Measures Against Corruption in India
- A definition of corruption is the misuse of authority for personal benefit. It may have a variety of effects on how a country develops.
The effects of corruption:
- Political Costs: The political costs of corruption include less public confidence in political institutions, decreased political engagement, tainted elections, fewer political options for citizens, and diminished legitimacy of the democratic system.
- Economic costs: Corruption lowers economic efficiency by redistributing resources in favour of rent-seeking activities, raising the cost of public transactions, and acting as an additional tax on a company, hence lowering investment, and reducing genuine commercial rivalry.
- Social Costs: Corruption skews value systems and incorrectly accords higher prestige to professions that provide opportunities for rent-seeking. A populace that has lost hope and a weak civil society, as a result, attracts dishonest politicians.
- Environmental Costs: Projects that have a negative impact on the environment are given priority funding because they are simple targets for money-laundering schemes involving public funds.
- National security concerns: Corruption within security agencies can pose a threat to national security through procurement distortion, the hiring of ineligible individuals, the provision of a simple pathway for the smuggling of weapons and terrorist elements into the nation, as well as money laundering.
Laws Governing the Fight Against Corruption:
- The 1988 Prevention of Corruption Act outlines sanctions for both public workers who commit acts of corruption and those who aid in their commission.
- The 2018 amendment made both the taking of bribes by public employees and the giving of bribes by anyone illegal.
- The Prevention of Money Laundering Act, 2002 forbids the use of “proceeds of crime” in India and tries to stop instances of money laundering.
- Money laundering is a serious offense that carries harsh penalties, such as up to 10 years in prison and the seizure of the accused’s property (even at a preliminary stage of investigation and not necessarily after conviction).
- Corporate governance and fraud prevention in the corporate sector are both covered by the Companies Act of 2013. According to the Companies Act, “fraud” is a criminal offense and has a broad scope.
- The Ministry of Corporate Affairs, which is in charge of handling white-collar crimes and offenses in businesses, has established the Serious Frauds Investigation Office (SFIO), which is responsible for instances primarily involving fraud.
- In accordance with the terms of the Companies Act, the SFIO conducts investigations.
- The Indian Penal Code, 1860, has provisions that, depending on how they are construed, can apply to crimes involving bribery, fraud, criminal breach of trust, and cheating.
- The Foreign Contribution (Regulation) Act, 2010, governs how people and corporations may receive and make use of foreign contributions and hospitality.
- Receiving foreign donations requires previous registration with or approval from the Ministry of Home Affairs; in the absence of such registration or authorization, receiving foreign contributions may be deemed unlawful.
Regulatory Structure:
- An ombudsman for the national and state governments is to be established, according to the Lokpal and Lokayuktas Act of 2013. (Lokpal and Lokayuktas, respectively).
- These organizations, which must operate independently of the government, are given the authority to look into charges of corruption against public officials, including the prime minister and other ministers.
- Despite being founded in 1964, the Central Vigilance Commission didn’t become a separate legislative entity until a Parliamentary Act in 2003.
- Its duties include supervising the vigilance administration and assisting the executive in issues of corruption.
Lokayukta and Lokpal:
- The Lokpal and Lokayukta Act, 2013, allowed for the creation of Lokayukta for the States and Lokpal for the Union.
- The Bill was approved by both Houses of Parliament in 2013 and went into effect on January 16, 2014.
- These organizations are statutory organizations with no constitutional authority.
- They serve as an “ombudsman” and look into complaints of corruption against specific public officials as well as other connected issues.
- By Dr. L. M. Singhvi, the terms Lokpal and Lokayukta were created.
Composition:
- The Lokpal is a multi-member body with a maximum of 8 members and a chairperson.
- Half of the maximum eight members must be judges, and at least 50% of the members must be women, people of colour, or from the SC/ST/OBC/minority groups.
- Either the former Chief Justice of India, a former Supreme Court judge, or a distinguished individual with unwavering integrity and exceptional talent should serve as the Lokpal’s chair.
- The chairman and members of the Lokpal have a five-year tenure in office, or until they turn 70.
- The Prime Minister, Ministers, Members of Parliament, Groups A, B, C, and D officers, as well as Central Government officials, are under the purview of the Lokpal.
- The Prime Minister was subject to the Lokpal’s jurisdiction, with the exception of claims of corruption involving public order, atomic energy, international relations, or security.
- Ministers and MPs are not subject to the Lokpal’s oversight on anything said or a vote taken in Parliament.
Steps to Take:
- Boost oversight organizations to guarantee that aid reaches those who need it the most. Institutions charged with monitoring and policing corruption must have access to adequate funding, resources, and independence to carry out their functions.
- To ensure that the public obtains simple, accessible, timely, and useful information, publish pertinent data and ensure access to information.
- To fight corruption, all organizations should work together. As “Prevention is better than cure,” preventive corruption measures must be valued and utilized.
