CORRUPTION
Corruption is one of the major problems faced by India. Corruption in India is a result of the connection between bureaucrats, politicians, and criminals. Along with corruption, there are other major problems faced by India, such as poverty, black money, huge population, illiteracy, and many others. These problems are somehow correlated with each other. For instance, the rapid rising of the population causes a lack of education and job opportunities, which results in poverty. Furthermore, it is under consideration on corruption that has become something respectable in India because respectable people are involved in it.
The word corrupt, when used as an adjective, literally means “utterly broken.” The word was first used by Aristotle and later by Cicero, who added the terms bribe and rejection of good habits. Morris, a professor of politics, writes that corruption is the illegal use of public power to profit from a private interest.
Corruption has impacted the Indian economy and government so much that it has existed from the lower level to the highest level in the hierarchy of power, from a small village Sarpanch to the cabinet ministers in India.
It is not easy to define corruption. But in a narrow sense, corruption is mostly concerned with bribery, and it takes several forms. Corruption is a global phenomenon, and it is omnipresent. Corruption has progressively increased and is now rampant in our society.
In today’s scenario, if a person wants a government job, he has to pay lakhs of rupees to the higher officials irrespective of satisfying all the eligibility criteria. In every office, one has either to give money to the employee concerned or arrange for some sources to get work done. There is adulteration and duplicate weighing of products in the food and civil supplies department by unscrupulous workers who cheat the consumers by playing with the health and lives of the people. In the assessment of property tax, the officers charge money even if the house is built properly according to the Government rules and regulations.
Corruption spread in several forms in society. Some of the major ones are:
Bribe:
Money is offered in cash or kind or gift as an inducement to procure illegal or dishonest action in favour of the giver.
Nepotism:
Undue favour from the holder of patronage to relatives.
Misappropriation:
Using others’ money for one’s own use.
Patronage:
Wrong support or encouragement was given by the patron and thus misusing the position.
Favouritism:
Unduly preferring one to another.
Definition of corruption
C. B. Mamoria defines corruption as “an improper or selfish exercise of power and influence attached to a public office or to a special position in public life.”
Andriski considers it as “The use of public power for private advantage in ways which transgress some formal rule or law.”
The Dictionary defines s corruption as “an inducement to wrong by bribery or other unlawful means: a departure from what is pure and correct.”
National Scenario
Corruption in India is a consequence of the nexus between Bureaucracy, politics, and criminals. India is now no longer considered a soft state. It has now become a consideration state where everything can be had for a consideration. Today, the number of ministers with an honest image can be counted on fingers. At one time, bribe was paid for getting wrong things done, but now bribe is paid for getting the right things at the right time.
Corruption is widespread in India. India has been ranked 78th out of 180 countries in Transparency International’s 2018 corruption perception index (CPI). Corruption has taken the role of a pervasive aspect of Indian Politics and Bureaucracy.
In Indian civilization, corruption has caused maximum suffering to humankind. In ancient Indian history, the great Indian philosopher Kautilya says, “just as it is not possible, not to taste honey or poison put on the surface of the tongue, so it is not possible for the government servant dealing with money not to taste it in however small a quantity.”
Causes of Corruption
Causes of corruption are complicated to find and hard to analyze. Because many open challenges of subjective can be put forth. The causes of corruption are many and complex. The causes responsible for corruption, as enlisted by C. B. Mamoria, will be discussed on the following below:
Economic Insecurity:
This is regarded as the most important cause of corruption. The poor people become corrupt in the hope of becoming rich. The rich indulge in it for fear of losing what they have. The rich have a craving for luxurious goods and imported commodities, such as dresses, telephone receivers, calculators, cosmetics, transistors, air conditioners, T.V.s, wrist watches, etc. This encourages smuggling on a massive scale.
High Rate of Income Tax:
Since tax rates are comparatively high in India, even honest people are often tempted to escape from it by making false returns of their property and income. Many of the officers in the Income Tax Department are also equally corrupt, and they thrive on bribery.
Income tax officers, policemen, sales tax officers, excise inspectors, and others started minting money not only from the black marketers and tax evaders, but also from innocent people who gave bribes in order to avoid suffering and humiliation at the hands of these officials.
Meagre Salary Being Paid to the Government Servants:
Employees in some of the government departments are paid comparatively very less salary. Hence they find the wrong ways to earn that extra money.They expect tips and bribes even for doing their regular or routine duties. It has been estimated that 60% to 70% of the officers are corrupt in one form or the other.
The emergence of New Sources of Wealth and Power:
The modern political and economic setup provides a chance for the politicians in power to make money through illegal means. The thirst for earning more money and getting more power makes the man walk unethical paths to reach their goals.
The System of Democracy:
The present style of functioning of democracy in India also contributes to corruption. All parties, especially the ruling party, spend crores of rupees on each election. This money comes from prominent businessmen, industrialists, and other rich men who have their own vested interests in financing the elections.
They supply money to the party elections in the form of “black money.” This, in turn, gives them a license, a ‘moral’ justification for accumulating “number – two” money (unaccounted money) in different forms.
The Very Presence of Black Money:
The existence of large amounts of unaccounted black money is one of the main sources of corruption. India has a huge amount of black money stored in the form of cash, gold, and land and accounts in the Swiss bank. Corrupt politicians use their illegally earned money; invest them into their own or someone else’s business to make it white (legal income).
Social and Economic Modernization:
It is said that modernization breeds corruption in industrial society, which “offers prizes for doing evil; money, position, power,” besides bringing about attitudinal changes in the system. New loyalties and new identifications emerge among individuals and groups. This contributes to an increase in the incidence of corruption.
Effects of Corruption
Indian administration is tainted with scandals. In 2016 and 2018, respectively, the Transparency International India report released, India was among 79th of the 176 countries and 78th out of 180 countries where corruption is rampant, according to the Corruption Perception Index (CPI). Corruption in India leads to promotion, not prison. It is very difficult to catch big sharks. Corruption in India has wings, not wheels. As the nation grows, the corrupt also grow to invent new methods of cheating the government and the public.
Corruption has knowingly or unknowingly affected the lives of people in India. Corruption has a long-lasting impact on the people in our country, the economy, and society. The following are the direct and indirect effects of corruption.
Loss to taxpayers:
Working class people keep on paying taxes to the government, but it is being misused and falls into pockets of others in form of corruption.
Inflation:
Poor people are becoming poorer and rich people are getting richer day by day. Daily-based commodities are going out of reach for people.
Lack of Facilities:
People’s money which should be used in public work is going to corrupt people’s pockets; hence the facilities hinder.
Measures are taken to prevent corruption in India.
Dr. A. P. J. Abdul Kalam clearly stated that “If we cannot make India corruption-free, then the vision of making the nation develop by 2020 would remain as a dream.”
Corruption is cancer, which every Indian must strike to cure. Many new leaders declare their determination to eradicate corruption, but soon, they become corrupt and start amassing huge wealth. Many people become materialistic and money money-oriented, and no importance of ethics and morals in business dealing. This is because these kinds of people have no moral accountability to anybody or society, or nation.
There are many myths about corruption that have to be exploded if we really want to combat it. For example, public awareness is must to combat corruption in India, for this education system should be compulsory because we believe only through education is considered to be the best mean to understand fundamental rights and can differential between right or wrong conversation.
Let us try to highlight some of the measures to be taken to prevent corruption in India:
The Prevention of Corruption Act, 1947:
The Act declared such corrupt acts as offenses as taking bribes, misappropriation, obtaining a pecuniary advantage, possessing assets disproportionate to income, and abusing official position. However, the authority for the prosecution was vested only in the department authorities and not in the Central Bureau of Investigation.
The Prevention of Corruption Act, 1988:
The 1988 Act enlarged the scope of the term ‘public servant’ and included a large number of employees within its ambit. Besides the employees of the central government and the union territories, the employees of public undertakings, nationalized banks, office bearers of cooperative societies of the central and the state governments receiving financial aid, employees of the University Grants Commission (UGC), Vice-Chancellors, Professors and governments or even from the local authorities have all been declared as public servants. However, the Member of Parliament (MPs) Member of the Legislative Assembly (MLAs), even though performing ‘public duties,’ have been kept out of the ambit of the Act. The Act covers all the ‘corrupt’ acts as covered by the 1947 Act (bribe, misappropriation, obtaining pecuniary advantage, possessing assets disproportionate to income, etc.) The Act extends to the whole of India except Jammu and Kashmir and applies to all Indian citizens, whether living in the country or outside it.
The Prevention of Money-laundering Act 2002:
The Prevention of Money Laundering Act, 2002 was enacted in January 2003. The Act, along with the rules framed there under, has come into force with effect from 1st July, 2005. The Act defines the offense of money laundering as whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is involved in any process or activity connected with the proceeds of crime and projecting it as untainted property, shall be guilty of the offence of money laundering. It prescribes an obligation on banking companies, financial institutions, and intermediaries for verification and maintenance of records of the identity of all its clients and also of all transactions and for furnishing information of such transactions in a prescribed form to the Financial Intelligence Unit-India (FIU-IND). It also empowers the Director of FIU-IND to impose a fine on a banking company, financial institution, or intermediary if it or any of its officers fail to comply with the provisions of the Act.
The Central Vigilance Commission Act, 2003:
The Government has sought to promote preventive vigilance through the Central Vigilance Commission. Several preventive vigilance measures have been introduced by the CVC. Measures like Government E-Market (GEM) have helped improve the accountability and integrity in public procurement. The Commission has sought to promote ethics through education of students and youth, observance of vigilance awareness weeks, process simplification to reduce discretion and interface with public servants, focus on training and skill development, and awarding exemplary punishment in all cases of proven misconduct to create deterrence. The CVC has sought to create a people’s movement against corruption through an e-pledge to be voluntarily taken by the citizens and organizations.
The Government set up the CVC in February 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam. In 2003, the Parliament enacted CVC Act conferring statutory status on the CVC. Any Ministry or Department does not control the CVC. It is an independent body that is only responsible to the Parliament.
Another potent check on corruption is Central Vigilance Commission (CVC). The Government set it up to advise and guide Central Government agencies in the areas of vigilance. If there are any cases of corruption or any complaints thereof, then that can be reported to the CVC. CVC also shoulders the responsibility of creating more awareness among people regarding the consequences of giving and taking bribes and corruption.
The Right to Information Act, 2005:
There have been significant efforts made to promote transparency in Government. The Right to Information (RTI) Act is a rights-based law that has created a durable stake for citizens in the administration of the Nation. The RTI Act has led to improvements in governance. By sharing information, the citizens have become part of the decision-making process, which leads to creation of trust between citizens and the Government. The Prevention of Corruption Act is an Act to consolidate the law relating to the prevention of corruption. The law provides for punishments for taking gratification other than legal remuneration in respect of official acts. The investigative powers have been given to the Central Bureau of Investigation (CBI) and State Police Authorities. The government has said that accountability standards for public servants have to be kept at realistic levels so that officers do not hesitate in making honest decisions.
The Right to Information Act (RTI) gives one all the required information about the Government, such as what the Government is doing with our tax payments. Under this Act, one has the right to ask the Government about any problem which one faces. There is a Public Information Officer (PIO) appointed in every Government department, who is responsible for collecting information wanted by the citizens and providing them with the relevant information on payment of a nominal fee to the PIO. If the PIO refuses to accept the application or if the applicant does not receive the required information on time, then the applicant can make a complaint to the respective information commission, which has the power to impose a penalty of up to Rs.25000 on the errant PIO.
The Whistle Blowers Protection Act, 2014:
It establishes a mechanism to receive complaints relating to the disclosure of any allegation of corruption or wilful misuse of power, or willful misuse of discretion against any public servants, including Ministers, Members of Parliament, the lower judiciary, regulatory authorities, central and state government employees, etc., and to inquire or cause an inquiry into such disclosure and to provide adequate safeguards against victimization of the person making such complaint and for matters connected in addition to that and incidental to it. It extends to the whole of India except the State of Jammu and Kashmir.
The Benami Transactions (Prohibition) Amendment Act, 2016:
Any property, whether movable or immovable, tangible or intangible, which has been the subject matter of a Benami transaction, is a Benami property. The Act defined a ‘benami transaction’ as “any transaction in which property is transferred to one person for a consideration paid or provided by another person.” This would also include the consideration received from such property. Benami property would also have the right or such other document evidencing title or interest in such property.
For example, a property is purchased and registered in the name of Mr. A. However, and it is Mr. B who pays for the same. Mr. A only agrees to hold the property for Mr. B. This makes Mr. B the beneficial owner of the property.
This Act was amended to empower the Income Tax authorities to attach and confiscate Benami properties. Besides, if a person is found guilty of the offense of a benami transaction by the competent court, that case, he shall be punishable with rigorous imprisonment. He shall also be liable to a fine. Several benami transactions have been identified since the coming into effect of the amended law.
The Lokpal and Lokayukta Act, 2013:
It seeks to provide for the establishment of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for related matters. The Act extends to the whole of India, including Jammu & Kashmir, and applies to “public servants” within and outside India. The act mandates for creation of Lokpal for Union and Lokayukta for states.
India is continuing the fight against corruption and black money. These efforts mentioned above would not be let go in vain; instead, they should be led on smarter governance to yield positive results.
Towards a Corruption Free India
Some suggestions have been made to combat the extent of corruption in Indian administration; some of these are examined below.
The administrative procedures should be simplified and de-lays eliminated; it is one of the main causes of corruption in India. To reduce and control corruption in the administration, it is necessary to eliminate such type of procedures and delays. Office procedures should be simplified and the level of hierarchy reduced. A new pattern of the decision-making process ought to be evolved.
Law should be passed to make it obligatory for all ministers, MPs, MLAs, all levels of public servants to declare the assets owned by them, their spouses, and children every year. These should be made available to everyone who wants to pay for it. Any falsification should be declared a punishable offense.
The most important thing is to have an autonomous and effective agency to investigate corruption cases; the present form of the Central Bureau Investigation and Central and State Vigilance Commission is not having proper autonomy to function effectively.
Separate courts should be established to deal with corruption cases in India.
Administrative Courts should be created for redressal of citizens grievances against administrative authorities. These courts should deal with administrative law for the trial of cases of disputes between citizens and administration. It should be separated from the ordinary court.
Bureaucracy in its present form is inefficient, rule-oriented, dysfunctional, and also highly corrupt. We have to find out a new model of bureaucracy in place of the old one.
Our administration should have improved good governance parameters. It can help minimize the extent of corruption in the Indian administration.
Our administration should have improved good governance parameters. It can help minimize the extent of corruption in the Indian administration.
The biggest cause of corruption in today’s India is the acts of politicians and political parties. It is an urgent need to evolve a new strategy and code of conduct to regulate political party activities. Strong amendments should be made to the People’s Representation Act.
Decentralized administration helps to reduce corruption. Because it takes the decision-making process closer to beneficiaries at the bottom level. Devolution of more powers to local self-government institutions is mandatory for reducing corruption in India.
Governmental decisions are taken at various levels of administration where the use of discretionary power may be involved. It is difficult for legislators to exercise control over administration, and also Judiciary is bogged down by heaps of mounting arrears of cases. So the principle of accountability does not work in the desired manner. We have to ensure accountability at all levels of administration.
A strong civil society that will take the initiative instead of depending helplessly on politicians and officials to fight against corruption.
Public opinion must be created against corrupt politicians and officers. Unless people take up cudgels against corruption, no amount of anti-corruption measures can succeed; and the establishment of anti-corruption solid institutions like Lokpal at the Centre and Lokayukta in the State should have powers to investigate, prosecute, and award staff punishment, with all public servants under its jurisdiction, including the highest in the land.
Corruption is an intractable problem. It is like diabetes, and it can only be controlled but not eliminated. It may not be possible to root out corruption completely at all levels, but it is possible to contain it within tolerable limits. Honest and dedicated persons in public life and control over electoral expenses could be the most important prescriptions to combat corruption. Corruption has a corrosive impact on our economy. It worsens our image in international market and leads to loss of overseas opportunities. Corruption is a global problem that all countries of the world have to confront; solutions, however, can only be homegrown. We have tolerated corruption for so long. The time has now come to root it out from its roots.
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