I. Causes, Consequences and Dimensions of Corruption in India.

Those back (a). Political Patronage

A.

Causes of Corruption

The biggest cause of corruption in todays India is undoubtedly the political leadership at the helm of affairs in the country. From this fountainhead of corruption flow various streams of corrupt practices which plague the political, economic and social activities in the country. The post-independence political leadership has risen from the grassroots level in the form of regional, caste, linguistic and other protest movements. They have transformed the nature of politics and administration. Amoral politics, self-aggrandisement, disregard of the constitutional norms in the pursuit of power, political survival at any cost are their rules of the game. They interfere with the administration of justice and have bent bureaucracy to do their bidding.

The A.D. Gorwala Report was one of the earliest official documents that laid bare the problem of corruption in India. For Gorwala, character building was the basis of state building and the decline in character in India had two immediate causes in the post-1947 period. The first was the impact of the War. World War II was an expression of violence and also of greed. Though many people shared in the war effort, for most it was not their war. The war was boom time, and people benefited legally and illegally from it. Gorwala added to that the failure of the national movement to leave behind a spiritual residue among the people (Vishwanathan and Sethi 1997). The Gorwala Report was particularly harsh on the role of the political leadership in setting examples before the public. Enquiries into allegations have

been made by senior all-India leaders of the principle party. Often they have remained secret. Nor action was taken. It seems fairly clear that if the public is to have confidence that moral standards do prevail in high places, arrangements must be made that no one, however highly placed, is immune from enquiry if allegations against him are made by responsible parties and if a prima facie case exists. There should be no hushing-up or appearance of hushing-up for personal or political reasons. (India, 1951).

For the Railway Corruption Enquiry Committee, chaired by J.B. Kriplani, corruption was a failure of citizen ship. Whether it was the bribe, ticket less travel or theft, all these were acts which undermined the state. The report ruthlessly listed the categories of people who refused to pay and their attitude towards it. Politicians and senior bureaucrats were among those who claimed exemption from paying for travel on account of their status. The report therefore went on to insist that apart from administrative reforms, and punitive measures, there is a great need for higher officials to play the leaders in a reform movement. (India, 1955).

The strange part of the story of the early years of corruption in India is that the protection that Jawaharlal Nehru extended to his corrupt colleagues did not benefit him any way. Wealth could not tempt him in any form, and he had a typical aristocrats disdain for money. However, by condoning high-visibility cases of corruption and shielding the guilty, Nehru legitimized graft in high places, and

this undermined the rule of law and the moral basis of the polity (Noorani 1973). After Independence their was a pressing need to strengthen the needs of the state, establish high norms of political morality, and make no exceptions in the punishing the culprit. There are a few failings for which India has paid so heavy a price as his tolerance of corruption among his colleagues and party m en. (Gill, 1998).

The role of political leadership in aiding and abetting spread of corruption in India was most clearly brought out by the Shah Commission of Enquiry constituted to look into the excesses committed during the period of Emergency (!975-77). Justice Shah reserved his most damning observations for the role that Sanjay Gandhi, son of Indira Gandhi, played subverting rule of law in the country. Shah noted: The manner in which Shri Sanjay Gandhi functioned in the public affairs of Delhi in particular is the single greatest act of excess committed during the period of Emergency for which there is no parallel nor any justification for such assumption of authority or power in the history of independent India. While the other acts and excesses may have been in the nature of acts committed by functionaries have some shadow of authority acting in excess of their powers. Here was a case of an individual wielding unlimited powers in a dictatorial powers without even the slightest right to it. If this country is to be rendered safe for future generations the people owe it to themselves to ensure that an irresponsible and unconstitutional centre of power like the one which revolved

around Shri Sanjay Gandhi during the Emergency is not allowed to ever come up again in any form or shape or under any guise. (India, 1978). The nexus between corrupt politicians and corrupt bureaucrats has been clearly proved in recent years by scams like the Animal Husbandry (fodder) scam in Bihar (in which the former Chief Minister, some of his ministers, legislators of the ruling and opposition parties and several senior bureaucrats were charge sheeted by the C.B.I.), Coal scam in Tamil Nadu (involving the then C.M. Ms. Jayalalitha), Urea scam (involving the son and a relative of the former Prime Minister Narasimha Rao), Telecom scam (involving the Union Telecom minister Sukh ram) etc. Since the corruption flows down from the top it is not easy to stop it or limit it, and it has a devastating effect on the administration and the society in general.

(b). Administrative Labyrinth Cumbersome and dilatory administrative procedures and practices are another major cause of corruption in India. Indias legal and administrative system was designed in the middle of the nineteenth century to serve the interests of colonial administration. The Indian Penal Code, the main instrument for controlling crime and administering criminal justice, was enacted in 1860. The organization and functions of the police are governed by the Indian Police Act of 1861. The Indian Evidence Act came into force in 1872. The Indian Telegraph Act, which regulates the control of air-waves and licensing of broadcasting facilities, was passed in 1855-even before the invention of the wireless.

Fundamental Rules and Supplementary Rules, the financial Bibles for all government financial transactions, were framed in the twenties when the governments financial transactions and commitments were very simple.

The British had designed this legal system to strengthen a regulatory colonial administration. These laws were based on distrust of the natives and a firm belief in their inability to govern themselves. It has in built provisions for delays, prolonged litigation and evasion. Its provisions are ideally suited to the promotion of corruption at all levels, as graft provides the quickest immunity from delays and punitive action. Thus archaic legal system is not only least suited to the promotion of a democratic, egalitarian, welfare state, it fosters an outlook which is subversive to social equity. The focal point of colonial justice was the individual and the protection of individual property rights whereas the emphasis of a welfare state is on the rights of the society and social justice.

(c). Lack of Punishment A contributory factor to the growth of corruption in India is that the cases relating to corruption are often handled in a casual and clumsy manner. Those in hierarchy vested with disciplinary powers shirk duty and show unwillingness to use their powers against corrupt practices. This may be due to different reasons like political or trade union pressure, vested interests, or sheer ineptitude in handling criminal investigation. The result is that the corrupt are rarely caught and even if caught are let off with minor or no penalties. The government officials

entrusted with the responsibility of dealing with corruption do it in a most inefficient and lethargic manner and this suits the political leadership which patronises corruption.

The judicial system is so expensive, dilatory, and inefficient that it takes years and years for corruption cases to be decided. The infamous Harshad Mehta case of organised corruption in the stock exchanges of India, in which small investors lost thousands of crores of rupees, has been in the courts for almost a decade now and as yet there is no indication of its nearing any decision. The result of such inordinate delay is that the accused often escape punishment because a long time span has an adverse effect on the evidence in a case. The conviction rate in the Indian courts is only 6%. There are three crore cases pending in the Indian courts and average time taken for disposal of cases is from 10-20 years (Vittal 1999). Justice delayed is justice denied in most cases of corruption.

(d). Social Environment Public administration is a sub-system of the political system which itself is a part of the larger whole called the social system. Therefore the societal culture or societal environment has powerful impact on public administration. Put differently, administration cannot be plucked out from the tissue of culture in which it is embedded as a member of the wide societal system. A bureaucrat

C. Linking of Corruption with Human Rights

lectricity Boardmaintenance;very recently suspendedquality of public amassing operations and (DVB) was and (iv) ensuing lower and charged with assets worth over 14 crore rupees, which is corruption increases public infrastructure. The evidence also shows thatalmost a hundred times more than reflects the spirit and ethos of that society, and his actions are bound be the his known sources of income. Such massive corruption is certainly one of the investment, by making it more expensive, while reducing its productivity. manifestation of his cultural moorings. main reasons depend on black money. ThePaolo frequent a substantial part of today for the Peruvian economist and Mauro (1995 and 1998) A recent study byperennial power shortagesfilm industry, breakdowns in the the capital. a corrupt country is likely to face aggregate investment levels of found that construction industry and a large number of small industries are run on the basis Corruption also reduces the governments resources and uncorrupt country. The in the social approximately 5 percentage points less, than a relatively hencefound an acceptance In present day India, corruption has its of black money " (Vittal 1999). capacity for investment, since tax revenues corruption levels in evasion (Jain evidence from India is particularly stark. If are depleted by tax India were reduced (b). Social Welfare psyche and behaviour. Social evils like bribery, nepotism and favouritism have 1998, ShahidScandinavian countries, investments rates could increase annually to that in the 1991). This has two adverse effects: first, shifts away from The damaging effects of to be accepted investment andPeople often approach someone known to come corruption on in the society. economic growth investments percent and the GDP growthas bribe-takers are less likely to invest by some 12 in development areas occur rate by almost 1.5 percent each year are widely recognised. But corruption also has adverse effects on human them for positive are not legally due to them. Jumping the traffic in activities withCorruption favours which they know taxeducation and health. (Gandhi 1997). significant also acts social additional as an benefits like on investment by development. First, corruption reduces the availability and increases the cost of lights or levels or fall, since benefits not consumption on Second, the potential return to an maygetting both the initial due to one and become part of social loweringoverall investment a queueinvestor on the conspicuousinvestment hasor basic social services. Access to core social services can be easily restricted with flight of illegal earnings is probably higher thanlevels earnings. The high potential is often accorded subsequent returns. In India, current corruption legalwealth through implicit mean that the unfair ethos. A person who instance, a government doctor maymeans the intention to make corrupt gains. Forhas acquired for capital tax on investment is almost 20 percentage more likely illegal earnings makes corruption points (Gandhi 1997). corruption flight ofthe same, if not higher, status in Indian society to be associated persons of as that given to deliberately store away free medicines until he is bribed, a police inspector may with impact of corruption on the quality of public infrastructure is all too The a negative impact on the balance of payments (HDC 1999). deny a First Information Report to a victim until he is paid a kickback, and a excellence. Indias Chief in the towns and cities of India. The Public Works Department and clearly visibleVigilance Commissioner recently observed that, Indias principal may refuse to admit a child in a school until he is paid under-theeconomy Electricity standingwhich are largely responsible and the maintenance of the State today is a Boards monument to the corruption for inefficiency of four counter. Since obtaining access to basic public services normally requires an specific departments, namely, Customs, Central Excise, Income Tax and most roads and management of power distribution respectively, are among the illegal cash payment, corruption also raises the price of these services. Enforcement Directorate. It is thein India. In the capitalthe failure of these the corrupt government departments evasion of taxes and city of Delhi itself Second, in addition to a decrease in total government expenditure (due to In the final and distribution losses in the has crystallised estimated departments to check illegal activities much a moral as a developmentto be over transmission analysis, corruption is as that power sector areinto the large tax evasion), corruption also shifts government expenditure from priority social issue.outcanof blackentire 30%theattributed to theft whichinvestment projects and percentage which almost decision- making processes on is done with the has 50% It of distort money in is economy. The quantum of black money sector spending to areas, where the opportunities for rent-seeking are greater other estimatedthe transactions, and employees. A former Chairman of of Delhi been commercial electricity board theto Rs.100,000 crores. Whole industries connivance of from Rs.40,000 crores very social and political fabric the and the possibilities for detection are lower. Allocating government funds to a few societies. The Supreme Court of India in a recent judgement gave its comments large defense contracts or mega-projects may seem more attractive to corrupt on the far reaching effects of corruption, and these comments deserve to be bureaucrats and politicians than spending the same money to build numerous mentioned in some detail. The apex court observed that, " Corruption in a rural health clinics (Bardhan 1997). Similarly, there may be a temptation to In the final analysis, corruption is as much a moral in time is sure to civilised society is like cancer, which if not detected as a development malignise awe and respect to the corrupt. Such issue. It can distort entireleading to disastrous consequences. It is termed as a and the polity of the country decision- making processes on investment projects

B. Impact/Consequences of Corruption

B. Impact/Consequences of Corruption

other commercial transactions, and the very social and political fabricaof in a plague which is not only contagious but if not controlled spreads like fire societies. The Supreme Court of India in a recent judgement gave its comments jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has on the far termed aseffectsthievery. The socio-political system deserve to be also been reaching royal of corruption, and these comments exposed to such a mentioned in some detail. The apex court observed that, " its own weight. dreaded communicable disease is likely to crumble under Corruption in a civilised society is liketo democracy and social order, being not only anti-people, Corruption is opposed cancer, which if not detected in time is sure to malignise the polity of the country leading to disastrous consequences. It is termed thea but also aimed and targeted at them. It affects the economy and destroys as plague which is not only nipped in the bud notthe earliest, spreads like acause a cultural heritage. Unless contagious but if at controlled it is likely to fire in jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has turbulence shaking of the socio-economic political system in an otherwise also been termed as royal thievery. The socio-political systemSC 870). to such a healthy, wealthy, effective and vibrating society" (AIR 2000, exposed dreaded communicable disease is likely to crumble under its own weight. (a). Economic Development Corruption is opposed to democracy and social been furnished showing Some fairly robust statistical evidence has now order, being not only anti-people, but also aimed and targeted at them. It affects the economy and destroys the that higher corruption is associated with (i) higher (and more costly) public cultural heritage. Unless nipped in revenues; (iii) earliest, it is likely to cause investment; (ii) lower government the bud at the lower expenditures on

This chapter provides analytical tool that should assist in determining when and how violation of human rights and acts of corruption can be connected. It begins with a description of scope and content of different human rights that have been develop by international human rights bodies1. It goes on to provide specific example of how the content of specific rights can be violated by acts of corruption, as the latter have been defined by the UNCAC. This is one of the several stages necessary to determine the links between acts of corruption and violation of human rights that we defined in the previous chapter. The chapter takes a human rights perspective and speaks in human rights language. The aim is to assist human rights organizations to address impact of corruption of human rights, and to introduce international human rights standards to anti-corruption advocates. For practical reasons this report refers to human rights that have been recognized in widely ratified international human rights treaties, such as the international covenant on civil and political rights (ICCPR),the international covenant on economic, social and cultural rights (ICESCR), ands the convention on the Rights of the child (CRC), each of which imposes binding obligation on state parties.

(a). When corruption may violate the principles of equality and nondiscrimination

The principles of equality and non-discrimination are fundamental principles of human rights. The principle that every individual is equal before the law and has the right to be protected by law on an equal basis is affirmed in all the main human right treaties. These principles do not imply, however, that every difference in treatment implies discrimination. It is not discriminatory to differentiate, for example, if the criteria used are reasonable and objective, and the purpose is legitimate. Affirmative action, and other forms of preferential initiative, for instance, do not necessary violate the principle of nondiscrimination and in some Instances may be required in order to remove discrimination.

The UN Human Rights Committee has defined discrimination as any distinction, exclusion, restriction or preference which is based on any ground such as race, color, sex, language, religion, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing of all rights and freedom.2 At the same time, discrimination can take place even if no specific right(apart from the right to equality ) is affected. Article 26 of ICCPR prohibits discrimination in law and in fact in any field regulated and protected by public authorities.

1 2

Liking of Corruption with Human Rights, www.international council of Human Rights,p.1 HRC, General Comment No.18,p.7

(b). When acts of corruption may violate the right to a fair trial and to an affective remedy
The rights to a fair trial is established in several human rights treaties as well as domestic legislation (e.g ICCPR, Article 14: ECHR, Articles 6 and 7; ACHER, Articles 8 and 9; and ACHPR, Article 7). It is composed of a board range standards that provides for the fair, effective and efficient administration of justice. These standards address the administration of justice including the rights of the parties involved, the efficiency of procedure and effectiveness. We address each below. Again, it should be noted that, when referring to the scope and content of right to due process, we are applying standards to human rights supervisory bodies have developed on the basis of treaties that are binding on state that have ratified them. i. Standards relating to administration of justice
These standards require compliance with several principles, including the independence, competence and impartiality of tribunals. Corruption may jeopardize judicial independence in several ways. Corruption in appointment process, for example, will interfere with principle in several respects. Political interference in the judicial system occurs when those in political power use their influence (including treat intimidation or bribery) to force or induce a judge (or other court official) to act and rule according to their interests and not in accordance with the application of the law.

ii. Standards related to the rights of the parties involved

Other standards protects the rights of parties to a trial. Individuals rights and principles related to a fair trial: the right to a public hearing and pronouncement of judgement; equality of arms ; presumption of innocence ; freedom from compulsory self-incrimination; the right to know the accusation; adequate time and facilities to prepare a defence; the rights to legal assistance; the right to examine witnesses; the right to an interpreter; the right to appeal in criminal matters; the right of juvenile offenders; no punishment without law; ne bis in idem (not to be punished twice for the same); and the right to compensation for miscarriage of justice.

iii. Standard related to efficiency of procedure

Standards that refer to efficiency require that hearings take place within reasonable time. According to human rights bodies, the determination of the meaning of undue delay or expeditious procedure depends on the circumstances and complexity of the case as well as the conduct of the parties involved . The right to be tried without undue delay will be infringed if , for example a judges is bribed to delay the proceeding as much as possible. Although in this case the right to a fair trial would be infringed by the bribe itself, in cases where there is insufficient evidence to prove a judge has been bribed, violation of the requirement that hearings should take place in a reasonable time may enable to corrupt process to be challenged.

iv. Fair trial when investigating corruption

The right to a fair trial should naturally also be respected in corruption cases. The international council second report will discuss in more details how corruption may be to the potential tensions between effective investigation of corruption and adherence to human rights principles, and signal the important elements that need to be bourne in mind if anti-corruption investigations, prosecutions and punishment are to comply with human rights. In really, reconciling anti-corruption, practices with human rights does not present insuperable difficulties; on the contrary, if care is taken, there is no reason why good anti-corruption practices should not be consistent with human rights.

v.

Vulnerable groups and the right to a fair trial

Several factor prevent vulnerable and disadvantaged people from gaining access courts and tribunals: they include economic costs, lack of information, complex and bureaucratic procedures, barriers of languages and geographical distance. From a

human rights standards perspective, it is important to consider the effect of judicial corruption on vulnerable and disadvantaged groups, because judicial system that require citizens to pay bribes effectively exclude those4 who are very poor from access to justice, denying them opportunities to settle disputes impartially with neighbours or the authorities. Because they are generally poorer that men, women tend to bear the brunt of such injustice. According to human rights standards, states should adopt appropriate and effective legislative and administrative procedures and other appropriate measures that provide fair, effective and prompt access to justice.

vi. The right to an effective remedy

The right to an effective remedy is guaranteed by most international human rights instruments (e.g ICCPR, Article 2(3); CEDAW, Article 2 and 3; CERD Article 6; ICESCR, Article 2 and 3; CRC, Article 12, 13 and 37(d)). It asserts that, when a human rights violation occurs, a state has duty to provide victims with an effective remedy. Failure to do so can create a climate of impunity particularly when states intentionally or regularly deny remedies. States are under an obligation to provide accessible, effective and enforceable remedies to uphold civil and political rights. A person claiming a remedies is entitled to have his or her claim determined and enforced by a competent domestic authority, and states must ensure that this can occur. Ending an ongoing violation is also an essential element of the right to an effective remedy.3

(c). When corruption may violate the rights of political participation

From a human rights perspective, the right to participation affirms that all citizens should be entitled to engage in decision-making processes that affect them. The major political expressions of the rights to participation are the freedom to vote and stand for election, the right to equal access to public services, and the freedoms of association and assembly. These rights are enshrined in several human rights treaties (such as ICCPR, Article 25; CEDAW, Article 7;ECHR, Article 3 of the first protocol; ACHR, Article 23; and ACHPR, Article 13).

(d). When corruption may violate economic, social and cultural rights
It is especially important to give attention to the impact of corruption on economic, social and cultural rights. Corruption is likely to violate enjoyment of these rights because, as we will see, states have accepted, under human rights law, a wide range of duties to provide or regulate public service in relation to health, housing, water and education. These services generate large public contracts which not only create opportunities for corruption, but have a disproportionate impact on vulnerable and disadvantaged groups, in particular women.

i. Progressive realization
This issue merits specific analysis because it applies explicitly to all economic, social and cultural rights. When states ratify the ICESCR, they accept a general legal obligation to take steps to the maximum of their available resources to progressively achieve the full realization of economic, social and cultural rights (ICESCR, Article 2).

ii. The prohibition on taking deliberately retrogressive measures

The UN committee on Economic, Social and Cultural Rights (CESCR) has noted that any deliberately retrogressive measures [] would require the most careful consideration and would need to be fully justified by reference to the totality of
3

HRC, General Comment No. 31, p.15

the rights provided for in the covenant and in the context of the full use of the maximum available resources.

iii. The duties to accord a degree of priority to human rights in the allocation of resources
Because resources are always limited, states need to priorities. While they are entitled to decide where and how they allocate their resources, while they ratify human rights treaties, in particular the ICESCR, states assume obligation that limit their discretion.

iv. The principles of availability and accessibility

The practice of human rights has led to the development of standards for measuring fulfillment of social rights. Four standards availability, accessibility, acceptability and adaptability are generally used to assess the delivery of public, services such as health, education, housing, food and drinking water.

v. The three levels of states obligations

As mentioned, states have an obligation to respect, protect and fulfill human rights. Regarding economic, social and cultural rights (ESC Rights), the obligation to respect requires states to refrain from interfering directly or indirectly with these rights. The obligation to protect requires states to prevent third parties from interfering in anyway with enjoyment of ESC rights. The obligation to fulfill requires states to take positive measures to assist individuals and communities to enjoy their rights.

(e). When corruption may violate the right to food

The right to food, also referred to as the rights of everyone to be free from hunger, is a component of the more general right to an adequate standard of living (ICESCR, Article 11(2)). The right to adequate food asserts that all people should be in a position to feed themselves.

i. Core content of the right to food

According to the CESCRs General Comment 12, the core content of the right to food implies that food should be made available in a quantity and quality that Individuals should be able to feed themselves from distribution, processing and market system should be able to move food from the site of production to where it is needed in accordance with demand.

(f). When corruption may violate the right to adequate housing

The right to adequate housing derives from the right to an adequate standard of living. It focuses on the obligation to ensure that everyone has housing that is safe, healthy and adequate (ICESCR, Article 11(1). In addition, the right forbids discrimination in the field of housing, as well as forced or arbitrary evictions or acts of unjust dispossession.4 The right to adequate housing does not entail that the government has o build housing for the entire population or that housing access.

i. Core content of the right to housing

The core elements of the right to housing have been defined by CESCR General Comment No. 7. All persons should possess a degree of legal security of tenure,
4

E/CN, 4/2001/53, P.69

guaranteeing protection from forced eviction, harassment and threats. Housing must also be affordable: the price of housing should not be so high that households cannot meet other basic needs.

(g). When corruption may violate the right to health

The right to health is included in several human rights treaties. Most notably, Article 12 of the ICESCR established the right to the highest attainable standards of physical and mental health, defined as the right to the enjoyment of variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standards of health.5 While this right is broad, does not imply that people have a right to be healthy.

i. Core content of the right to health

The core elements of the right to health are set out in CESCR, General Comment No. 14. Health facilities, goods and services as well as programmes must be made available in sufficient quantity. States therefore needs to ensure that the availability of health goods and facilities is not negatively affected by acts of corruption which, in the health sector, can have mortal consequences.

(h). When corruption may violate the right to education

The right to education is guaranteed in several international instruments, notably Articles 13 and 14 of the ICESCR and Articles 28 of the CRC. In general terms, this right has two main dimensions. The social dimension affirms the right to receive an education that reflects the aims and objective identified in Article 13(1) of the ICESCR. States are required to make various levels of education available (primary, secondary and higher) and these should be easily accessible to all.

Core content of the right to education

The core elements of the right to education are availability, accessibility, acceptability and adaptability (CESCR, General Comment No. 13). Availability requires states to ensure free and compulsory primary education to all, while secondary and higher education must be made available and accessible to all through the progressive introduction of free education. In addition, the provision of educational institutions and programmes must be adequate, and educational institutions and programmes must be equipped with what they need to function (building, trained and paid teacher, teaching materials, sanitations, drinking water, etc.).

(i). When corruption may violate the right to water

The right to water and the right to an adequate standard of living are linked. Access to clean water is essential for fulfillment of the right to an adequate standard of living (ICESCR, Article 11) and the right to health (ICESCR, Article 12). Without it, these rights are not attainable.

CESCR, General Comment No. 14.

Core content of the right to water

The core content of the right to water is analysed in CESCR, General Comment No. 15. Availability. each person has the right to a water supply that is sufficient and continuous for personal and domestic use (such as drinking, personal sanitation, washing of clothes , food preparation, personal and household hygiene). Water must be of adequate quality. Water for personal or domestic use must be safe and free from micro-organisms, chemical substances and radiological hazards that constitute a threat to health.

(j). When embezzlement of funds allocated to social programmes may violate human rights
The claim that corruption violates human rights is usually based on reasoning that money lost to corruption could have been used to buy medicine, equip schools or supply water. It is therefore useful to analyse embezzlement in more details, particularly the embezzlement of funds allocated to social programmes. This corrupt practice may affect a wide range of human rights. As described earlier, the right to health (ICESCR, Article 12) is usually understood in terms of the availability, accessibility, acceptability and quality of public health and health-care facilities, goods, services well as goods and services, have to be available in sufficient quantity, must be accessible to everyone without discrimination, and must be scientifically and medically appropriate and of good quality. Most corruption cases affect several of these elements. This is particularly true in the case of embezzlement of public funds by public officials.

Dimensions of corruption
The forms and dimensions of corruption are constantly changing with the exposure of new deals in corrupts practices day by day. Bribe,

ge, nepotism, favouritism, misappropriation, transfer, and appointments of officials at lucrative posts, procuring goods or services at rates higher

se prevailing in market with a view to getting the cost of state exchequer including, installing statutes of their political mentors enmasses, and

ment machinery, not paying dues of IAF aircrafts and illegal occupation of government accommodations etc. are some of the manifested forms of

on.6

olitical corruption in India

There are many challenges to Indian politics such as communalism, regionalism, casteism, terrorism, corruption, linguism etc. putting our

acy at stake. Corruption is the most serious threat riding into the rank and file of our system. The canker of corruption is eating into the vitals of

y and spreads like cancer in the body politics, making its defence mechanism hollow. It is the cause of immense concern not only for the

uals and the media, but also for the high officials of the country. The gravity of the problem can be understood of the speeches of the President President of India indicated the rising nexus among politicians, bureaucrats and criminals, and advised them to use their constitutionals power

me minister delivered on the various occasion to fight the demon of corruption. While addressing a conference of Governors, Mr. K.R. Naryanan

uence against it. At the time of golden jubilee of the Election Commission on January 17 2001, he further expressed deep concern about

ng role of money, muscle and mafia in our elections. Forms and manifestations of corruption are beyond description and new methods are

g spontaneously.

Corruption exists in various forms in different parts of governmental machinery. It has tightened its grip not only on legislature and bureaucracy,

has taken judiciary into its clutches. Even the constitutionals bodies like comptroller and Auditor General, Union Public Service Commission,

election Commission, State Public Service Commission, Attorney General etc. cannot claim to be above board. Corruption is not a new

enon, way back in 200 B.C. Kautilya meticulously described forty (40) different types of corruption in The Arthashastra. He has rightly remarked

t is impossible not to taste honey or poison when it is at the tip of the tongue, so also it is impossible for a minister or a government servant not

p a bit of government revenue. And just as it cannot be found whether a fish swimming through water drinks or not, so also government servants

be found out while taking money for themselves.

Rajbir Singh, Corruption In Indian Politics, Punjab Journal Of Politics vol XXVII No.2,Jan-Dec 2003,p.71

It is almost impossible to describe all types of corruption in this write-up. Still a modest attempt has been made to highlight the concept of

on emphasizing its political aspect, its various dimensions, historical perspectives of corruption in modern Indian politics, its causes and

ons on our polity, and remedial steps taken so far to counter the menace with certain suggestions.7

While a great deal has been said of administrative

corruption , little attention was paid till recently towards the behavior of elected public

official and those aspiring for elected offices. The decline of the congress party along with the disappearance of tall leaders who kept national interest ahead of everything as saw the growth of regional parties and pulp culture where regional and personal interst tended to stand above all else. Public office is often seen as a good source for private gain. Political parties also have successfully helped criminalize candidates from all parties contesting, 430of whome were accused of assorted . Crimes ranging from murder , rape, kidnapping for

politics and politicize crime. For example, in 2002 for the 403 seats in the states of Utter Pradesh Legislative assembly there were 910 ransome, dacoity. A Dhanjay Singh won the election despite the fact he was the Contract Killer with 43 different criminal cases pending against him including being the prime suspect in the murder of the States Medical Health Director, Dr. Bicchiter Singh.of those elected, 190 have had criminal records leading to a caustic comment that they might as well form the Govt. by themselves, as they had a near majority.8 In recent memory, former Prime Minster Rajiv Ghandi and P.V Narasimha Rao, besides other cabinet Minister, were accused of large scale corruption even the former speaker of Lok Sabha , Balram Jhakar, faced major corruption charges. There were at one time as many as 46 different corruption case pending before three special courts against the Chief Minister of State of Tamil Nadu, Jai Lalita Jayaraman . Bihar Chief Minister Lalu Parsad Yadav was forced to resign his office pending major corruption inquires into but is known as the fodder scam which is yet to be resolved in 2008.

Such state of affairs provoked the Election Commission to remark that Lawbreakers have become Lawmakers. It is argued that the electorate cannot make an informed judgment on the candidate running for office unless all the antecedents of each candidate are make public. To this candidates, as was recommended by the Law Commission in its 170 th reports. The Vohra Committee in 1993 also thought the same. On

end the Association for Democratic Reform, comprising of several civic groups, went to court demanding the disclosure of the background of all

Nov. 2,2000, The Delhi HighCourt obliged and directed the election commission the issue directives accordingly. The Supreme Court in its May 2,2002 decision , however, upheld the right of the voter to know the details on the candidates, and ruled that where the legislation EC can indeed step in with direction. Consequently, asserting the importance of transparency in a democracy , the EC gave the necessary direction to the effect that all candidates running for the legislature (be at the States level or to Parliament) should file and affidavit before the EC full their nomination paper, any accusation in pending cases punishable with imprisonment of two or more years , assets (both movable and immovable ) of self and those of spouses and dependant as well any liabilities, particularly any dues payable to public financial institution or Govt. , and the educational qualification of one self.

details of their passed record on five counts any conviction, acquittal , or discharge of any criminal offence in the last six months prior to filling

But the Govt. of India, Joined by

21 other political patties, thought otherwise and came up with a watered down Ordinance ( as the

Parliament was not in session) on the August 24,2002, amending the Repersentation of the People Act of 1951, and sent it for the signature of the President after a lot politicking and posturing by the Govt. and other parties , the Ordinance was signed by the President into law. However and given the variance between the ECs directives and the new law , the Supreme Court was again moved by the National Campaign for Electoral Reform and others. The court gave its decision on March 13,2003, basically reiterating the previous 2002 decision which required full disclosure by the candidates. In the new general election in March April 2004, It is said that 25 to 30 members of parliament and 250 to 300 members of state Assemblies have had criminal histories. The Line between criminality and politics observe advocate of political and ectoral reforms, is being erased in many parts of India with coalition politics , the number speak .

History
The economy of India was under socialist-inspired policies for an entire generation from the 1950s until the late 1980s. The economy was
[13]

characterized by extensive regulation, protectionism, and public ownership, policies vulnerable to pervasive corruption and slow growth.[10][11][12] License Raj was often at the core of corruption.

The Vohra Report, submitted by the former Indian Union Home Secretary, N.N. Vohra, in October 1993, studied the problem of the criminalisation of politics and of the nexus among criminals, politicians and bureaucrats in India. The report contained several observations made by official agencies on the criminal network which was virtually running a parallel government. functionaries. It revealed that political leaders had become the leaders of gangs. Over the years criminals had been elected to local bodies, State Assemblies, and even the Parliament. The unpublished annexures to the Vohra Report are believed to contain highly explosive material.9

It also discussed criminal gangs who enjoyed the patronage of politicians of all political parties and the protection of government

According to Jitendra Singh, "in the bad old days, particularly pre-1991, when the License Raj held sway, and by design, all kinds of free market mechanisms were hobbled or stymied, and corruption emerged almost as an illegitimate price mechanism, a shadowy quasi-market, by the politico-economic regime. While a sea change has occurred in the years following 1991, some of the ditorted cultural norms that took
7 8 9

such that scarce resources could still be allocated within the economy, and decisions could get made. ...These were largely distortions created

Supra n.1,p.69 Veerappa Moily, Political Corruption,2009 p.41 Professor Bibek Debroy, Corruption in India, en.wikipedia.org/wiki/corruption_in_india (accessed on June 2011)

hold during the earlier period are slowly being repaired by the sheer forces of competition. The process will be long and slow, however. It will not change overnight."[14] One of the major problems and obstacles to development that many developing countries face is corruption by greedy, power-hungry politicians, which is endemic in certain parts of the world.

Politics

As of December 2008, 120 of India's 523 parliament members were facing criminal charges. [15] Many of the biggest scandals since 2010 have Commonwealth Games scam and the Adarsh Housing Society scam, Coal Mining Scam, mining scandal in Karnataka and cash for vote scam. .Bureaucracy A 2005 study done by Transparency International (TI) in India found that more than 50% of the people had firsthand experience of paying bribe estimates that truckers pay annually US$5 billion in bribes. A 2009 survey of the leading economies of Asia, revealed Indian bureaucracy to be not just least efficient out of Singapore, Hong Kong, Thailand, South Korea, Japan, Malaysia, Taiwan, Vietnam, China, Philippines and Indonesia; further it was also found that working with India's civil servants was a "slow and painful" process.[16]

involved very high levels of government, including Cabinet Ministers and Chief Ministers, such as in the 2G spectrum scam, the 2010

or peddling influence to get a job done in a public office. Taxes and bribes are common between state borders; Transparency International

Land and property

Officials often steal state property. In cities and villages throughout India, consisting of municipal and other government officials, elected politicians, judicial officers, real estate developers and law enforcement officials, acquire, develop and sell land in illegal ways.

Medicine
In Government Hospitals, corruption is associated with non availability/duplication of medicines, getting admission, consultations with doctors and availing diagnostic services.

Income tax department

There have been several cases of collusion of officials of the income tax department of India for a favorable tax treatment and relaxed prosecutions in return for bribes

Preferential award of public resources

As detailed earlier, land in areas with short supply is relatively common with government entities awarding public land to private concerns at negligible rates. Other examples include the award ofmining leases to private companies without a levy of taxes that is proportionate to the market value of the ore

Driver Licensing
allows drivers to get licenses despite their low driving ability through promoting the usage of agents. Individuals with high willingness to pay bureaucrats and applicants[22]. The average license getter paid Rs 1080, approximately 2.5 times the official fee of Rs 450, in order to obtain a license. On average, those who hired agents had a lower driving ability, with agents helping unqualified drivers obtain licenses and bypass the legally required driving examination. Among the surveyed individuals, approximately 60% of the license holders did not take the licensing exam licensing system, facilitating access to licenses among those who are unqualified to drive. Some of the failures of this licensing system are caused by corrupt bureaucrats who collaborate with agents by creating additional barriers within the system against those who did not hire agent.10

A study conducted between 2004 and 2005 found that Indias driver licensing procedure was a hugely distorted bureaucratic process and

make a significant payment above the official fee and most of these extra payments are made to agents, who act as an intermediary between

and 54% of those license holders failed an independent driving testAgents are the channels of inefficient corruption in this bureaucratic driver

Black money
Black money refers to money removed from the official economy (via corruption, bribery, tax evasion, etc.) and stored outside of the country. A flows, another word for black money, from 1948 through 2008. The report also estimated the size of India's underground economy at approximately US$640 billion at the end of 2008 or roughly 50% of the nation's GDP

November 2010 report from the Washington-basedGlobal Financial Integrity estimates that India lost at least US$462 billion in illicit financial

Judiciary

According to Transparency International, judicial corruption in India is attributable to factors such as "delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws".[31]

Armed forces

The Indian Armed Forces have witnessed corruption involving senior armed forces officers from the Indian Army, Indian Navy and Indian Air Force. A number of scandals in the 2000-2010 period damaged the military's reputation; such scandals included skimming of armed forces money, re-selling of government property, and faking combat

The Right to Information Act (2005) and equivalent acts in the states, that require government officials to furnish information requested by

citizens or face punitive action, computerization of services and various central and state government acts that established vigilance Transparency International puts India at the 70th place and states that significant improvements were made by India in reducing corruption.
10

commissions have considerably reduced corruption or at least have opened up avenues to redress grievances. [2][33] The 2006 report by

Ibid

10 Most Corrupt Indian Politicians

Article on the 10 most corrupt Indian politicians. About politicians who are considered to be the most corrupt in India. List includes Suresh Kalmadi, A. Raja, Mayawati, Lalu Prasad, Mulayam Singh, Karunanidhi, Sharad Pawar, Jayalalitha, BS Yedurappa, Amar Singh and Madhu are who actually led to this situation.

KodaWhile everyone has been animatedly supportingAnna Hazare's fight against corruption, people seem to have forgotten who the people

Suresh Kalmadi

Suresh Kalmadi, almost single handedly caused a loss of hundreds of crores of rupees to the country. The Commonwealth Games, organized by Kalmadi was no less than a loot with numerous reports of the magnum opus event being soaked in corruption making headlines way before the Games had even started. Apparently, out of Rs. 70000 crores spent on the Games, only half of the amount was actually spent. Owing to his involvement in the scam, Kalmadi was charged with corruption and sent to Tihar jail.

A RAJA

A scam worth Rs. 176,000 crore had former Union Cabinet Minister for Communications and Information Technology, Andimuthu Raja at the centre. A. Raja as he is generally called, was the prime accused in the 2G spectrum scam, which was the largest that the country had seen in a long time. Following the shocking exposure, Raja was indicted and forced to resign. Presently, he is too has been lodged at the Tihar jail and is awaiting his trial.

Mayawati

Mayawati has always been criticized for ostentatious display of power in her state. She has allegedly used her status as chief minister to amass Mayawati's birthdays have always been media events, where she usually appears decked in diamond jewellery and also accepts public donations for which, she often comes under fire. Her assets are worth millions of dollars and in the year 2007-08, she had paid an income tax of Rs. 26 crores, which placed her amongst the top 20 taxpayers of the year.

large amounts of personal wealth. She was charged with corruption when the Taj Heritage Corridor Case was uncovered.

Lalu Prasad Yadav

The fact that Lalu Prasad Yadav has been an accused in 63-odd cases serves for the fact that Lalu stands as one of the strongest competitor in approximately. The accusation of nepotism against him has come up time and again but hardly any action has been taken against him owing to his 'connections' in the government.

the list. The biggest scam that rocked Lalu's political career was the fodder scam which involved the embezzlement of Rs. 950 crore

Madhu Koda

Former Jharkand Chief Minister, and only the third independent legislator to assume the office of chief minister in India, Madhu Koda was stashing away the wealth amassed during the undertaking. Furthermore, the Maoists received a 30% share of the booty. Koda was arrested on charges of money laundering and is still in prison following the rejection of numerous bail applications.

responsible for a scam worth over Rs. 4000 crore. The man exploited the state's natural resources by licensing illegal mining leases and

Mulayam Singh Yadav

Mulayam Singh Yadav is also known as one of the most corrupt ministers in the country despite not being directly involved in any major scams. Apart from his name being involved in appointments of tainted officers and mishandling of his power as chief minister, Mulayam Singh had one major allegation levelled against him accumulation of disproportionate assets. The case drew limelight on his sons and daughter-in-law as they too were holders of the assests that amounted to crores of rupees.

Karunanidhi

The corruptions charges against M. Karunanidhi are so many that he is often referred to as the king or emperor of corruption. He was accused of lending support to the LTTE and was indicted for abetting the LTTE in the interim report which oversaw the investigation into Rajiv Gandhi's assassination. Karunanidhi reportedly institutionalized corruption in the South. He was a leading player in the cash for votes scams that are common in the southern region, as well as notorious foe extreme nepotism shown under his rule. Not so surprising, is the fact that the main accused in the 2G scam, A, Raja, considers him to be his mentor.

Sharad Pawar

Very few people can miss the cosy relationship that Sharad Pawar shares with power and money.Every now and then, Pawar draws flak for

alleged investments made by him and his family in various illegal projects. He was named by Abdul Karim Telgi, during a narcoanalysis test, involving wheat imports and institutions headed by him and his close associates were served notices by the Bombay High Court for showing favoritism to his family.

stating that it was Pawar's brainchild to print fake stamp papers across the country and mint money. He was also accused in a multi-crore scam

Jayalalithaa

The Chief Minister of Tamil Nadu has a staggering 46 corruption cases against her. Amongst the various scams were the Rs. 70 million coal

import scam, Tansi land deal case, case of disproportionate assets and colour TV case, amongst many others. A raid in her residence and 750 pairs of footwears, etc. She along with her former cabinet colleagues and senior bureaucrats who worked with her are still facing investigation with regard to corruption.

business establishments led to the seizure of some 28 kg of jewellery (worth Rs 51 crore), 91 wrist-watches, 41 air-conditioners, 10,500 sarees,

BS Yeddyurappa

The most recent politician http://www.mensxp.com/special-features/top-10/5458-meet-the-top-10-young-politicians-of-india.html to be caught in the web of corruption is former Chief Minister of Karnataka, B. S. Yeddyurappa. While he has a number of corruption lying against him, the one that toppled his career was his alleged involvement in the illegal iron ore export scam in districts of Karnataka. A lot of blame game followed and ended up with Yeddyurappa losing his ministerial post last month. Despite his denial, his image as one of the most corrupt politicians of the country will not fade anytime.11

Reasons behind increasing political scams in India

In India, the election is not state funded. Now days cost of winning elections are beyond imagination. This is one of the major reasons Inactive use of Right to information Act by Indian citizens is encouraging politicians to do corruption in a fearless manner.

behind political corruptions.

Pressure of coalition government is preventing the Prime Minister or Chief Minister to take any stern action against a corrupted politician

or minister.

All the anti-corruption wings are under direct control of Government. Hence, ministers and politicians get an easy way to escape from the Whistle- blowing activities and private sector initiatives against corruption are at their infancy stage in India.

charges by pressurizing the Investigation agency.

I have mentioned above all the reasons of rising corruption in Indian Politics. Now readers you suggest India all solutions for removing corruption and greed from Indian Politics.12

(b).Judicial Corruptioin
Judicial Corruption in India is unfathomable
There were reports that half of the 16 ex-CJIs were corrupt. Ex-CJI K.G.Balakrishnan may top the ill-deeds of these honourable Lords! As I scanned through the web I came across the following: DeshGujarat article Judge who ordered CBI probe in Sohrab case, himself probed for corruption Asutosh Asthana, who could be harmful for alleged corrupt judges mysteriously died in custody. Family alleged that he was killed to rescue powerful people -CBI probe in Sohrabuddin encounter case was ordered by Supreme Court judges Tarun Chatterjee and Aftab Alam in last January. Justice Tarun Chatterjee ordered CBI probe to check larger conspiracy in the case on last day of his retirement. -Justice Tarun Chatterjee is presently tipped for a new assignment that of the mediator in the border dispute between Assam and Arunachal Pradesh by Congress/UPA govt in centre. -It should be interesting to note that the SIT probe against Narendra Modi and others was ordered by another Supreme Court judge Arijit Pasayat also on last day of his retirement13. -Pasayat who ordered SIT invesitgation against Modi, Gujarat ministers and Gujarat police officials, was appointed head of the Competition Appellate Tribunal (CAT) in Delhi on sixth day after his retirement by UPA/Congress govt in centre. More on Tarun Chatterjee and corruption allegation, CBI probe against him -The Central Bureau of Investigation (CBI) has recently recommended action against a former Supreme Court judge Tarun Chatterjee and 23 other judges for their role in the infamous multi-crore Ghaziabad provident fund (PF) scam.

-A foolproof case could not be built against several judges including Chatterjee because of the mysterious death of the main accused and bill Tarun Chatterjee as beneficiaries of the money illegally diverted from the state treasury in his confessional statement before a magistrate.
11

clerk Ashutosh Asthana. Asthana, who died under mysterious circumstances in Dasna jail in Ghaziabad, had named several judges including

Anna Hazare,10 Most Corrupted Politicians, in.lifestyle.yahoo.com/10 _corrupted_india_politicians (accessed on 19 Aug 2011) 12 Pavitrra,Reasons Of Corruption In India,produdtobeindian.net/reason-of-corruption-in-indian-politics, (accessed on june 2011) 13 Desh Gujarat,Judicial Corruption in India,janamejayam.wordpress.com (accessed on 3 june 2011)

Asthanas family had alleged that Asthana was killed by poison in custody.Family said he was murdered on the instructions of powerful people involved in the scam. -Following is India Today report on Chatterjees involvement in corruption case: The CBI, sources said, had questioned Justice Chatterjee at his residence towards the end of 2008 while he was a Supreme Court judge, after seeking permission from the then CJI K. G. Balakrishnan.Sources said a CBI team went to Chatterjees official residence and questioned him on Asthanas statement before a judicial magistrate. Asthana had alleged that household goods were purchased and transported from Ghaziabad to his house in Kolkata. The CBI had also questioned Justice Chatterjees son Anirudh Chatterjee in Kolkata on allegations that he had accepted a laptop and a mobile phone. Though Justice Chatterjee denied the allegations during questioning, the agency, sources said, was able to match the handwriting on the bills to a relative of the former apex court judge. The ex-SC judge had, however, claimed that he had foot the bill himself and had exhibited photocopies of a cheque he had given to the shopkeeper as proof, sources said.

Rams barb against SC judge spark

The Supreme Court on Thursday witnessed high drama when senior counsel Ram Jethmalani sought recall of the courts order for the CBI probe in the Sohrabuddin encounter case by disclosing that that the judge who passed the order was himself under CBI scrutiny. Its terribly embarrassing but true that evidence has come to our possession that a conspiracy was hatched at the highest levels of politics of the country to destabilise the Gujarat Government, Jethmalani said, referring to the January 12, 2010 order passed by a Bench of Justices Tarun Chatterjee (since retired) and Aftab Alam for CBI probe. Appearing for former Gujarat Minister Amit Shah, Jethmalani said there was a clear link between the order and a pending investigation against the judge, named an accused in the PF scam. Mr Justice Chatterjee was himself being investigated by the CBI. It was thoroughly improper for him to have heard the case. After a spell of dead silence that followed Jethmalanis sensational charge, Solicitor General Gopal Subramanium, amicus curiae in the case, said,

Dont make such allegations against judges. It is unfortunate since this was never pointed out that day by the senior counsel representing the State (Gujarat). When Jethmalani replied that the information came in his way only later, the veteran lawyer found himself under attack from the court. Your statement has hurt me and it would hurt your reputation most being a senior lawyer, said Justice Alam. Jethmalani remarked, I have no reputation to loseand if by arguing this way my reputation is gone, so be it. Jethmalani said the CBI had no evidence at hand when it caught Amit Shah. He maintained that with the filing of chargesheet the court should stop monitoring the case. He sought one-day time to produce the production memo supplied by the CBI which clearly stated that the investigation had ended. But the CBI turned a volte face in the court. Appearing for the agency, senior advocate KTS Tulsi claimed that a crucial component of the investigation relates to the death of Tulsiram Prajapati, the third person along with Sohrabuddin before his death. This investigation is still incomplete. However, the Bench gave the CBI additional three months to complete the probe and submit a status report.

Justice RM Lodha too was critical of Jethmalani. Accepting the argument made by Jethmalani that the SC could not monitor the case further once the CBI had filed the chargesheet, he objected to the remark on the judge. What you are telling about a member of the Bench is not necessary. Jethmalanis allegation also provoked petitioner Rubabuddin Sheikhs counsel, who said politics was being played out by Shah. Claiming it a scene by throwing a file and engaging in a verbal duel with Jethmalani.

unfortunate that a judge was being attacked as part of some cheap politics played out outside court, senior advocate Dushyant Dave created

Subramanium suggested to the court that till the larger conspiracy behind the Sohrabuddin killing, including the death of his wife Kauser Bi and Prajapati, was not probed, the court should not stop monitoring. While Justice Lodha was convinced at one point that the matter required no further monitoring by them, the CB

ii

LIST OF CORRUPTED JUDGES

26 Nov 2011: CJI Kapadia;If ANY JUDGE is believed CORRUPT; he should be NAMED in PUBLIC

25 Nov 2011:On Trial: Indian Judiciary Institutional Corruption of 867 Judges of India & Lokayukta Institutional Corruption; WP. 15th December,2011: 2nd Persecution of Publicizers of 867 Corrupt Judges & Lokayuktas since 10 Years: Bangalore Vidhana

PIL. 44135/2011 in Karnataka High Court; before Chief Justice Court :By www.dsklegal.com

Soudha Police arrests Digvijay Mote, Editor of www.IndianCorruptJudges.com; on the Fictitious & Coercive Complaint by Lokayukta. Keeps him in Custody for Three days & Searches his Office. But to find Real & Judicial Evidences against Corrupt 867 Corrupt Judges & Lokayuktas !

First Persecution of Mote Family 2004 to 2006: was by Lokayukta Police Complaint against his Wife & Son in 2004; but were Lokayukta-to-be Justice Bannurmath: Embroiled in Land Scam , FORGED SALE DEED & Illegal Activities

Acquitted in 2006.

Most SC & HC judges sign off with grace, others remain Lordships: CJI S H Kapadia Video: CJI Kapadia Hard Hitting Words Against Corrupt Judges. Judiciary too should be subjected to Fair Criticism14 Dear Mr CJI: In WP PIL 40994/2002; Karnataka High Court Special Bench; Justice RMRJ & HBJ COMMITTED CONTEMPT Of

THEIR VERY COURT ORDER; to Save 2 SC Sitting Judges + 867 JUDGES from Penal Prosecution. A FRAUD on COURT of RECORDS!

Mr CJI: WP PIL 40994/2002; Ur Brother Justice Dattu Calls Up Kar HC J RMR Not To Have TEMPLE Next To His Site! Bench Mr CJI Under Ur Very Nose, Ur Brother Justice Dattu Treating Apex Court Web Site as as Garbage Bin. Dares To Law & States Court Say site allotments To 867 JUDGES & SC Sitting Judges DATTU & Thakur; Gave The JUDICIARY BAD NAME: Kar HC 15th December,2011: 2nd Persecution of Publicizers of 867 Corrupt Judges & Lokayuktas since 10 Years: Bangalore Vidhana

Directs Demolition of Temple; Deliberated by Kar HC Since 9 Years !

Litigation is Over of JUDICIAL Layout & Gifts Site to Grand Son! A Great SHAME.

seeks Judicial Layout details

Soudha Police arrests Digvijay Mote, Editor of www.IndianCorruptJudges.com; on the Fictitious & Coecrcive Complaint by Lokayukta. Keeps him in Custody for Three days & Searches his Office. But to find Real & Judicial Evidences against Corrupt 867 Corrupt Judges & Lokayuktas First Persecution of Mote Family 2004 to 2006: was by Lokayukta Police Complaint against his Wife & Son in 2004; but were Acquitted in 2006.

iii

Corruption in Judiciary
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 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.15 Over the week, Mint will present details of the CMS study. On Monday we featured Indias public distribution system. On Tuesday, we did the education system..

states and included interviews with service providers and users (of these services). The results, published the same year said Indians

1.Courting Corruption

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.

2. Misuse of power
\There are instances of Metropolitan Magistrates issuing bailable arrest warrants against individuals of whose identitites 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 ofRs. 40,000.

In some cases, judges offer a favour in exchange for personal gain or favours. In Rajasthan, some time back, there were reports of a judge who offered judicial favour in exchange for sexual favours from a litigant. Some of these instances have been reported by the media, but no action has resulted.

Today, under existing rules, any person making any allegation of corruption or other things against a sitting judge can be charged and punished for contempt of court. This is a deterrent against more such instances coming to light.

3. A difficult impeachment process

14 15

CJI S.H. Kapadia,Indian Corrupted Judges,indiancorruptjudges.com (accessed on 26 nov 2011) Judicial Corruption in India,www.livemint.com, (accessed on 3 may 2007)

The Supreme Court of India has ruled that no first information report (FIR) can be registered against a judge, nor, a criminal investigation initiated without prior approval of the Chief Justice of the Supreme Court. Once appointed, a judge of the High Court or Supreme Court houses of Indian parliament. Their immunity is reinforced by the fact that the procedure isnt just cumbersome but also susceptible to political influence. In the 1990s, when the Congress was in power, a motion seeking to impeach Justice V Ramaswami could not be passed by parliament as Congress members of parliament abstained from voting. There have been no other attempts at impeachment in India.

cannot be sacked except by a complicated impeachment process, done by members of the Lok Sabha and the Rajya Sabha, the two

4. Slow and inefficient

Many cases drag on for years. SAn oft cited excuse is the lack of staff, but the judicial process itself is unnecessarily complicated and inefficient, making cases drag on for a long time. Bribes are sometimes ought to davance the judgement or bend it. At last count, some 26 million cases were pending in Indian courts.

iv

Why People Pay Bribes 1. Favourable judgement

Recent media reports have shown that it is possible to secure a favourable judegement in a lower court by bribing the judiciary, although the situation radically improves when it comes to the higher courts.

2. Speeding up judgement
There is a huge backlog of cases in Indian courts which results in delayed judgements. It is quite common for a case to drag on for years. People often have to pay bribes to speed up the process.

3. Other activities
A llot of non case related work also falls under the purview of the judiciary. This includes the issual of affidavits, registrations, etc. People often pay bribes to get this work done by a middleman.

4. Obtaining bail
The judge has a lot of discretion in issuing bail; the guidelines governing this are fairly basic. It is possible to secure bail by influencing the judge in some cases.

5. Manipulating witnesses
As some recent high-profile cases have shown, witnesses are manipulated through money or force into giving favourable testimony.

Suggested Solutions 1. Use of technology

A review of how court records are handled and the introduction of modern tracking methods can eliminate much of petty corruption existing should be maintained

in lower courts Websites and CDs can explain basic law to laymen Court files can be computerized Video recordings of cout procedings

2. Reduce the gap

Provide alternative methods of dispute redressal to lighten burden on courts Increase number of judicial officers and number of fast track courts.Create a vigilance cell for redressal of public grievances

3. Making the judiciary accountable

Judges must be subject to judicial review.Judges must follow a code of conduct. Bar associations must act against corrupt members .A public body must keep an eye on the judicial system. An Indian judicial service must be created. The proposed National Judicial Commission should have powers to fire judges

Controversial Essay on Corruption in Judiciary system in India

In every country the judiciary comprises the third and in many ways the most important organ of the governmental machinery. The executive and the legislature of course have a vital role to play in the multifaceted task of governance, but in a federal set-up, it is the judiciary that excellence of a government than the efficiency of the judicial system.

holds the balance. Lord Bryca, the famous British Jurist and constitutional expert, rightly commented that there is no better test of the

The judiciary is in fact the guardian of the people's right; it protects these rights from encroachments by the Government, public bodies and individuals. The liberty of the people, so vital in a democracy, gets endangered if there is no totally independent judiciary commanding the

highest conceivable degree of credibility. If the judges, are not men of integrity and sound moral character, public confidence in the judiciary cannot be ensured. It is this public trust and credibility that is now threatened as a result of certain improprieties, indiscretions and even acts of direct and indirect corruption, by certain judges. No one., least of all the framers of India's carefully devised Constitution, envisaged a situation in which the judiciary would get exposed to charges of corruption. The recent acts of colleagues here and abroad but also by all people everywhere who cherish high moral principles and the values on which our polity is supposed to be based. Until recently, talk of the threat of collapse of the judicial system was linked with the unbearable work load of the judges at various levels, caused by the frightening backing of cases together with the ceaseless flow of new ones. The delays in getting justice from the courts are proverbial. Even six decades after independence there is no sign of the speedy, inexpensive justice which the Founding Father of the Republic and other leaders envisaged. Some people even fear that a time may come when disputes will be settled through extra judicial means, as has happened in certain areas of Bihar. Among the causes of the scandalous delay are the complicated court procedures, the needlessly lengthy and adjournments (generally sought by the lawyers) themselves in order to enhance their incomes), the heavy pressure of work necessitating long intervals between hearings, the facility of lodging appeals to high courts, the inadequate number of judges and the numerous holidays. Two lack fresh cases are filed in the various courts each year while the disposal rate does not exceed 9,000. The work load of all courts - subordinate, High or Supreme is doubling every seven years.

The former Chief Justice of India, expressed anguish over the failure of the judicial system to meet the needs and expectations of the public for the justice and redress in private disputes or against the Government. All members of the judiciary, especially judges of the High courts controversial figures. Judicial independence has been enshrined in the Constitution under Article 124. A judge's salary or other service conditions cannot be

are expected to be scrupulously honest and men of integrity. Unfortunately, several senior judges of the Mumbai High Court have become

altered to his disadvantages. He cannot be removed from office, save through the arduous process of impeachment which requires Courts to invalidate several unconstitutional laws passed by the legislatures affecting the rights and liberties of the citizens or the Press. of their duties and their accountability for their actions and indulging in graft. There seems to be a nexus between the sudden fall in the credibility of the judiciary and the increasing politicization of the process of effective. Unless the executive sheds its power of having the final voice in judicial appointments and transfers, the situation cannot improve. The Judge's conference thought if the existing system was role should not be merely consultative as at present but it must be laid down that his concurrence is necessary for appointments and transfers. Also in the case of appointment of High Court Judges, it is the Chief Justice of the High Court who should recommended the name and the Chief Minister should only be consulted. In essence, it is politic and political influence that lead to miscarriage and denial of justice and even corruption. The living conditions and economic status of some judges are started to pathetic. But could be any justification for indulging in corruption inter-judiciary or in-house body, which may be called 'Board of Judicial Ethics' is a sound of one.16

approval of a two-thirds majority of ach House of Parliament. To get this is indeed a difficulty task. This independence has enabled the

Judicial independence , however, should no got to the extent of making judges irresponsible or unconcerned about the proper performance

appointment of judges in which lobbying in the corridors of power rather than knowledge of law and character was found to be quite

the every evil of judiciary is expected to check. in this connection, the suggestion of a top anti-corruption drive expert that there should be an

(c).BUREAUCRATIC CORRUPTION

16

Santosh Gupta,An Assay on Judicial Corruption in India,upscguide.com (accessed on 3 june 2012)

Corruption In India
According to Jitendra Singh, In the bad old days, particularly pre-1991, when the License Raj held sway, and by design, all kinds of free market mechanisms were hobbled or stymied, and corruption emerged almost as an illegitimate price mechanism, a shadowy quasi-market, such that scarce resources could still be allocated within the economy, and decisions could get made. These were largely distortions created by the politico-economic regime. While the sea change has occurred in the years following 1991, some of the distorted cultural norms that took hold during the earlier period are slowly being repaired by the sheer forces of competition. The process will be long and slow, however. It will not change overnight. One of the major problems and the obstacles to development that many countries face is corruption by greedy, power-rapacious politicians, which is endemic in certain parts of the world.

(i).POLITICS - Corruption not only has become a pervasive aspect of Indian politics

but also has become an increasingly important factor in Indian elections. The extensive role of the Indian state in providing services and promoting economic development has always created the opportunity for using public resources for private benefit. As government regulation of business was extended in the 1960s and corporate donations were banned in 1969, trading economic favours for the under able contribution to political parties became an increasingly widespread political practice. During the 1980s and 1990s, corruption became associated with the occupants of the highest echelons of Indias political system. Politicians have become so closely identified with corruption in the public eye that a Times of India poll of 1554 adults in six metropolitan cities found that 98 percent of the public is convinced that politicians and ministers are corrupt, with 85 percent observing that corruption is on he increase. The prominence of political corruption in India is hardly unique to India. Other countries also have experienced corruption that has rocked their political systems. What is remarkable about India is the persistent anti-incumbent sentiment among its electorate. In July 2008, The Washington Post reported that nearly a fourth of the 540 Indian Parliament members faced criminal charges,including human trafficking, immigration rackets, embezzlement, rape and even murder.

(ii).Bureaucracy- A 2005 study done by transparency International, TI, in India

ound that more than 50% of people had first-hand experience of paying bribe or peddling influence to get a job done in public office. Officials often steal state property. n Bihar, more than 80% of the subsidized food aid to poor is stolen. In cities and villages throughout India, Mafia Raj consisting of municipal and other Government officials, elected politicians, judicial officers, real estate developers and law enforcement officials, acquire, develop and sell land in illegal ways. Many stateunded construction activities in India, such as road building are dominated by construction mafias, which are groupings of corrupt public works officials, material suppliers, politicians and construction contractors. Shoddy construction and material substitution result in roads and highways being dangerous and sometime simply washed away when Indias heavy monsoon season arrives. More often than not, minorities and minority-dominated areas bear the brunt of bureaucratic corruption, especially at the lower levels. In government hospitals, corruption is associated with non-availability of medicines, getting admission, consultants with doctors and availing diagnostic services.17

(iii)Judiciary- Corruption is rampant in the judicial system of India. According to

Transparency International, judicial corruption in India is attributable to factors such as delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws. Armed Forces and Police- Indian Armed Forces since long time have witnessed corruption involving senior armed forces officers from the Indian Army, Indian Navy and Indian Air Force. Many officers have been caught for allegedly selling weapons in the black market in the border districts of Indian states and territories, which has shaken public faith in the countrys massive military. The police often torture innocent people until a confession is obtained to save influential and wealthy offenders. G.P. Joshi, the programme coordinator of the Indian branch of the Commonwealth Human Rights Initiative in New Delhi comments that the main issue at hand concerning police violence is a lack of accountability.

(iv)Religious Institutions-In India, the corruption has also crept into religious

nstitutions. Some deacons of the church of North India are making money by selling Baptism certificates. A group of church leaders and activists has launched a campaign to combat the corruption within churches. Among the Indian Muslims, the
17

Shinaaz Mittal,Bureaucratic Corruption in India,www.civilserviceindia.com (accessed on may 2005

recent cash for fatwas scandal was a major affair that exposed the Imams of the slamic ulama accepting bribes for issuing random, often nonsensical fatwas. The chief economic consequences of corruption are the loss to the economy, an unhealthy climate for investment and an increase in the cost of Government- subsidised services. The TI India study estimates the monetary value of the petty corruption in he eleven basic services provided by the Government, like education, healthcare, udiciary, police, etc., to be around Rs.21,068 crores. India still ranks in the bottom quartile of developing countries in terms of the ease of doing business, and compared o China and other lower developed Asian nations, the average time taken to secure he clearance for a start-up or to invoke bankruptcy is much greater.

The corruption in India has permeated to every branch of the Govt. as well as the corporate sector . The corruption in the countrys bureaucracy (both Higher and lower level) in the states as bureaucracy, The ordinary citizen have to regularly deal with the lower bureaucracy. It is quite common are ordinary citizens to pay bribes for obtaining a rational card , a married certificate, a driving license , getting a passport, getting a custom clearance at the airport , getting some building permits from the municipal authorities , getting a child admitted in a school, getting a patient admitted in Govt. or Municipal hospitals or even getting a birth or death certificate in time. Virtually every Govt. transaction in India comes with a bribe attached over and above the usual fees fixed by concerned authorities. In many Govt. offices, the visitors are routinely approached by the middleman promising to get the work done without wasting any time. They are even willing to deliver a driving license, a passport , a marriage certificate or any other document at the residence of the applicant for the extra bribe! In many states, recruitment in Govt. jobs, particularly police, forest and revenue departments which are considered lucrative , large-scale moral right to expect a return through more corruption. In December 2010, the union home secretary, G.K. Pillai had admitted that police recruitment in almost every state was mired in corruption. People do not get recruited as constable and sub-inspectors unless money is paid and, therefore, the first level at which you from rupees 3 lakh and rupees 5 lakh and for sub-inspector it is between rupees 10 and 15 lakh.

well as at the centre is quite widespreaed. While the businessmen and corporates are often required to interact with the higher level

bribing is quite common. In fact, bribing is now considered a long term investment by many. This investment, they assume, gives them a

have to stop corruption is at this recruitment process. According to report, in most states, the bribe for the position of constable varies

It is also common knowledge that in the police department, officers are required to pay a hefty bribe to their superior for lucrative posting where the extra income are huge. Certain posting such as those in the anti-corruption bureau , providing security a politicians and police training school, are considered punishment posting without any scope for corruption .18

(d) Other types of corruption

There are many types of corruption in different department these are followings:i.

Corrupted election:- Corruption during election i.e distribution of money, intoxications, drugs, throwing parties/feasts etc to the votes
by the candidates or demanding them by the votes to the candidates should be stopped. This excess of expenses during elections are the root causes of corruption by the elected public leaders when they becomes ministers, MPs or MLAs etc.

General public also cannot stop them from corruption as they got corrupted money and treats during elections. So, there should be strict rules to punish both the candidates and the voters who give or demand money etc. only when elections are held corrupt free, then we can expect corrupt free government functioning. ii.

Corrupted Government Department Heads:- The heads of all the government departments should be examples of dutiful &

corrupt free people of integrity. They should see how his/her department is functioning in the interest/welfare of the people. Result immediate disciplinary action. Proper utilization of fund is a must. Department heads should not play

oriented, innovative plans/projects should be implemented sincerely & effectively. Any careless & undutiful staff should be subjected to blame to Ministers etc, rather they themselves should be responsible for their respective department functioning. iii.

Corrupted Ministers, MPs, MLAs, Governors, Secretaries, IAS officers:- Ministers, MPs, MLAs should always keep peoples
should not exercise their power for selfish ends. They should be paid good salaries & other facilities to ensure them live decently and discharge public duties smoothly without any fear of pressure.19

welfare above all in all their undertakings. All their dealings should be based on justice. Quality work/control must be ensured. They

iv.

Corruption in health care:- It is very dangerous because human life is at stake. Unqualified/substandard doctors/surgeons may
caused human life due to wrong prescription or wrong operation. Drugs from substandard manufactures can damage peoples health severely or even that. So, it is in the public interest that all kind of corruption be stopped in health care.

18 19

Dr. S.D. Naik,The Cancer of Corruption,jan 2012,p.23 Ambika Khanna,Corruption:Problem and Solution,17 April 2011,p.8

v.

Corruption in public works:- substandard office buildings, hospitals, complexes, roads, bridges, canals, walls, drainages are all the
clearly reflected images of corruption in this sectors. Department heads, Contractors, Engineers, Suppliers, have drained out public money in their pockets with the dismissal works output. This corruption in public works should be stopped immediately with the exemplary punishment of those who are guilty of misuse of the public fund.

vi.

Corruption in Police, Army, Navy & Air force:- Problem with the misuse of force on common people while overlooking injustice of
at all levels have to stop immediately. Army is meant for defending the country against foreran invasions not for harassing the innocents citizens. Navy and Air carrier or fighter jets etc. are to be stopped at all levels.

the high commands. Police is meant for the social security, for punishing the guilty & protecting the innocent people. Corruption of police

force personals are not supposed to live in luxury in the name of water & air defenses. Corruption in gun deal or boats /ships /aircraft

Vii. Corruption in other departments:- Whether Agriculture, Horticulture, Sericulture, Veterinary, Public Distribution System, Accounts,
Statistics, Trade & Commerce, Legal, Social Welfare, Irrigation and Flood Control or any other government department etc are found corruption in one way or the other. So, now all these nonsense called corruption have to stopped in all the departments else the future is very gloomy for the society.

Viii. Corruption in all kinds of appointment:- Stop bribery in all kinds of appointment. Appoint only qualified and merited people. Justice
should rule not influence or quota please.20

20

Supra n.14 p.9