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Corruption in INDIA: The Emperor of All Maladies: Puspesh Kashyap
Corruption in INDIA: The Emperor of All Maladies: Puspesh Kashyap
PUSPESH KASHYAP.
Agenda
Introduction
Causes & Symptoms
Major Corruption Scams Anti-Corruptions Movements Success Stories Corrective Measures & Recommendations
Agenda
Introduction
Causes & Symptoms
Major Corruption Scams Anti-Corruptions Movements Success Stories Corrective Measures & Recommendations
Introduction
Forms of Corruption
Corruption comes from Latin corrupts, meaning utterly broken. Monetary corruption in the limited sense of bribes, kickbacks and skimming are easily identified than policies that are deliberately skewed (Patel, 2011) Corruption was always in the news ever since Independence
Police
Political
Corporate
Agenda
Introduction
Causes & Symptoms
Major Corruption Scams Anti-Corruptions Movements Success Stories Corrective Measures & Recommendations
Payment of Bribe
Black Money
No Accountability
No Monitoring System
Lack of Transparency
High Competition
Tax Evasion
Agenda
Introduction
Causes & Symptoms
Major Corruption Scams Anti-Corruptions Movements Success Stories Corrective Measures & Recommendations
2g Spectrum : A Raja
Coal Gate
CWG Scam
Bidding Excessive Budget Overrun Improper allocation of contracts Unaccounted money sent to AM films & AM care Hire Increase taxes Roll back on subsidies Unnecessary increase in budget for communication, security and traffic Prices shot up due to shorter deadlines Unhygienic bathrooms, animal, footprints on beds Exposed wiring Water flooding in the buildings
Agenda
Introduction
Causes & Symptoms
Major Corruption Scams Anti-Corruptions Movements Success Stories Corrective Measures & Recommendations
Jayaprakash Narayan
Total Revolution (1974-77)
Anna Hazare
India Against Corruption (2011-12)
Intentional
Unplanned
Long-Lasting
Brief
Bihar Movement
Allahabad High Court declared Lok Sabha 1971 election which Indira Gandhi won as void due to electoral malpractice (State of Uttar Pradesh v. Raj Narain)
State of Emergency Emergency declared on midnight of 25 June 1975 Janata Party formed First non-Congress government in 1977 Emergence of other eminent leaders like Raj Narain Atal Bihari Vajpayee Lal Krishna Advani Lalu Prasad Yadav George Fernandes H. D. Deve Gowda
A study conducted by Transparency International in 2005 found that 62% of Indians had payed bribe 75% of the participants felt that the corruption trend was increasing Annual bribe amount s to the tune of $5 billion Most corrupt department is the Police, closely followed by Judiciary and Land administration
Accusations against judiciary Soumitra Sen, High Court judge of West Bengal faced impeachment by Parliament P. D. Dinakaran, the Chief Justice of Sikkim took voluntary retirement
Almost all politicians involved in land deals, oil scandals, financial scams, mining operations and fraudulent business deals
http://www.indiaagainstcorruption.co m/
Inspired by the Hong Kong Independent Commission Against Corruption (ICAC) Registered body originally associated with the Hindustan Republican Association founded in 1923 Lokpal bill was initially introduced by Shanti Bhushan in 1968 and passed by Lok Sabha in 1969, but lapsed due to dissolution of the parliament
Nine further versions were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008
IAC Timeline
Anti-Corruption Press Conference 05/04/2011
29/10/2010
17/03/2011
14/11/2010 13/03/2011 Protest in Parliament Street Police Station against CWG Corruption Wikileaks' Cash-forVotes Scandal
Anna Hazare began his Indefinite Fast at Jantar Mantar for passing Jan Lokpal Bill
30/01/2011
IAC Timeline
Hazare's strike led to the resignation of Agriculture Minister Sharad Pawar from the Group of Ministers on corruption 07/04/2011 06/08/2011 06/08/2012
03/08/2012
09/04/2011 29/07/2012 Government agreed to have a 50:50 distribution in the Lokpal bill drafting committee
Hazare dissolved the core committee, stating as the Govt is not ready to enact Jan Lokpal Bill, it was decided not to hold any more talks with them
The fast ended. Arvind Kejriwal and Prashant Bhushan announced the formation a new political party
25/07/2012
To establish a central Lokpal, supported by state Lokayukta Independent of the government and free from ministerial influence Members appointed by judges, IAS officers with a clean record, private citizens and constitutional authorities
Investigations of case must be completed in one year Government work required by a citizen not completed within a prescribed time will result in Lokpal imposing penalties Losses by a corrupt individual will be recovered at the time of conviction
Complaints against any officer of Lokpal will be investigated and completed within one month and if found guilty, will result in the officer being dismissed within two months Anti-corruption agencies such as CVC and the anticorruption branch of CBI will be merged into Lokpal which will have authority to investigate and prosecute anyone Whistle-blowers are to be provided with protection
Lokpal will have no power to initiate suo motu action Lokpal will have powers to initiate suo motu action or or receive complaints of corruption from the general receive complaints of corruption from the general public. It can only probe complaints forwarded by the public. Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. Lokpal will only be an Advisory Body with a role Lokpal will have the power to initiate prosecution of limited to forwarding reports to a "Competent anyone found guilty. Authority". Lokpal will have no police powers and no ability to Lokpal will have police powers as well as the ability to register an FIR or proceed with criminal register FIRs. investigations. Lokpal and the anti corruption wing of the CBI will be The CBI and Lokpal will be unconnected. one independent body. Punishments will be a minimum of 1 year and a Punishment for corruption will be a minimum of 6 maximum of up to life imprisonment. months and a maximum of up to 7 years. Covers all public servants including govt. employees, judges, MPs, Ministers and PM Covers MPs, Ministers, Officers but excludes PM, judiciary & any action of an MP in the Parliament
Peoples movement Tracking and Tracing of Black Money Forfeiting benami property, foreign bribery, money laundering, and whistle-blowing bills Investigations to complete within a year Incentives for successful complaints Independent body Effective usage of social media
Concentrates on symptoms rather than root cause Doesnt address opaque management of political activities False complaints to defame people Extremely dangerous to give autonomy to single body
IAC Movement
Agenda
Introduction
Causes & Symptoms
Major Corruption Scams Anti-Corruptions Movements Success Story Corrective Measures & Recommendations
Endowed under Prevention of Corruption Act 1988 with suo moto powers
Lessons for the Lokpal Bill: -Necessity of a strong investigation and prosecution arm -Failure to complete investigations -Presumption of a strong criminal conviction body
Success Stories
Bhoomi, egovernance project in Karnataka
Features
Fully online system Biometric authentication Accountability Land record centre Synchronization Touch Screen Kiosks
Features
Transparent system Speedy, efficient, consistent & reliable Replacing manual system Electronic search Electronic document writing
Features
Electronic weighbridges, video cameras & computers 10 remote inter state check posts computerized Pre paid card system for payments at check posts Minimum intervention by RTO officers
Agenda
Introduction
Causes & Symptoms
Major Corruption Scams Anti-Corruptions Movements Success Stories Corrective Measures & Recommendations
Government Initiative
Step 1
Adoption of major electoral reforms Use of existing laws to mandate governments and local authorities so as to empower people with adequate information
Step 2
Greater transparency in the decision-making process to safeguard against ill-pratices Severe punishment for the guilty Ineffective Prevention of Corruption Act as number of high level officials punished under this Act is negligible so strengthening of Anti-Corruption laws
Step 3
Citizen-friendly and people centric public services Limits on electoral expenditure Timely audit and its disclosure to help control corruption
Corruption Mitigation
Committed political leaders Simplificatio n of Rules & Procedures Strengthen people to fight corruption. Business and civil society that resists corruption.
Role of Society
new where
Transparency in public governance Civil society should strive to present actionable ideas and influence institutions Effective grievance redress mechanisms
References
Patel, G. (2011). What we talk about when we talk about corruption. Economic & Political Weekly, 46(17), pp. 13-16 http://cpi.transparency.org/cpi2012/results/, accessed on 10-03-2013 https://globalsociology.pbworks.com/w/page/14711254/Social%20Movements Pinto, A. S. J. (2011). Anna Hazares movement and Indias middle class. Social Action, 61(4), pp. 337-349 Tummala, K. K. (2009). Combating corruption: lessons out of India, International Public Management Review, 10(1), pp. 34-58 Kiran Karnik(6 Nov, 2012). Combating corruption: Try technology as it can be transformational Marianne Bertrand, Simeon Djankov, Rema Hanna, Sendhil Mullainathan. Corruption in Driving Licensing Process in Delhi, pp. 71-76 Narayana A, Sudhir Krishnaswamy, Vikas Kumar. Lokpal Bill: Lessons from the Karnataka Lokayuktas Performance, pp.12-16 Prashant Bhushan; The Hindu, January 2, 2012 , The saga of the Lokpal Bill