United Nations Convention against Corruption, to Check Corruption

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United Nations Convention Against Corruption

  • 2003

  • First legally binding international anti-corruption instrument

  • Obliges its state parties to implement a wide and detailed range of anti-corruption measures affecting their laws, institutions and practices

  • India ratified it in 2011

Image of United Nations Convention against Corruption

Image of United Nations Convention Against Corruption

To Check Corruption

Institutional Changes

  • A single, empowered Lokpal needs to be established. It should be empowered to investigate and prosecute politicians, bureaucrats and judges.

  • While CVC and CAG are independent, they are merely advisory bodies to the govt. They need to be strengthened. CVC can be merged with the institution of Lokpal

Major corruption cases exposed in 2010

  • Commonwealth Games

  • 2G spectrum allocation

  • Adarsh Society Case, Maharashtra

  • Land Scam, Yeddurappa, Karnataka

  • LIC Housing Scam

  • Nira Radia tapes

Proposition: Corruption exists and is high

  • Report published by Global Financial Integrity showed that corruption, tax evasion and trade mispricing have cost India hundreds of billions of dollars over the past several years

    • The study pointed out that the process had gained momentum after the opening up of the economy in 1991

Issues

Increasing nexus between corporate and politics: A rise in corruption could be attributed to this nexus. Corporates are trying to manipulate government in multiple ways to have their way in business.

Dealing with the issues

  • We need a truly independent CBI to get to the bottom of the cases.

    • Right now, CBI seems to be manipulable by the political masters.

    • In the 2G case, SC is directing CBI. One possibility could be to make CBI answerable to the judiciary instead of the executive to enhance its independence.

4th ARC report on Ethics in Governance has recommended a large number of measures which could enhance probity among public servants

  1. Amendment of the Prevention of Corruption Act

  2. Delegating powers to grant sanction of prosecution to an empowered committee

  3. Fixing time limit for trial of anti-corruption cases

  4. enhancing powers of the CVC

  5. Repeal article 311

  6. Creating a multi-member Lokayukta

  7. Simplifying disciplinary procedures

  8. Creating mechanism which can empower citizens to seek legal relief against fraudulent claims against the government

  9. Confiscation of property acquired by corrupt means

  10. Ensuring accessibility and responsiveness of government functionaries

  11. Adopting measures to protect honest civil servants

Serious Fraud Investigation Office (SFIO)

Image of Serious Fraud Investigation Office (SFIO)

Image of Serious Fraud Investigation Office (SFIO)

  • Under the ministry of corporate affairs

  • For detecting and prosecuting or recommending for prosecution white-collar crimes/frauds

Corporate Corruption

  • Insider trading: Rajat Gupta, Rajaratnam

  • KG Basin: Reliance

  • Niira Radia tapes

  • Satyam

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