Chapter 6: Second Administrative Reforms Commission Part III
The standards set in politics profoundly influence those in other aspects of governance.
High standards of ethical conduct were an integral part of the freedom struggle. Unfortunately,
ethical capital started getting eroded after the transfer of power.
widespread view that much more needs to be done to cleanse our political system.
Criminalization of politics participation of criminals in the electoral process' - is the soft
underbelly of our political system.
The opportunity to influence crime investigations and to convert the policemen from being potential
adversaries to allies is the irresistible magnet drawing criminals to politics.
The elected position and the substantial protection that it can give, helps him either to further
and expand his activities or to evolve into an entity with higher political ambitions.
As for political parties, such individuals bring into the electoral process, their ability to secure
votes through use of money and muscle power.
Large, illegal and illegitimate expenditure in elections is another root cause of corruption.
Despite all the flaws in the functioning of a democracy, it has a measure of self correction
Significant efforts have been made over the last two decades to bring about meaningful electoral
Improvement in Accuracy of Electoral Rolls:
Printed electoral rolls/CDs have been made available for sale.
Computerisation of entire electoral rolls of over 620 million voters has been initiated.
The provision of photo-identity cards
Disclosure of Antecedents of Candidates:
The Supreme Court has directed that a candidate should declare any conviction by a court or
whether a criminal case is pending against him;
Disqualification of Persons Convicted of Criminal Offence:
Enforcement of the Code of Conduct:
Code of Conduct for elections binding in all respects, issuing directions regarding timings
of campaigns, prohibition of festoons/cutouts, insistence on daily expenditure statements,
appointment of a large number of observers, ordering of re-poll in specific polling booths
and other such steps.
Free and fearless polling:
Policing arrangements have been improved
Electronic voting machines have been introduced throughout the country (in the parliamentary
elections of 2004).
Reduction in size of Council of Ministers - The Constitution (Ninety-first Amendment) Act, 2003 restricts the size of the Council of
Ministers to 15% of the strength
Issues in Political Reforms :
Despite the measures taken, improvements are marginal in the case of important problems of
criminalization, the use of money in elections, subtle forms of inducements and patronage
Reform of Political Funding :
Internationally, there are three broad patterns of state funding for political parties and elections
One is the minimalist pattern, wherein elections alone are partially subsidized
- The UK, Ireland, Australia, New Zealand and Canada
The second, maximalist pattern of state funding involves public funding not merely for
elections but even for other party activities, as in Sweden and Germany.
In between, there are a variety of mixed patterns involving partial reimbursement
France, Netherlands and South Korea.
Indrajit Gupta Committee on State Funding of Elections has recommended partial state-funding
mainly in kind.
Election and Other Related Laws (Amendment) Act -2003
Committee on Electoral Reforms (Dinesh Goswami Committee, 1990)
the Committee on State Funding of Elections (Indrajit Gupta Committee, 1999)
the Law Commission of India (170th report on Reform of Electoral Laws, 1999).
The Act contains the following key provisions :
Full tax exemption to individuals and corporates on all contributions to political parties.
Disclosure of party finances and contributions over Rs.20,000.
Indirect public funding to candidates of recognized parties including free supply of electoral
Equitable sharing of time by the recognized political parties on the cable television network
and other electronic media (public and private).
Political corruption makes a case for state funding of elections.
ARC Recommendation: A system for partial state funding should be introduced in order to
reduce the scope of illegitimate and unnecessary funding of expenditure for elections
Tightening of anti-defection law:
The 91st Amendment to the Constitution was enacted in 2003 to tighten the anti- defection
provisions of the Tenth Schedule, enacted earlier in 1985
This Amendment makes it mandatory for all those switching political sides whether singly
or in groups to resign their legislative membership
The Amendment also bars legislators from holding, post- defection, any office of profit.
This Amendment has thus made defections virtually impossible and is an important step
forward in cleansing politics.
Besides, the Election Commission has also insisted on internal elections in political parties
to elect their leaders.
ARC Recommendation: The issue of disqualification of members on grounds of defection
should be decided by the President/Governor on the advice of the Election Commission.
Coalition and Ethics :
The ethics of coalition government is, however, seriously strained when the coalition partners
change partnerships mid-stream and new coalitions
Recommendation: The Constitution should be amended to ensure that a common programme
is framed before the elections or implicitly while forming the government.
If there is realignment midstream with one or more parties outside the coalition, the coalition
has to seek a fresh mandate from the electorate.
A collegium headed by the Prime Minister with the Speaker of the Lok Sabha, the Leader of
Opposition in the Lok Sabha, the Law Minister should make recommendations for the consideration
of the President for appointment of the Chief Election Commissioner and the Election
Special Election Tribunals should be constituted at the regional level under Article 323B of the
Constitution to ensure speedy disposal of election petitions and disputes
Ethics in Public Life - The fundamental principle in a democracy is that all public functionaries are trustees of the
The trusteeship relationship between the public and the officials requires that the authority
entrusted to the officials be exercised in the best interest of the people or in `public interest'.
Committee on Standards in Public Life in the United Kingdom, popularly known as the Nolan
Committee, which outlined the following seven principles of public life (OHIOSAL)
United Nations Convention against Corruption :
State shall promote integrity, honesty and responsibility among its public officials
Ensure codes of conduct for public officials
declarations to appropriate authorities about employment, investments, assets and gifts
disciplinary or other measures against public officials who violate the codes or standards.
Code of Ethics for Ministers
The ARC prescribes for a Code of Ethics for ministers
The Code of Conduct is a starting point for ensuring good conduct by Ministers, but must be
supplemented by Code of Ethics and a Code of Conduct for Ministers should include the following:
- Ministers must;
Uphold the principle of collective responsibility;
A duty to Parliament to account, and be held to account, for the policies, decisions and
Uphold the highest ethical standards;
Ensure that no conict arises, or appears to arise, between their public duties and their
Not use government resources for party or political purposes;
Uphold the political impartiality of the Civil Service
Comply with the requirements which the two Houses of Parliament lay down from time to
Ensure that public moneys are used with utmost economy and care;
Function in such a manner as to serve as instruments of good governance
Act objectively, impartially, honestly, equitably, diligently and in a fair and just manner.
Ethics of Members of Houses - ARC Recommends :
An Office of `Ethics Commissioner' may be constituted by each House of Parliament.
All State legislatures may adopt a Code of Ethics and a Code of Conduct for their Members.
Ethics Committees may be constituted with well defined procedures for sanctions in case of
transgressions, to ensure the ethical conduct of legislators.
Registers of Members' Interests' may be maintained with the declaration of interests
Annual Reports providing details including transgressions may be placed on the Table of
the respective Houses.
Offices of Profit
The Law should be amended to define office of profit
All offices in purely advisory bodies shall not be treated as offices of profit
All offices involving executive decision making and control of public funds should be treated as
Offices of Profit
If a serving Minister, is a member or head organizations like the Planning Commission, it shall
not be treated as office of profit.
Schemes such as MPLADS and MLALADS should be abolished.
Members of Parliament and Members of State Legislatures should be declared as `Public Authorities'
under the Right to Information.
Code of Ethics for Civil Servants
Committee on Prevention of Corruption (`Santhanam Committee'-1964)
- our civil service system has a tradition of attitudes and achievements which sets examples to be
emulated by current and prospective civil servants.
promoting the norms of `right conduct' cannot be enforced through a rigid mindless enforcement
of laws and rules.
Committee on Prevention of Corruption (`Santhanam Committee'-1964)
- Draft `Public Service Bill' now under consideration of the Ministry of Personnel, Public Grievances
Allegiance to the various ideals enshrined in the preamble to the Constitution
Good governance for betterment of the people to be the primary goal of civil service
Duty to act objectively and impartially
Accountability and transparency in decision-making
Maintenance of highest ethical standards
Merit with equitable representation to be the criteria in selection of civil servants consistent
Ensuring economy and avoidance of wastage in expenditure
Provision of healthy and congenial work environment
Communication, consultation and cooperation in performance of functions.
The draft Bill also envisages a Public Service Code and a Public Service Management Code
laying down more specific duties and responsibilities.
ARC Recommends: `Public Service Values' towards which all public servants should aspire, should be defined
and made applicable to all tiers of Government
Any transgression of these values should be treated as misconduct, inviting punishment.
Conflict of interest should be comprehensively covered in the Code of Ethics and in the
Code of Conduct for officers.
Ethical Framework for the Judiciary
An independent judiciary enjoying public confidence is a basic necessity of the rule of law.
The Supreme Court on May 7, 1997 adopted a charter called the `Restatement of Values of
Justice must not merely be done but it must also be seen to be done.
A Judge should not contest the election to any office
Close association with individual members of the Bar shall be eschewed.
A Judge should not permit any member of his immediate family, if a member of the Bar,
to appear before him
A Judge shall not express his views in public on matters that are pending
A Judge is expected to let his judgments speak for themselves.
Perhaps in no other country in the world does the judiciary have a final say in its own appointments.
The current system of appointments is not open to public scrutiny and thus lacks accountability
A closely related aspect of the accountability of judges is the mechanism for removal of judges
for deviant behaviour.
Other than impeachment under Articles 124(4) and 217(1), there is no mechanism against
any inappropriate behaviour or misdemeanour of judges.
Impeachment provisions have turned out to be impracticable as it is virtually impossible to
initiate any proceedings, let alone successfully conclude them.
ARC Recommendations : A National Judicial Council should be constituted, where the appointment of members of the
judiciary should be by a collegium having representation of the executive, legislature and judiciary.
It should be authorized to lay down the Code of Conduct for judges, including the subordinate
A Judge of the Supreme Court should be designated as the Judicial Values Commissioner.
Legal Framework for Fighting Corruption.
Pre-independence period, the Indian Penal Code (IPC) was the main tool to combat corruption
in public life. The Prevention of Corruption Act, 1947 was enacted to fight the evils of bribery and corruption.
The Prevention of Corruption Act, 1988:
The term ` Public Servant' is defined in the Act. The definition is broader than what existed in
A new concept `Public duty' is introduced in the Act.
The Prevention of Corruption Act does not provide a definition of `Corruption'.
Even the United Nations Convention against Corruption does not provide a definition of corruption.
ARC Recommends - The following should be classified as offences under the Prevention of Corruption Act:
Serious Economic Offences
Gross perversion of the Constitution and democratic institutions amounting to wilful violation
of oath of office.
Abuse of authority unduly favouring or harming someone.
Obstruction of justice.
Squandering public money.
A special offence of `collusive bribery' should be added.
An offence could be classified as `collusive bribery' if the outcome or intended outcome of
the transaction leads to a loss to the state, public or public interest.
`Collusive' corruption needs to be dealt with by effective legal measures so that both the bribegiver
and the bribe-taker do not escape punishment
Prior sanction should not be necessary for prosecuting a public servant who has been trapped
red-handed or in cases of possessing assets disproportionate to the known sources of income.
The requirement of prior sanction for prosecution now applicable to serving public servants should
also apply to retired public servants for acts performed while in service.
In all cases where the GoI is empowered to grant sanction for prosecution, this power should be
delegated to an Empowered Committee comprising the Central Vigilance Commissioner and the
Departmental Secretary to Government.
The Act should be suitably amended to include private sector providers of public utility services.
NGOs, which receive substantial funding, should be covered under the Act.
The Mitra Committee Report (The Report of the Expert Committee on Legal Aspects of Bank
Frauds 2001) - submitted to the Reserve Bank of India pointed out that criminal jurisprudence in India based
on proof beyond doubt was too weak an instrument to control bank frauds. The Committee recommended a two-pronged strategy for systemic reforms
through strict implementation
of Regulator's Guidelines and obtaining compliance certificates
Second, a punitive approach by defining scams as a serious offence with the burden of proof
shifting to the accused and with a separate investigative authority for serious frauds, and special
courts and prosecutors for trying such cases was recommended.
The Committee suggested the creation of a Statutory Fraud Committee under the Reserve Bank
ARC Recommends - A new law on `Serious Economic Offences' should be enacted.
A Serious Economic Offence may be defined as :
One which involves a sum exceeding Rs 10 crores; or
is likely to give rise to widespread public concern; or
its investigation and prosecution are likely to require highly specialized knowledge of the
financial market or of the behaviour of banks or other financial institutions; or
it involves significant international dimensions, etc.
Article 311 - Arguments in favour of retaining Article 311
Those in favour of retaining Article 311 argue that the Article subjects the doctrine of pleasure
contained in the preceding Article 310 to certain safeguards.
It is further argued that the safeguards under Article 311 are focused and that the framers of
the Constitution were mindful of the rare eventualities in which even such minimal safeguards
would not be necessary.
Even if Article 311 were to be repealed, it is argued, the need for giving an opportunity to be
heard cannot be dispensed with.
judicial review is an integral part of our Constitution and a substantial portion of the appellate
work of the Supreme Court concerns Article 311.
It is argued that it is the rules governing disciplinary enquiries, and not Article 311 itself, that
are responsible for the delays.
Arguments in favour of repealing Article 311
Indeed, it is not as if in all cases involving Article 311 the Supreme Court has taken a `pro
There are cases where the apex court has struck down the actions of the disciplinary authority
or the Government.
The Indian Constitution, and Part XIV thereof, was drafted at a time when, in the aftermath of
partition, and post-colonial administrative upheavals, it was felt necessary to prescribe certain
guarantees to the bureaucracy. In the present scenario, that protection does not appear quite
reasonable opportunity is provided to a government official against what might be arbitrary or
vindictive action. But this should be only reasonable, not excessive, and
The Hota Committe - Recommended that Article 311 of the Constitution be amended
Facilitate summary removal from service of a corrupt officer;
Inspire confidence in the minds of the common people that corrupt practice by members of
the civil service / persons holding civil posts will not be tolerated;
Ensure justice to the official so removed in a post-decisional hearing.
The ARC believes that the rights of a civil servant under the Constitution should be subordinate
to the overall reqirement of public interest and the contractual right of the State.
The public servant, an agent of the State, cannot be superior to the State and it is his fundamental
duty to serve the State with integrity, devotion, honesty, impartiality, objectivity, transparency
No government can be expected to dispense with the services of a government servant in an
arbitrary manner or without a proper enquiry.
ARC Recommendations: Article 311 of the Constitution should be repealed. Simultaneously, Article 310 should also be repealed.
CVC - The CVC has emerged as the nodal, statutory authority to over-see vigilance administration
Each Ministry/Department or other organization in the Union Government now has an internal
vigilance set-up under a whole-time or part-time Chief Vigilance Officer (CVO)
With the formation of Central Administrative Tribunals (CATs) in the 1980s most of the judicial
proceedings of departmental inquiries are handled here.
Two issues with the CVC
There is no congruence between the time taken in completion of various stages and the
schedule prescribed for their completion by the CVC;
While it would be unrealistic in such cases to expect `immediate report of the offence', the
discovery of the commission of a `misconduct' is shockingly delayed.
Institutional Framework for preventing corruption - The working of many of these anti-corruption bodies leaves much to be desired.
Union Government - Administrative Vigilance Division of the Department of Personnel & Training is the nodal agency
for dealing with Vigilance and Anti-corruption.
Central Vigilance Commission - It was accorded statutory status, consequent upon the judgement of the Hon'ble Supreme
Court in Vineet Narain v. Union of India. The CVC advises the Union Government on all matters pertaining to the maintenance of
integrity in administration.
Vigilance Units in the Government of India - All Ministries/Departments in the Union Government have a Chief Vigilance Officer (CVO)
who heads the Vigilance Division of the organization concerned
The Central Bureau of Investigation - The Central Bureau of Investigation (CBI) is the principal investigative agency of the Union
Government in anti-corruption matters. It derives its powers from the Delhi Special Police
Establishment Act, 1946 (DSPE Act) (i) Anti-corruption Division, (ii) Economic Offences Wing, and (iii) Special Crimes Division
The Lok Pal - The first Administrative Reforms Commission had recommended the establishment of the institution
of Lok Pal.
The institution of Ombudsman has emerged `as a bulwark of democratic government against the
tyranny of officialdom'
The Commission is of the view that the Lok Pal Bill should become law with the least possible
There should be an organic link between the Lok Pal and the Central Vigilance Commissioner.
The reason for this is that an overarching approach to fighting corruption in high places is
The linkage between the CVC and the Lok Pal would enable sharing of information and
prompt action against all persons involved.
The Central Vigilance Commission should enjoy full functional autonomy, but should work
under the overall guidance and superintendence of the Lok Pal.
One issue which has been debated for long is whether the office of Prime Minister should be
brought under the jurisdiction of the Lok Pal.
It is the function of the Prime Minister to lead and to coordinate among the Ministers in
framing of policies, decision making and execution of those policies and decisions.
The Prime Minister's unchallenged authority and leadership are needed to make our Constitutional
scheme function in letter and spirit.
The Prime Minister is accountable to the Parliament, and on his survival, depends the
survival of the government.
If the Prime Minister's conduct is open to formal scrutiny by extra-Parliamentary authorities,
then the government's viability is eroded and Parliament's supremacy is in jeopardy.
A Prime Minister facing formal enquiry by a Lok Pal would cripple the government.
If the Prime Minister is indeed guilty of serious indiscretions, Parliament should be the
judge of the matter, and the Lok Sabha should remove the Prime Minister from office.
The same principles also hold good for Chief Ministers, they should be kept out of state Lok
ARC Recommendations: The Constitution should be amended to provide for a national Ombudsman to be called the
The jurisdiction of Rashtriya Lokayukta should extend to all Ministers (Except PM), Chief
Ministers, MPs, officials with miniserial status.
it is essential for the Lok Pal to establish mechanisms for effective interaction with the public in
general and the private sector and the civil society in particular.
The Prime Minister should be kept out of the jurisdiction
The Rashtriya Lokayukta should consist of a serving or retired Judge of the SC as the Chairperson,
an eminent jurist and the CVC as the ex-offcio Member.
The Rashtriya Lokayukta should also undertake a campaign for raising the standards of ethics
in public life.
Though Maharashtra was the first State to establish this institution as early as in 1972, its public
credibility was lost when the incumbent continued to function for several months after he was
asked to step down. Orissa instituted and then abolished the institution.
The Lokayukta is generally a retired Judge of the HC or the SC and normally for a five-years on
the basis of a joint decision involving the CM, the Chief Justice, the Speaker of the House and
leader of the Opposition
In many states the Lokayukta does not have an independent investigating authority at its disposal
and is therefore dependent on Government agencies to carry forward its investigations.
The Maharashtra and Orissa Lokayuktas assume more the character of a grievance redressal
organization rather than an Ombudsman for cases of corruption.
no uniformity in the provisions of the enactments, with fundamental differences regarding their
The entire structure of the anti-corruption machinery in the States needs reconsideration.
The Karnataka Lokayukta which has been a very active institution, is headed by a retired Judge
of the SC and has a wide juridisction.
Anti Corruption Bureau of the State is a part of it.
- The Constitution should be amended to incorporate a provision making it obligatory on the part
The jurisdiction of the Lokayukta would extend to only cases involving corruption. They should
not look into general public grievances.
The Anti Corruption Bureaus should be brought under the control of the State Vigilance Commission.
The Lokayukta should have its own machinery for investigation.
Ombudsman at the Local Level
The Commission is of the view that a system of Local Bodies Ombudsman may be established
The Local Bodies Ombudsman should have powers to enquire into allegations of corruption
against public functionaries in local bodies.
Such Ombudsman may be constituted for a group of districts.
The overall superintendence over the Local Bodies Ombudsman's should vest in the Lokayukta
of the state
The Government of Kerala has appointed Ombudsman under the Kerala Panchayati Raj (Amendment)
The Commission is of the view that the Ombudsman should be appointed under the respective
Panchayat Raj/Urban Local Bodies Acts in all States/UTs.
Strengthening Investigation and Prosecution
The investigative agencies should acquire multi-disciplinary skills and should be thoroughly conversant
with the working of various offices/ departments
Modern techniques of investigation should abe used like electronic surveilance, recordings of
surprise inspections, traps, searches and seizures.
A reasonable time limit for investigation of different types of cases should be fixed
There should be sustained step-up in the number of cases detected and investigated.
The anti-corruption agencies should conduct systematic surveys of department
The economic offences unit of states need to be strengthened to effectively investigate cases
Citizens' Initiatives :
The Independent Commission Against Corruption (ICAC) of Hong Kong has produced exemplary
results over the last quarter century by strengthening the ability of civil society to question
In India, there have been many outstanding cases of civil society engagement.
Public Interest Litigation by Common Cause Delhi
Report Card Survey of Public Affairs Centre, Bangalore;
Jan Sunwai by Mazdoor Kisan Shakti Sangathan, Rajasthan and Parivartan, Delhi;
National Campaign for People's Right to Information/Parivartan, New Delhi on Right to
Example:The Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan, a well-known NGO,
started uncovering corruption in local public works by gaining access to employment rolls,
vouchers, beneficiary lists, and completion and utilisation certificates and then, handing
them over to the concerned villagers for scrutiny in public hearings called Jan Sunwai.
Ways to Improve Citizen initiatives
inviting civil societies to oversee government programmes;
establishing and disseminating service standards;
establishing credible complaints mechanisms;
assessing public confidence in anti-corruption institutions, judiciary and law enforcement
and in desigining programmes to improve trust levels;
enforcing access to information;
using public hearings to audit government activities
ARC Recommendations :
Citizens' Charters should be made effective by stipulating the service levels and also the remedy
if these service levels are not met.
Citizens may be involved in the assessment and maintenance of ethics in important government
institutions and offces.
Reward schemes should be introduced to incentivise citizens' initiatives.
School awareness programmes should be introduced
Role of Media and Social Audit
Under pressure of competition, the media does not verify allegations and information before
putting them in the public domain.
The Press Council of India has prescribed a Code of Conduct for the print media.
However, no such code exists for the electronic media.
It is necessary to evolve norms and practices requiring proper screening of all allegations/complaints
by the media,
The electronic media should evolve a Code of Conduct
Government agencies can help the media in the fight against corruption by disclosing details
about corruption cases regularly.
Operational guidelines of all schemes and citizen centric programmes should provide for a
social audit mechanism.
Monopoly + Discretion - Accountability = Corruption
the gradual de-monopolisation of the non-essential service sectors
the growing role of private players in providing direct marketing services to farmers like in
Clearly, ending government's monopoly in a large number of service sectors and allowing others
to compete can play a major role in reducing corruption.
To a large extent, therefore, dismantling monopolies and introducing competition go together.
One of the maladies of administration in India is the multiplicity of layers in every decision
Apart from delays, this contributes to corruption.
Whenever abuse of authority is noticed, another layer of administration is added
There is need to bring simplification of methods to the center-stage of administrative reforms
The existing Departmental Manuals and Codes should be thoroughly reviewed and simplified
A system of rewards and incentives for simplification and streamlining of procedures
Using Information Technology
The relationship of the government, citizens and businesses, and also organs can be transformed
The Gyandoot project in Madhya Pradesh is one such example.
It seeks to provide information about prevailing agricultural produce prices
Each Ministry/Department/Organisation of government should draw up a plan for use of IT to
The term refers to an agreement between the public agency involved in procuring goods and
services and the bidder for a public contract to the effect that the bidders have not paid and
shall not pay any illegal gratification to secure the contract in question.
ONGC is the first PSU to have signed a MoU with Transparency International India and the
CVC on April 17, 2006.
All government ofices having public interface should undertake a review of their activities and
list out those which involve use of discretion.
Decision-making on important matters should be assigned to a committee rather than individuals
Care has to be exercised, however, that this practice is not resorted to when prompt decisions
The supervisory role of officers needs to be re-emphasised.
In the Annual Performance Report (APR) of each officer, there should indicate the measures he
took to control corruption
Supervisory officers who give `clean certificates' to subordinate corrupt officers in their APR
should explain their position if officer reported upon is charged under PCA.
Ensuring Accessibility and Responsiveness
Service providers should converge their activities so that all services are delivered at a common
Such common service points could also be outsourced to an agency.
Tasks, which are prone to corruption, should be split up into different activities that can be
entrusted to different persons.
Public interaction should be limited to designated officers.
A `single window front office' for provision of information and services to the citizens.
All offices having large public interface should have an online complaint tracking system.
There should be an external, periodic mechanism of `audit' of complaints
Complainsts should be used to analyse the deficiencies so that remedial measures are taken.
Risk Management for Preventive Vigilance
It may be possible to classify various positions in government as `high risk of corruption', `medium
risk of corruption' and ` low risk of corruption'.
individual government servants vary in their level of integrity, ranging from those who indulge in
outright extortion to those who are absolutely upright.
Risk profiling of jobs needs to be done in a more systematic and institutionlised manner
Risk profiling of officers should be done by a committee of `eminent persons' after the officer has
completed ten years of service
It should be prescribed that as soon as any major irregularity is detected or suspected by the
audit team, it should be immediately taken note of by government.
Audit teams should be imparted training in forensic audit.
Proactive Vigilance on Corruption
List of Officers of Doubtful Integrity:
Agreed List of Suspect Officers:
List of Undesirable Contactmen:
Annual Property Returns: This is another tool to identify suspected corrupt
Annual Property Returns: This is another tool to identify suspected corrupt
Vigilance Clearance - Protecting the Honest Civil Servant
There are genuine apprehensions about the system's ability to protect an honest public servant.
`single point directive'
Prior permission of the Union Government for initiating investigation against an officer of
the rank of a Joint Secretary and above in the Government of India and its equivalent in
the Central Public Undertakings
Both the `single point directive' and the prior sanction for prosecution have led to obstruction
of the statutory right of the investigating agency and an unnecessary interference.
Every allegation of corruption received through complaints or from sources cultivated by the
investigating agency against a public servant must be examined in depth at the initial stage itself
before initiating any enquiry.
In matters relating to allegations of corruption, open enquiries should not be taken up straightaway
on the basis of complaints/source information
The evaluation of the results of verification/enquiries should be done in a competent and just
The United Nations Declaration against corruption and bribery in international commercial
transactions adopted by the General Assembly in December 1996
The Declaration calls for enactment and enforcement of laws prohibiting bribery in international
transactions, laws criminalizing the bribery of foreign public officials
The United Nations Convention against Corruption, 2003 - The Convention binds the signatories to render specific forms of mutual legal assistance in
gathering and transferring evidence for use in court to extradite offenders and to undertake
measures to support tracing, freezing, seizure and confiscation of proceeds of corruption.
Asset recovery is a fundamental principle of the Convention
The ADB OECD Anti Corruption Action Plan for Asia Pacific which has been signed by the
Government of India is not a binding agreement but a broad understanding to further the cause
of inter-regional cooperation
Relationship between Political and Permanent Executive
The Constitution separates the executive into two parts.
In terms of Articles 53 and 154, the executive power of the Union and the States vests in
the President or Governor directly or through officers subordinate to him.
These officers constitute the permanent civil service and are governed by Part XIV of
Though officers are subordinate to the President or Governor, they carry out the orders of the
Council of Ministers in accordance with the rules framed in this behalf.
The relationship between the Secretary and the Minister is organic.
The Minister has the mandate of the people to govern, but the Secretary has an equivalent
constitutional mandate to advise the Minister.
Once his advice has been suitably considered, unless the Minister passes an illegal order,
the Secretary is bound to implement it.
The Minister, on his part, is required to support the Secretary who is implementing his
A civil servant is required to implement the orders of government without bias, with honesty and
without fear or favour.
It is precisely in this area that a degree of a difference of opinion begins to emerge between
the political executive and the civil servants.
This happens because there is no system of specifying of accountability, thus the relationship
between the executives are only issue- sensitive.
The relationship in an output-outcome framework.
Outputs or key results are specific services that the civil servants produce and deliver, and
therefore, the civil servants should be held to account for the delivery of key results, which
becomes the basis for evaluation of their performance.
Outcome is the success in achieving social goals and the political executive decides what
outputs should be included so that the desired outcomes or social goals can be achieved.
The political executive is judged on the basis of whether it has chosen the right outputs to
achieve social goals.
Another area which has tension in the relationship is the arbitrary transfer and posting of civil
servants at the behest of Ministers and other political leaders
Fifth Pay Commission made several recommendations about evolving detailed, clear, and
transparent transfer policies.
The Commission recommended that detailed guidelines should be formulated and publicised
by each department
In order to ensure administrative continuity and stability to incumbents, frequent transfers
should be discouraged, and a minimum tenure for each posting of officers should be
Any premature transfer before the completion of the prescribed tenure should be based on
sound administrative grounds
The instrument of transfer should not be allowed to be misused either by bureaucrats
themselves or by politicians in power.