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Corruption in India

and Lokpal Bill

Corruption?

Dishonest /fraudulent/illegal conduct by those

in power, typically involving bribery.

The action of making someone or something

morally depraved or the state of being so.

Need not be necessarily monetary

Black Money

Money not accounted/reported and hence

due tax not paid.

Mostly cash transaction and without (or with

kaccha) receipts.

Can it happen through cheque/bank

transfers??

Root causes

Greed

Social Structure

Financial Inequality in Sectors

Lack of Political Will

Lack of autonomy for investigating mechanism

Slow legal process

Red tape and Bureaucracy

Swiss Bank Accounts

Neutrality and Sovereignty:

Neutral during both WW

Not a member of EU

Not a member of UNO until 2002

Banking Privacy

Banking law 1934

Right to privacy Fundamental Principle

Major corruption cases in India

1987: Bofors Scandal

1991-92- Palmolein Import Scam Kerala

1992- Harshad Mehta: Securities Scam :

1996: Bihar Fodder Scam and Sukhram

Telecom Equipment scam

1997: Hawala Scandal

Recognise them

Major corruption cases in India

2000-2010 1999-2000:Ketan Parekh Securities Scam

2000: Kargil Coffin Scam:

2002-03: Taj Corridor scam:

2005-2006: Stamp Paper Scam:

2008-09:

Cash for vote scandal

Hasan Ali Black Money

Satyam Scam

Madhu Koda Mining Scam

Recognise them

2010-11

2G spectrum scam and Radia tapes controversy

Adarsh Housing Society scam

Commonwealth Games scam

LIC housing loan scam

Belekeri port scam

Uttar Pradesh food grain scam

Andhra Pradesh Industrial Infrastructure

Corporation controversy

Indian Premier League scandal

Bellary Mine Scam

ISRO Spectrum allocation Scam

Total in last 12 years

And thats only the tip of the

iceberg because

As per white paper on black money 2012,

Indian Deposits is INR 92.95 billion. Media

reports is 700 times.

On 27th October 2014, 3 names were

revealed. On 29th October 2014, 627 names

were submitted in SC in a sealed envelope.

DTA Is it really an impediment?

Lokpal Bill

Term coined by L.M. Singhvi in 1963

The bill was inspired by the Hong Kong Independent

Commission Against Corruption (ICAC).

Proposes to create an independent ombudsman body

The body will be empowered to register and

investigate corruption cases against politicians and

bureaucrats without sanction from Government.

History

The Lokpal bill was first introduced by Shanti

Bhusan in 1968

The Subsequent versions were re-introduced in

1971, 1977, 1985, 1989, 1996, 1998, 2001,

2005 and in 2008, but none of them passed.

Anna Hazare

Padma Bhushan and Padmashree for social

development in Ralegan Siddhi.

Involved in 1991 Bhrashtachar Virodhi Jan

Aandolan (BVJA) and 2000-2005 RTI

movement.

Main face of 2011 Anti Corruption and Jan

Lokpal Movement

Lokpal and Lokayukta Bill 2011

Passed after 45 years of push pull in Dec 2013 Amendments were agreed upon by most of the opposition parties.

Anna Hazare and team happy, Arvind Kejriwal and team not.

Political parties other than SP/Shive Sena/ AAP united in passing the bill.

Some Key Highlights

Lokayuktas

States to set up Lokayuktas by law within 365 days.

States have the freedom to determine the nature and type of

Lokayukta

Penalty

Imprisonment up to one year and a fine up to Rs. 1 lakh for

false and frivolous complaints

Public servants can face imprisonment up to 7 years

Criminal misconduct and habitually abetting corruption can

attract jail terms up to 10 years

Some Key Highlights Jurisdiction

Included: The PM, ministers, current and former legislators, govt

employees, employees of firms funded or controlled by Centre

Societies and trusts that collect public money, receive funds from

foreign sources, and have income level above a certain threshold

Excluded: Bodies creating endowments for or performing

religious or charitable functions

Investigation

Inquiry to be completed within 60 days and investigation to be

completed within 6 months

Lokpal shall order a probe only after hearing the public servant

Inquiry against PM has to be held in-camera and approved by

two-thirds of full bench of Lokpal

Some Key Highlights CBI

Lokpal can superintend the CBI in relation to the cases

referred by it to the probe agency

CBI officers investigating cases referred by Lokpal can be

transferred without its approval

Prosecution

Lokpal can initiate prosecution through its Prosecution Wing

before the Special Court. Trial to be completed within two

years

Funding

All expenses to be charged to the Consolidated Fund of India

(Funds available to the Lokpal will not be dependent on the

annual budget voted by Lok Sabha)