UPSC MainsGENERAL-STUDIES-PAPER-IV201510 Marks150 Words
Q11.

Anti-Corruption Measures: Effectiveness Evaluation

Today we find that in spite of various measures like prescribing codes of conduct, setting up vigilance cells/commissions, RTI, active media and strengthening of legal mechanisms, corrupt practices are not coming under control. Evaluate the effectiveness of these measures with justifications.

How to Approach

This question requires a critical evaluation of existing anti-corruption measures in India. The approach should be to first acknowledge the multi-pronged strategy adopted, then analyze the limitations of each measure, providing justifications for their ineffectiveness. Focus on systemic issues, implementation gaps, and evolving forms of corruption. Structure the answer by categorizing the measures (legal, institutional, social) and evaluating each. Conclude by suggesting a holistic approach focusing on prevention rather than just punishment.

Model Answer

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Introduction

Corruption, a pervasive challenge to good governance, continues to plague India despite decades of efforts to curb it. While a robust framework of laws, institutions, and social mechanisms has been established – including the Prevention of Corruption Act, 1988, the Right to Information Act, 2005, and the establishment of bodies like the Central Vigilance Commission – corrupt practices persist and even evolve. This suggests a fundamental disconnect between the intent of these measures and their actual effectiveness, necessitating a critical evaluation of their shortcomings and the underlying systemic issues. The recent Transparency International’s Corruption Perception Index (CPI) 2023, where India ranks 93rd out of 180 countries, underscores this continuing challenge.

Legal Mechanisms: Limitations and Justifications

The legal framework, while comprehensive, suffers from several weaknesses:

  • Delayed Justice: Prolonged trials under the Prevention of Corruption Act, often exceeding 10 years, diminish deterrence. The lack of specialized courts and inadequate infrastructure contribute to this delay.
  • Low Conviction Rates: Despite numerous investigations, conviction rates remain abysmally low (around 6-7% as of 2022, based on National Crime Records Bureau data). This is often attributed to weak prosecution, lack of evidence, and political interference.
  • Limited Scope: Existing laws often focus on bribery and pecuniary gain, failing to adequately address issues like crony capitalism, influence peddling, and abuse of power.

Institutional Mechanisms: Shortcomings in Implementation

Institutions designed to combat corruption face challenges related to autonomy, resources, and effectiveness:

  • Central Vigilance Commission (CVC): While the CVC plays a crucial role in overseeing investigations, its lack of statutory powers and dependence on the government for resources limit its independence.
  • Lokpal and Lokayuktas: The Lokpal, established in 2019, has faced challenges in its functioning due to a lack of infrastructure and adequate staffing. The effectiveness of Lokayuktas varies significantly across states.
  • Vigilance Cells: Often lack the necessary authority and resources to effectively investigate high-profile cases, particularly those involving politically influential individuals.

Social and Technological Measures: Addressing the Symptoms, Not the Root Cause

Measures like RTI and a vibrant media play a crucial role in exposing corruption, but their impact is limited by:

  • RTI Limitations: Information access is often delayed or denied, and the Act is not effectively utilized by citizens due to lack of awareness and bureaucratic hurdles.
  • Media’s Role: While the media exposes corruption, sensationalism and a lack of in-depth investigative journalism can sometimes undermine its credibility. Furthermore, media ownership and political affiliations can influence reporting.
  • Code of Conduct: Codes of conduct for civil servants often remain on paper, lacking effective enforcement mechanisms and a culture of accountability.

Evolving Forms of Corruption & Systemic Issues

The nature of corruption is evolving, requiring a more nuanced approach:

  • Crony Capitalism: The nexus between politicians, bureaucrats, and businesses leads to preferential treatment and unfair advantages, often escaping the purview of traditional anti-corruption laws.
  • Digital Corruption: The increasing use of technology has created new avenues for corruption, such as online bribery and manipulation of digital records.
  • Systemic Issues: Root causes like weak governance, lack of transparency, complex bureaucratic procedures, and a culture of impunity contribute to the persistence of corruption.
Measure Effectiveness Justification for Ineffectiveness
Prevention of Corruption Act, 1988 Limited Delayed trials, low conviction rates, narrow scope
Right to Information Act, 2005 Moderate Delays in information access, bureaucratic hurdles, lack of awareness
Central Vigilance Commission Moderate Lack of statutory powers, dependence on government
Lokpal & Lokayuktas Low (currently) Lack of infrastructure, staffing, and independence

Conclusion

While India has implemented a range of measures to combat corruption, their effectiveness remains limited due to systemic issues, implementation gaps, and evolving forms of corrupt practices. A shift towards a preventative approach, focusing on strengthening governance, promoting transparency, simplifying procedures, and fostering a culture of integrity, is crucial. Investing in technology for better monitoring and accountability, empowering citizens through greater access to information, and ensuring the independence and effectiveness of anti-corruption institutions are essential steps towards achieving a corruption-free India. Furthermore, political will and a sustained commitment to ethical governance are paramount.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Crony Capitalism
An economic system in which success in business depends on close relationships between business people and government officials. It may be manifested in the form of favoritism in dealings, licensing, and awarding of contracts.
Influence Peddling
The act of using one's influence or position to obtain favors or advantages for oneself or others, often involving unethical or illegal means.

Key Statistics

India’s rank in Transparency International’s Corruption Perception Index (CPI) 2023 is 93 out of 180 countries.

Source: Transparency International, 2023

As of 2022, the National Crime Records Bureau (NCRB) reported a conviction rate of approximately 6-7% in corruption-related cases.

Source: National Crime Records Bureau (NCRB), 2022 (knowledge cutoff)

Examples

2G Spectrum Scam (2010)

This scam involved the allocation of 2G mobile spectrum licenses at undervalued prices, resulting in a loss of approximately ₹1.76 lakh crore to the government. It highlighted the nexus between politicians, bureaucrats, and telecom companies.

Frequently Asked Questions

Why are conviction rates in corruption cases so low in India?

Low conviction rates are primarily due to weak prosecution, lack of concrete evidence, political interference, lengthy trial procedures, and the difficulty in proving intent in corruption cases.

Topics Covered

EthicsGovernancePublic AdministrationCorruptionAccountabilityTransparency