Anti-Corruption

Constitutional & Legal Provisions (Static part from M Laxmikanth)

Central Vigilance Commission (CVC)

Intro : Agency to prevent corruption at the central govt level. Created by an executive resolution in 1964 on the recommendations of K Santhanam Committee on Prevention of Corruption (1962-64)

It was given legal status in 2003.

Composition : CVC + not more than 2 VCs

Appointment : By President on recommendation of a committee consisting of PM, FM and leader of the opposition in the LS.

Tenure : 4 years or till the age of 65.  Not eligible for reappointment under state and central govt

Removal : By President How?

Salary, Allowances and Conditions of Service : For CVC, it is like UPSC chairman; For VC, it is like other members of UPSC

Functions :

Jurisdiction : 

Working :

Similarly State Vigilance Commissions

Central Information Commission (CIC)

Intro : Created by the provisions of the RTI Act, 2005

Composition : CIC + not more than 10 ICs

Appointment : By President on recommendation of a committee consisting of PM, leader of the opposition in the LS and a Union cabinet minister nominated by the PM.

Tenure : 5 years or till the age of 65. Not eligible for reappointment under state and central govt

Removal : By President How?

Salary, Allowances and Conditions of Service : For CIC, it is like UPSC chairman; For IC, it is like other members of UPSC

Functions :

State Information Commission (CIC)

Intro : Created by the provisions of the RTI Act, 2005

Composition : CIC + not more than 10 ICs

Appointment : By President on recommendation of a committee consisting of PM, leader of the opposition in the LS and a Union cabinet minister nominated by the PM.

Tenure : 5 years or till the age of 65. Not eligible for reappointment under state and central govt

Removal : By President How?

Salary, Allowances and Conditions of Service : For CVC, it is like UPSC chairman; For VC, it is like other members of UPSC

Functions :

Lokpal & Lokayuktas

Anti-Defection Law

The 52nd Amendment Act of 1985 made provisions for disqualifying members of Parliament or state legislature in case of they defecting to another political party.

It has made changes to Art. 100, 101, 190 & 191 and inserted 10th schedule.

Provisions

Disqualification : 

Exception :

Deciding Authority : 

Rule Making Power :

Evaluation :

Advantages :

Criticism : 

91st Amendment :

Relevant Bills (Dynamic part)

The Whistle Blower Protection Bill, 2011

The bill seeks to -

• Establish a mechanism so that complaint can be registered (by making a public interest disclosure to the central or state vigilance commission) against a public servant on allegations of corruption, willful misuse of power or any criminal offence.
• Safeguard the person who makes the complaint against victimisation.
• The Bill penalizes for knowingly making false complaints.
• Every complaint has to include the identity of the complainant.
• The vigilance commissioner cam disclose the identity to the head of the Department, if he deems it necessary. Any other disclosure is prohibited.

Issues - 

• The bill seeks to balance the victimisation of the complainant and undue harassment of a public official. It imposes penalty for false complaint. But there is no penalty for victimisation of the complainant.
• Through a Govt. resolution, CVC is designated to receive public interest disclosures. But there has been only few hundred complaints per year since then. The provisions of the bill is similar to that resolution. So, it remains to be seen the amount of change that the bill is envisioned to bring in.
• CVC can only make recommendations. He cannot impose any penalty unlike Karnataka or Delhi Lokayukta.
• The bill does not define victimization and has limited definition of disclosure unlike that in other countries such as USA, UK or Canada.
• The bill differs on many issues with the proposed bill of the Law Commission and 2nd ARC report.
• These include non-admission of anonymous complaints and lack of penalties for officials who victimize whistleblowers.

The Benami Transactions (Prohibition) Bill, 2011

Introduced by MoF in Aug, 2011 to replace the existing bill of 1988. The bill seeks to -

• prohibit benami transactions
• the bill defines benami transaction
• Committee has submitted its report

The Prevention of Bribery of Foreign Officials and Officials of Public International Organizations Bill, 2011

Introduced in LS by Ministor of State for Personnel, Public Grievance and Pensions, Mr. V. Narayansamy. The bill is necessitated by India's signing of UN convention against corruption.

The bill empowers central govt to enter into agreement with other countries for enforcing this law and exchange of investigative information.

The Right of Citizens to time bound delivery of goods and services and redressal of their grievances bill, 2011 

The Electronic Delivery of Services Bill, 2011

The bill requires - 

• Public authorities will have to provide all public services (except a) that cannot be provided electronically and b) that the authority decide to keep out of electronic medium after consultation with the commission) electronically within 8 years from the commencement of this bill.
•   Establishment of Central and State Electronic Service Delivery Commission to monitor compliance of govt departments, and hear representations.
• Public Authorities have to establish a mechanism to redress complaints.

Issues - 

• Information will be needed to be stored electronically. the bill is mute regarding the security of these information.

The Prevention of Money Laundering(Amendment) Bill, 2011

Introduced by MoF, this bill seeks to amend the 2002 bill on this subject matter.

The national Identification Authority of India Bill, 2010

More discussed here

The Public Procurement Bill, 2012

Introduced by MoF in LS. The bill seeks to 

• Regulate and ensure transparency in the procurement process.
• A public servant can be imprisoned up to 5 years for accepting bribe and vitiating the bidding process.
• The bill shall not apply to procurements less than 50 lakhs or procurements made for disaster management or procurements made for national security.
• Currently, there is no overreaching legislation covering public procurement. The General Financial Rules, 2005 govern the procurements at the center.
• The bill is based on the recommendations by the committee on public procurement headed by former bureaucrat Vinod Dhall.
• The bill is aimed at fair and equitable treatment of the bidders, competitive environment, enhancing efficiency and economy, and maintaining integrity and public confidence.