ARTICLE ON CORRUPTION IN INDIA

Abstract

  “Integrity, transparency and the fight against corruption have to be part of the culture. They have to be taught as fundamental values.” — Angel Gurría, OECD secretary general. Corruption is a double jeopardy for the poor, who are hardest hit by economic decline, are most reliant on the provision of public services and are least capable of paying the extra costs associated with bribery, fraud and the misappropriation of economic privileges. This article provides an analysis of main cause and effect of corruption in India. By looking into Constitutional validity of corruption, also is there any law to prevent it and measures to be taken to control corruption.

Introduction

Corruption  can  be  defined  as  Wrongdoing  on  the  part  of  an  or  through  that  are  illegitimate, immoral  or  incompatible  with. Corruption often from backup and is with. It  can  result  in  the diversion of public resources  to  private  consumption  and thus in the overall loss  of  the  impacts that were  intended  to  be of  wider  benefit.  Thus, it results in social inequality and widened gap between the rich and poor. It is an unauthorized way to get personal benefit in the form of commission or misusing public fund or budget. Due to which Government loses credibility. People are forced to pay undue money even for fair work. This causes conflict and violence in society. The overall socio economic development will also get affected and it also hampers the administration of the country. The main reason of corruption is Lack of transparency which allows room for manoeuvre for both the demanders and suppliers of corruption.  Whenever objective  standards  and  transparent  processes  are  missing,  and  subjective  opinion  driven regulators and opaque  processes are present, the conditions encourage corruption. According to Vito  Tanzi an International  Monetary  Fund study  suggests  that  in  India,  like  other countries  in  the  world,  corruption  is  caused  by  excessive  regulations  and authorization. requirements,  complicated  taxes  and  licensing  systems,  mandated  spending  programmes, lack  of  competitive  free  markets,  monopoly  of  certain  goods  and  service  providers  by government controlled institutions, bureaucracy,  lack of penalties for corruption of public officials,  and  lack  of  transparent  laws  and  proc

Constitutional Validity and initiative taken by government to control it

Corruption is illegal in India as under Section 409, Indian Penal Code, 1860 the guilty person may be sentenced to imprisonment for life or to ten years’ imprisonment. The maximum sentence which can be awarded under Section 5(2) of the Prevention of Corruption Act is seven years. In case of CBI v. Ramesh Gelli & Ors. 2016 the Supreme Court of India held that pursuant to certain provisions of Indian banking law, employees of banks (whether public or private) are also considered public servants under the Prevention of Corruption Act, 1988. The government has made various anti corruption laws in India such as:

Indian Penal Code, 1860

The IPC defines “public servant” as a government employee, officers in the military, navy or air force; police, judges, officers of Court of Justice, and any local authority established by a central or state Act.

  • Section 169 pertains to a public servant unlawfully buying or bidding for property. The public servant shall be punished with imprisonment of up to two years or with fine or both. If the property is purchased, it shall be confiscated.
  • Section 409 pertains to criminal breach of trust by a public servant. The public servant shall be punished with life imprisonment or with imprisonment of up to 10 years and a fine.

The Prevention of Corruption Act, 1988

  • If a public servant takes gratification other than his legal remuneration in respect of an official act or to influence public servants is liable to minimum punishment of six months and maximum punishment of five years and fine. The Act also penalizes a public servant for taking gratification to influence the public by illegal means and for exercising his personal influence with a public servant.  If a public servant accepts a valuable thing without paying for it or paying inadequately from a person with whom he is involved in a business transaction in his official capacity, he shall be penalized with minimum punishment of six months and maximum punishment of five years and fine.  It is necessary to obtain prior sanction from the central or state government in order to prosecute a public servant.

The Benami Transactions (Prohibition) Act, 1988

  • The Act prohibits any Benami transaction (purchase of property in false name of another person who does not pay for the property) except when a person purchases property in his wife’s or unmarried daughter’s name. Any person if entered into such transaction shall be punishable with imprisonment of up to three years and/or a fine. All properties that are held to be Benami can be acquired by a prescribed authority and no money shall be paid for such acquisition.

The Prevention of Money Laundering Act, 2002

  • under this Act “Proceeds of crime” means any property obtained by a person as a result of criminal activity related to certain offences listed in the schedule to the Act. The penalty for committing the offence of money laundering is rigorous imprisonment for three to seven years and a fine of up to rs.5 Lakhs. Narcotics Drugs and Psychotropic Substances Act, 1985 the term of imprisonment can extend up to 10 years.

Conclusion and suggestion

At the end I want to conclude that corruption is a major problem in India to end the corruption is quite challenging. However some measures can be taken to control it such as:

  • General awareness should be given against corruption
  • Strict laws, rules and proper implementation of such should be there.
  • Social media, newspaper and every person should discourage the corruption by bringing into public.

References

https://www.researchgate.net/publication/294860412_Anti-Corruption_Movements_Measures_in_India.

https://kullabs.com/class-8/social-studies-and-population-education/social-problems-and-its-remedies/corruption-a-major-social-problem-.

https://www.prsindia.org/sites/default/files/parliament_or_policy_pdfs/1302844978_PRS%20Note%20on%20corruption%20laws.pdf

 

 

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