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VisionIAS Weekly Focus November 2023 Countering Corruption Indias Ongoing Battle
VisionIAS Weekly Focus November 2023 Countering Corruption Indias Ongoing Battle
COUNTERING CORRUPTION
India's Ongoing Battle...
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pervasive problem touches every 2. What are the implications of widespread corruption for 3
facet of public life and governance India’s development and progress?
and poses a significant obstacle 5
3. What is India doing to prevent and combat corruption within
to India’s progress, undermining
its systems and institutions?
its institutions, eroding trust,
and hindering socio-economic 3.1. What measures have been taken at the global level to combat 7
development. Since Independence, corruption?
India has made large strides in the 4. What hinders India’s efforts to combat corruption effectively? 7
fight against corruption. However,
as per Corruption Perceptions Index 5. In what ways can India strengthen its fight against corruption? 9
2022, India ranks at 85th among Conclusion 10
180 countries. As such, India
Topic at a Glance 11
still has a long way from being a
corruption free country. Boxes and Tables 12
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1. What does the term “corruption” mean and to what extent it prevails in
India?
The word “corrupt” is derived from the Latin word “corruptus” which means to abuse or destroy. Corruption is a global
phenomenon and is defined as misuse of public position or power for personal gains. As per United Nations
Development Programme,
Corruption = (monopoly + discretion) − (accountability + integrity + transparency)
There are different forms of corruption including highest incidences of bribery and use of personal
bribery, embezzlement, extortion, networking, under- connections to access key public services such as health
the-table transactions, manipulation of the election and education.
result, money laundering, and more.
While the country’s score has remained stagnant over
According to the latest Corruption Perceptions Index by the past decade, some of the mechanisms that could
Transparency International (TI), India has one of the help reign in corruption are weakening.
1.2. What are the root causes that sustain corruption in India?
The root causes of corruption are multifaceted and complex, spanning structural, societal, and political factors. These
factors shape the individual reasoning leading to corrupt practices among individuals both in public and private sector
and thereby contributing to the continuing presence of corruption in the country.
Institutional Factors Public procurement: According to World Bank
estimate, the average bribe to obtain a public contract
Systemic issues: The process of decision making
in India is estimated at 15% of the contract value.
coupled with discretion, official secrecy, rigid
bureaucratic structures and processes breeds Lack of Independent agency: The existing agencies
corruption. Lack of public action and absence of a for example CBI are under the control of either
strong public forum to oppose corruption allows it the government or the bureaucrats are not free to
to reign in the country. investigate corruption cases.
» For example - Major corruption cases like Bofors Norms and Values
scam, 1986, Fodder
Lack of values: Focus on rote learning and
scam,1996 and Telgi’s
lack of emphasis on value education can breed
counterfeit stamp Power tends to
corrupt, and dishonesty and corruption.
paper scam, 2002
absolute power Social Acceptance: Over the years, social stigma
exploited bureaucratic corrupts
inefficiencies, a lack absolutely. - Lord Acton
attached to corruption has reduced and there is
of transparency and now growing social acceptance and tolerance for
oversight mechanism. corruption.
Elections: During election time, corruption is at its Collective action problem
peak to meet high cost of election and to seek personal
Low remuneration: Below average or low
favour. Bribery to politicians buys influences and
remuneration in a highly inflationary economy
bribery by politicians buys votes.
drive government officials to use unlawful and illegal
» In Cash for Votes Scandal, 2008, during a trust means of deriving income.
vote in the Lok Sabha, several MPs were caught on
» Instances of bribery and corruption among
camera accepting cash in exchange for their votes.
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police officers are often attributed to inadequate » The 2010 Commonwealth Games scam
salaries. exposed poor oversight and implementation of
Competition: The competition in the market with anti-corruption measures within the organizing
respect to power, position, jobs, and education committee.
keeps the bug of corruption alive in society. Opaque System: Lack of access to information
publicly hampers scrutiny, accountability and it
Functional issues
becomes easier for corruption to occur behind closed
Poor implementation: There exists strong doors.
governance structure, oversight institutions (CVC, » The public distribution system (PDS) is
CAG etc.), legal framework (Prevention of corruption vulnerable to corruption when beneficiaries
Act) and policies in India. However, there is a huge lack access to information about their entitlements
gap between the policies and practice. and supplies.
Institutional/Principal- I have a chance to do something corrupt. I probably will not get caught, and if I do, I
Agent problems probably will not be punished.
The system is not going to change, so why bother trying? It is futile and illogical to
Collective action problems resist. Why should I be the only one who does not benefit from the opportunities that
exist?
Justifying norms and This is how things work. I have my family, community, colleagues, boss, and political
values party to think about, and they are counting on me.
The system is broken. Corruption is the logical- and perhaps the only - way to get things
Functionality issues
done, or to stop things from getting worse.
Gender inequality: Corruption restricts women’s Environmental cost: Corrupt officials may grant
access to opportunities and public resources. It permits to illegal environmental activities, such as
disproportionately affects those with less power, poaching, illegal logging, or toxic waste dumping.
often through gender-specific forms like sexual
For instance, illegal rhino horn trade persists due
bribery, perpetuating social, cultural, and political
to corruption among officials and dealers.
discrimination.
» As per Transparency International study, number Implications for National Security
of mothers dying during childbirth increases Links between Organized crime and corruption:
exponentially in countries where there is a higher Criminal, bureaucrat and political nexus can support
incidence of bribery. illegal activities such as money laundering, drug
Political cost trafficking, kidnapping etc.
Conflict and social unrest: Corruption leads to
Undermine principles of democracy: Corruption
unequal distribution of resources and opportunities
distorts political processes, and influences election
thereby creating conditions in which conflict is
outcomes.
more likely to occur by fostering division between
Impaired Rule of Law: Corruption can lead different groups and eating away at the rule of law.
to selective enforcement of laws and a lack of
» It also make a country vulnerable to undue
accountability for those in power.
influence from foreign actors.
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3. What is India doing to prevent and combat corruption within its systems
and institutions?
Given the magnitude and pernicious nature of corruption affecting every aspect of society and economy, various concerted
efforts have been made to reduce level of corruption.
Legal framework
Provides that any public servant who accepts or attempts to accept from any
Prevention of Corruption
person any undue advantage in lieu of performance of a public duty shall be
(Amendment) Act (PCA), 2018
punishable with imprisonment for a minimum term of 3 years and maximum of
7 years.
Fugitive Economic Offenders Covers cases of benami transactions, corporate fraud, evasion of income tax,
Act, 2018 PCA and PMLA, etc.
Whistle Blowers Protection Provide a framework to investigate alleged corruption and misuse of power by
Act 2014 public servants and to protect persons who allege any wrongdoings.
Provides for corporate governance and prevention of corruption and fraud in
the corporate sector.
Companies Act, 2013
Serious Fraud Investigation Office (SFIO), was established under the act for
detecting and prosecuting white-collar crimes/frauds.
Foreign Contribution To prohibit the foreign dealings and regulating the foreign contributions in
Regulation Act (FCRA), 2010 the country.
Provides for the smoother and greater access to information to Indian citizens
Right to Information (RTI) through a citizen-centric approach.
Act, 2005
Scams relating to Commonwealth Games were unearthed by an RTI applicant.
Prevention of Money It aims to prevent money-laundering and provide for confiscation of property
Laundering Act (PMLA) 2002 derived from money-laundering.
Section 169 pertains to a public servant unlawfully buying or bidding for
Indian Penal code - 1860 property.
Section 409 pertains to criminal breach of trust by a public servant.
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DSPE Act was brought into force to investigate cases of bribery and corruption by
Central Government employees.
Section 6A of DSPE Act (inserted in 2003) required CBI to obtain approval of
Struck down section 6A the Centre to proceed in corruption cases against officers of the rank of joint
of Delhi Special Police secretary and above.
Establishment (DSPE) Act
1946. This provision was struck down as unconstitutional by SC in Subramanian
Swamy v. Union of India case (2014).
Recently, Supreme Court ruled that its 2014 decision applies retrospectively
from 2003 thus removing the immunity to central government employees.
Digitalisation Initiatives
Under it, initiatives like DigiLocker, e-Hospital, e-Sign, MyGov, Digital Village etc.
Digital India Programme,
have helped in delivery of substantial services directly to the beneficiary in a
MeitY
transparent and corruption free manner.
Government E-Marketplace It enables government for online procurement of goods and services thereby
(GeM), Ministry of Commerce ensuring transparency and reduced corruption risk through API-integrated
and Industry user authentication.
Promotes Creates an
ethical use enabling
and minimizes Digital governance, institutional architecture and an effective set of rules to environment
risks of misuse complement traditional regulation, policy and governance processes; including data
policies and laws that address data collection, storage, protection and security.
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3.1. What measures have been taken at the global level to combat corruption?
Financial Action Task Force To aid the fight against corruption through strengthening FATF Standards on
(FATF) beneficial ownership, to prevent the corrupt from hiding funds.
Sustainable Development SDG 16 (Peace, Justice and Strong Institutions) acknowledges the importance of
Goals (SDGs) anti-corruption as an institutional principle.
audits and involvement of NGOs also raises question Also, performance of the Anti-corruption
on the authenticity of the report. ombudsman Lokpal has been questioned as it has
not prosecuted a single person accused of graft to
Vacancy and Performance: Lokpal and Lokayuktas date.
Act, 2013 provided for establishing a body i.e. the
Lokpal to be headed by a Chairperson. However, the
first chairperson was appointed in 2019, making the
body defunct for nearly 6 years.
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Promote and encourage active citizenry, Improve the integrity and credibility of the public
whistleblowing, integrity and transparency in all procurement system.
spheres of society.
Strengthen the resourcing, coordination,
Advance the professionalisation of employees
transnational cooperation, performance,
in all sectors to optimise their contribution to create
accountability and independence of dedicated anti-
corrupt-free workplaces.
corruption agencies.
Enhance governance oversight and consequence Protect vulnerable sectors that are most prone to
management in organisations. corruption and unethical practices with effective risk
management
Conclusion
Corruption remains a complex and multifaceted challenge in India, affecting every aspect of society and governance. It
may not be possible to root out corruption completely at all levels but it is possible to contain it within tolerable limits. A
multi-faceted approach addressing the root causes, fostering transparency, and promoting a culture of integrity are pivotal
in creating a corruption-free society as India aims to emerge as a responsible global actor.
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Topic at a glance
Countering Corruption: India’s Ongoing Battle
Corruption is defined as misuse of public position or power for personal gains. As per UNDP, Corruption = (monopoly +
discretion) − (accountability + integrity + transparency). As per Corruption Perceptions Index 2022, India ranks at 85th
among 180 countries.
In elections to meet high cost of election and to seek Social cost: Corruption erodes public trust, Hinders access
personal favour. to essential services, Hampers freedom of speech, Affects
women through gender-specific forms like sexual bribery.
Lack of Independent agency to investigate corruption
cases. Political cost: Corruption undermines principles of
democracy, distorts political processes, and influences
Norms and Values: Lack of emphasis on value education election outcomes.
and Social acceptance to corruption.
Environmental cost: Corruption encourages illegal
Collective action problem: Low remuneration and environmental activities like poaching, illegal logging.
Competition in market with respect to power, position,
jobs, and education. Implications for National Security: Corruption supports
the ongoing existence of organized crime and creates
Functional issues such as Poor implementation of legal conflict conditions.
framework and policies and Lack of access to information.
Regulatory framework: Lokpal and Lokayuktas Act, 2013, Delayed investigation due to technical nature of crimes.
CVC; CBI; ECI; Directorate of Enforcement (ED); CAG. Lack of Coordination among agencies and Lack of
Legal framework: Prevention of Corruption (Amendment) Technical expertise.
Act, Fugitive Economic Offenders Act, Whistle Blowers Overburdened Judiciary: 3 crore pending cases.
Protection Act, etc.
Lack of political will led to weak implementation of law.
Supreme Court struck down section 6A of Delhi Special
Police Establishment (DSPE) Act 1946. Vacancy and poor performance: First chairperson for
Lokpal appointed in 2019, making Lokpal defunct for nearly
Digitalisation Initiatives: Digital India Programme, 6 years.
Government E-Marketplace (GeM).
CSO initiatives: ‘I Paid a Bribe’ online platform; Zero Rupee
Note etc.
Way forward
Box 1.1. Root causes shaping individual reasoning for corruption ........................................................... 3
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