Indu Chat u Vedi

7/28/2019 Indu Chat u Vedi

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Institutional set-up for fighting

corruption in India:

Recent changes and theireffectiveness


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Relevant constitutional provisions

Police: State subject. Any criminal offencecommitted in a state can only be investigated

by the agencies of state govt. Criminal law: Concurrent subject. Both the

central & state governments have jurisdiction

Implies the central govt. agencies have totake concurrence of the state government forinvestigating a corruption offence


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Anti- corruption institutions of the

central government

Prevention of Corruption Act, 1987

Central Bureau of Investigation (CBI)

Central Vigilance Commission (CVC)

Chief Vigilance Officers (CVO s) invarious ministries and organizations

Civil service conduct rules


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Prevention of Corruption Act, 1987

Existed earlier, revised in 1987

A very broad definition of public servants, to

whom it applies In case of conviction, imprisonment from 6

months to 7 years

Any one with assets disproportionate to his

income commits criminal misconduct Members of legislatures are covered,

according to the Supreme Court


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Central Bureau of Investigation

A police organization

Can take up investigation of an offence

only if the concerned state governmentpermits it to.

In practice, blanket permission by the

states to investigate corruption offencesby central government employees


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Central Bureau of Investigation

(continued) Supreme Court/High Courts often ask

CBI to investigate particular cases,

under PIL Initially set up as an anti-corruption

agency. Now takes up all sorts of case-heinous crimes, terrorism etc.

Most of the senior officers drawn fromstate governments for 5 years


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Central Vigilance Commission

(CVC) Set up in 1964 as the apex organization for

maintaining probity in public life

Causes complaints to be enquired into Monitors/conducts disciplinary proceedings

involving corruption

Prior to 1998, not much teeth

Advising not binding on the government,however disagreement cases mentioned inannual report, placed before parliament


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Chief Vigilance Officers (CVO s)

Each ministry/organization has a CVO,appointed after clearance from the CVC

The CVO reports (for most matters) to theCVC

Monitors and takes action on irregularities inthe organization, and reports them to the

CVC All cases of suspected corruption referred to

him


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Conduct Rules (some examples

relating to the higher civil service) Intimation about all moveable/immoveable

property required at the time of joining civilservice

No acquisition of immoveable propertywithout previous knowledge of govt.

Every transaction exceeding Rs. 15000

($300) to be informed of within a month Annual return in respect of immoveable

property


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Conduct Rules (continued)

Can accept gifts from friends andrelatives on special occasions, within

Rs. 5000 ($100) No speculation in stocks/shares

And no conduct unbecoming of a

government servant


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Set-up in the state governments

Parallel to the central government

Role of CBI played by vigilance wing of

the state police

Role of CVC by the state vigilancebureaus/ombudsman

No functionary equivalent to CVO s ofthe central government


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Major problems prior to 1998

CBI not really independent. The govt. couldbring in new officers, or shift out inconvenient

ones, at will Nothing at the disposal of CVC to enable it to

exercise authority. It could not ask the CBI toinvestigate an alleged offence

Single Directive: No investigation could bestarted against officers above a certain level


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Major problems (continued)

Sanction for prosecution: permission ofgovernment needed before actual trial

began. No time limit. Slow investigation (sometimes)

Slow disposal of cases in courts: the

guilty never got punished


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Supreme Court directions

Directions issued in a public interest case,seeking investigation against certain high

functionaries of the government Recommendations of a govt. committee

adopted by the court

CVC to be made statutory

Single directive struck down (violated thefundamental right to equality)


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(continued)

Time limit fixed for sanction for prosecution

CBI to report to CVC for corruption cases

Chief Vigilance Commissioner to beappointed by a committee with the leader ofopposition as a member

CBI Director, and other senior officers to beappointed (deputed) by a committee headedby the CVC


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(continued)

CVC could now cause specificcomplaints to be investigated by CBI

Fixed tenure of 2 years for Director, CBI

Independent prosecution agency to beset up

In general the CBI to be freed fromextraneous influence of any kind


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Present status of implementation of

Supreme Courts directions

Except for the giving of statutory statusto the CVC, all other directions have

been implementedA bill to confer statutory status on the

CVC is pending in parliament


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Effect of the changes?

The CBI definitely has much moreindependence. There have been instances of

the govt. wanting to shift out officers but notsucceeding

The CVC now plays a more important role. Ithas the services of CBI at its disposal

However, there is not much change in thedisposal of work by the CBI. Not muchchange in the investigations completed


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Effect (continued)

There is no significant improvement in the no.of CBI cases disposed of in courts

The major cases are still not disposed of; foreg. Bofors, HDW Submarine case etc.

No changes in states. Far more important asthe states employ a lot more civil servants


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What more needs to be done

Similar changes are required in the states.The situation there is much more alarming.

For example the average conviction rate inanti-corruption cases there: 30%, comparedto CBIs 70%

The Supreme Court had asked the center to

advise the states in this regard. The advicehas not been heeded


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(continued)

The procedure for disciplinaryproceedings needs much simplification.

At present there are multiple stages andtoo much opportunity to the accused todefend himself

In cases of promotion, the procedure forvigilance clearance should be clearlydefined


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(continued)

Urgent need to set up special courts.States have to do this

The rule that those whose performanceis not up to the mark can be retired after50 should be used to weed out the

corrupt


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THE END

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