01-03-2013, 09:56 AM
Corruption In India: A Billion Dollar Industry
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INTRODUCTION
It is a no brainer that Corruption in India is at its rampant best. There is not one section of the society that is spared from it. Corruption in the form of bribery takes the cake and given that it begins at the grass root level makes it even more difficult to monitor and control.
Corruption in India is a consequence of the nexus between Bureaucracy, politics and criminals. India is now no longer considered a soft state. It has now become a consideration state where everything can be had for a consideration. Today, the number of ministers with an honest image can be counted on fingers. At one time, bribe was paid for getting wrong things done but now bribe is paid for getting right things done at right time.1
The striking though well known findings of the report points out that close to half the bribes are requested by the Government Officials both at the state and national level. The same government personnel who are entrusted with the development of the nation are filling their own pockets. No wonder then the nation’s politicians are the most corrupt lot.2
However, it it was only for the petty money minded officials filling their own pockets, the enormity of the bribery might be restricted to a certain level. What if corruption takes the shape of a billion dollar behemoth? According to Management Guru C.K.Prahalad the cost of corruption to the country might as well exceed Rs. 250,000 crores.3
The total spending for the 2009 Lok Sabha elections is pegged at a whopping Rs. 10,000 crore. The breakup of this spending throws up some interesting insights too.
Effects Of Corruption Indian administration is tainted with scandals. India is among 55 of the 106 countries where corruption is rampant, according to the Corruption Perception Index 2004 Report released by Transparency International India. Corruption in India leads to promotion not prison. It is very difficult to catch. Corruption in India has wings not wheels. As nation grows, the corrupt also grow to invent new methods of cheating the government and public.5
1.2 Causes Of Corruption The causes of corruption are many and complex. Following are some of the causes of corruption.6 1. Emergence of political elite who believe in interest-oriented rather than nation-oriented programmes and policies.
2. Artificial scarcity created by the people with malevolent intentions wrecks the fabric of the economy.
3. Corruption is caused as well as increased because of the change in the value system and ethical qualities of men who administer. The old ideals of morality, service and honesty are regarded as an achronistic.
4. Tolerance of people towards corruption, complete lack of intense public outcry against corruption and the absence of strong public forum to oppose corruption allows corruption to reign over people.
5. Vast size of population coupled with widespread illiteracy and the poor economic infrastructure lead to endemic corruption in public life.
6. In a highly inflationary economy, low salaries of government officials compel them to resort to the road of corruption. Graduates from IIMs with no experience draw a far handsome salary than what government secretaries draw.
WHO JUDGES THE JUSTICES?
In the Arthashastra, Kautilya makes a profound observation: “Just as fish moving deep under water cannot be possibly found out either as drinking or not drinking water, government servants may not be found out while taking money for themselves.” He then goes on to forebodingly remark, about the opacity in governance machinery, that “it is possible to ascertain the movement of birds flying high in the sky, but it is not possible to ascertain the movement of government servants or their hidden purposes.” But even Kautilya with his remarkable perspicacity might have been amazed by the current evens in the country.7
Basically, any act of corruption in public office involves the misuse of public office for private gain. In other words, it involves a public official benefiting at the expense of either the taxpayer or an average person who has come into contact with the government machinery. It also involves violating of the human rights of those whose legitimate benefits are intercepted and misappropriated by the dishonest public official.
HISTORY OF CORRUPTION IN INDIAN JUDICIARY
Corruption has been a deep rooted and a chronic problem of Indian Judiciary since it Independence. There have been many incidents of corruption in Indian Judiciary since then.20
1949: Mr. Justice Sinha, the only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him "guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of justice…"21
1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India permitted Central Bureau of India to file case of Disproportionate of Income / wealth against Chief Justice Madras High Court Mr. K. Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years elapsed. Sheltered by Courts' easy-go-tactic.22
1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K. Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty of several charges. Supreme Court of India also upheld guilty of 3-4 charges; & recommended to Parliament for further action. Parliamentarians failed in their Duty to Impeach the Sitting Judge of Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of Eminent Constitution makers ; but chose to have unholy alliance with Corruption in Judiciary vis-a-vis Legislature & Government.
COURTING CORRUPTION
One of the most frequently used words in India, corruption signifies a range of things. In 2005, Transparency International and Delhi based Centre for Media Studies, a research firm, undertook the India Corruption Study. The survey covered 14,405 respondents over 20 states and included interviews with service providers and users (of these services). The results, published the same year said Indians pay out around Rs. 21,068 crore as bribes while availing one of 11 public services. While some of the results of the survey were published, many of the details were not. The study, however, remains the most recent and the most comprehensive report on corruption in India. Apart from calculating the extent of corruption, in Rs. crore, it explains the mechanics of it.30
The sheer number of cases pending in the Indian judicial system (26 million at last count) says it all. Given that, and the number of judges across various states (per lakh of population), the system is rife with delays and inefficiencies -- ideal conditions for middlemen to step in. In the year preceding the survey, 59% of respondents paid bribes to lawyers, 5% to judges, and 30% to court officials.
Misuse of power
There are instances of Metropolitan Magistrates issuing bailable arrest warrants against individuals of whose identities he has no idea, in return for an inducement.
Some time back, a Metropolitan Magistrate in Ahmedabad issued bailable arrest warrants against the President of India in return for an inducement of Rs. 40,000.
In some cases, judges offer a favour in exchange for personal gain or favors. In Rajasthan, some time back, there were reports of a judge who offered judicial favor in exchange for sexual favors from a litigant. Some of these instances have been reported by the media, but no action has resulted.