Paper 5(3), lesson 7 Anti-corruption

machinery

Syllabus: Utilization of public funds, challenges of corruption, Citizens Charters, Quality of service
delivery
Questions
1. What does Lokpal mean?
2. Why are Lokpal bills introduced many times but never passed?
3. When was the last Lokpal bill introduced? What is the present status of that bill?
4. How is an Lokpal di!erent from Lokpal bill recently introduced alon" the dimensions "iven
below?
#$ in o%ce& 'ud"es& o%cials below (roup )
)utonomy of *+,
,nclusion of citi-ens charters& protection of whistle blowers
#owers of Lokayukta
.. When and where was /rst Lokayukta set up?
0. How a!ective are Lokayuktas in preventin" corruption at the state level?
1. What is meant by citi-ens charter? How is it supposed to make administration accountable? ,s
the bill passed?
2. What do you know about the proposed le"islation on protection of whistle blowers? ,s the bill
passed?
3. How can principles of federalism block a!ective le"islation to check corruption? )ny way out?
14. When was *+, set up?
11. How is 'udiciary involved in the workin" of *+,?
12. 5hould *+, have autonomy? ,s that an important issue?
13. When was *6* created? Why did it fail to emer"e as powerful body a"ainst corruption?
Lokpal
A Lokpal is a proposed ombudsman (Legal Representative) in India. The word is derived from the Sanskrit word "lok" (people)
and "pala" (protetor!aretaker)" or "aretaker of people."
The word #lokpal# was oined b$ %r L.&.Singhvi in '()*. The onept of a onstitutional ombudsman was first proposed in
parliament b$ Law &inister Ashoke +umar Sen in the earl$ '(),s. The first -an Lokpal .ill was proposed b$ Shanti .hushan in
'()/ and passed in the 0th Lok Sabha in '()(" but did not pass through the Ra1$a Sabha. Subse2uentl$" #lokpal bills# were
introdued in '(3'" '(33" '(/4" again b$ Ashoke +umar Sen" while serving as Law &inister in the Ra1iv 5andhi abinet" and
again in '(/(" '(()" '((/" 6,,'" 6,,4 and in 6,,/" $et the$ were never passed.
7'8
9ift$ two $ears after its first introdution" the
Lokpal .ill is still not enated in India.
The Lokpal .ill provides for the filing" with the ombudsman" of omplaints of orruption against the prime minister"
other ministers" and &:s. The Administrative Reforms ;ommission (AR;) reommended the enating of the <ffie of a Lokpal"
onvined that suh an institution was 1ustified" not onl$ for removing the sense of in1ustie from the minds of iti=ens" but also
to instill publi onfidene in the effiien$ of the administrative mahiner$.
9ollowing this" the Lokpal .ill was" for the first time" presented during the fourth Lok Sabha in '()/" and was passed there in
'()(. >owever" while it was pending in theRa1$a Sabha" the Lok Sabha was dissolved" and thus the bill was not passed.
The bill was revived several times in subse2uent $ears" inluding in 6,''. ?ah time" after the bill was introdued to the >ouse"
it was referred to a ommittee for improvements" to a 1oint ommittee of parliament" or to a departmental standing ommittee of
the >ome &inistr$. .efore the government ould take a final stand on the issue" the house was dissolved again. Several
onspiuous flaws were found in the 6,,/ draft of the Lokpal .ill. The basi idea of a lokpal is borrowed from the <ffie of the
<mbudsman" whih has the Administrative Reforms ;ommittee of a lokpal at the ;entre" and loka$ukta(s) in the states.

1
Paper 5(3), lesson 7 Anti-corruption
machinery

Anna >a=are fought to get this bill passed" and it did pass on %e 63" 6,''" around (@*," with some modifiations. These were
proposed as the -an Lokpal .ill. >owever" >a=are and his team" as well as other politial parties" laimed that the Lokpal .ill
passed was weak" and would not serve its intended purpose. So the proposed bill b$ the ruling ;ongress :art$ has $et to be
aepted in the Ra1$a Sabha. As of %e 6(" 6,''" the bill has been deferred to the neAt parliamentar$ session" amid muh
ontrovers$ and disruption b$ the L-:" R-% and S: parties. The media at large" and the opposition parties" laimed the situation
had been staged.
768

10 differences between Jan Lokpal Bill and Govt Bill
By: MR Madhavan, PRS Legislative Research
The streets are witnessing a demand that the government's Lok Pal Bill be replaced by the Jan Lok Pal Bill (JLP) as
drafted by the team led by Anna a!are" There are several significant differences between the two bills" #n this note$
we describe the some of these differences"
%irst$ there is a divergence on the &'risdiction of the Lok Pal" Both bills incl'de ministers$ (Ps for any action o'tside
Parliament$ and )ro'p A officers (and e*'ivalent) of the government" The government Bill incl'des the Prime
(inister after he demits office whereas the JLP incl'des a sitting Prime (inister" The JLP incl'des any act of an (P
in respect of a speech or vote in Parliament (which is now protected by Article +,- of the .onstit'tion)" The JLP
incl'des &'dges/ the government Bill e0cl'des them" The JLP incl'des all government officials$ while the government
Bill does not incl'de &'nior (below )ro'p A) officials" The government Bill also incl'des officers of 1)2s who receive
government f'nds or any f'nds from the p'blic/ JLP does not cover 1)2s"
3econd$ the two Bills differ on the composition" The government Bill has a chairperson and 'p to 4 members/ at least
half the members m'st have a &'dicial backgro'nd" The JLP has a chairperson and +, members$ of which 5 have a
&'dicial backgro'nd"
Third$ the process of selecting the Lok Pal members is different" The JLP has a two stage process" A search
committee will shortlist potential candidates" The search committee will have +, members/ five of these wo'ld have
retired as .hief J'stice of #ndia$ .hief 6lection .ommissioner or .omptroller and A'ditor )eneral/ they will select the
other five from civil society" The Lok Pal chairperson and members will be selected from this shortlist by a selection
committee" The selection committee consists of the Prime (inister$ the Leader of 2pposition in Lok 3abha$ two
3'preme .o'rt &'dges$ two high co'rt chief &'stices$ the .hief 6lection .ommissioner$ the .omptroller and A'ditor
)eneral and all previo's Lok Pal chairpersons"
The government Bill has a simpler process" The selection will be made by a committee consisting of the Prime
(inister$ the leaders of 2pposition in both o'ses of Parliament$ a 3'preme .o'rt &'dge$ a high co'rt chief &'stice$
an eminent &'rist and an eminent person in p'blic life" The selection committee may$ at its discretion$ appoint a
search committee to shortlist candidates"
%o'rth$ there are some differences in the *'alifications of a member of the Lok Pal" The JLP re*'ires a &'dicial
member to have held &'dicial office for +, years or been a high co'rt or 3'preme .o'rt advocate for +- years" The
government Bill re*'ires the &'dicial member to be a 3'preme .o'rt &'dge or a high co'rt chief &'stice" %or other
members$ the government Bill re*'ires at least 7- years e0perience in anti8corr'ption policy$ p'blic administration$
vigilance or finance" The JLP has a lower age limit of 5- years$ and dis*'alifies anyone who has been in government
service in the previo's two years"
%ifth$ the process for removal of Lok Pal members is different" The government Bill permits the president to make a
reference to the 3'preme .o'rt for an in*'iry$ followed by removal if the member is fo'nd to be biased or corr'pt"
The reference may be made by the president (a) on his own$ (a) on a petition signed by +,, (Ps or (c) on a petition
by a citi!en if the President is then satisfied that it sho'ld be referred" The President may also remove any member
for insolvency$ infirmity of mind or body$ or engaging in paid employment"
The JLP has a different process" The process starts with a complaint by any person to the 3'preme .o'rt" #f the
co'rt finds misbehavio'r$ infirmity of mind or body$ insolvency or paid employment$ it may recommend his removal to

2
Paper 5(3), lesson 7 Anti-corruption
machinery

the President"
3i0th$ the offences covered by the bills vary" The government Bill deals only with offences 'nder the Prevention of
.orr'ption Act" The JLP$ in addition$ incl'des offences by p'blic servants 'nder the #ndian Penal .ode$ victimi!ation
of whistleblowers and repeated violation of citi!en's charter"
3eventh$ the government Bill provides for an investigation wing 'nder the Lok Pal" The JLP states that the .B# will be
'nder the Lok Pal while investigating corr'ption cases"
6ighth$ the government Bill provides for a prosec'tion wing of the Lok Pal" #n the JLP$ the .B#'s prosec'tion wing will
cond'ct this f'nction"
1inth$ the process for prosec'tion is different" #n the government Bill$ the Lok Pal may initiate prosec'tion in a special
co'rt" A copy of the report is to be sent to the competent a'thority" 1o prior sanction is re*'ired" #n the JLP$
prosec'tion of the Prime (inister$ ministers$ (Ps and &'dges of 3'preme .o'rt and high co'rts may be initiated only
with the permission of a 98&'dge bench of the Lok Pal"
Tenth$ the JLP deals with grievance redressal of citi!ens$ in addition to the process for prosec'ting corr'ption cases"
#t re*'ires every p'blic a'thority to p'blish citi!en's charters listing its commitments to citi!ens" The government Bill
does not deal with grievance redressal"
)iven the widespread media coverage and p'blic disc'ssions$ it is important that citi!ens 'nderstand the differences
and n'ances" This may be a good opport'nity to enact a law which incl'des the better provisions of each of these
two bills"
Lokayukta
The Lokayukta (also Lok Ayukta) is an antiBorruption ombudsman organi=ation in the Indian states.
7'8768
The Administrative Reforms Commission (AR;) headed b$ &orar1i %esai submitted a speial interim report on ":roblems of
Redressal of ;iti=en#s 5rievanes# in '()). In this report" the AR; reommended the setting up of two speial authorities
designated as #Lokpal# and #Loka$ukta# for the redressal of iti=ens# grievanes.
The LokA$ukta" along with the Inome TaA %epartment and the Anti ;orruption .ureau" mainl$ helps people bring orruption
amongst the politiians and offiers in the government servie to publi attention.
7*8
&an$ ats of the LokA$ukta have not
resulted in riminal or other onse2uenes for those harged.
&aharashtra was the first state to introdue the institution of Loka$ukta through The Maharashtra Lokayukta and Upa-
Lokayuktas Act in 1971.
7487)8
This was followed b$ similar ats being enated b$ states of Ra1asthan" .ihar" Cttar
:radesh" +arnataka" &adh$a :radesh" Andhra :radesh" 5u1arat and %elhi.
7)8
&aharashtra Loka$ukta is onsidered as weak due to lak of powers" ade2uate staff" funds and no independent investigating
agen$.
738
+arnataka Loka$ukta is onsidered as the most powerful Loka$ukta in the ountr$.
7)8
Constitutional Amendment or !"ecti#eness
An amendment to the ;onstitution has been proposed to implement the Loka$ukta uniforml$ aross Indian States. The proposed
hanges will make the institution of Loka$ukta uniform aross the ountr$ as a threeBmember bod$" headed b$ a retired Supreme

3
Paper 5(3), lesson 7 Anti-corruption
machinery

;ourt 1udge or high ourt hief 1ustie and omprising the state vigilane ommissioner and a 1urist or an eminent administrator
as other members.
7/8
There are no Loka$uktas in Arunahal :radesh" -ammu and +ashmir" &anipur" &eghala$a" &i=oram" Dagaland" Sikkim" Tamil
Dadu" Tripura and Eest .engal. The latest Loka$ukta was established in 5oa.
7(8
$eorms
In Dovember 6,'6" after onlusion of the ''th All India Lokayukta Conference" as man$ as ') Loka$uktas sent man$
reommendations to the 5ovt of India. The reommendations were@
$ake Lokayukta the nodal a"ency for receivin" all corruption complaints.
)ccord Lokayukta 'urisdiction over 5tate7level probe a"encies.
+rin" bureaucrats under the ambit of the Lokayuktas
)ccord powers of search and sei-ure and powers to initiate contempt proceedin"s.
#rovide Lokayukta administrative and /nancial autonomy
+rin" 8on7(overnmental 9r"anisations :8(9; funded by the "overnment under Lokayukta<s
'urisdiction.
=11>
Central %ureau o &n#esti'ation
Is the premier investigating polie agen$ in India" and is an elite fore whih pla$s a ma1or role in the preservation of values in
publi life and ensuring the health ofnational eonom$. It is a governmental agen$ under 5overnment of India. The servies of
its investigating offiers are irrefutabl$ sought for b$ all ma1or riminal probes in the ountr$. The ;.I is the offiial Interpolunit
for India.
The agen$ was established in '(0' as the Special Police sta!lish"ent" and was tasked with simple domesti seurit$
outlining. The ;entral .ureau of Investigation was later established on ' April '()*. Itsmotto is "Industr$" Impartialit$"
Integrit$".
The agen$ head2uarters is a stateBofBtheBart building loated in the apital" Dew %elhi. The agen$ has other field offies
loated in ma1or ities throughout India" suh as &umbai. The ;.I is ontrolled b$ the#epart"ent of Personnel and Trainin$ in
the Ministry of Personnel% Pu!lic &rie'ances and Pension of theCnion 5overnment" whih is usuall$ headed b$ a Cnion
&inister who reports diretl$ to the :rime &inister. Ehile analogous in struture to the 9.I" the ;.I#s powers and funtions are
severel$ limited to speifi rimes based on Ats (mainl$ the #elhi Special Police sta!lish"ent Act% 19()). The urrent ;.I
%iretor is Ran1it Sinha.
(pecial Police !sta)lishment ((P!)
The ;entral .ureau of Investigation traes its origin to the Special Police sta!lish"ent (S:?) (>indi@ Vishesh Police
Sansthapan)" whih was set up in '(0' b$ the government. The funtions of the S:? were to investigate ases of briber$ and
orruption in transations with the Ear F Suppl$ %epartment of India" whih was set up during the ourse of Eorld Ear II" with
its head2uarters at Lahore. The Superintendent of Ear %epartment and S:? was +han .ahadur Gurban Ali +han who later on
beame the 5overnor of Dorth Eest 9rontier :rovine on the reation of :akistan. The first legal advisor of Ear %epartment
wasRai Sahib +aram ;hand -ain. ?ven after the end of the Ear" the need for a ;entral 5overnment agen$ to investigate ases
of briber$ and orruption b$ ;entral 5overnment emplo$ees was felt. Rai Sahib +aram ;hand -ain ontinued to remain the

*
Paper 5(3), lesson 7 Anti-corruption
machinery

Legal Advisor when this department was later transferred to the >ome %epartment under the %elhi Speial :olie ?stablishment
At that was brought into fore in '(0).
The sope of S:? was enlarged to over all departments of the 5ovt. of India. The 1urisdition of the S:? eAtended to all the
Cnion Territories and ould also be eAtended to the States with the onsent of the State 5overnment onerned. Sardar :atel" the
first %eput$ :rime &inister of free India and in harge of the >ome %epartment" took speial interest in weeding out orruption
from the erstwhile prinel$ states like -odhpur" Rewa" Tonk et. Sardar :atel direted the Legal Advisor +aram ;hand -ain to
monitor the riminal proeedings against the %ewans! ;hief &inisters of these states.
The %S:? a2uired its popular urrent name" through a >ome &inistr$ resolution dated '.0.'()*. In due ourse" with the setting
up of a large number of publi setor undertakings" the emplo$ees of these undertakings were also brought under ;.I purview.
Similarl$" with the nationalisation of the banks in '()(" the :ubli Setor .anks and their emplo$ees also ame within the ambit
of the ;.I.
C%& takes shape
As the ;.I established a reputation of being India#s premier investigative agen$ with ade2uate resoures to deal with
ompliated ases" demands were made on it to take up investigation of ases of more onventional rime suh as murder"
kidnapping" terrorism" et. Apart from this" the Supreme ;ourt and even the various >igh ;ourts of the ountr$ also started
entrusting suh ases for investigation to the ;.I on petitions filed b$ aggrieved parties. Taking into aount the fat that several
ases falling under this ategor$ were being taken up for investigation b$ the ;.I" it was therefore deided in '(/3 to onstitute
two investigation divisions in the ;.I" namel$" AntiB;orruption %ivision and Speial ;rimes %ivision" the latter dealing with
ases of onventional rime" besides eonomi offenes.
+r'anisational and rank structure
The ;.I is headed b$ a main diretor" an I:S <ffier of the rank of %iretor 5eneral of :olie or ;ommissioner of :olie
(State). %iretor is seleted based on the proedure laid down b$ ;H; At 6,,*" and has a total tenure of two ompleted $ears.
The other ranks in the ;.I whih an be handled b$ both I:S and IRS are Speial %iretor" Additional %iretor" -oint
%iretor" %eput$ Inspetor 5eneral of :olie" Senior Superintendent of :olie" Superintendent of :olie" Additional
Superintendent of :olie" %eput$ Superintendent of :olie" SubBInspetor" Assistant SubBInspetor" >ead ;onstable" Senior
;onstable and ;onstable.
The ;.I is dependent upon five different ministries of the 5overnment of India for its funtioning@
708
B
1. the $inistry of Home )!airs for cadre clearance
2. the ?o#@ for administration to whom it reports for day7to7day workin"& allocation of funds and
induction of o%cers
3. the Anion #ublic 5ervice *ommission for o%cers above the rank of ?eputy 5#
4. the Law and ustice $inistry for appointin" and payin" salaries to the public prosecutors
.. the *entral 6i"ilance *ommission for all anti7corruption cases
(election committee
As per ;H; At 6,,*" the ommittee is empowered to reommend a panel of offiers for the post of the %iretor of ;.I. The
ommittee onsists of@
*hief 6i"ilance *ommissionerB*hairperson

5
Paper 5(3), lesson 7 Anti-corruption
machinery

6i"ilance *ommissionersB$embers
5ecretary& Home $inistryB$ember
5ecretary :*oordination and #ublic (rievances; in the *abinet 5ecretariatB$ember
While makin" any recommendation& the committee takes into consideration the views of the
out"oin" ?irector.
=.>
The final seletion is made b$ the Appointments ;ommittee of the ;abinet from the panel reommended b$ seletion
ommittee.
&nrastructure
The ;.I is head2uartered in a new '/) rore (CSI*6 million) stateBofBtheBart building in Dew %elhi" whih houses in an ''B
store$ building all branhes of the premier investigating agen$.
This building is spread in around 3",,, metresJ and e2uipped with modern ommuniation s$stems" advaned s$stems for
maintaining reords" fitted storage spae and omputerised aess ontrol along with a provision of addBon failit$ for new
tehnolog$. Interrogation rooms" lokBups" dormitories and onferene halls are also provided at various floors. The ;.I
head2uarters offer to its staff a large afeteria whih an aommodate 4,, persons" separate g$ms for men and women" a terrae
garden and a double level basement parking for about 03, vehiles. An advaned fireBfighting s$stem" as well as power bakBup
is provided. .esides" there is a well designed :ress .riefing Room and &edia Lounge.
738
;.I Aadem$ at 5ha=iabad" Cttar :radesh" India" started funtioning in '((). The Aadem$ is situated towards east of %elhi"
in 5ha=iabad distrit of Cttar :radesh
7/8
at a distane of around 0, km from Dew %elhi Railwa$ Station and about )4 km
from Indira 5andhi International Airport" %elhi. It is spread over of ',3",,, metresJ (6).4 ares) of lush green fields and
plantations onsisting of the Administrative" Aademi" >ostel and Residential .loks. :rior to that" a small Training ;entre was
funtional at Lok Da$ak .hawan" Dew %elhi onl$ for onduting short term inBservie ourses. ;.I then" was dependent on
State :olie Training Institutions and D:A" >$derabad for training basi ourses of %$.Ss:" SIs and onstables.
This Aadem$ now aters to the training needs of all ranks of ;.I. Training failities for ertain speialised ourses are also
made available to the offiials of State :olie" Central Police *r$anisations (;:<)" +i$ilance or$anisations of pu!lic sector
undertakin$s" banks and government departments and Indian Armed 9ores.
,urisdiction po-ers, pri#ile'es and lia)ilities
The legal powers of investigation of ;.I are derived from the #SP Act 19(). This At onfers onurrent and oeAtensive
powers" duties" privileges and liabilities on the members of %elhi Speial :olie ?stablishment (;.I) with :olie <ffiers of the
Cnion Territories. The ;entral 5overnment ma$ eAtend to an$ area" besides Cnion Territories" the powers and 1urisdition of
members of the ;.I for investigation sub1et to the onsent of the 5overnment of the onerned State. Ehile eAerising suh
powers" members of the ;.I of or above the rank of Sub Inspetor shall be deemed to be offiers in harge of :olie Stations of
respetive 1urisditions. The ;.I an investigate onl$ suh of the offenses as are notified b$ the ;entral 5overnment under the
%S:? At.
,urisdiction o C%& #is-a-#is (tate Police
Law and <rder is a State sub1et and the basi 1urisdition to investigate rime lies with State :olie. .esides" due to limited
resoures" ;.I would not be able to investigate rimes of all kind. ;.I ma$ investigate@

.
Paper 5(3), lesson 7 Anti-corruption
machinery

*ases which are essentially a"ainst *entral (ovt. employees or concernin" a!airs of the
*entral (ovt. and the employees of the *entral #ublic 5ector Andertakin"s and #ublic 5ector
+anks.
*ases in which the /nancial interests of the *entral (overnment are involved.
*ases relatin" to the breaches of *entral Laws with the enforcement of which the (overnment
of ,ndia is mainly concerned.
+i" cases of fraud& cheatin"& embe--lement and the like relatin" to companies in which lar"e
funds are involved and similar other cases when committed by or"anised "an"s or professional
criminals havin" rami/cations in several 5tates.
*ases havin" interstate and international rami/cations and involvin" several o%cial a"encies
where& from all an"les& it is considered necessary that a sin"le investi"atin" a"ency should be
in char"e of the investi"ation.
Po-er and /urisdiction o 0i'h Courts and (upreme Court
Dotwithstanding above limitations" the >igh ;ourts and the Supreme ;ourt of India have the power and 1urisdition to order a
;.I investigation into a ogni=able offense alleged to have been ommitted within the territor$ of a State without the onsent of
that State. This matter was settled b$ a five 1udge onstitutional benh of Supreme ;ourt of India (in ;ivil Appeal )60(" )64, of
6,,') on '3 9eb 6,',. The benh said@
+ein" the protectors of civil liberties of the citi-ens& this *ourt and the Hi"h *ourts have not only the
power and 'urisdiction but also an obli"ation to protect the fundamental ri"hts& "uaranteed by #art ,,,
in "eneral and under )rticle 21 of the *onstitution in particular& -ealously and vi"ilantly.
B) /ve 'ud"e constitutional bench of 5upreme *ourt of ,ndia&
=3>
At the same time" the ourt larified that this eAtraordinar$ power must be eAerised sparingl$" autiousl$ and in eAeptional
situations.
7(87',8
;.I is e,e"pted from the purview of the Right to Information At. This eAemption was granted b$ the government on ( -une
6,'' (along with Dational Investigating Agen$ (DIA)" %iretorate 5eneral of Inome TaA Investigation and the Dational
Intelligene 5rid (Datgrid)) on the basis that the ;.I handles ases related to national seurit$. >owever" this move was
ritii=ed b$ ;entral Information ;ommission as well as various RTI ativists sa$ing this blanket eAemption is not in the letter
and spirit of RTI At.
7'68
The validit$ of the eAemption was upheld b$ &adras >igh ;ourt.
Corruption in C%&
.eause of its intensel$ politial overtones"
7'*8
it has been eAposed b$ its former bigwigs like -oginder Singh and .R Lall who
were %iretor and -oint %iretor respetivel$" to be engaging in nepotism" malBproseution and outright orruption. In his
book" -ho *.ns C/I" .R Lall" an honest and upright ;.I offier details the modus operandi of manipulating and derailing
investigation
7'08
This organisation has beome s$non$mous with orruption
7'487')8
as information obtained under the RTI At has
revealed.
7'38
RTI ativist +rishnanand Tripathi has alleged harassment from ;.I in order to save itself from eAposure through
RTI.
7'/8
Political intererence in cases
Dormall$" ases assigned to the ;.I are sensitive and of national importane. It is a usual pratie for the respetive state polie
departments" to initiall$ register an$ ase oming under its 1urisdition" and if neessar$" through mediation b$ the entral
government" the ases ma$ be transferred to the ;.I. The ;.I handles man$ highBprofile ases" and is never far from

7
Paper 5(3), lesson 7 Anti-corruption
machinery

ontrovers$. The ;.I has ome under severe ritiism reentl$ for its mishandling of several sams.
7'(876,876'8
The ;.I has also
been ritii=ed for going slow against prominent politiians like :. H. Darasimha Rao" -a$alalithaa" Lalu :rasad
Kadav" &a$awati and &ula$am Singh Kadav whih either lead to their a2uittal or their nonBproseution.
7668
Autonomy
%emanding omplete independene in matters of investigations" ;.I said that although it was agreeable to the government#s
authorit$ while probing ases that are not about orruption" the ;.I felt that suffiient finanial and administrative powers had to
be given to the diretor" along with a minimum tenure of three $ears to ensure "funtional autonom$".
"As suh" it is neessar$ that the diretor" ;.I" should be vested with eABoffiio powers of the Seretar$ to the 5overnment of
India" reporting diretl$ to the minister" without having to go through the %o:T"" the agen$ said" adding that finanial powers
e2uivalent to that of the %5" ;R:9" were not enough and that it wanted a separate budgetar$ alloation.
7*(8
;.I has a high onvition rate of around )4L.
Central 1i'ilance Commission
Is an apeA Indian governmental bod$ reated in '()0 to address governmental orruption. It has the status of an autonomous
bod$" free of ontrol from an$ eAeutive authorit$" harged with monitoring all vigilane ativit$ under the ;entral 5overnment
of India" and advising various authorities in entral 5overnment organi=ations in planning" eAeuting" reviewing and reforming
their vigilane work.
It was set up b$ the 5overnment of India in 9ebruar$" '()0 on the reommendations of the Co""ittee on Pre'ention of
Corruption" headed b$ Shri +. Santhanam" to advise and guide ;entral 5overnment agenies in the field of vigilane.
768
Dittoor
Srinivasa Rau" was seleted as the first ;hief Higilane ;ommissioner of India.
The Annual Report of the ;H; not onl$ gives the details of the work done b$ it but also brings out the s$stem failures whih
leads to orruption in various %epartments!<rganisations" s$stem improvements" various preventive measures and ases in
whih the ;ommission#s advises were ignored et.
The urrent ;entral Higilane ;ommissioner is :radeep +umar" and the Higilane ;ommissioners are R Sri +umar and - &
5arg
The ;H; is not an investigating agen$" and works through either the ;.I or through the %epartmental ;hief Higilane
<ffiers.
7*8
The onl$ investigation arried out b$ the ;H; is that of eAamining ;ivil Eorks of the 5overnment whih is done through the
;hief Tehnial <ffier.
708
;orruption investigations against government offiials an proeed onl$ after the government permits them. The ;H; publishes
a list of ases where permissions are pending" some of whih ma$ be more than a $ear old
748
The <rdinane of '((/ onferred statutor$ status to the ;H; and the powers to eAerise superintendene over funtioning of the
%elhi Speial :olie ?stablishment" and also to review the progress of the investigations pertaining to alleged offenes under the
:revention of ;orruption At" '(// onduted b$ them. In '((/ the 5overnment introdued the ;H; .ill in the Lok Sabha in
order to replae the <rdinane" though it was not suessful. The .ill was reBintrodued in '((( and remained with the
:arliament till September 6,,*" when it beame an At after being dul$ passed in both the >ouses of :arliament and with the

2
Paper 5(3), lesson 7 Anti-corruption
machinery

:residentMs assent.
7)8
The ;H; has also been publishing a list of orrupt government offiials against whih it has reommended
punitive ation.
738
Appointment
The ;entral Higilane ;ommissioner and the Higilane ;ommissioners are appointed b$ the :resident after obtaining the
reommendation of a ;ommittee onsisting of@
@he #rime $inister B *hairperson
@he Home $inister B $ember.
@he Leader of the 9pposition in the Lok 5abha B $ember.
=2>
+ath or a3rmation
The ;entral Higilane ;ommissioner and a Higilane ;ommissioner" before he enters upon his offie" is re2uired to make and
subsribe to following oath or affirmation@
I" NnameO" having been appointed ;entral Higilane ;ommissioner (or Higilane ;ommissioner) of the ;entral Higilane
;ommission do swear in the name of 5od (or solemnl$ affirm) that I will bear true faith and allegiane to the ;onstitution of
India as b$ law established" that I will uphold the sovereignt$ and integrit$ of India" that I will dul$ and faithfull$ and to the best
of m$ abilit$" knowledge and 1udgment perform the duties of m$ offie without fear or favour" affetion or illBwill and that I will
uphold the onstitution and the laws.
P The Shedule of the ;entral Higilane ;ommission At" 6,,*
$emo#al
The ;entral Higilane ;ommissioner or an$ Higilane ;ommissioner an be removed from his offie onl$ b$ order of the
:resident on the ground of proved misbehaviour or inapait$ after the Supreme ;ourt" on a referene made to it b$ the
:resident" has" on in2uir$" reported that the ;entral Higilane ;ommissioner or an$ Higilane ;ommissioner" as the ase ma$ be"
ought to be removed. The :resident ma$ suspend from offie" and if deem neessar$ prohibit also from attending the offie
during in2uir$" the ;entral Higilane ;ommissioner or an$ Higilane ;ommissioner in respet of whom a referene has been
made to the Supreme ;ourt until the :resident has passed orders on reeipt of the report of the Supreme ;ourt on suh referene.
The :resident ma$" b$ order" remove from offie the ;entral Higilane ;ommissioner or an$ Higilane ;ommissioner if the
;entral Higilane ;ommissioner or suh Higilane ;ommissioner" as the ase ma$ be@
is ad'ud"ed an insolventC or
has been convicted of an o!ence which& in the opinion of the *entral (overnment& involves
moral turpitudeC or
en"a"es durin" his term of o%ce in any paid employment outside the duties of his o%ceC or
is& in the opinion of the #resident& un/t to continue in o%ce by reason of in/rmity of mind or
bodyC or
has acDuired such /nancial or other interest as is likely to a!ect pre'udicially his functions as a
*entral 6i"ilance *ommissioner or a 6i"ilance *ommissioner.
=2>
+r'anisation
The ;H; is headed b$ a ;entral Higilane ;ommissioner who is assisted b$ two Higilane ;ommissioners.
7'8

4
Paper 5(3), lesson 7 Anti-corruption
machinery

The ;entral Higilane ;ommission has its own Seretariat" ;hief Tehnial ?Aaminers# Eing (;T?) and a wing of
;ommissioners for %epartmental In2uiries (;%I).
As on 6' &arh 6,'6" ;H; has a staff strength of 643 against santioned strength of 6(( (inluding the post of ;H; and 6 H;s)
7'8
(ecretariat
The Seretariat onsists of a Seretar$ of the rank of Additional Seretar$ to the 5ovt of India" one offier of the rank of -oint
Seretar$ to the 5ovt of India" ten offiers of the rank of %iretor!%eput$ Seretar$" four Cnder Seretaries and offie staff.
7(8
Chie 5echnical !6aminers7 8in' (C5!)
The ;hief Tehnial ?Aaminer#s <rganisation onstitutes the tehnial wing of the ;entral Higilane ;ommission and has two
?ngineers of the rank of ;hief ?ngineers (designated as ;hief Tehnial ?Aaminers) with supporting engineering staff.
9ollowing are the main funtions of this organisation@
@echnical audit of construction works of (overnmental or"anisations from a vi"ilance an"le
,nvesti"atin" speci/c cases of complaints relatin" to construction works
)ssistin" the *+, in their investi"ations involvin" technical matters and for evaluation of
properties in ?elhi and
)ssistin" the *ommission and *hief 6i"ilance 9%cers in vi"ilance cases involvin" technical
matters.
=3>
Commissioners or 9epartmental &n:uiries (C9&)
There are fifteen posts of ;%I in the ;ommission" '0 in the rank of %eput$ Seretaries!%iretors and one in the rank of -oint
Seretar$ to 5overnment of India. The ;%Is funtion as In2uir$ <ffiers to ondut in2uiries in departmental proeedings
initiated against publi servants.
7(8
5he 9irectorate ;eneral o 1i'ilance
The %iretorate 5eneral of Higilane"Inome TaA is the apeA bod$ under the ;entral .oard of %iret TaAes for the vigilane
matters. The %iretorate 5eneral interfaes with the ;entral Higilane ;ommission" the ;entral .ureau of Investigation" field
formations of ;.%T who are also having their Higilane wings and others in all the matters relating to Higilane" preliminar$
investigation of omplaints" obtaining ;H;!;H<Ms first stage advie" wherever re2uired" assistane to &inistr$ in issuane of
harge sheets" monitoring the harge sheet issued b$ the %isiplinar$ authorities in the field" monitoring of progress in in2uir$
proeedings" proessing of en2uir$ reports" obtaining ;H;!;H<Ms seond stage advie" wherever re2uired and ommuniation
thereof to %isiplinar$ authorities and monitoring ompliane!implementation of the advie.
;H; is a publi authorit$ as defined in the Right to Information At and hene it is obliged to provide information re2uested b$
an$ iti=en of India. An$ interested iti=en an seek speifi information as per the proedure laid down b$ RTI At.
Limitations o C1C
*6* is only an advisory body. *entral (overnment ?epartments are free to either accept or
re'ect *6*<s advice in corruption cases.
=

*6* does not have adeDuate resources compared with number of complaints that it receives. ,t
is a very small set up with a sanctioned sta! stren"th of 233.
=
Whereas& it is supposed to check
corruption in more than 1.44 central "overnment departments and ministries.
=


1<
Paper 5(3), lesson 7 Anti-corruption
machinery

*6* cannot direct *+, to initiate inDuiries a"ainst any o%cer of the level of oint 5ecretary and
above on its own. 5uch a permission has to be obtained from the concerned department.
*6* does not have powers to re"ister criminal case. ,t deals only with vi"ilance or disciplinary
cases.
=13>
*6* has supervisory powers over *+,. However& *6* does not have the power to call for any
/le from *+, or to direct *+, to investi"ate any case in a particular manner. *+, is under
administrative control of ?epartment of #ersonnel and @rainin" :?o#@;. Which means that& the
powers to appoint& transfer& suspend *+,o%cers lie with ?o#@.
=11>
)ppointments to *6* are indirectly under the control of (ovt of ,ndia& thou"h the leader of the
9pposition :in Lok 5abha; is a member of the *ommittee to select *6* and 6*s. +ut the
*ommittee considers candidates put up before it. @hese candidates are decided by the
(overnment.
As a result" although ;H; is relativel$ independent in its funtioning" it has neither resoures nor powers to in2uire and take
ation on omplaints of orruption that ma$ at as an effetive deterrene against orruption.
7'08
Contro#ersies
(upreme court :uashes appointment o C1C
:- Thomas was appointed as the ;hief Higilane ;ommissioner in September 6,'," on the reommendation of a >igh :owered
;ommittee (>:;) headed b$ the :rime &inister of India. The seletion of the new ;H; was marked b$ ontroversies"
after Sushma Swara1" who was part of threeBmember seletion ommittee" ob1eted to the hoie of Thomas" iting the
pending hargesheet against him. A publi interest litigation was filed in the Supreme ;ourt of India b$ ;entre for :ubli
Interest Litigationand India Re1uvenation Initiative
<n &arh *" 6,''" the Supreme ;ourt 2uashed the appointment of Thomas as the ;hief Higilane ;ommissioner" noting that the
>:; did not onsider the relevant materials on the pending hargesheet.
7')8
Subse2uentl$" &r Thomas resigned.
=e- initiati#es
The following initiatives have been taken b$ ;H;@B '. Dational Antiorruption Strateg$ 6. Leveraging Tehnolog$ to :revent
;orruption *. Integrit$ in :ubli prourement 0. Awareness ;ampaign 4. :rovision for Ehistle .lowers ). Improving the
Standard of Higilane Eork 3. ;omputerisation of ;ommissionMs Eork /. &odern :reventive Higilane 9ramework (.
International ;ooperation. et.
8histle)lo-er protection in &ndia
refers to provisions put in plae in order to protet someone who eAposes alleged wrongdoing. The wrongdoing might take the
form of fraud" orruption or mismanagement.
As of August 6,'6" India does not have a law to protet whistleblowersQ however" the :ubli Interest %islosure and :rotetion
to :ersons &aking the %islosure .ill" 6,', was approved b$ the ;abinet of India as part of a drive to eliminate orruption in
the ountr$#s bureaura$.
There have been multiple instanes of threatening" harassment and even murder of various whistleblowers.
7*8708
An engineer" Sat$endra %ube$" was murdered in Dovember 6,,*Q %ube$ had blown the whistle in a orruption ase in
the Dational >ighwa$s Authorit$ of IndiaMs 5olden Guadrilateral pro1et

11
Paper 5(3), lesson 7 Anti-corruption
machinery

Two $ears later" an Indian <il ;orporation offier" Shanmughan &an1unath" was murdered for sealing a petrol pump that was
selling adulterated fuel.
A +arnataka offiial S: &ahantesh" said to be a whistleBblower in ontroversial land allotments b$ soieties was murdered in
&a$ 6,'6. &ahantesh was working as %eput$ %iretor of the audit wing in the stateMs ;ooperative department and had reported
irregularities in different soieties involving some offiials and politial figures.
A senior polie offier alleged that &a$awati#s government was orrupt and had embe==led large amounts of mone$. Shortl$
thereafter" he was sent to a ps$hiatri hospital.
Ativists are seeking a 2uik passage of the Ehistleblowers :rotetion .ill in :arliament. The demands are that a law should be
framed to protet whistleblowers" failitate the dislosure of information and unover orruption in government organisations.
708
In -une 6,''" a parliamentar$ panel reommended that ministers" the higher 1udiiar$" seurit$ organisations" defene and
intelligene fores and regulator$ authorities be brought under the whistleblowers# protetion bill to hek orruption and the
willful misuse of power.
Aording to Indian law reports" the bill has faed onsiderable ritiism beause its 1urisdition is restrited to the government
setor and enompasses onl$ those who are working for the 5overnment of India or its ageniesQ it does not over the stateB
government emplo$ees. >owever" the draft bill aimed at proteting whistleblowers is seen as a welome move.
The lak of publi debate and onsultation on the bill seems to indiate the danger of it beoming another "paper tiger".
T$piall$" ministries proposing draft legislation involve a proess of publi onsultation to give the publi an opportunit$ to
arefull$ riti2ue its provisions. In this ase" suh an opportunit$ has been denied to the publi" whih has not gone unnotied
The proposed law has neither provisions to enourage whistleblowing (finanial inentives)" nor deals with orporate
whistleblowersQ it does not eAtend its 1urisdition to the private setor (a strange omission" after the fraud at Sat$am).
The %iretorate of Inome TaA Intelligene and ;riminal Investigation is one of the onl$ agenies empowered for whistle blower
protetion.
The bill aims to balane the need to protet honest offiials from harassment with proteting persons making a publiBinterest
dislosure. It outlines santions for false omplaints. >owever" it does not provide a penalt$ for attaking a omplainant.
7'*8
The ;entral Higilane ;ommission (;H;) was designated in 6,,0 to reeive publiBinterest dislosures through government
resolutionQ there have been a few hundred omplaints ever$ $ear. The provisions of the bill are similar to that of the resolution.
Therefore" it is unlikel$ that the number of omplaints will differ signifiantl$.
7'*8
The power of the ;H; is limited to making
reommendations. It annot impose penalties" in ontrast to the powers of the +arnataka and %elhi Loka$uktas.
The bill has a limited definition of dislosure" and does not define vitimisation. <ther ountries (suh as the Cnited States"
Cnited +ingdom and ;anada) define dislosure more widel$ and define vitimisation.
7'*8
It differs on man$ issues with the proposed .ill of the Law ;ommission and the Seond Administrative Reform ;ommissionMs
report. These inlude nonBadmission of anon$mous omplaints and lak of penalties for offiials who vitimise whistleblowers.
7'*8
If enated" the law to protet whistleblowers will assist in deteting orruption" ensuring better information flow and paving the
wa$ for suessful proseution of orrupt individuals through lear and proteted proesses. >owever" the publi in India have a
low level of onfidene in fighting orruption beause the$ fear retaliation and intimidation against those who file omplaints.

12
Paper 5(3), lesson 7 Anti-corruption
machinery

Another worr$ pertains to the dela$ in disposing of these ases. Eithout publi debate on the provisions of this proposed law" it
is lear that people annot measure its effetiveness when the draft bill omes into fore as law.
Central Vigilance Commission Initiative: lo! your !histle
In effort to help build team India that will help reating awareness over the prevalene of orruption in the s$stem and
empowerment of the iti=ens in their fight against orruption" ;entral Higilane ;ommission has taken initiative in setting
up .low $our whistle tehnolog$. It is dealing with all matters of ;orruption in the ;entral 5overnment.
7'08
Citi>en7s Charter and ;rie#ance $edressal %ill 2<11
The Citizen's Charter and Grievance Redressal Bill !"" in India is also known as #he Ri$ht of Citizens for #ime Bound
%elivery of Goods and Services and Redressal of their Grievances Bill& !"" <r Citizens Charter Bill. It was tabled b$ H.
Dara$anasam$" &inister of State for :ersonnel" :ubli 5rievanes and :ensions" in Lok Sabha in %eember 6,''.
The .ill seeks to onfer on ever$ iti=en the right to timeBbound deliver$ of speified goods and servies and to provide a
mehanism for grievane redressal. The .ill makes it mandator$ for ever$ publi authorit$ to publish a ;iti=enMs ;harter within
siA months of the ommenement of the At" failing whih the offiial onerned would fae ation" inluding a fine of up to Rs.
4,",,, from his salar$ and disiplinar$ proeedings.
The bill ame after Anna >a=are asked for its provisions to be inluded in the -an Lokpal .ill

13