14-06-2013, 04:13 PM
Institutional set-up for fighting corruption in India:Recent changes and their effectiveness
Institutional.ppt (Size: 64.5 KB / Downloads: 65)
Relevant constitutional provisions
Police: ‘State’ subject. Any criminal offence committed in a state can only be investigated by the agencies of state govt.
Criminal law: ‘Concurrent’ subject. Both the central & state governments have jurisdiction
Implies the central govt. agencies have to take concurrence of the state government for investigating a corruption offence
Anti- corruption institutions of the central government
Prevention of Corruption Act, 1987
Central Bureau of Investigation (CBI)
Central Vigilance Commission (CVC)
Chief Vigilance Officers (CVO s) in various ministries and organizations
Civil service conduct rules
Prevention of Corruption Act, 1987
Existed earlier, revised in 1987
A very broad definition of public servants, to whom it applies
In case of conviction, imprisonment from 6 months to 7 years
Any one with assets disproportionate to his income commits ‘criminal misconduct’
Members of legislatures are covered, according to the Supreme Court
Central Bureau of Investigation
A police organization
Can take up investigation of an offence only if the concerned state government permits it to.
In practice, blanket permission by the states to investigate corruption offences by central government employees
Major problems prior to 1998
CBI not really independent. The govt. could bring in new officers, or shift out inconvenient ones, at will
Nothing at the disposal of CVC to enable it to exercise authority. It could not ask the CBI to investigate an alleged offence
‘Single Directive’: No investigation could be started against officers above a certain level