The last five years have seen consistent attacks on anti-corruption laws and institutions
The popular sentiment that helped the BJP in the 2014 general election was resentment against corruption in public life. The party’s clarion call for a corruption-free India resonated with the electorate, who believed the BJP’s prime ministerial candidate when he pledged, “Na khaunga, na khane dunga (neither will I indulge in corruption, nor allow anyone else to indulge in it)”.
Ironically, the last five years have seen consistent attacks on anti-corruption laws and institutions. Serious cases of big-ticket corruption have surfaced under the National Democratic Alliance regime, including banking frauds and the Rafale deal. At the same time, there is no evidence of any check on everyday corruption that impacts the delivery of services to people.
Blows to fighting graft
In 2015, the government proposed amendments to the Prevention of Corruption Act. The amendment Bill, which was later approved by Parliament, narrows down the definition of corruption, increases the burden of proof necessary for punishing the corrupt, and makes things more arduous for whistle-blowers.
The most grievous blow is the strengthening of the shield available to officials accused of corruption. Investigating agencies have been barred from even initiating an inquiry or investigation into allegations of corruption without prior approval from the government. Effectively, this empowers political masters to decide whether they wish to allow a corruption inquiry against a government employee or not. The amendments have done away with the offence of abuse of position by a public servant, unless the element of bribery is established. This frustrates peoples’ ability to fight corruption in cases which may not involve the payment of a bribe, as it may be done for other considerations like pleasing political masters for rewards. Also, cases involving gratification are often impossible to trace as they may be deferred in the form of post-retirement benefits or paid through clandestine off-shore accounts.
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