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Chapter VIII

Conclusion and Suggestions.

8.1 Conclusion

8.2. Suggestions

8.1 Conclusion

In the present legal system, throughout the world, there is no specific

law which eradicates the corruption in the society. Our legal systems have

various constitutional and legal provisions still corruption is not control and

growing up day by day. Roots of corruption are very deep and common person

are suffering, on the other hand criminals who have committed corruption or

involve in big scam are moving free in our society, so if there will be an

elaborating, specific law, corruption may be controlled or eradicated.

As like Rose is king of all flowers, Corruption is also “King” of all

‘offences’. Neither the Law nor the law enforcement and investigating

machinery or the public service administration able to control the “corruption”

in society. The biggest hurdle in the Prevention of Corruption is the lack of

public awareness. Corruption is heinous crime as compare to that of

traditional crimes. Corruption directly attack on national economy affecting

development of country which is necessary to be curbed and removed by

adopting proper legal system.

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White Collar Crime is offspring of “Economic offences”. Due to lack

of evidence and legal technicality and after taking undue advantage or benefit

of lacuna or of defects under the law/enactments relating to corruption, they

easily come out of jail and enjoy ill-gotten money. Loss cause due to big

scam or scandal directly causes great harm to national wealth and progress.

To control this harm there option should be particular law. Existing laws or

enactments related to eradication of corruption in society are failing to control

its menace as well as insufficient to fight with it and there is need of new

comprehensive law to control and punish these corrupt Criminals.

Today, people have already lost their faith or confidence on criminal

justice system because we always seen that, politicians and influential public

officers and even ideal person to whom we take aspiration are involved in

scam but they never goes to jail despite huge evidence. In short, common

persons are suffering whereas, white collar criminals are moving free in our

society so if there will be an elaborative specific law on corruption in India

then only its menace can be controlled.

At last, we can say that, nothing can be done until there is will power

in the people to fight corruption. Laws can only act when people come

forward and complaint against corrupt practices, all the laws will have effect

unless people will come forward and fight against evil of corruption. Lack of

awareness is one of the key obstacles in the anti-corruption movements, very

less number of people are aware of their right course of action to be taken

against the corrupt officials and what will be the remedies for the aggrieved

party At concluding we can say that, awareness among people will bring out

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the change in the society and ultimately, India will be a corruption free

country in the world.

Constitution of India ensures that, dignity of person will be protected;

accordingly it is the responsibility of the Government to eradicate or combat

the corruption in society. However, considering the kinds/aspect of

corruption government alone cannot eradicate corruption but if the people and

civil society institutions shows their activeness then only it is possible to

eradicate corruption in society.

Ignorance of people towards corruption is the biggest reason why

corrupt officers get away without ever getting punished. Present laws relating

to corruption in India to fight corruption are not sufficient and suffers from

many loopholes which restrict their power to prosecute corrupt officers and

ministers. Legislations like the Prevention of Corruption Act which came into

force in 1988 is not able to punish the culprits, along with that, the

investigation agencies like CAG, ED, CVC and ACB have very less power in

their own hand.

Existing laws relating to corruption are adequate subject to some

modification, amendment. From last two decades corruption is increases even

in private or corporate sector as compare to public sector. The Prevention of

Corruption Act 1988 is a comprehensive law which covers all possible acts

pertaining to corruption and corrupt practices by public servants. Despite all

these laws, the country is still not free from the scourge of corruption.

Corruption is still one of the biggest problems of the world for which there is

no satisfactory answer.

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The Indian criminal justice system is also facing many problems and

challenges in fight against corruption in the society. At present, there is no law

to deal with corruption in the private and corporate sector. Our criminal justice

system is base on the principle of natural justice. And strict proof of law is

always required. Offenders always take undue advantages of these every strict

requirements. Due to sole reason, the fight against corruption is not an easy

one.

Hence there is need of a comprehensive law to curb all kinds of

corruption as well as it shall contain the severe punishment for corruption,

after proof of guilt minimum five year imprisonment and maximum

punishment life imprisonment are to be imposed, in rarest of the rate cases

there shall be death penalty which is required to create deterrent effect on

society. Necessary amendments under the present law is required to carried

out in respect of Losses incurred due to this crime shall be fulfilled from

accused by confiscation of his/her property and that property shall declare as

national wealth.

To prevent corruption in the Indian society to a remarkable extent, ‘a

strong political will, effective Anti-Corruption Laws with effective Anti-

Corruption Agencies , effective adjudication, effective Administration, Good

Governance and strong Public Support’ as well as such other policies by

which the countries like Singapore achieved great success to curb corruption,

are essentially and immediately required to be implemented and followed in

India, So that the citizens will be comfortably accommodated with corruption

free society.

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Message of late Prof.Dr.Bharat Ratna Shri.Abdul Kalam former

President of India “if the parents in any house are deviating from the

transparent path, the children have to use the tool of love and affection and

correct the parents to come back to the right path. Confidence comes from

children that they have love as a tool. Children should make their parents

swear on them and take the oath that “I Will Lead An Honest Life Free From All

Corruption And Will Set An Example For Others to Adopt A Transparent Way Of

Life”. He states that the student should start a movement starting from the

home”. If everyone does this our dream of Corruption free society will not be

so far.1

8.2. Suggestions

Considering the scam or scandal detected nowadays, neither the law

nor the public service administration or the machinery which is constituted

only for the purpose of investigation of Corruption is able to control the

corruption in fullest extent. The biggest hurdle is the ignorance of people

towards the provision of the Prevention of Corruption Act. Even the policy

adopted by government in respect of eradication of corruption is not

satisfactory and not in the interest of society.

The Prevention of Anti-Corruption Act is become an in effective law,

no politician or senior officer ever goes to jail despite huge evidence because

ACB, CBI, CVC, CBI are not independent and are directly come under the

control and supervision of government. Before starting investigation or

initiating prosecution in any case they have to take permission from same

bosses, against whom the case has to be investigated and due to undue

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influence adopted by politician, no corrupt officer is dismissed from the job, at

the same time, CVC which is supposed to dismiss corrupt officers, is only an

“advisory body”. Whenever, it advice government to dismiss any senior

corrupt officer its advice is never implemented. This is the main lacuna or

defect under the existing Law.

The functioning of investigating agencies like CBI, CVC, ED, ACB is

so secret which encourages corruption within these agencies. The persons

who are basically corrupt are appointed as heads of anti-corruption agency.

Nowadays, this investigating machinery becomes most corrupt. Till date not a

single trap or offence of corruption is registered against the officers or other

subordinate employees of these investigating agencies. This fact itself shows

the lack of transparency in their investigation.

According to researcher some of the following suggestions which are

required to be incorporated or taken into consideration by the legislature or the

Government machinery at the time of amendment or modification in the

present laws related to eradication of corruption in the society.

1 There is suggestion to legislation, to create deterrent effect on society, a

comprehensive law to curb all kinds of corruption as well as it shall contain

the severe punishment for corruption, after proof of guilt minimum five year

imprisonment and maximum punishment of life imprisonment are to be

imposed to the criminals who are involved in economical offences. In rarest

of the rare cases, there shall be death penalty which is required to create

deterrent effect on society.

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2 Losses incurred due to criminal misconduct committed by public servant shall

be recovered at source, from accused by confiscation of his/her property and

that property shall declared as property of that concerned department.

3 There shall be Special Court, Tribunal just like Labour Court, Industrial Court,

Co-operative Court, Family Court to deal with cases of corruption only with

efficient expert manpower, and such court shall be fast rack court and Cases

must be decided with- in six months.

4 The Lokpal at central and Lokayukta at state level be appointed, to inquire or

investigate every complaint which have direct or indirect effect on the

economy of our nation. Working of this machinery should be transparent and

each and every record lice with Lokpal and Lokayukta shall be open to public

for verification.

5 All investigation in Anti-corruption Bureau, CAG, shall be transparent. After

completion of investigation all case record shall publish on its website.

Complaint against any staff of Anti-corruption Bureau, CAG, shall be inquired

and punishment announced within two months. And the appointment of

officials in this anti-corruption investigating agency shall be fully transparent

and no politicial interference be allowed.

6. There is no law to recover the all ill-gotten money or loss caused to the nation

from the corrupt public servant so necessary enactment or amendment or

modification be carried out under the existing law relating to corrupt.

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7 Method of tax evasion shall be specifically detected their monitor and disrupts

payment gateway servers enabling corrupt people to manage money in tax-

havens

8 Electoral reforms are urgently needed to eliminate the influence of

unaccounted donations and disqualification of people with criminal records

from contesting election, along with legislative set up for right-to-recall or

right-to-reject.

9 A committee headed by the Chairman of Central Board Direct Taxes (CBDT)

has been constituted to examine ways to strengthen laws to curb generation of

black money in India.

10 All department of government should constitute their own vigilance wing and

take disciplinary action against the officials who are involved in corruption.

11 The officer and other as servant employee of anti-corruption bureau or CBI

branch are from police department always appointed on deputation they are

appointed for a particular period.

Direct or special recruitment process for the appointment of officer or

other subordinate employee of the ACB and CBI be adopted.

12 To avoid bribing, fake note traffic and misuse of unaccounted black money, it

is suggested to cancel the currency notes of Rs.500 and Rs.1000. In addition to

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that, zero rupee notes or a valueless note designed to be given to corrupt

officials when they request bribes.

13 Equality before Law and have equal protection to all is universally adopted

principle of The Constitution of India under article 14. Presently, politicians

and corrupt public servants who have committed offence under The

Prevention of Corruption Act, 1988 are prosecuted subject to sanction from

State Government. To achieve this object to the Constitution, for the arrest

of corrupt politicians and/or public servant there shall be no need to take

permission from the competent authority and direct arrest shall be allowed.

14 Give better salary and other facilities to the public servant, so that they will

not indulge into corrupt practices.

15 Many of the people do not pay tax and escape their liability. This involves

corruption, so to avoid this situation, making payments online through bank

account and provision of bills for every transaction must be made compulsory.

16 Nowadays, there are many employees who openly take bribe in presence of

common men. This public bribery is due to confidence that public wants their

work more than the amount they are paying to them as bribes. Each and every

government office must be under the supervision of CCTV.

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17 Mere enacting anti-corruption laws is not enough. There must be a strong

machinery to implement and enforce those acts effectively to prevent the

corruption in society.

18 Every complaint irrespective of its source be taken into consideration and

registered and investigated by the competent investigating agency.

19 e-tendering must be compulsory in the public office and every transaction

more than 50 thousand must be made only through PAN and through adhar

card.

20 For eradication of corruption, toll free number be given to public so that

complaint or grievance in that respect be immediately given to concerned

authorities.

21 Provision u/s 19 regarding the previous or prior sanction of the competent

authority should not be necessary for prosecuting a public servant who has

been trapped red-handed or in case of possessing assets disproportionate to

the known sources of income.

Equality before law and equal protection to all is the basic principle of

law. Even no one is more than law. Hence special provision for protection

of public servant contemplated u/s 19 of the Prevention of Corruption Act is in

violation and in contradiction of the basic object of the constitutional

principle. Public servant or politicians are protected against the prosecution.

Nowadays sanctioning authority is itself becoming corrupt.

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Action taken by public servant which is in good faith is already

protected hence protection u/sec.19 of the said act is not required since

protection is required to be given to a common man and not to corrupt public

servants. Whatever the protection provided to public servant under the said

act is sufficient. Since Law is for the people and not against the corrupt

public servant who are basically criminals.

Hence it is suggested, to give protection to persons who raise their

voice against corruption and not to corrupt public servant.

22 Private sector service provider and NGO and other group of social activity

who received directly or indirectly funding from government should be

covered under The Prevention of Corruption Act, 1988.

23 Discretionary power with government officials be eliminated.

24 Illegal acquired property or a property having no source of income by corrupt

public servants be forfeited or ceased immediately.

25 List of public servants who are punished or involved or whose integrity is

doubtful be prepared and publish on the website or on notice board of each

public department in consultation with the anti-corruption investigating

agencies.

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26 The Peoples Representation Act be amended and accepting money or any of

the consideration in any form in lieu of vote be considered as a corruption as

contemplated in The Prevention of Corruption Act, 1988

27 Prosecutor must be very fair. Government has to file appeal in each case in

which acquittal is awarded.

29 E-governance is a strong tool for corruption free administration. In democracy

good governance is right of the people and e-governance act as a facilitation.

30 Media is voice of citizen for accountable and transparent government so

special program for awareness and changing mind set of citizens, be shown or

broadcast in electronic or print media or on T.V.

31 It is also proved that, corruption is committed by Government itself. Under

the Prevention of Corruption Act, 1988 definition of Corruption on the part of

government is not specified.

32 Special penalty or fine or imprisonment be awarded to the ‘commercial

corruption’ where large amount is involved having its impact on the economy

of country.

33 ‘Private and Corporate sector’ also be covered under the provision of The

Prevention of Corruption Act, 1988 and rules and regulations.

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34 Introduce subject relating to Corruption in the syllabus from the primary level

and universities should include anti-corruption in their curricular or in

governance.

35 Sec.7 of The Prevention of Corruption Act, 1988 amended, definition of

‘bribery’ be modified.

36 Social empowerment is an essential element to prevent Corruption. So strong

civil society be established under the control and supervision of the Chief

Justice of Supreme Court of India.

37 For citizens awareness towards their own legal rights and the services, special

awareness program be implemented from bottom of the village till the high

profile society.

38 Presently public organizations have lack of mechanized system and

information technology. So advance technological system or mechanism is

adopted in the public organization so that, fraudulent activity will be identified

immediately.

39 Inadequacy of the law enforcement system in detecting corruption is the main

hurdle to eradicate corruption, so laws should be enacted without any loop

false.

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40 Agents or middlemen are the channels of corruption. e.g. licensing system are

caused by corrupt bureaucrats who collaborate with agents by creating

additional barriers within the system against those who did not hire agents. So

agents system should be restricted or cancelled in government office.

41 In cases of high taxes, paying off the corrupt official is cheaper than the tax.

So necessary amendment in that respect be carried out under the provision of

the Income Tax Act and under the enactment.

42 The Independent Commission Against Corrupt (ICAC) shall be establish to

reduce corruption, said commission be given power to investigate and

prosecute corruption cases and its awareness. Person having integrity shall be

appointed its Director.

43 Review of the anti-corruption laws as well as law of election will have to be

made out every year and amendment or changes be carried out accordingly,

so that, black money in the society will be controlled.

44 Many avenues of corruption cannot be dealt under The Prevention of

Corruption Act, 1988 many corrupt practices fall outside the purview of

existing laws for e.g. when patient are directed to specific pathological

laboratories for conduct of tests so scope of The Prevention of Corruption Act,

1988 be enlarge and each and every criminal activity which is directly or

indirectly related with money of person or nation be brought under the

purview of criminal misconduct.

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45 To give protection to whistle blowers and RTI activist who exposed or report

corruption

46 A disciplinary committees should be made in all the public offices to ensure a

corruption free environment.

47 Continuous raid by Anti-Corruption Bureau and other investigating agencies.

Strict officer to implement law be appointed on the investigating agency.

48 Present enactment relating to the Prevention Corruption Act, 1988 be modified

or amended and specific provision regarding confiscation of unaccounted

black money having no source of income be forfeited immediately as soon as

offence is registered.

49 There is a deficiency in respect of punishment prescribed u/s Sec.9 and 10 of

proposed amendment, 2013 to the Prevention of Corruption Act, 1988. Sec.9

(1) of proposed amendment, 2013 punishment prescribed to commercial

organization is ‘fine’ only whereas punishment prescribed u/s 10(1) and (2) is

imprisonment of 3 years extendable to 7 years with fine.

Considering the impact of corruption committed by commercial

organization on economy of India it is required to be reconsidered and

punishment prescribed for commercial organization should be in addition to

punishment imposed on private/ individual association with it and in charge of

commercial organization.

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50. It is also observed that, most corrupt practices are in public sector but some of

the corrupt behaviors are also seen in the private sector such as smuggling,

fraud, fabricating, disrupting in economic system.

51. No political interference should be allowed during investigation or trial for

anyone who may be rich or influential politician and necessary amendment be

carried out and such interference should be treated as an offense and be

punished by law.

52. Nexus between political party and big industrialist is required to ban or

observed carefully. So that political party can not accumulate election fund

from them.

53. Income tax return filed to the income tax department be published on its

website regularly.

54. Media be made so strong so that each and every case of corruption be notice

or highlighted before the public.

55. Anti corruption vigilance cell be established each and every department only

with a object to scrutinize behavior and activities, assets of its employees.

56. To arrange awareness program regularly so that strong public opinion be

created against the corruption.

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57. During election process expenses of each and every political party its

candidate alongwith its friend, relatives and family members to be properly

scrutinize.

58. Autonomy be given to investigation agency who are constituted for eradicated

of corruption by amending new section under the prevention of corruption act.

59. Specific guideline, professional ethic and special code of conduct be frame

against the officer and other employees who are part and parcel of anti-

corruption bureau or any other investigating agency constituted for that

purpose.

60. Special punishment upto life imprisonment or death penalty to the corrupt

public servant who are involved in high profile scam be carried out.

61. Procedure of Trap and voice recording required to be adopted by the Anti-

Corruption Bureau be prescribed under the provision of Prevention of

Corruption Act, 1988. Post of voice recording expert be constituted just like

hand writing, finger print, forensic science expert.

62. Guidelines, rules and regulations and modes-operandi of Anti-Corruption

Bureau, prescribed by State of Maharashtra (third edition, 1998) as well as

analogous provisions and guidelines enacted by various States be cancelled by

enacting uniform procedure in that respect by repealing the provisions of The

Prevention of Corruption Act, 1988.2

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63. Corruption is a crime which is committed with mutual understanding secretly.

Hence it is difficult and also practically impossible to identify. Under the

Whistle Blower Act, only protection is given to those person who open the big

scam or scandal. Considering the present scenario, special reward be given to

these persons who open such type of big scams and necessary amendment in

that respect be carried out immediately.

64. Protection against the corruption be treated as a fundamental right and

necessary amendment in that respect should be carried out immediately.

65. Ill-gotten property having no source of income is ceased from corrupt public

servant by investigating agency. Said ceased property may be in kind of

movable or immovable in nature. Under the Prevention of Corruption Act,

there is no parameter or due procedure prescribed in respect of confiscation of

said property.

Hence, it is suggested that, necessary amendment be carried out and

confiscated property be transferred to government treasury.

In short to eradicate corruption in the society, the prevention of

corruption act, 1988 is required to amends or repeal immediately taking into

consideration the observation of the researcher and at the same time general

public should also stand for corruption free India collectively. Since role of

civil society is for effective and sustained reform.

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List of references:

-----------------------------

1. Abdul Kalam, Former President of India, message for “All India Convention

–Anti Corruption” Chennai 11th August 2008. Page No. 251of the thesis of

Combating Corruption in India: Role of Anti-Corruption Agencies Thesis

Submitted to the Acharya Nagarjuna University for the Award of the Degree

of Doctor of Philosophy in Law By Srinivasa Rao GochIPATA,

2. Guidelines, rules and regulations and modes-operandi of Anti-Corruption

Bureau, prescribed by State of Maharashtra (third edition, 1998)