The Prayas ePathshala

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27 December 2023 – The Hindu

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Laws against Corruption in India

Context:

  • The Congress benefited from the perception of corruption in both the State and Central governments.

Introduction:

  • The misuse of authority for personal benefit is what we refer to as corruption. Corruption worsens social division, poverty, inequality, and the environmental catastrophe while undermining democracy and economic growth.
  • It is only possible to expose corruption and hold those responsible for it accountable if we comprehend the mechanisms that allow it to occur.

Prevention of Corruption Act, 1988:

  • The Prevention of Corruption Act, 1988 (henceforth referred to as PCA) went into effect on September 9, 1988. Its objective was to strengthen and expand the provisions of anti-corruption statutes in order to boost their overall efficacy.

Characteristics of the act:

  • It combines the Criminal Law Amendment Act, 1952, the Prevention of Corruption Act, 1947, and Sections 161 to 165-A of the Indian Penal Code, with only minimal changes to the original text.
  • Terms like “public duty” and “public servant” are now part of the definition.
  • It has shifted the burden of proof from the prosecution to the accused, as per the CrPC.
  • The Act’s provisions make it abundantly evident that the inquiry must be carried out by an officer, not by someone with a level lower than that of Deputy Superintendent of Police.
  • The Act covers bribery, misappropriation, obtaining an unfair financial advantage, possessing assets that are excessive for one’s income, and other corrupt actions.

Influence on politics related to elections:

  • Accusations levelled by the Congress and the BJP against the BRS government characterised the political climate during the Telangana Assembly elections. Throughout its duration, the government led by K. Chandrashekar Rao was accused of corruption. According to the results of the CSDS-Lokniti post-poll study, voters’ main grievances were centred around corruption.
  • In the State, about 50% of voters believed that corruption had gotten worse over the previous five years. Just under 25% of respondents thought that corruption has decreased. Of the voters, two out of ten said that corruption had not changed in the previous five years. The fact that corruption was rated as the second most objectionable activity of the BRS government is another indication of public dissatisfaction. Ten percent of voters said they were very concerned about this problem.
  • Voter decisions are impacted by this. Voters’ preferences for the Congress were significantly shaped by their perceptions of corruption in the BRS and BJP regimes as well as their attribution of the Congress’s anti-corruption initiatives.

Representation of the People Act (RPA), 1951:

Key characteristics:

  • It regulates the actual procedures used for elections and by-elections.
  • It provides the administrative instruments required for elections.
  • It is related to registering for a political party.
  • It lists the qualifications for House membership in addition to the disqualifications.
  • It has safeguards against additional transgressions and unethical activity.
  • It lays forth the procedure for settling disputes and queries after elections.

Way Forward:

  • Voter decisions are impacted by this. Voters’ preferences for the Congress were significantly shaped by their perceptions of corruption in the BRS and BJP regimes as well as their attribution of the Congress’s anti-corruption initiatives.

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