By - King Stubb & Kasiva on May 9, 2023
Corruption is a persistent issue in India that affects society, politics, and the economy. Despite efforts to address the problem, corruption scandals continue to make headlines, and it remains deeply ingrained in many aspects of public life. Transparency International's Corruption Perception Index 2022 ranks India 85th out of 180 countries, indicating a high level of corruption. The impact of corruption on various sectors, including healthcare, education, law enforcement, judicial administration, public procurement, and land administration, is well-documented.
Corruption takes many forms in India, such as bribery, favoritism, embezzlement, and abuse of power. Studies suggest that if corruption levels were to match those in Scandinavian countries, India's GDP could grow by an additional 1.5%. Corruption undermines democracy by eroding trust in public institutions and reducing the effectiveness of policies and projects.
India has implemented anti-corruption legislation and established agencies to investigate and punish unethical behavior. However, these laws and institutions face challenges such as political interference, inadequate resources, and inefficient judicial processes. Consequently, corruption continues to persist in India, and high-profile corruption scandals are frequently reported.
This article aims to look at the legal aspects of corruption in India in the following manner:
Corruption is a complex and multifaceted phenomenon that can take various forms. It refers to the exploitation of power or influence for personal gain, often at the expense of the public interest. In India, corruption can manifest itself in various ways, including bribery, nepotism, embezzlement, and abuse of power.
Laws, institutions, and processes for preventing and punishing corrupt activity comprise India’s legal framework for combating corruption. Among the most prominent legislative mechanisms designed to prevent and punish corruption in the country are the Prevention of Corruption Act of 1988, the Central Vigilance Commission, and the Lokpal and Lokayuktas Act of 2013.
The Prevention of Corruption Act[1] is a comprehensive piece of legislation that criminalizes bribery, unlawful gratification, and misuse of public office. The statute defines a public servant as anyone who occupies a public office and imposes harsh penalties, including jail, for corrupt activities. The statute also calls for the formation of special tribunals to accelerate cases involving corruption.
The Central Vigilance Commission (CVC)[2] was established by the Government of India in 1964 as an independent statutory organization to combat government corruption and promote openness. The commission is in charge of advising and assisting central government agencies with vigilance, corruption prevention, and integrity. Furthermore, it has the authority to investigate allegations of malfeasance against public officials and make appropriate recommendations.
Another key piece of legislation aimed at combating corruption in India is the Lokpal and Lokayuktas Act of 2013.[3] The Lokpal Act establishes an impartial anti-corruption ombudsman to investigate charges of wrongdoing against public authorities. The act also calls for the formation of state-level Lokayuktas to investigate charges of wrongdoing against state-level public officials.
These laws and institutions are meant to deter and punish corrupt behaviour in India by encouraging openness, accountability, and good governance. The Central Vigilance Commission and the Lokpal and Lokayuktas Act, both enacted in 2013, provide for independent oversight and investigation of corruption claims against public officials, whilst the Prevention of Corruption Act, enacted in 1988, calls for harsh penalties for corrupt conduct. In addition to these, the Ministry of Personnel, Public Grievances, and Pensions[4] have the responsibility of formulating and drafting policies regardingthe prevention of corruption and maintaining integrity in public administration.
Despite having a strong legal framework in place to combat corruption, India faces significant challenges in effectively implementing this framework.
Despite these challenges, notable achievements in India’s fight against corruption have occurred, such as the CBI’s successful prosecution of high-profile corruption cases and the establishment of Lokpal and Lokayuktas. However, the fight against corruption in India has a long way to go, and overcoming these roadblocks will be critical to making progress.
In conclusion, corruption is a major issue in India, with the legal framework and anti-corruption institutions facing several challenges. Stronger enforcement mechanisms, increased transparency, and increased public awareness and participation are required to combat this problem. Despite some successes in prosecuting corrupt officials and establishing anti-corruption institutions, India still has a long way to go in combating corruption effectively. By tackling these difficulties and implementing more effective legal measures, India may progress towards a more transparent and accountable society.
Corruption has a significant impact on the Indian economy, both directly and indirectly. It can lead to unnecessary government spending, resource misallocation, and less competition, all of which stifle economic development. Corruption hinders foreign investment because it raises the risk of doing business in the country. Furthermore, corruption can exacerbate social and economic inequality by allowing well-connected or wealthy individuals to obtain advantages and opportunities not available to others.
The Prevention of Corruption Act of 1988, the Central Vigilance Commission and the Lokpal and Lokayuktas Act of 2013 primarily comprise India's anti-corruption legal framework. The goal of these laws and institutions is to discourage and punish corrupt behavior.
To address corruption effectively in India, stronger enforcement measures, better transparency, and increased public awareness and engagement are required. This could include strengthening anti-corruption institutions, increasing transparency in government and business, and empowering the public to report corruption and participate in anti-corruption initiatives.
[1]https://www.indiacode.nic.in/bitstream/123456789/9317/1/corruptiona1988-49.pdf.
[3]https://dopt.gov.in/sites/default/files/407_06_2013-AVD-IV-09012014_0.pdf.
