Reducing Corruption in Public Governance: Rhetoric To Reality
Reducing Corruption in Public Governance: Rhetoric To Reality
Reducing Corruption in Public Governance: Rhetoric To Reality
Reality1
K Rajasekharan
Abstract
The article argues that the democratic governance in India is now at the crossroads with many
positive elements of good governance on one hand and the most shameful aberrations of bad
governance including mounting corruption, on the other, which demands a close look at its
nuances.. Corruption is here defined as abuse of public office for personal gains or actions
causing transfer of public money to private hands, normally in violation of rules or without it.
The article points out that the corruption exists where monopoly power plus discretion minus
accountability exists without transparency. India had a strong framework of law to deal with
corruption, right from the beginning and some of them are described. Even though laws play a
key role in preventing corruptions, the provisions are not well-suited to deal with such a
difficult task. Uprooting corruption has turned out to be a formidable task. Every attempt to
deal with it tends to degenerate, lapse or disappoints the actors in the long run. Hon Kong’s
initiative in 1985 to root out corruption in the police department has been explained as an
excellent learning exercise. The experience of the least corrupt county Finland is also
explained. The article states that a system that provides fewer incentives or opportunities for
corruption is the right prescription for reducing corruption and the corruption can be dealt with
by some well formulated strategic steps. Citizen’s inability to demand accountability from the
Government leads to unabated corruption. The article concludes that all those who refuse to
take part in governance and make it good will have to suffer under bad men whom we elect.
Introduction
Indian Scenario
India, the largest democracy in the world is now at a crossroads with many
positive elements of good governance on one hand and shameful aberrations
2
A historical perspective of corruption is detailed in Jain(2001) PP 11-32
of bad governance including growing corruption, on the other. Corruption and
concern about it is not new in India. Political history indicates that India has
never been free from corruption in ancient times, the colonial period or even
the Nehru’s period after independence. Many higher level civil servants are
believed to be corrupt or accomplices of corrupt ministers. Lower
bureaucracy involves in speed money or bribes. Legislature, judiciary, media
and independent professionals are not devoid of corruption. Allegations on
corruption to harass political opponents leveled by political parties when they
remain in opposition and not doing anything on it when they are in power
later, politicized the allegations on corruption as a tool to gain power.
Legislative attempts could not make any marked difference in dealing with
corruption. Investigative journalism could expose innumerable instances of
corruption, but without much sustainability or stable remedial action. So a
close look at its nuances is imminent, if we want to deal with it effectively.
Consequences of Corruption
Corruption in public offices has grown worse over the years and has become
a threat to the stability of governance and democracy in India and the world
over. It may destroy peoples trust in state institutions. Every office is a
position of trust. The cancer of corruption has seeped into the blood stream
of every sphere of our polity and public governance. It touches every sort of
activity in every sector and that leads to inefficiency3, injustice and inequity.
The very existence of governance systems seems to be at stake. Corruption
renders governance into a state of near non-governance or misdirected
governance. Corruption that has been with us from time immemorial spoils
the moral foundation of the society.
3
The concept of speed money has become one of the most serious reasons for delay,
inefficiency and maladministration.
issue of corruption, we cannot ensure equity, equanimity and prosperity
through the system of governance. Corruption aggravates inequality and can
end up in the emergence of an unequal society. Corruption reduces public
revenue, distorts resource allocation, retards economic growth and weakens
rule of law. Corruption threatens the hopes of the poor by draining the money
that reaches them for education, health, employment support etc. Poor will
be denied basic justice in economic, political and social spheres. No country
can afford to have high degree of corruption which leads to loss of confidence
in public institutions and retards its all round development.
Bad systems, bad ethics and bad incentives induce people to engage in
corruption. Lack of transparency, inadequate oversight and weak
enforcement can cause corruption. The institutional design largely influences
the occurrence and opportunities for corruption.
India had a very good framework of law to deal with corruption, right from the
beginning4 even though we failed to translate the legislative intent into
practice.
Indian Penal Code (IPC) enacted in 1860 was the main tool to prosecute
corrupt in the pre-independence India. The sections 161 to 165 were
sufficiently good enough to deal with offences by public servants. The large
scale corruption in Second World War forced the law makers to formulate an
exclusive law Prevention of Corruption Act (PCA) in 1947 to reduce bribery
and corruption which was amended in 1964 to incorporate the
recommendations of the Santhanam Committee. It gives immunity to bribe
giver. The Criminal Law Amendment Act was subsequently passed in 1952
which provided for attachment of wealth obtained by a “public servant”
4
See Committee on Prevention of Corruption (Santhanam Committee), Report of the
Committee on Prevention of Corruption. New Delhi, Ministry of Home Affairs, 1964
through corrupt means. The IPC sections for the purpose were deleted
thereafter.
The parliamentary privileges, not enlisted into a code or law, provide undue
protection to the members and they need revisiting. The Members of
Parliament or legislative bodies should not have privileges to cover corrupt
acts, in the name of impunity on their parliamentary duties.
The legal codes in our country evolved from colonial rulers are not deeply
rooted in our culture or tradition and that make the laws ineffective.
Need for Reforming Laws
Laws play a key role in preventing corruption. But the legal provisions on
corruption now existing in India are not well-suited to deal with such a
difficult task on the whole.
The Prevention of Corruption Act of 1988 does not define corruption, but lists
offences of bribery, other related offences and penalties. But experience
shows that such an indirect definition of corruption cannot cover a whole
range of corrupt practices detrimental to public interest. So it is better that
the laws on corruption should be drafted with more general provisions. For
example corruption can be defined as “abuse of public office for private gain”
which by definition encompasses a whole lot of malafide acts rather than
including a few imaginable activities within the definition and leaving aside
so many outside its fold.
The National Law Commission in December 2001 as per its 179th report
wanted to formulate a law to protect the whistle blowers who have a critical
role in reducing corruption. Nothing much has happened in that direction but
a bill as passed by Rajya Sapha is introduced recently in Lok Sapha. As well,
there is under-utilization and neglect of existing anti-corruption laws. It is
better to make corruption, a criminal offence. As well, seizure or forfeiture of
proceeds of corruption should remain as a corruption mitigation mechanism
in the laws.
The fight against corruption should not be an end in itself; rather it should be
a skilful strategy to reform the governance or to vitalize service delivery.
Preventing corruption can raise revenue, improve service delivery and
stimulate people’s participation. Government should look into more important
reform areas like public service effectiveness, working with private sector,
empowering citizen and making vibrant economic development for launching
innovative initiatives. If the approach towards fight against corruption is
oriented towards the path of administrative reforms, the result would be
more positive, productive and motivating. It can then both prevent the
plundering of public money and help in improving the services. Let us look at
two of those examples.
Hon Kong’s initiative in 1985 to root out corruption in the police department
remains as an excellent learning exercise 5. Police corruption created a
climate of distrust in the entire government and lead to a loss of international
investment. The usual solution such as stronger laws, more powers to anti-
corruption offices and detailed investigation failed to address the growth of
corruption.
Hong Kongs then governor Mac Lehore adopted a new strategy. He created a
new Independent Anti Corruption Agency (IACA) with talented staff, good
leadership and five oversight boards to guide and monitor the agency. The
agency emphasized prevention and citizen’s participation. For prevention, the
government functions were analyzed, reduced the monopoly, streamlined
discretion and promoted accountability. As well, service delivery was
improved. The citizens were educated about the harmful outcomes of
corruption and mobilized them to provide information.
The results were remarkable and the systematic corruption in the police force
was broken.
The experience of Finland , the least corrupt country in the world, shows that
they could reduce the corruption because of a set of conditions such as
provision of welfare services for the aged and unemployed, good status and
pay for civil servants, induction of lawyers on senior civil service posts,
refendeary system for researching and suggesting options on issues
publicized by the Government, non-political civil servant as Heads of
5
Klitgaard, Robert et al: Corrupt cities: A practical guide to cure and prevention.
Washington, World Bank Institute, 2000. P 17
Ministries, transparency and openness, the duty to provide public explanation
on decisions, collective decision making, personal independence and
responsibility in administration, a closed civil service career system etc .
A strong political will of the government is a sine qua non for reducing
corruption. Anti corruption initiatives will become unsuccessful without strong
political will. The legislators can strengthen systems of accountability, reduce
opportunities of corruption, improve incentives for probity and promote
popular demand for integrity. The Parliament6 can join in the fight for
corruption by enacting appropriate laws and overseeing the enforcement of
these laws through its committees. But more laws create more scope for red
tape, more red tape create more scope for corruption.
6
For more details see the book Role of parliament in Curbing corruption edited by
Rick Stephen et al. Washington, The World Bank, 2006. The book describes in depth
the consequences of ignoring or tolerating corruption. The role of parliament in anti-
corruption legislation is described in chapter 5
All procedures, laws and regulations that breed corruption or come against
efficient delivery system, will have to be eliminated. Enforcement of rule of
law and deterrent punishment can reduce corruption. A policy of zero
tolerance to all types of corruption which permeate governance, legal
systems and administration can do a lot.
A sample code of conduct that spells out appropriate behavior of both elected
and appointed functionaries is a preventive mechanism to fight against
corruption. Enhancement of people’s participation in public affairs will reduce
corruption. Governance should be designed to make it easy for functionaries
to do good and difficult to do evil while exercising statutory powers.
Simplification of rules and regulations is a clear pre-condition for less
corruption.
Political parties are now considered as the most corrupt institutions. The
tendency of political leadership to ignore policy making and to involve in
routine administrative actions which are in the domain of bureaucrats in
public governance is on the increase. It should be discouraged to ensure
proper checks and balances between the elected functionaries and appointed
officials. The public functionaries, in general, consider the official position as
an opportunity to plunder public money.
Any anti corruption move should start with an assessment of the nature and
extend of corruption by using surveys, interviews and other appropriate
means. Determine how corruption works, who is involved, who benefits and
who is adversely affected. An assessment of institutions should also be made
to find out which institutions are affected by corruption and how they can be
placed in the anti-corruption drive. This would help in identifying the priority
in reforms needed in different kinds of institutions. Any assessment or
analysis of corruption should be done in a holistic and participatory manner.
While beginning any anti-corruption drive, it is better to start with the types
of corruption that are more visible or hated by the people so that it will get
better mass support.
7
A brief account of anti-corruption strategies are described in the Commonwealth
Expert Group Report titled Fighting Corruption: Promoting Good Governance. London,
Commonwealth, 2000 PP 3-21
A workshop of stakeholders should be convened to develop, implement and
evaluate anti-corruption strategies that are needed. Such workshops should
set goals, timeline and sequencing of actions.
The fight against corruption should focus on corrupt systems rather than on
individuals. Prosecuting the guilty is also important. But prosecution alone
does not reduce the opportunities or incentives for corruption. A change in
the system may yield better results than any change in the individuals in the
system. If we do not change the institution or the environment, the next
occupants of the position will likely to be corrupt as their predecessors
because of the mismatch between the rewards and the risks associated with
corruption. Any strategy towards enhancing the quality of governance and
reducing the degree of corruption should result in effective public services as
its outcome rather than mere reduction in corruption as an end in itself.
There is a saying that when the ruler himself is right, the people naturally
follow the right course. If the ruler is wrong, it would be difficult for the ruled
to remain on the right path. On the other hand, it is true that as is the ruled
so is the ruler. A corrupt government is the result of a corrupt society.
Whatever be, all those who refuse to take part in governance will have to
suffer under corrupt men whom we elect.
References
1. Guhan, S and Paul, Samuel Ed., 1997. Corruption in India: Agenda for
Action. New Delhi, Vision Books
5. Law Commission of India, 2001. One Hundred and Seventy Ninth report
on the Public Interest Disclosure and Protection of Informers. New
Delhi, Government of India.
6. Mishra, Ajit, Ed, 2005. The economics of Corruption. New Delhi, Oxford.
10. United Nations, 2004. UN Anti Corruption Toolkit. Vienna, The United
Nations Office on Drugs and Crime.