3. INTRODUCTION
(citizen & administration)
Modern democratic states are
characterized by welfare orientation
hence the govt. has come to play an
important role in the socio economic
development of the nation. This
resulted in the expansion of
bureaucracy and multiplication of
administrative processes.
4.
5. Anti-corruption
The existing legal and institutional frame work to check corruption
and redress citizen grievances in India consist of following:
Indian Penal code, 1860
Special police establishment, 1941
Prevention of corruption act, 1947
All India services (conduct) rules, 1954
Railway services (conduct) rules, 1956
Central bureau of investigation, 1963
Central vigilance commission, 1964
Lokayukta (ombudsman) in states
Parliament and its committee
6. Central bureau of investigation
(CBI)
CBI was set up in 1963 by a resolution of
ministry of home affairs.
CBI is headed by a director. It has a no. of
joint directors, deputy inspector
general(DIG), superintendents of police and
all other usual ranks of police personnel.
CBI is the main agency of central govt.
7. Functions of CBI
Investigating cases of corruption and bribery
Investigating cases relating to infringement of fiscal and
economic laws
Investigating serious crimes committed by organized gangs of
professional criminals
Coordinating the activities of anti corruption agencies
Maintaining crime statics and disseminating criminal
information
8. Santhanam Committee
Report
The committee on prevention of corruption consisting of the parliamentarian
K.Santhanam as the chairman, 4 other MP’s and 2 senior officers was appointed by
the Govt. of India in 1962.The Santhanam committee submitted its report in
1964.The govt. accepted 106 out of 137 recommendations made by the committee
Its major recommendations are as follows:
Amendment of the Defense of India bill, 1962
Independent vigilance commission should be set up.(established in 1964)
Establishment of vigilance machinery in PSU
The political parties should maintain and publish the accounts of fund and donations
collected from private sector.
The vigilance organizations in the ministries/department should be strengthened.
9. Central vigilance commission
The CVC is the main agency for preventing corruption in the central govt. established in
1864 by executive resolution. The CVC is multi-member body consisting of a CV
commissioner chair person. The salary allowance and other conditions of the service of
the CVC are similar to those of chairman of UPSC but they cannot be varied to his
advantage after his appointment.
The functions are as follows:
To inquire or cause an inquiry or investigations to be conducted into any complaint
against any official belonging to officials wherein it is alleged that he has committed
an offence under the prevention of corruption act 1988.
To give direction to Delhi special police establishment for the purpose of discharging
the responsibilities interested to it under the DSPE act 1946.
To tender advice to the central govt. and its authorities on such matters are as
referred to it by them.
To exercise superintendence over the vigilance administration in the ministries of the
central government or its authorities.
10. Lokpal
The ARC headed by Morarji Desai submitted a special intern report on “ problems of
redressal of citizens grievance's” in 1966. in this report the ARC recommended the setting
of two special designated as ‘lokpal’ and ‘lokayukta’ for the redressal of citizen’s
grievances.
The ARC also recommended that the institution's of lokpal and lokayukta should have the
following features:
i. They should be demonstrably independent and impartial.
ii. Their appointment should be as far as possible, non political.
iii. Their status should compare with the highest judicial functionaries in the country.
iv. They should not look forward to any benefits or pecuniary advantage from the
executive govt.
11. Lokayukta
Lokayukta was 1st established in Maharashtra in 1971.
Various aspects of institutions of lokaykta re explained below structure below:
Structural variations : structure of the lokayukta is not same in all the states.
Appointment : The lokayukta and Uplokyukta are appointed by the Governor of
state.
Qualifications : judicial qualifications are prescribed for the lokaykta in the
state of UP, HP, AP, Gujarat, Orissa and Assam.
Tenure : term of office fixed for 5 years duration of 65 years of age.
OTHER FEATURES :
He takes the help of state investigating agencies for conducting inquires.
He can call for relevant files and documents from the state govt. department.
The recommendations made by the lokayukta are only advisory and not binding
on the state govt.