Tuesday, 9 March 2010

India’s Anti-Corruption Agency in the Global Integrity Report 2009

Madhumita D. Mitra

The Global Integrity (GI) Report 2009 rates India as moderately capable of handling the “cancer” of corruption (70 on 100). With its legal framework scoring 86 (strong), India’s actual implementation of accountability mechanisms and transparency is only 55 (very weak) leaving a very large implementation gap of 31. Unlike other corruption indices, the GI Index does not measure corruption, but using responses to 300+ Integrity Indicators, it assesses “the access that citizens and businesses have to a country's government, their ability to monitor its behaviour, and their ability to seek redress and advocate for improved governance” as a measure of a government’s ability to prevent abuse of power and promote public integrity.

The Anti-corruption and Rule of Law category of the Indicators shows that India’s strong anti-corruption laws (score: 89) are made ineffective by a weak anti-corruption agency (score: 69), weak rule of law (score: 67) and very weak law enforcement (score: 58).

More than a decade after the Supreme Court (SC) gave extensive directions to the government in the landmark Vineet Narain case to secure the independence of the Central Bureau of Investigation (CBI) and the Enforcement Directorate, the governments in power continue to manipulate the CBI and the legal processes instead of consistently upholding the rule of law.

Why anti-corruption agencies (ACAs) fail has been well documented through the experiences of many countries. Fear of consequences that lead to loss of independence and autonomy, unrealistic expectations when fighting deeply entrenched systemic corruption, excessive reliance on enforcement after the event, lack of public involvement, insufficient accountability, are some of the reasons of failure frequently cited.

These causes may well apply to ACAs in India because the flaws are largely institutional. Independence and autonomy of the CBI is a myth. The CBI still must get permission from the government to register cases (under certain situations) and sanction for prosecution of corruption cases against public servants. The Criminal Procedure Code makes it essential for the CBI to take permission of the government before it can appeal to a higher court against a case lost in the trial court. Senior level police officers in the CBI belong to the Indian Police Service who owe their allegiance to the government who appoint and can remove them from service.

Despite its claim to a “three pronged strategy for prevention, surveillance and detection as well as deterrent and punitive action” to contain corruption, the preventive vigilance functions of the ACAs (which in the Central government is a multi-agency combined force of the Department of Personnel & Training (DoPT), Central Vigilance Commission (CVC), CBI and Chief Vigilance Officers (CVOs) is virtually non-existent. Asset declaration religiously gathered and filed by the government departments is a good example. Low registration of cases and low conviction rates point as much to poor vigilance as to ineffective investigation and prosecution.

The SC perhaps tried to create a powerful single agency by its 1997 judgment endowing the CVC with powers of supervision and control over vigilance administration and corruption cases and also over CBI investigations. As a statutory body answerable to the Parliament, the SC directives were intended to insulate appointments, investigation and prosecution from government control, read the DoPT. This experiment with independence has nearly failed.

But the single-agency approach appears to have worked for South Korea, which the GI Report rates as the most capable of all the 35 countries assessed to fight corruption. It not only scores full marks for its AC law, but its ACA is rated as strong (an Independent Commission that reports to the President), as is its law enforcement. A powerful centralized agency that has also worked excellently is Hong Kong’s (not part of the GI Report) Independent Commission Against Corruption whose mission is to prosecute the “big fish” in combination with encouraging citizen involvement in oversight and reporting of corruption cases.

In attempting to create a single agency system, was the SC relying far too much on independence and autonomy? Interestingly, studies show that accountability and formal independence, though desirable, are overrated because they can be so easily subverted by political factors. This seems to be borne out by the GI data which show that ACAs of a large number of countries like India, Algeria, Columbia, Venezuela, Indonesia, Jordan, Kenya, Nepal, which are in law protected from political interference, fare poorly when it comes to actual practice. The United States on the other hand, without any formal law, scores highly in insulating its ACA.

Effective laws, procedures, courts system, and financial system governance have been found to make ACAs successful. The experiences of Hong Kong have shown that public and civil society participation to eradicate corruption are effective strategies. As are freedom of information laws.

Collecting and publishing performance data is sine qua non for analysing performance of ACAs. Unfortunately, so little of it is available on India. For example, once too often CBI announces countrywide raids to catch corrupt public officials, but there is rarely any information on the follow-up. Given the low levels of cases which actually to go trial, it is doubtful that CBI puts its raid data to effective use. Looking inwards is the only way India’s ACAs can shed their public image that they exist only to shield the corrupt.

Madhumita D. Mitra is a Consultant with Corporate Lexport, a law firm based in New Delhi

7 comments:

  1. The following website will show you how corrupt are private engineering colleges.

    http://satnavits.com/

    ReplyDelete
  2. The CVC/CBI are only the recommending auth. The action on their recommendations has to be taken by some body else, on whom these ACAs have no control but under their instructions ACAs have to initiate investigations only.Till this is corrected the ACAs will have to face wrath of public for no fault of theirs(Most of the time)
    Col Dharma

    ReplyDelete
  3. Corruption in the private schools/colleges: We have to pay lot of money for admissions for our kids under the table, which ends up in individuals bank accounts. Please check pay checks, recently deposited money in bank accounts of admission committee members, account books of schools, talk to students/ staff members, put viodeo camers and get these bastards out. Thans.

    ReplyDelete
  4. We have a lot of laws against corruption but the implementation is poor since the investigation agencies (CBI) is under the control of the govt / politicians. The solution to this problem is simple -

    a. CBI should be made an independent agency like the Election Commission and it should report only to the Supreme Court.

    b. Only the Supreme court should have the authority to appoint / dismiss the CBI officials

    c. CBI personnel should be recrutied only by the Supreme Court and the CVC (chief Vigilance Committee).

    d. Tenure of the CBI director and top officials should be fixed for 5 years. Further selection / continuation of the CBI director and top officials should be confirmed only by the Supreme Court and the CVC.

    e. The CBI budget should be financed as a fixed %age of India's tax revenues.

    This will free the CBI from the clutches / interference of the politicians and they will be able to perform without fear. Once free, CBI will not spare any efforts to nail the corrupt politicans / beareaucrats.

    I know the politicans will never allow this to happen. So the Unions (Banks / Railways / Airports) should go on an indefinite strike to force the politicans to take these steps. This 21st version of Gandhiji's "civil disobedience" movement is desparately needed to protect our children's future.

    Unions - Can you please help all of India in this noble effort?

    Regards,
    Vinay

    ReplyDelete
  5. Thoughts of a frustrated Indian http://www.hitxp.com/articles/society/feelings-of-a-frustrated-indian/

    ReplyDelete
  6. want to change some thing or need to comeover corruption in country, visit Jaago Re Campaign for Change, find talented social workers, create a group and do what you want.

    Who says doing social good is all work and no play? Here is a fun contest to get you started on contributing to LIVE NGO projects!

    Jaagore.com brings you ‘Campaign for Change’ - an online contest for all those who have the innate desire to do participate in social change and contribute to making a better society. The contest is currently live on Jaago Re Campaign from Tata Tea and is an ideal platform for each of us to contribute to the Jaago Re! mantra of Social Awakening!

    There are only two simple parts to the contest:
    a. Create a poster or a video or both along with a slogan( based on your choice of an NGO project) & upload the entry
    b. Publicize your entry by getting your friends to ‘Volunteer’ for the NGO project

    The two best entries with the maximum Volunteers and Jury Points win a cash prize + Jaago Re! Campaign for Change certificates!

    This contest is one of unique ways through which Jaagore.com is trying to spread awareness on social issues and publicize NGO projects that need volunteer support. So, show your support by participating now!

    Click on campaign-for-change | Jaagore

    Do share the link with all your friends and post the contest URL on all your social network profiles on Facebook & Twitter to spread the word about this contest!

    ReplyDelete