To stoop to corruption and indulge in nefarious activities for the purpose are inextricably interwoven. Therefore to remain away from corruption a person has to change his attitude of mind first of all.
This is utmost necessary on the part of a public servant who is engaged in the affairs of day-to-day administration. Primarily there is great necessity of exercising restraint on your thought, deed and actions while discharging public duties.
Strict vigilance is necessary on your personal expenses in daily life. It is true that human wants are unlimited. At the same time, disproportionate assets against known source of income of a public servant which includes Minister, MP, MlA, Vice-Chancellors and other constitutional authorities would amount to ‘misconduct’ besides giving and taking of illegal gratification.
Therefore one has to keep control on his purse-string keeping in mind the income he gets by rendering services to the State. That would certainly lessen corruption to a great extent.
There is no denial of the fact that public servants are sensitized in anti-corruption laws, rules and regulations but in spite of that corruption has its in-road to all walks of public life eating away the vitals of the society. Therefore in the changing pattern of the society with the march of the time, in the era of globalization, free economy and increase of sphere of State activities, undoubtedly there is a great necessity of training of public servants at the lower rung and officials recruited to the middle management system of the Governmental hierarchy to guard against corruption. The public servants need to be inculcated a sense of discipline to regulate themselves by their own code of conduct, self-imposed rules and regulations and above all their self introspection.
To fight corruption, service conduct rules have not been able to entirely respond or create any impact on the activities of public servant. As a matter of fact, on many occasions, they face corruption charges and punished in accordance with law. Of course, exemplary punishment would bring desired result to contain corruption to a great extent.
Anti corruption law like the Prevention of Corruption Act-1988 is a wholesome legislation to arrest the rising trend of corruption in governance and State-craft. To combat corruption, nepotism and favoritism in administration agencies like anti-corruption bureau the Vigilance department are working in States. At the Central level, there are CBI, Enforcement Directorate, Central Vigilance Commission, Directorate of Revenue Intelligence in place. However, the pity is that although so many powerful investigating agencies are there to handle corruption cases, ‘Durniti and Bhrastachar’ in administration has its successful headway. Very often, there is public outcry and criticism, even comments by the Supreme Court that the CBI being the premier investigating agency in respect of the corruption cases is always controlled by the Government in power at the Centre.
Even, the apex court has said in a case that the CBI is like a ‘pet parrot’ of the Central Government. The unfortunate part of the whole story is that there is a great deal of corruption at high places. To eradicate corruption amongst politicians and high-ups in the social strata, public interest litigation, in Vineet Narayan vrs Union of India was filed before the Supreme Court sometimes back. In the judgment, the court ruled to insulate CBI from political control. The court also directed that ‘superintendence’ of the working of the CBI by the Government does not mean the ‘supervision’ of investigation of cases. It is a matter of regret that so far no Government at the Centre has taken a decision to free the CBI from executive control and to have its autonomy to regulate its affairs. The Government at the Centre always gives laudable statements that they do not interfere in the working of the CBI but in real practice, the CBI acts as a stooge of the Central Government. There is thus a wide gap between promise and performance. In this backdrop, it is worthy of mention that the CVC has been issuing guide lines every year to Governmental organizations of the State as well as of the Centre, including public undertaking and corporations, to observe ‘the Vigilance Awareness Week’ (Jagarukata Saptaha). This is in fact observance of a ritual only and it has little impact in reality to combat corruption.
‘Accountability’ and ‘transparency’ in action of public servants have although a great bearing for a reasonably corruption free society, these words have become only watch words used by political masters while giving lectures. It has no semblance of truth in it. Therefore public servants and politicians who are charged of corruption have to display their accountability and transparency to the public in real practice and not by preaching sermons and adhering to rituals. To reiterate in Veenit Narayan PIl case, the Supreme Court mentioned about criminal nexus of bureaucrat - business man – politician. The court issued several directions to the CBI to check corruption at high places. Even the apex court has ruled to form a Directorate of prosecution like that of England to advice the CBI in corruption cases to place full proof charge-sheet in the CBI special court. The court also directed to have in-house agency in the CBI comprising of experts from banking, insurance, accounts and intelligence sectors, etc.
In the ultimate analysis, even though lokpal and lokayukta Act-2013 has been passed regarding appointment of lokpal at the Centre and lokayukta at the States, it is unfortunate that so far there is no lokpal at the Centre. Only in a few State lokayuktas have been appointed. Very recently, the Supreme Court showed its anxiety and directed to go ahead with the appointment of lokpal at the Centre. However all said and done, the Government of the day at the Centre and the States should rise to the occasion to fight corruption at all levels to have a reasonably corruption- free society. In this regard, the role of youth force, the pro-active role of media and vigilant public opinion which are the driving forces would go a long way to achieve the desired change to some extent.
(The writer is a former Professor of law, lal Bahadur Shastri National Academy of Administration, Mussoorie. He lives at plot no. 205, Sahid Nagar, Bhubaneswar-7, Mob: 9437022723)