Mahadeep Singh Jamwal
Administrative Reforms Commission: The first Administrative Reforms Commission was set up by GOI in 1966, to give consideration to the need for ensuing the highest standards of efficiency and integrity in the public services. The second Administrative Reforms Commission was set up by GOI in 2005 to prepare a detailed blueprint for revamping the public administration.
National level Laws and provisions to tackle Corruption available is;
* The Prevention of Corruption Act, 1988.
* India and the United Nations Convention against Corruption 2003 (UNCAC)
* To strengthen international co-operation in fight against corruption.
* The Prevention of Money Laundering Act 2002 to tackle ill-gotten wealth in foreign countries. (Sec 3; whosoever directly or indirectly attempts to indulge or knowingly assist or knowingly is a party or is actually involved in any proceeds of crime and projecting it as untainted properties shall be guilty of offence of Money Laundering punishable u/s 4 imprisonment ranging from 1-10 yrs.
* The Central Vigilance Commission Act 2003. The CVC created under the act is no investigation agency but it works through CBI or through Departmental Vigilance Officers.
* The Foreign Exchange Management Act 1999, to deal with middle man, touts brokers.
* Right to the Information Act, 2005.
* The public service Guarantee Act.
* The Criminal Law (Amendment) Ordinance 1944, to Freeze, Seize and Confiscate the Properties.
As already discussed the Transparency International has issued Corruption Perception Index and the States of our country have been put into four categories i.e.
1. Alarming Corrupt States (Topmost Corrupt States); Bihar as at the top followed by J and K, MP, and UP.
2. Very High Corrupt States (Second most corrupt States); Karnataka, Rajasthan, and TN.
3. Highly Corrupt States (Third Most Corrupt States); Chhattisgarh, Delhi, Gujarat, and Kerala.
4. Moderately Corrupt States (Fourth and Bottom Corrupt States; Maharashtra, HP, Haryana, Punjab, Uttrakhand, Andhra Pradesh, and West Bengal.
Similarly the report on various departments speaks of following most corrupt departments in order of Corruption; are Police, Revenue, Housing, Water Supply, Rural Development, Forest, Power, Health, PDS, Banking, and Education.
Our State of J and K has attracted an alarming position in corruption, which is a matter of concern for the State rulers, Government Functionaries, common people and above all, by agencies invested with powers to tackle and investigate the corruption cases. A joint and sincere approach to tackle this problem is required in a coordinated manner as mere registration of cases under prevention of corruption laws, initiating enquiries, setting up commissions are not sufficient measures. There is an interesting list of corruption in Indian States compiled by Transparency International categorizing them into; Alarmingly Corrupt, Very High Corrupt, Highly Corrupt and Moderately Corrupt states. Among ‘Alarming Corrupt States’ Our J and K Lists Second after Bihar.
In the State of J and K we various laws which acts as ‘Tool to Curb Corruption’ Are;
* The Jammu and Kashmir Ranbir Penal Code, 1989 (1932AD)
* J&K Prevention of Corruption Act, 2006 Bikrami (1949 A.D.).
* J&K Public Men And Public Servants Declaration Of Assets
* and Other Provisions Act, 1983 A.D.
* The State Accountability Commission Act, 2002:
* The Jammu and Kashmir Right to Information Act, 2009:
* The Jammu and Kashmir Public Services Guarantee Act, 2011:
* The Jammu and Kashmir State Vigilance Commission Act, 2011;
The Concept of Preventive Vigilance: It was given push start vide issuance of a Circular GAD-12 0f 2003 dated 26.05.2003, by the State Government, with the concept of ‘Departmental Vigilance Officers’ and ‘Joint Surprise Check’ introduced and Verification through ‘Departmental Vigilance Officers.
Agencies dealing with, corruptions are; Local Police, State Vigilance Organization, The State Accountability Commission, State information Commission, and Judicial Courts. The most eyes are set on Vigilance Organization which dispose of corruption complaints by one of the methods by Registration of FIR, Holding of preliminary enquiries, Ordering a Joint Surprise Check, An enquiry by the departmental Vigilance Officer, and Secret verification.
Conclusion: When we explore about the effect of all these tools available with both Government and the Public, we can easily come to the conclusion that at Government level the agencies responsible for prevention, detection and combating the corruption, somehow are failure and peoples sufferings have not come down to the level as to appreciate the working of these organization/agencies.
The tools available with the public in the shape of The Jammu and Kashmir Right To Information Act, 2009 and The Jammu and Kashmir Public Services Guarantee Act, 2011 are not in full domain of common people, as to obtain its benefits, but these are helpful in getting some relief while visiting to various offices for some information or to obtain some petty services. These provisions do not provide a complete shelter from prevailing corruption while a common man is seeking employment, admissions in educational institutions, when they visit to Police Stations, Judicial as well as Civil courts for timely justice, to get reliefs in whatever form may be, in obtaining admissions in Hospitals, in getting proper cure and care from the private practicing fraternity, in private hospitals etc. All these factors are directly related with the corruption. The corruption takes many forms, but always involves the abuse of entrusted powers for private gains. Everyone censures corruption at a societal stage but that does not mean that everyone had escaped from the infection of corruption. It is the root cause of all problems that a country faces. Corruption is not limited to administration; it is very much prevalent even in legislation and judiciary. Broadly speaking Corruption today has become fashion of the day. In a corrupt environment, wealth is captured; income inequality increases and States governing capacity is reduced. Most suffered is the educated and intelligent future of our Nation, as it is divesting them from their futuristic options, for better jobs and their talent is snatched by corruption mystification, that may be in employment sector, in competitions, in securing Medical and Engineering seats etc. It reduces economic growth rate and increases poverty. It also plays a great role in allocation of funds budgetary provisions, diverting funds away from less lucrative sectors to high kickback area. There are many myths about corruption, which have to be exploded, if we really want to combat it. We have to focus on law, procedure and administration and simultaneously on law enforcing agencies also. The laws should be so perfect, that law enforcing agencies should get, no choice to escape or track a wrong path or discriminate. Laws should not be such that they leave too much scope for discretion.
What above all this does not mean that various governments have allowed growing this Virus of corruption unchecked. Various laws and agencies are in place to tackle this Virus infecting every sphere of the society. Many Non Governmental Organizations are also on forefront, playing a great role of check, expose and aware, in this Great War against
corruption.
(Concluded)
