&caseyear=2002&casetype=WP&doo=24/06/2011http://causelist.kar.nic.in/detorder.asp?bench=B&caseno=40994&caseyear=2002&casetype=WP&doo=24/06/2011http://sci.nic.in/assets/hld.pdfhttp://sci.nic.in/assets/hld.pdfhttp://sci.nic.in/assets/hld.pdfhttp://www.bangaloremirror.com/index.aspx?page=article&sectid=10&contentid=20111112201111120647543146e351e08http://www.bangaloremirror.com/index.aspx?page=article&sectid=10&contentid=20111112201111120647543146e351e08http://www.indiancorruptjudges.com/http://indiancorruptjudges.com/Plot4Plot/docindex.htm#083.00http://indiancorruptjudges.com/Plot4Plot/docindex.htm#083.00http://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/04%20%20Lokayukta%20Institutional%20Corruption/000.04.03%20Lok.case.Persecution/000.04.03.3%20Deposition%20of%20Evidences%20of%20Complainants/000.04.03.3.01%20Index%20to%20Depositions%20of%20Complaihttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/04%20%20Lokayukta%20Institutional%20Corruption/000.04.03%20Lok.case.Persecution/000.04.03.4.LokAyukta%20Case%20Judgment/0Typed.Lok%20Ayukta%20Case%20Judgment..htmhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/04%20%20Lokayukta%20Institutional%20Corruption/000.04.03%20Lok.case.Persecution/000.04.03.4.LokAyukta%20Case%20Judgment/0Typed.Lok%20Ayukta%20Case%20Judgment..htmhttp://indiancorruptjudges.com/Plot4Plot/083_WP.44125_11/083_WP.44125_11.htmlhttp://indiancorruptjudges.com/Plot4Plot/083_WP.44125_11/083_WP.44125_11.htmlhttp://dsklegal.com/http://www.indiancorruptjudges.com/http://indiancorruptjudges.com/Plot4Plot/docindex.htm#083.00http://indiancorruptjudges.com/Plot4Plot/docindex.htm#083.00http://indiancorruptjudges.com/Plot4Plot/082_Pamphlets/Law%20Day%20Speech/law%20day%20speech.080_01.htmlhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/04%20%20Lokayukta%20Institutional%20Corruption/000.04.03%20Lok.case.Persecution/000.04.03.4.LokAyukta%20Case%20Judgment/0Typed.Lok%20Ayukta%20Case%20Judgment..htmhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/04%20%20Lokayukta%20Institutional%20Corruption/000.04.03%20Lok.case.Persecution/000.04.03.4.LokAyukta%20Case%20Judgment/0Typed.Lok%20Ayukta%20Case%20Judgment..htmhttp://www.google.co.in/search?q=Lokayukta-To-Be,+Now+Embroiled+in+Land+Scam&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-ahttp://www.google.co.in/search?q=Lokayukta-To-Be,+Now+Embroiled+in+Land+Scam&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-ahttp://articles.timesofindia.indiatimes.com/2011-11-14/india/30396917_1_sc-judges-contempt-powers-justice-ruma-palhttp://www.youtube.com/watch?v=co7Cm-S-Zoo&feature=relatedhttp://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/02%20%20CCC.87%20of%202004/000.02.01s%20WP.40994.IntOrder/HIMALAYAN%20LUNDER.17Pgs.002.00.02.01s.02sWP40994HC/080_03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