CH 4, Ethics in Governance

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2nd ARC REPORT (SUMMARY)
CHAPTER – 4
Ethics in Governance
RELEVANCE – GS- 4 (Ethics)
By
Jatin Verma Sir
©
This Document is a part of JV’s IAS Public Administration Course.
No Part of this report shall be copied or circulated in any manner.
All the Copyrights are reserved for JV’s IAS Academy only.

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CHAPTER 4: ETHICS IN GOVERNANCE
Ethical Framework:
 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 laws in the functioning of a democracy, it has a measure of self-correction
Recent Improvements:
1. EVM (Electronic Voting Machine): Program which controls the functioning is burnt into a
micro chip on a “one time programmable basis”. It cannot be read, copied out or altered
2. NOTA (None of the Above)/ Right to reject: The ‘right to reject’ was first proposed by
the Law Commission in 1999.
3. Systematic Voters Education and Electoral Participation (SVEEP), 2009: For voter
education, voter literacy in India
4. Voter Verifiable Paper audit Trail (VVPAT): Method of providing feedback to voters using
a ballot less voting system.
5. Improvement in Accuracy of Electoral Rolls:
 Printed electoral rolls/CDs have been made available for sale.
 Computerization of entire electoral rolls of over 620 million voters has been initiated.
 The provision of photo-identity cards
6. Disclosure of Antecedents of Candidates:
7. The Supreme Court has directed that a candidate should declare any conviction by a court or
whether a criminal case is pending against him
8. Disqualification of Persons Convicted of Criminal Offence
9. Enforcement of the Model Code of Conduct: 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.

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10. Free and fearless polling: (a) Policing arrangements have been improved (b) Electronic
voting machines have been introduced throughout the country (in the parliamentary elections
of 2004).
11. Reduction in size of Council of Ministers: (a) The Constitution (91 st 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
1. Reform of Political Funding:

 Government gives funds to political parties or candidates for contesting the
elections.
 Aim: stop channelizing money from powerful moneyed interests. Thus, ensuring the
level playing field for all candidates.
 State funding of elections takes place in Germany & Austria
 Indrajit Gupta Committee, 1989: on state funding of elections
Benefits of election funding:

 Proximity: To keep the contact of candidates with their constituencies.
 Ensure Professionalism
 To prepare policy decisions according to the need of the locals.
 To increase transparency and combat corruption
 Eradicate parallel economy: Funding through government channels helps to counter
the menace of black money that is used for terror funding or any other unofficial
activity.
 Combat crony capitalism: Contributions from corporate houses influence the policies
of the government. This undermines social rights of poor.
 Provide a level playing field for political parties and cut out money po wer from the
equation
 Functioning multi-party system: This promotes healthy competition among parties.
Demerits:
 Government treasury is declining: Government is already going through deficit
budgets.
 Encourage fake political parties: many parties which registered themselves as a
political parties had remain dormant. Their existence is perceived only to avail the
funding from the government during elections.
 Erode social justice: Deviate fund of social welfare schemes

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 Populism policy & freebies: The funding has been misused for the populism policies
like loan waiver, free water etc. The impact of populism policy has been witnessed in
Sri Lanka.
Various Committees to control funding of elections:

 Law Commission of India- 170th Report on “Reform of the Electoral Laws” in 1999.
 ECI Report in 2004 on “Proposed Electoral Reforms”.
 Goswami Committee on Electoral Reforms in 1990.
 Vohra Committee Report in 1993.
 Indrajeet Gupta Committee on State Funding of Elections in 1998.
 National Commission to Review the Working of the Constitution in 2001.
 2 nd ARC, 2008.
Expenditure of candidate
 *ECI can raise the expenditure limit for candidates contesting elections.
 Section 77 of RPA, 1951,every candidate shall keep a separate and correct account of
all expenditure incurred between the date on which they have been nominated and the
date of declaration of the result.
 All candidates are required to submit their expenditure statement to the ECI within 30
days of the completion of the elections.
ARC Recommendation:
 A system for partial state funding should be introduced in order to reduce the scope of
illegitimate and unnecessary funding for elections.
2. Tightening of anti-defection law:

 Political defection refers to, elected representative giving up allegiance to one political party
in exchange for allegiance to another, in a way which is considered illegitimate by the first
party.
 It specifies the circumstances under which changing of political parties by legislator’s
invites action under the law.
 Aim: to bring stability to governments by discouraging legislators from changing
parties.
Need
 For a very long time, the Indian political system was impacted by political defections
by members of the legislature.
 Thus, in 1985, to curb the evil of political defections, the 52nd constitution
amendment act on Anti-defection law was passed and the 10th Schedule was added
in the Indian Constitution.

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Facts
 10th Schedule
 52nd Constitutional Amendment Act, 1976
 Introduced by: Rajiv Gandhi government
 Defection politics in India started after 4th General Elections held in 1967
 Committee on electoral reforms: Dinesh Goswami Committee (1990), Halim Committee
on anti-defection law (1998), Law Commission (1999), Constitution Review
Commission (2002)
 91 st CA, 2003: limiting the size of the COM to debar defectors from holding public
offices, and to strengthen the anti-defection law.
Range of Anti-defection Law:

 For both Parliament and state assemblies.
 It applies to all votes in the House, on every Bill and every ot her issue.
 It even applies to the Rajya Sabha and Legislative Councils, which have no say in the
stability of the government.
Members power after disqualification

 The members disqualified under the law can stand for elections from any political party
for a seat in the same House.
Advantages:
 Stability, loyalty, discipline, Reduce corruption, punitive measures against legislature
 Stop the subversion of Electoral Mandates: Defection stops the elected legislators
who find it convenient to shift to another, due to the lure of financial gains.
 Ensuring the Normal Functioning of Government: The infamous “Aaya Ram, Gaya
Ram” slogan was coined against the background of continuous defections by the
legislators in the 1960s.
Issues:
 *The law does not specify a time-period for the Presiding Officer to decide on a
disqualification: eg. Telangana, TN: Speakers not acting on disqualification for years (UPSC
2022)
 Failed to curb ‘horse trading’: Eg: 17 MLA’s of coalition government resigned in
Karnataka, leading to change in government.
 Impedes legislative control on government: by ensuring that members vote according
to party leadership, dilutes “separation of power” between the Executive and the
Legislature
 Role of presiding officer may be biased
 Affects the debate and discussion

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 The law impinge on the right of free speech of the legislators: addressed in 1992 (Kihoto
Hollohan vs Zachilhu and others)
 Regarding Whips: It restricts a legislator from voting in line with conscience of his electorate.
 Political crisis: Converting resignation into a disqualification matter
 Political party given primacy than individual
 Affects intra party democracy:- like protest and dissent
 Disruptions due to money bills
 Ambiguity about Party: no clarity whether the original political party refers to the
party at the national level or the regional level.
 Undermining Representative & Parliamentary Democracy : The MP or MLA has to
follow the party’s direction blindly and has no freedom to vote in their judgment.
 Undermine accountability: legislators are accountable primarily to the political party.
 Allows only Wholesale Defection, but retail defection is ignored: Eg: Congress in
MP lost majority due to resignations of MLA’s.
 Role of presiding officer of the house, wrt Anti-defection law:
o The law lays down that legislators may be disqualified on grounds of defection by
the Presiding Officer of a legislature based on a petition by any other member of the
House.
o However, there are many instances when presiding officers play a part with the
vested interests of a political party/government in power.
o Also, the law does not specify a time period for the Presiding Officer to decide on
a disqualification plea.
Steps to be taken
 Non-partisan authority: National Commission to review the working of the
constitution (NCRWC): recommended that rather than the Presiding Officer, the
decision of disqualification should be made by the President or the Governor on
the advice of ECI
 Justice Verma in Hollohan judgment suggested: Independent committee for
disqualification should be appointed
 Intra-party democracy: 170 th Law Commission report: promote internal democratic
= freedom of speech
 Dinesh Goswami Committee: Disqualification should be limited to cases like if a member
voluntarily gives up the membership of his political party, a member abstains from voting, or
votes contrary to the party whip.
 Supreme Court has suggested that Parliament should set up an independent tribunal
headed by a retired judge of the higher judiciary to decide defection cases impartially.
 Limiting Speaker’s discretion: Recent Supreme Court Judgement ruled that Speaker
must decide on disqualification within three months of receiving application.

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2. Coalition and Ethics

 The ethics of coalition government is 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.
 Election Commission: 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 Commissioners.
 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
3. Ethics in Public Life:

 The fundamental principle in a democracy is that all public functionaries are trustees of the
people.
 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'.
 Nolan Committee in UK outlined the following seven principles of public life (OHIOSAL):
Objectivity, Honesty, Integrity, Openness, Selflessness, Accountability, Leadership.
 United Nations Convention against Corruption: State shall promote integrity, honesty and
responsibility among its public officials.
Code of Ethics for Ministers:

 Aim: ensuring good conduct by Ministers, but must be supplemented by Code of Conduct
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 actions
 Uphold the highest ethical standards
 Ensure that no convict arises, or appears to arise, between their public duties and their private
interests
 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
time;

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 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 deemed 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.
Office of Profit:
 The Law should be amended regarding office of profit.
 All offices in purely advisory bodies shall not be treated as office of profit.
 All offices involving executive decision making and control of public funds should be treated
as office 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 should be abolished.
 MPs & MLAs 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):
 Promoting the norms of `right conduct' cannot be enforced through a rigid mindless
enforcement of laws and rules.
 Draft `Public Service Bill' now under consideration of the Ministry of Personnel, Public
Grievances and Pensions: Allegiance to the various ideals enshrined in the preamble,
Apolitical functioning, Good governance, 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.
ARC Recommends:
 `Public Service Values' towards which all public servants should aspire, should be deemed and
made applicable to all tiers of Government.
 Any transgression of these values should be treated as misconduct, inviting punishment.

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 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

 The Supreme Court on May 7, 1997 adopted a charter called the `Restatement of Values of
Judicial Life'.
 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.
Issues with judiciary

 The current system of appointments is not open to public scrutiny and thus lacks accountability
and transparency.
 Other than impeachment under Articles 124(4) and 217(1), there is no mechanism against any
inappropriate behaviour or misdemeanour of judges.
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
judiciary.
 A Judge of the Supreme Court should be designated as the Judicial Values Commissioner.
Legal Framework for Fighting Corruption:

Acts against corruption:
 Public Servants (Enquiries) Act, 1850
 IPC, 1860
 Special Police Establishment, 1941
 Delhi Police Establishment Act, 1946
 Prevention of Corruption Act, 1988
 Commissions of Inquiry Act, 1952 (against political leaders and eminent public men)
 All-India Services (Conduct) Rules, 1968
 Central Civil Services (Conduct) Rules, 1964
 Railway Services (Conduct) Rules, 1966
 CVC, State VC

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 CBI, 1963
 Anti corruption bureaus in states
 Lokpal (Ombudsman) at the Centre 16. Lokayukta (Ombudsman) in states
 District Vigilance Officer
 National Consumer Disputes Redressal Commission
 National Commission for SCs & ST
 Supreme Court and High Courts
 Administrative Tribunals (quasi-judicial bodies)
 Directorate of Public Grievances in the Cabinet Secretariat, 1988
 Parliament and its committees
Central Vigilance Commissioner (CVC)
 Established on the recommendations of: Santhanam committee recommendation, 1964
 It submits its report to the President of India.
 Term of CVC: maximum 4 years or attained the age of 65 years (whichever is
earlier)
 Salary of CVC is equal to the salary of Chairman or member of UPSC
 Appointment & Removal of CVC: By the President of India
 CVC has the power to regulate its own procedure.
 Oath: by President of India
 Since 2021, the Vigilance Awareness week is being celebrated from 26th October to 1st
November 2021.
Evolution of the office of the CVC:
CVC was established 2003: CVC became a
Revommendation by
through executive statutory & advisory
Sanatan Committee, 1964
resolution in 1964 body
Status of CVC:
 CVC is a apex vigilance institution created via executive resolution (governing body
of the Convention ie. not passed by the Parliament)
 2003: CVC status has been upgraded to statutory & advisory body
 Statutory body (established by the Act of Parliament)
 Independent body: It is only responsible to the Parliament & is free from any Ministry/
department
 Advisory body: The recommendations of CVC is not binding
Aim
 To prevent Corruption activities in India
 It ensures the probity in Public Administration

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What are the functions of Chief Vigilance Commissioner?

 CVC presents annual report to the President & the President places this report before each
House.
 To investigation cases in reference related to public servant or gov. authorities, under
Prevention of Corruption Act, 1988.
 CVC is superintendent of Delhi Special Police Establishment (CBI) & vigilance
administration
 CVC is the link between his organization and the Central Vigilance Commissioner & CBI &
others.
 CVC works as a mechanism for protecting the identity of whistle blowers
 It has supervisory powers over CBI
 It monitors all vigilance activity under Goi & advises various authorities in Goi in planning,
executing, reforming their vigilance work.
 CVC examines Civil Works of the Government through Chief Technical Officer: Technical
audit of construction works of Governmental organisations from a vigilance perspective;
Investigation of specific cases of complaints relating to construction works.
 CVC has the powers of a civil court but not criminal case.
CVC receives information relating to suspicious transactions under

 Prevention of Money Laundering Act, 2002
 Lokpal and Lokayuktas Act (2013)
 CVC Act 2003
 Delhi Special Police Establishment Act (1946)
 Can conduct preliminary inquiry into complaints referred by Lokpal
What is the jurisdiction of CVC?

 Members of All India Services: Group A officers of the Central Government.
 Officers of the rank of Scale V and above in the Public Sector Banks (PSU).
 Chief Executives and Executives in Schedule A, B, C, D in PSU
 Officers in Grade D and above in RBI, NABARD and SIDBI.
 Managers and above in General Insurance Companies.
 Senior Divisional Managers and above in LIC
 Officers drawing salary of 8700/- per month (pre-revised) and above on Central Government
D.A. pattern
Who can approach CVC?

 Central government
 Lokpal
 Whistle blowers

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Issues associated with CVC

 Toothless Tiger: CVC is an advisory body. Thus, the decisions taken by CVC is not binding.
 Ineffective: The conviction rate of CVC is very low.
- India ranks 86 position out of 180 under Corruption Perception Index, 2020
 Maladministration: There is huge delay in the CVC cases. Thus, it is unable to create any
deterrent.
 Vague domain: In most cases, the jurisdiction of CVC is not clear (UPSC).
 No Financial Autonomy is given to CVC. Thus, it has to be dependent on government for the
for its administrative working.
Way Forward
 Reforming organization: Instead of establishing a new body, the government should bring
reforms in already existing bodies.
 Government should strengthen the Whistle Blowers Protection Act, 2011
 Cooperation between various stakeholders like govt/citizens/business/media etc will help in
increasing the transparency
 Technology-based solutions: can use Artificial Intelligence for the surveillance of
suspicious corrupted officials.
 Decentralized enforcement is a welcoming step
 Eliminate middlemen bureaucrats by using digital technology like DBT (Direct Benefit
transfer)
 Empower ordinary citizens: strengthen RTI Act, Whistleblower Act and reforming
official Secret Act & Sedition Act. Even reforms in media is a welcoming step.
 Upgrading the status: Amendment should be made to increase the power of CVC & making
its decisions binding on all the stakeholders involved.
Institutional Framework for preventing corruption

 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
 Central Bureau of Investigation: principal investigative agency of the Union Government in
anti-corruption matters.
Lokpal
 1963 : Lokpal Bill was introduced
 Coined by : LM Singhvi
 Copied from Sweden Ombudsman (1809)

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 1962: New Zealand : 1st Commonwealth country to introduce Ombudsman

 Nat. Informatics Centre (NIC): Website of Lokpal development
 Under Lokpal: Groups A, B, C and D officers and officials of the Central Government
History of Introduction:
 ARC, 1966: recommended ‘Lokpal’ (centre) and ‘Lokayukta’ (state)
 1967 : UK : adopted Parliamentary Commissioner for administration
 1968 : introduced in Parliament (Indira Gandhi gov.)
 2013 : Lokpal & Lokyukya Bill, 2013 passed
 Accounts of Lokpal: audited by CAG
 Cover: pub. Servant
Exceptions in Lokpal
 Judiciary outside the purview of Lokpal and lokayukta as in New Zealand. But, in Sweden
the judiciary is within the purview of Ombudsman.
 Armed forces are not covered
 Whistleblower public servant : protected from lokpal
Selection committee of Lokpal

 PM (head), CJI, Speaker, Leader of opposition
 All four members will decide eminent jurist
 Appointment : President
 Chairman: CJI or former judge of SC or eminent person with knowledge & expertise of
25 yrs in anti- corruption policy, Public Administrtaion, Vigilance, Insurance, Banking,
Law & mgt.
Power
 Can confiscate the property from corruption
 Power to transfer or suspend officer
 Lokpal will not enquire into retrospective matters of 7 yrs or more
 Superintendence and direction over any investigation agency including CBI for cases
referred to them by the ombudsman.
 Lokpal can summon or question any public servant if there exists a prima facie case
against person.
 An investigation must be completed within six months.
 Special courts will be instituted to conduct trials on cases referred by Lokpal.
Conditions for considering PM in Lokpal

 PM is excluded from Lokpal in International Relations, External & internal security, pub.
Order, atomic energy & space

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 All 9 members will initiate the enquiry. Absent of even single member will stop the enquiry
 2/3rd of its members should approve that enquiry & is done on camera
 If the allegations are false, the records of the enquiry will not be published
Persisting issues with Lokpal operationalization

 According to the Corruption Perception Index Report 2022 released by Transparency
International, India ranks at 85 among the 180 countries.
 Delay in the appointment of Lokpal due to the legal technicalities and lack of political
will is a major issue.
 The Selection committee and the issue of Leader of Opposition is still lingering and
the recent selection of Lokpal didn’t have the views of the opposition party, which is
against democratic principles.
 The process of constituting the Lokpal’s inquiry and prosecution wings has not yet
begun, and regulations for how to conduct preliminary investigations have not been
made.
 The Act prohibits Lokpal inquiry if the allegations against the PM in certain
circumstances. Thus, Lokpal do not have full authority to investigate PM. Also,
complaints against the PM are not to be probed unless the full Lokpal bench considers
the initiation of an inquiry and at least two-thirds of the members approve it.
 There is not much protection provided for whistle-blower in the Lokpal Act, 2013.
 All the cases of corruption in which high officials are involved go to the CBI. Lokpal
do not have complete control. This is a major issue which dilutes the independence of
Lokpal.
 Through an amendment in 2016, the government has done away with the statutory
requirement of public disclosure of the assets of public servants’ spouses and
dependent children. The vesting of the power of prior sanction with Lokpal has been
almost nullified with amendments in Prevention of Corruption Act which strengthen
the requirement to seek the government’s permission.
 Judiciary is totally excluded from the ambit of Lokpal. Thus, there is no chance to
hold the judiciary accountable.
 The establishment of Lokayukta and any appointment falls within the domain of the
States, which is being delayed by the state due to lack of political will.
 In the year 2019, the Lokpal received 1,427 complaints. In 2020–21, the number dipped
to a mere 110. Reports say that during the first half of 2021, only 30 complaints were
filed before the Lokpal.

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Recommendations
 The need of the hour is to revamp the system perceptually, structurally and functionally.
 For the Lokpal to become an independent body, we need to evolve a independent select
committee.
 At present, the domination of the political wing of the state is writ large in the
committee that selects the Lokpal and its members.
 The predominance now given to retired judges in the Lokpal also needs reconsideration.
 Lokpal should be a body of persons from different walks of life who have impeccable
integrity and who are held in high esteem by the public.
 It is necessary to ensure that its recommendations have tremendous moral force and
popular acceptability.
Lokyukta
 1st ARC, 1966, headed by Late Morarji Desai: To investigate and report on
allegations or grievances relating to the conduct of public servants.
 The Lokayukta is usually a former CJ of HC or former SC judge
 Fixed tenure
 Gujarat & Maharashtra: Lokayukta Act includes Chief Minister under its ambit (UPSC)
 1st established in Maharashtra in 1971. Although Odisha had passed the Act in this regard in
1970, it came into force only in 1983.
Selection of Lokayukta:
 CM selects a person as the Lokayukta after consultation CJ of HC, Speaker of LA, CM
of LC, Leader of Opposition in LA, Leader of Opposition in LC
 Appointment: Governor.
 Once appointed, Lokayukta cannot be dismissed nor transferred by the government, and
can only be removed by passing an impeachment motion by the state assembly.
Drawbacks of the Lokpal and Lokayuktas Act, 2013:

 Lokpal cannot suo motu proceed against any public servant.
 Emphasis on form of complaint rather than substance.
 Heavy punishment for false and frivolous complaints against public servants may deter
complaints being filed to Lokpal.
 Anonymous complaints not allowed – Can’t just make a complaint on plain paper and drop it
in a box with supporting documents.
 Legal assistance to public servant against whom complaint is filed.
 Limitation period of 7 years to file complaints.
 Very non-transparent procedure for dealing with complaints against the PM.

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 The Act does not allow a Lokpal inquiry if the allegation against the PM relates to
international relations, external and internal security, public order, atomic energy and
space.
Recommendations:
 There is a need for a mechanism that provides for simple, independent, speedy means
of delivering justice by redressing the grievances of the people
 Lokpal must instil public confidence in the efficiency of the administrative machinery.
 It is rightly said by Publius Cornelius Tecitus that “the more corrupt the state, the more
laws”.
 Official Secrets Act might come in between the way of delivering justice
 The jurisdictions must be clear so that there is no overlap in the powers.
Systemic Reforms
 Monopoly + Discretion - Accountability = Corruption Promoting Competition
 Dismantling monopolies and introducing competition go together.
 Simplifying Transactions: A system of rewards and incentives for simplication and
streamlining of procedures.
 Using Information Technology: eg. Gyandoot project in Madhya Pradesh that seeks to
provide information about prevailing agricultural produce prices
 A `single window front office' for provision of information and services to the citizens.
 Monitoring Complaints: There should be an external, periodic mechanism of `audit' of
complaints.
International Cooperation
 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
 ADB OECD: Anti Corruption Action Plan for Asia Pacific

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Contact No.: 8882932364, 011-41421650
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Contact No.: 8882932364, 011-41421650
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CH 4, Ethics in Governance

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JV's IAS 1

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

CHAPTER 4: ETHICS IN GOVERNANCE

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Issues in Political Reforms

1. Reform of Political Funding:

Benefits of election funding:

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Various Committees to control funding of elections:

2. Tightening of anti-defection law:

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Range of Anti-defection Law:

Members power after disqualification

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

2. Coalition and Ethics

3. Ethics in Public Life:

Code of Ethics for Ministers:

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Ethics of Members of Houses:

Code of Ethics for Civil Servants

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Ethical Framework for the Judiciary

Issues with judiciary

Legal Framework for Fighting Corruption:

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

What are the functions of Chief Vigilance Commissioner?

CVC receives information relating to suspicious transactions under

What is the jurisdiction of CVC?

Who can approach CVC?

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Issues associated with CVC

Institutional Framework for preventing corruption

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

 1962: New Zealand : 1st Commonwealth country to introduce Ombudsman

Selection committee of Lokpal

Conditions for considering PM in Lokpal

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Persisting issues with Lokpal operationalization

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Drawbacks of the Lokpal and Lokayuktas Act, 2013:

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

Branch Office 1: 4B, 111, First Floor, Grover Chamber, Pusa

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