strategies to combat corruption in india with special...

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Strategies to Combat Corruption in India with special Reference to Jammu and Kashmir.

Dr Rachna Dutt Goswami. Asstt. Professor J&K Institute of Management & Public Administration Jammu.

ABSTRACT

India is mentioned amongst the corrupt nations of the world by the Transparency International Corruption Perception Index (2010). In last few years lot of misappropriation of public money has taken place. Elimination of corruption is not only a moral imperative but an economic necessity. India being one of the growing economies has habitations which lack electricity, drinking water, health and education facilities. Common man feels frustrated with the corruption in governance and is protesting in many violent and non violent ways. In this paper some strategies to control corruption will be discussed. Impact analysis of Legislations like Prevention of Corruption Act, Lokpal Bill and Lokayuktas i.e. Ombudsman, Right to Information Act and Public Service Delivery Guarantee Act will be highlighted. For this study two hundred officers of Jammu and Kashmir Administrative services were interviewed through questionnaire. The study focuses on the impact of various Laws and Legislations as strategies in fighting corruption. It highlights how better accountability and more transparency can contain corruption and improve public service delivery mechanism. Furthermore it analyses role of civil society in combating corruption. Key words: Corruption, Legislations, Transparency, Accountability, Governance, Civil Society. Introduction:

India is mentioned amongst the corrupt nations of world by Transparency International Corruption Perception Index (2010).In India 41.6% of population lives on $ 1.25 a day and 75.6% population lives on $ 2.00 a day according to World Bank Report1. Achieving Millennium Development Goals still remains a challenge before the country. However many flagship projects like National Rural Employment Guarantee Act, Sarva Shiksha Abhiyan for elementary education, National Rural Health Mission for rural health and JNNURM for urban infrastructure are being implemented. Government of India has launched National Rural Livelihood Mission (NRLM), which is world’s largest poverty reduction initiative of approximately US $ 7.7 billion2. The mission aims to reach 350 million people and help achieving MDG on nutrition, gender and poverty. Such flagship programmes along with an average economic growth rate of more than 7% for over a decade on one hand and population without basic civic amenities on the other remains a reality for the nation. The corruption in India is biggest threat for overall development. Some of recent cases of corruption are-

1. Satyam Scam 2008, Rs 10,000 crore (USD 2.04 billion) 2. Army Ration Pilferage Scam 2008, Rs 5,000 crore (USD 1.02 billion )

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3. Jharkhand Medical Equipment scam 2009,Rs130 crore (USD 26.5 million)

4. Rice export scam 2009, Rs 2,500 crore (USD 500 million) 5. Orissa mine scam 2009, Rs 7,000 crore (USD 1.42 billion) 6. Madhu Koda mining scam, Rs 4,000 crore (USD 800 million) 7. 2G spectrum ,1.76 lakh crores (USD 35 billion) 8. Common Wealth Games 2010,Rs 8000 crores, (USD 1.6 billion)

All these misappropriation of public money has increased illicit financial

flows. It is unfortunate that a country with an acute need for capital should be one of the world’s largest exporters of illicit capital, amounting to alarming sum of US $ 213 billion over the period 1948-2008 and if compound interest on these assets is calculated then it amounts to US $ 462 billion3. According to data provided by the Swiss Banking Association Report (2006) India has more black money than the rest of the world combined4. Over the years nexus between politicians, bureaucrats, corporate houses, and businessmen has siphoned public money.The fruits of development have not shown the desired impact on life of a common Indian. Corruption, inefficiency, delays are hindrances in effective service delivery. A common man pays for receiving public services which otherwise is his/her right. Many strategic steps for combating corruption have been taken like introduction of legislations, amendments to exiting legislation, awareness of masses, vibrant civil society, independent evaluation organizations, media along with international organizations. Strategies to combat corruption Some of important strategies to combat corruption are -

� Legislations/Acts � Systemic Reforms � Civil Society and Media.

The paper discusses important legislations, implementation aspects and

contribution of civil society in checking corruption. Legislations like Prevention of Corruptions Act 1988, Lokayukta Act, Jammu and Kashmir Accountability Commission Act 2002, Right to information Act 2005 and Public Service Guarantee Act are legal provision to check corruption in India.

A glance at the regional legislation gives the following Acts/Rules.

1. The J&K Prevention of Corruption Act 1949 A.D 2. The Prevention of Corruption( Amendment) Act 2006 3. The J&K Public Men and Public Servants Declaration of assets and other

Provisions Act, 1983. 4. The J&K Criminal Law (Amendment) Act, 1958 5. The J&K Govt employees (Conduct) Rules 1971 6. Ranbir Penal Code (Relevant Section) 7. Right to Information Act,2004, 2009 8. The Jammu and Kashmir Public Services Guarantee Act 2011.

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Another important public action is available in the role of civil society and media. Over the years in India electronic and print media has contributed by exposing, creating opinions, providing platform for common man to contribute and share experiences as amateur reporters. The biggest strategy is awareness generation on any issue. Non Governmental organizations or voluntary organizations: Parivartan, India against Corruption, Mazdoor Kisan Shakti Sangathan, Public Affairs Centre, and Transparency International contribute extensively in highlighting corruption issues. Social activists, reformists like Anna Hazare, the Gandhian who is leading the Jan LokPal Movements pressurized coalition Government of UPA to make changes in Lok Pal/ Ombudsman Bill which is pending in Indian Parliament for last 42 years. Similarly in Jammu and Kashmir civil society organizations like Sangarsh RTI JK (Right to Information Jammu and Kashmir) and RTIJK Movements (Right to information Jammu and Kashmir) are involved in interacting with government over various corruption/ anti-corruption efforts. Salient features of Important legislations/Acts

There are many legislations in India which deal with corruption cases including Indian Penal Code 1860, The Prevention of Corruption Act 1988, the Benami Transactions (Prohibition) Act 1988, The Prevention of Money Laundering Act 2002. Along with these Indian laws, India is also a signatory to the UN convention against corruption since 2005. Some important legislation are discussed below- 1) Indian Penal Code 1860

� The IPC defines public servant as a government employee, Officers in the militancy, Navy or Air Force, Police, Judges, officers of Court of Justice, any local authority established by a Central or a State Act”.

� Indian Penal Code Section 169 explains that a public servant unlawfully buying or bidding for property shall be punished with simple imprisonment for maximum two years and fine or both. The property can be confiscated.

� Indian Penal Code Section 408 explains that if there is criminal breach of trust in respect of the property (entrusted to him/her) he/she shall be punished up to seven years and fine.

2) The Prevention of Corruption Act, 1988

� The Prevention of Corruption Act 1988 also includes public officials involved in electoral roll or conduct election, office bearer of cooperative societies received/receiving any financial aid, Chairman, member or employee of any service commission, Vice Chancellor and any other employee of the university, office bearer or an employee of an educational, scientific, social or cultural institutions, which has received/receiving any financial assistance from the central/state Govt./Local or other public authority5.

� A public servant taking gratification other than legal remuneration in respect of an official act …. “shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine”6. The act also penalizes public servant for taking gratifications for exercise of personal influence with public servant.

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� Taking valuable thing without paying or paying less from anyone having connection with official functions …. Shall be punishable not less than six months but which may extend to five years and …. Shall be liable to fine7.

� Under the Act the Central Government or the State Government appoint special judges to try the offences.

� It is necessary to seek prior sanction for prosecution of a public servant from the central government/state government or any other competent authority8.

3) The Lokayuktas/The Jammu and Kashmir Accountability

Commission Act 2002.

� The Jammu and Kashmir Accountability Act 2002 is to provide a just, responsive and clean administration. It may enquire into allegations and grievances against public men and persons holding civil posts in the state at all levels.

� The allegation can be regarding corruption, favouritism, nepotism or lack of integrity, abused or misused his position to obtain any gain or favour9.

� Procedure in respect of inquiries as explained in section (13) sub section 2 says that inquiry shall be conducted by the chairperson and the members, jointly10.

� Accountability Commission as explained in Section 21(2) shall in its report recommend to the competent authority concerned that such injustice or hardship shall be remedied or redressed11.

� The competent authority shall take action within 90 days from the receipt of report from the commission.

4) The Jammu and Kashmir Right to Information Act 2004,2009.

The Right to Information act gives right to common man to seek information from public authorities. Some of the important features are:-

� Right to Information Act empowers every citizen to ask questions from the

Government or seek any information, take copies of any documents, inspect any government works, document, records and take samples of materials of any government work12.

� Every Public Authority has to make certain proactive disclosure….. Particulars of its organizations, duties, functions, powers of its officers…. Procedures to be followed in decision making process….. Records under control…..budget allocated to each of its agencies, particulars of all plans, proposed expenditure and reports of disbursements13.

� Designation of officers as Public Information officers and Assistant Public Information Officer14.

� Time Limit to provide Information is thirty days15. � For grievance redressal Appellate Authorities (generally administrative heads

of organizations) have been designated and second appeal is with Central Information Commission or State Information Commission16.

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5) The Jammu and Kashmir Public Services Guarantee Act 2011.

The Jammu and Kashmir Public Services Guarantee Act 2011 is framed to increase efficiency in public service delivery. Some of the important features are:

� Every person shall have right to have access, receive public services within specified time limit, in a transparent manner, hold the concerned designated officer accountable for any service deficiency, seek compensation17.

� It is obligatory on the designated officer to provide public services to the eligible persons within time specified18. A brief is given below

S. No.

Department Designated officer Time period

1. Consumer Affairs and Public Distribution

Tehsil Supply Officer

7 to 30 days

2. Power Development Department

Assistant Executive Engineer/Executive Engineer

30 to 45 days

3. Public Health Engineering Executive Engineer 15 to 30 days 4. Revenue Department Assistant

Commissioner Revenue /Tehsildar

10 to 30 days

5. Transport Regional Transport Officer

15 to 30 days

6. Housing & Urban Development Department

Registrar/ Health Officer /Secretary of Srinagar, Jammu Development Authority

15 to 30 days

� There is a provision for filing appeal under section 6 of the Act and second appeal under section 7 of the Act.

� A penalty can be imposed on the designated officer for not providing service in specified ways : (i) Rs. 250 for each day of such delay or Rs. 5000.00 (ii) Rs. 2000 in each of deficiency in service19.

Objective:-

The objective of the study is to evaluate strategies to control corruption in India and Jammu and Kashmir in particular. The study focuses on various laws and legislations as strategies in fighting corruption. It also analyses the implementation issues. It highlights how better accountability and more transparency can contain corruption and improve service delivery mechanism. The study also evaluates role of civil society and citizen at large in combating corruption.

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Political and bureaucratic corruption is a harsh reality. It is known that Public administration is a sub-system of the political system. Indian administration holds a vital position while studying corruption in Indian governance. The study focuses on what are the opinions/perceptions of civil servants regarding strategies to combat corruption. Hypothesis:-

It is proposed that the country has a well developed legal framework to combat corruption .It has been less effective due to poor implementation. Furthermore, the legislations for bringing better transparency and accountability are effective tools for increasing efficiency of public services and checking the corrupt. It is also proposed that vibrant role of civil society is an important strategy to combat corruption in Indian democratic governance. Previous Researches:-

A review of previous researches reflects that corruption is an important issue in today’s world. Economic and social progress, the role of law, democratic values, and strong civil society are basic requisites to buildings a national integrity system to sustain a fight against corruption (Langseth, 1999)20. In another research study on role of civil society in combating corruption in India, it is explained as the pace and direction of the developmental efforts is shaped by the umbilical relationship between the state and civil society (Sondhi, 2000)21. In an article participation of civil society in government programmes is critically linked with good governance and effective delivery of government services. It is argued that the role of social audit can improve the processes of government spending. (Rai, 2011)22. In background paper on improvement of public service delivery systems- Challenges of the hour, Citizen’s charter and public grievances mechanism are considered to be fundamental requisites (Priya,2011 )23. Focusing on effective implementation of Right to Information Act at the district level the study examines the issues faced from the demand and supply side(Jain, 2010)24. Another study on transparency and corruption investigated that making political institutions more transparent is an effective method for combating corruption(Lindstedt and Naurin, 2010)25.In a recent study have elaborated corruption issues in India along with highlighting how a simple man has transformed into face of India’s fight against corruption. The Gandhian made state Bow to street Power (Thakur and Dutta, 2011)26. It is evident from earlier researches that corruption is an important areas of study in present democratic governance. The present research explores legal dimensions of corruption along with role of civil society in complex web of action and interaction between administration, political system and larger social system in world’s largest democracy. METHODOLOGY:-

The methodology adopted for the present research study is empirical method. Senior officers who head different departments at district level of Jammu and Kashmir Government were interviewed. A questionnaire was developed to seek their opinion on the topic of study. The questionnaire was circulated to two hundred officers of districts of Jammu division. Responses were received from 186 officers.

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After interpretation the data was analyzed and observations made on strategies to combat corruption in India. DATA INTERPRETATION

In this research study data is collected by developing a questionnaire,

consisting of various questions on corruption, important sections of concerned legislations, implementation dimension, civil society and administration. The officers were given five options and had to select one. In India corruption charges are framed under Indian Penal Code (Section 189, 408) and Prevention of Corruption Act 1988. The officers were asked that Prevention of Corruption Act 1988 is a strong tool to check bribery and corruption. The responses of officers are given in table No. 1.

Options Strongly agree

Agree Partially agree

Disagree Strongly disagree

No. of responses 57 83 26 11 9

Percentage of responses

30.6% 44.8% 13.9% 5.9% 4.8%

Table No: 1 The table explains that 30.6% officers strongly agreed, 44.8% officers agreed and 13.9% officers partially agreed where as 5.9% officers disagreed and only 4.8% officers strongly disagreed with the statement that Prevention of Corruption Act is a strong legislation to check corruption in India. Thus, it is interpreted that majority officers consider the present Prevention of Corruption Act to be a strong legislations. Influencing investigation process through investigating agency

Corrupt public servants indulge in misappropriation of public money, take bribes for discharging duties, misuse their authority and position and this way collect lot of money and assets. If they are caught they use the money and connections to influence investigation process. It is a nexus between politicians, civil servants, industrialists, contractors etc. The officers were asked that public servants try to influence investigation process through investigation agency (police).The responses are given in table No 2.




No. of responses 61 89 22 14 _


32.8% 47.8% 11.8% 7.6% _

Table No: 2

The table above explains that 32.8% officers strongly agreed, 47.8% officers agreed, 11.8% officers partially agreed and 7.6% officers disagreed that corrupt civil servants try to influence the investigation process so that charges against them are not proved. It is interpreted that majority of officers are of the opinion that corrupt

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officers try to save themselves by influencing investigating agency. It reflects the weak links in implementation of legislations in the country and hence poor conviction rate.

Punishments under prevention of Corruption Act

There are scams or corruption cases involving misappropriation of billions of dollars or crores of rupees which is loss to public exchequer. What is the Quantum of punishment to such people? The officers were asked that six months to 5 years imprisonment and fine is an appropriate punishment under the Act. The responses received are explained in table No. 3






16.6% 62.5% 11.8% 6.9% 2.2%

Table No: 3

The table above explains that 16.6% strongly agreed, 62.5% agreed, 11.8% officers partially agreed however, only 6.9% officers disagree and only 2.2% strongly disagree. With the statement that a maximum of 5 years of punishment and fine is an appropriate punishment for fences which fall under The Prevention of Corruption Act 1988. It is interpreted that majority of officers agree that quantum of punishment under the present legislation is appropriate. ` Prior Sanction from the competent Authority Prevention of corruption Act section 19 (1) lays down that before filing a legal case the Vigilance Organization has to obtain a sanction from the competent authority of a government servant. Officers were asked that obtaining a prior sanction from the competent authority is a relevant feature of the act. After evaluating all the answers the responses are explained in table No. 4.






12.9% 60.2% 17.3% 8.6% 1%

Table No: 4

The table explains that 12.9% officers strongly agree and 60.2% agree and 17.3% partially agree with the statement that obtaining prior sanction from competent authority is a relevant section of the Act. Only 8.6% officers disagreed and 1% strongly disagreed. It is interpreted that officers are of the opinion that it is necessary to obtain prior sanction from the competent authority before prosecution of officers. However, Second Administrative Reforms Committee has recommended it should not be necessary for prosecuting a public servant who has been trapped red-handed or in cases of possessing assets disproportionate to the known sources of income27.

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Implementational Gaps

Past experiences have reflected poor rate of prosecution of corrupt people. The corrupt are escaping only through the 1oopholes available in the law28. In majority of corruption cases, a logical end (which is punishment to the accused) is difficult due to some technical weaknesses or delays in implementing recommended actions. In some of the cases in Jammu and Kashmir the competent authorities delayed the implementation and waited for the employees to retire and avail all retirement benefits. The officers were asked corruption cases fail to reach a logical end due to some technical weaknesses or delays in implementing recommendations. The responses are given in table No. 5.




No. of responses 36 115 23 12 --


19.3% 61.8% 12.4% 6.5 --

Table No 5

The table explains that 19.3% officers strongly agree and 61.8% agree, 12.4% officers partially agreed that technical weaknesses, delays in implementation are reasons for failure of corruption cases. Only 6.5% disagreed with the statement. It is interpreted that majority of the officers agreed that there are implemental loopholes which are responsible for poor rate of prosecution. Second Administrative Reforms Commission also recommends speeding up trials under the Prevention of Corruption Act29.

Role of Lokayuktas. (Ombudsman State level)/Accountability Commission

Lokayuktas were established in States with an objective of providing a just, responsive and clean administration. Only 18 States presently have this Ombudsman at State level. Experiences of its functioning reveal it i.e. more successful in States like Andhra Pradesh, Madhya Pradesh and Karnataka. The officers were asked that the Lokayuktas/Accountability Commission has bee able to provide just, responsive and clean administration to the people. The responses are given in Table No. 6.






20.5% 50% 21% 7.5% 1%

Table No. 6

The table above explains that 20.5 % officers strongly agreed and 50% officers agreed with the statement while 21% partially agreed. However 7.5% disagreed and only 1% strongly disagreed. It leads to interpretation that majority of officers agreed that Lokayuktas and specially Accountability Commission in Jammu and Kashmir has been instrumental in providing just, responsive and clean

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administration to people. Lokayukta has successfully provided relief to a number of complainants concerning grievances cases arising out of maladministration30. Success of Accountability Commission The Accountability Commission established under Jammu and Kashmir Accountability Act 2002 has not been able to establish itself as the strong anti corruption institution. The Commission remained headless from 2008 to 2011. The officers were asked about Accountability Commission has been successful is checking corruption in the State. The responses are given in Table No.7.






11.3% 31.7% 36% 16.2% 4.8%

Table No. 7

The table explains that only 11.3% officers strongly agree and 31.7% agree whereas majority 36% partially agreed that Jammu and Kashmir Accountability Commission has been successful in checking corruption. There are 16.2% and 4.8% officers who feel that it has not been so successful. It reflects that a vacuum of three yeas in functioning of such a body is the reason for decrease in its effectiveness. It also leads towards analyses that implementation of legislation are weak. However, it is interpreted from the responses that majority of officers consider Accountability Commission as an organization is strong body. Conduct of Inquiries by Lokayuktas and Jammu and Kashmir Accountability Commission. As per section 13(2) of Jammu and Kashmir Accountability Commission Act 2002 the inquiry shall be conducted by the chairperson and the members. However if desired the services of investigating agencies can also be asked for. Thus, the investigating agencies have no or a limit role to play in inquiries. It increases efficiency and decreased involvement of other agencies. The officers were asked the Commission conducts the inquiries itself this avoids involvement of investigating agencies like police etc. It is a vital step to check corruption. The opinions of officers are given in Table No. 8.






19.9% 43.5% 21.6% 11.3% 3.7%

Table No. 8

The table explains that 19.9% officers strongly agreed, 43.5% officers agreed ,21.6% officers partially agreed with the issue that conduct of enquiries by Lokayukas/Accountability Commission avoids involvement of traditional

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investigating Agencies. It saves time as fewer agencies are involved. It is interpreted that majority of officers opined that inquiries conducted by an independent agency like Lokayuktas and Accountability Commission is considered to be effective anti corruption strategy. Recommendatory Role of Accountability Commission or Lokayukas The Jammu and Kashmir Accountability Commission Act section 21(2) and the Himachal Pradesh Lokayukta Act 1983 section 12(b) explains that the Commission shall by report in writing communicate his findings and recommendations to the competent authority. It means that the punishment is to be given or implemented by competent authority and commission has no powers to implement the punishment. The officers were asked that such a recommendatory role weakens the power of Commission as a body to check corruption. The replies are given in the table No. 9.






18.3% 38.2% 23.2% 18.3% 2%

Table No 9

The table explains that 18.3% officers strongly agreed, 38.2% agreed and 23.2% officers partially agreed, whereas only 18.3% disagreed and only 2% strongly disagreed with the statement that recommendatory role of Lokayukta and Accountability Commission weakens the powers of the Commission as a body to check corruption. It is interpreted that majority of the officers opined that recommendatory role of Accountability Commission weakens its powers. Delay in action by Competent Authority/ Role of Competent Authority

If a pubic men/public servant indulging in corruption are punished them only such bodies are considered to be effective. Justice Santosh Hedge speaking in a workshop on Fighting Corruption, 8th Dec 2010 said, if a person found guilty of corruption is punished immediately then it would have cascading effect on other officers”. The recommendations of Lokayukta and Accountability Commission of Jammu and Kashmir have to be implemented by Competent Authority i.e. the Governor or Chief Minister as the case may be. Often there are delays in actual implementation of punishment. The officers were asked that recommended action against public men and persons holding civil posts are delayed by competent authority.

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The responses are given in Table No. 10.






15.6% 45.7% 23.2% 10.7% 4.8%

Table No. 10

The table explains that 15.6% officers strongly agreed, 45.7% officers agreed, 23.2% officers partially agreed, whereas 10.7% disagreed and only 4.8% strongly disagreed with the statement that action against public men and civil servants are often delayed by competent authority . It is interpreted that a majority of officers are of the opinion that often the action against public, men and persons holding civil posts is delayed by the competent authority. The corrupt people have political or administrative links however the nexus between these influential and rich dilutes the impact of strong legislations or laws. Right to Information and Transparency Right to Information Act has introduced a regime of openness and transparency. It has established a process of seeking information as a matter of right. It is a historic step towards transparent and accountable governance. Its impact is visible with the exposé of corruption cases of enormous financial implications. Right to information is being used by common Indian for day to day administrative issues. In Jammu and Kashmir in last two years 7328 applications were received and 6184 were disposed within the time frame, only 560 applications were disposed off with delay31 .The officers were asked that right to information has initiated a new culture of openness and transparency in administration. The replies are given I table No 11.




No. of responses 79 92 15 -- --


42.5% 49.5% 8% - -

Table No. 11

The table depicts that 42.5% officers strongly agreed, 49.5% agreed and 8% partially agreed with the statement. There was not a single officer who disagreed with the issue that Right to Information has initiated a new culture of openness and transparency. Therefore it is highlighted that a big majority of 92% officers believed that Right to Information has initiated a new culture of openness and transparency in administration.

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Empowerment of Common Masses

Right to Information Act has empowered common masses to ask questions, seek information, inspect records, take samples of construction works. It empowers common Indian to look into administrative functioning and make them accountable. Many corrupt practices like Adarsh Building which was meant for families of martyrs of Kargil was exposed with a simple Right to Information application. Empowerment of common masses is a positive step towards accountable, effective and efficient administrative systems and work culture. The officers were asked that Right to Information has empowered common masses, the response are expressed in table No. 12.




No. of responses 51 103 24 8 -


27.4% 55.4% 12.9% 4.3% -

Table No. 12 The table explains that 27.4% officers strongly agreed, 55.4% officers agreed, 12.9% partially agreed whereas only 4.3% disagreed with the statement that Right to Information has empowered common masses. It is interpreted that a large majority of officers are of the opinion that Right to Information has empowered common masses. It gives the power to ask questions, seek information. The shield of secrecy has been replaced with openness, transparency and accountability. Accountability in Public Service Delivery Right to Information Act has been instrumental not only in exposing collusive corruption but also coercive corruption where a citizen pays money to get services which are due to him/her. Public service authorities providing driving licenses, electricity connections, water connections, pensions, scholarships, health services, revenue records and ration cards etc indulge into such type of corruption. It is important to know the perception of officers that Right to Information is a strong tool to bring accountability in public service delivery. All the responses are given in table No. 13




No. of responses 78 94 14 - -


41.9% 50.5% 7.6% -- --

Table No. 13

The table explains that 41.9% officers strongly agreed, 50.5% agreed and only 7.6% partially agreed with the statement that Right to Information is a strong tool to bring accountability in public service delivery. It is found that all the Officers are of the opinion that Right to Information is a strategic action in bring accountability in pubic service delivery.

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Old mind set of maintaining secrecy

Indian administrators used to maintain secrecy under official secrete Act 1923 Section (5). After Right to Information Act 2005 everything has suddenly charged for them. Is this transition from secrecy to openness and transparency so easy? Perhaps not, but a strong and citizen friendly Act, contribution of media, civil society, awareness and citizen initiatives has been effective in implementing the philosophy and content of the act amongst government and its instrumentalities including the officers. It was asked from officers that pubic authorities still have old mindset of maintaining secrecy. The responses are given in table No. 14.






13% 52.2% 25.8% 8% 1%

Table No. 14 The table reflects that 13% of officers strongly agreed, 52.2% officers agreed and 25.8% officers partially agreed, however only 8% disagreed and 1% strongly disagreed with the statement that public authorities still have old mindset of maintaining secrecy. Hence it is analyzed that majority of the officers are of the opinion that officers still have old mindset of maintaining secrecy. Hindrances in providing Information

Government is the biggest generator, possessor and disseminator of information in a country with 1.2 billion populations. Providing of information is to be facilitated by effective Record Management, E-government. Public Information Officers and public authorities experience certain impediments in implementing the Act. One of the recommendations of the conference of CIC is creation of E-Districts32. The officers were asked that poor record management, lack of e-governance is hindrances in providing information to citizens. The responses are explained in the table No. 15.




No. of responses 74 90 15 7 --


39.8% 48.4% 8% 3.8% --

Table No. 15 The table reflects that 34.8% officers strongly agreed, 48.4% agreed, 8% partially agreed whereas only 3.8% disagreed with the statement. It is gathered that majority of officers expressed that poor record management and lack of e-governance obstruct flow of information to a citizen. Apart from some sporadic initiatives, the maintenance and retrieval systems for official records are primitive in our country33.

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Quality of Information provided

Citizen will be satisfied if the information received is what is demanded. Citizen’s experiences have revealed that poor quality of information is provided. Information is partially given, inadequate, or either incomplete. PWC Final Report highlights that more than 75 per cent of the citizens are dissatisfied with the quality of information being provided34.The officers were asked that poor quality of information is provided to the citizen/ applicant. The responses are displayed in table No. 16 below:-






8% 22.6% 31.7% 34.5% 3.2%

Table No. 16

The table reflects mixed responses from officers, 8% officers strongly agreed, 22.6% agree, 31.7% partially agreed, whereas 34.5% disagreed and 3.2% strongly disagreed. It is figured that some officers opined that quality of information is poor however, majority of officers expressed that quality information is provided. Misuse of Right to Information

An analysis of problems from supply side of information reveals that at times people demand information to satisfy personal doubts or ask irrelevant information, do not turn up to pay the amount asked to deposit for taking photocopies etc. This causal approach wastes precious time and energy of government officials. The officers were asked about people sometimes demand frivolous or bogus information. The responses are shown in Table No. 17.






15.7% 65% 11.4% 6.9% 1%

Table No. 17

The Table explains that majority of officers 65% agreed, 15.7% strongly agreed, 11.4% partially agreed whereas only 6.9% disagreed and 1% strongly disagreed. Thus it is evaluated that majority of officers expressed that sometimes frivolous information is asked for. Administrative Reforms Commission 2006 recommended that the PIO may refuse a request for information if the request is manifestly frivolous or vexatious35. The recommendations have been accepted partially36.

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Pro-active disclosures

Section 4 of Right to Information Act lays down that all public authorities must proactively publish and disseminate some important information including details of service they provide, organizational structure, their decision making norms, categories of records held etc. In Jammu and Kashmir not all public authorities have made these pro-active disclosures. The officers were asked that public authorities have not made pro-active disclosures. The responses are explained in table No. 18.






7.5% 59.7% 20.5% 10.7% 1.6%

Table No. 18 The table explains that majority of officers 59.7% agreed, 7.5% strongly agreed and 20.5% partially agreed whereas 10.7% disagreed and only 1.6% strongly disagreed with the statement that public authorities have not made pro-active disclosures. Thus it is interpreted that majority of officers expressed their opinion that public authorities have not made pro-active disclosures to facilitate flow of information. Protection to whistle blowers Corruption flourishes on nexus between politicians, bureaucrats, big businessmen, contracts etc. Right to Information became a mechanism to expose such acts. Many organizations and activists starting seeking information. In the process of exposing misdoings of people in power and positions they were attacked by affected parties. There is a need to provide protection and safety to such people who stand against the rich, influential, connected, corrupt people in Government. The officers were asked that Activists / whistle blowers need to be protected through legislation for transparent governance. The replies are expressed in table No. 19.






31.8% 46.8% 12.9% 6.9% 1.6%

Table No. 19 The table explains that 31.8% officers strongly agreed, 46.8% agreed, 12.9% partially agreed whereas 6.9% disagreed and 1.6% strongly disagreed with the issue. It is figured that majority of officers expressed that activists /whistle blowers should be protected through legislation. Such legislation is being introduced in Indian Parliament in winter session.

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Public Services Guarantee Act Some of the progressive state legislatures passed Public Services Guarantee Act. Jammu and Kashmir legislature passed this act in April, 2011. The Act aims to increase efficiency in delivery of public services to citizens’. Public authorities with large public interface like Revenue, Water Supply, Electricity, Transport and Consumer Affairs and Public Distribution are covered initially. Mr Omar Abdullah, Chief Minister Jammu and Kashmir, said “I want every citizen to know about his rights to get the public service and the concerned officials their duties to deliver it within the prescribed time frame”37. The officers were asked about public service guarantee Act will bring efficiency in administrative functioning.

The responses are discussed in Table No. 20.






27.9% 61.9% 7% 2.2% 1%

Table No 20 The table explains that 27.9% officers strongly agreed, 61.9% officers agreed, 7% officers partially agreed whereas 2.2% disagreed and only 1% officers strongly agreed. The inference is drawn that majority of officers opined that legislation of Public Service Guarantee Act which empowers citizen to receive services in time frame will improve efficiency in administration. Accountability of Public Servants

The Jammu and Kashmir Public Service Guarantee Act Section 5 (1) explains that it shall be obligatory on the designated officers to provide public services to the eligible persons within time specified holds the officer accountable for service deficiency. This provision fixes responsibility on particular officer. It is a check on passing the buck syndrome, favoritism, red tape etc. The state is about to display hoardings giving every detail of services with time frame along with appellate authorities. The officers were asked that the provision of holding the officer accountable for service deficiency actually fixes the responsibilities. The responses are given in table No. 21.






18.8% 60.2% 17.2% 3.3% 0.5%

Table No. 21

The table explains that 18.8% officers strongly agreed, 60.2% agreed, 17.2% officers partially agreed however, only 3.3% disagreed with a very small 0.5% officers strongly disagreed with the issue that provision of holding the officer

18

accountable for service deficiency actually fixes the responsibility. A strong political will has been displayed by introducing his legislation and followed by review of imp lamenting it on the ground. However, certain steps are needed to be taken by respective organization for effective implementation. It is interpreted that majority of officers agreed with the statement that making it obligatory for officers to provide services makes them accountable and fixes responsibility. Compensation to citizen

The Jammu and Kashmir Public Service Guarantee Act 2011, Section 11 explains that if designated officers has failed to provide service, then a fine of Rs 250 for each day of delay or Rs 5000 which ever is less can be imposed for not providing service and Rs 2000 in case of deficiency in service38.The officers were asked that A citizen can seek compensation if not provided services or there is deficiency in service is an important feature. The responses are given in table No. 22.






20% 49.5% 17.3% 19.2% 1%

Table No 22 The table shows that 20% strongly agreed, 49.5% agreed, 17.3% partially agreed whereas 19.2% disagreed and only 1% strongly disagreed with the statement that seeking compensation if not provided service or there is deficiency in service is an important feature. It is gathered that majority of officers believe that provision of compensation to citizen for service deficiencies is very important.

Checking corruption in lower bureaucracy

The Act aims to check corruption in lower bureaucracy. The rules framed under section 4 of the act gives details of designated officers, first appellate and second appellate authority. Generally designated officers are posted at sub district level. On receiving the application the designated officer shall within specified time limit either provide service or reject the application39. Thus it has facilitated people in rural areas to expresses their grievances by nominating officers closer to them responsible for receiving complaints. The officers were asked that designating officers at Tehsil level has facilitated or made it easy for a villager to express his grievance. The replies are given in table No. 23.






21.6% 64.6% 10.7% 2.6% 1%

Table No 23

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The table explains that 21.6% officers strongly agreed, 64.6% agreed, 10.7% officers partially agreed whereas 2.6% disagreed and only 1% strongly disagreed. Therefore the inference is drawn that majority of officers are of the opinion that designating offices at sub district level has facilitated grievance redressal of people living in villages. Check on favouritism and delays

In Madhya Pradesh Public Service Guarantee Act was passed in September 2010 and in a year 62,14,901 applications were received under this Act40. The number of applications explains the good response in the State. For preventing citizen from harassment, corruption and dissatisfaction the act has made it obligatory on officers to provide services in specified time. In Jammu and Kashmir the quantum of punishment and fine is to be displayed on boards in public offices. The officers were asked favouritism and delay will be checked as it is obligatory on designated officers to provide services in specified time. The replies are given in Table No. 24.






29.1% 61.8% 5.9% 3.3% --

Table No. 24 The table above explains that 29.1% officers strongly agreed, 61.8% officers agreed, 5.9% partially agreed whereas only 3.3% disagreed. Therefore, it is interpreted that majority of officers agreed that favouritism and delays will be checked as this legislation makes delivery of services an obligatory function. Role of Civil Society The citizen’s voice is very important in democratic governance. Citizen’s voices are articulated through civil society and media. Civil society refers to formal as well as informal entities and includes the private sector, the media NGOs, professional associations and informal groups of people from different walks of life41. In India civil society has been instrumental in formulation of Right to Information Act and the present movement lead by Shri Anna Hazare for is for Jan LokPal Bill (Ombudsman). Civil society has contributed to a large extent in fight against corruption. The officers were asked that role of civil society is very important in fighting corruption. The responses are given in table No 25.






56.4% 33.4% 8% 3.2% --

Table No. 25

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The able above explains that 56.4% strongly agreed, 33.4% officers agreed, 8% officers partially agreed whereas only 3.2% disagreed with the statement that role of civil society is very important in fighting corruption. The responses lead to interpret that majority of officers strongly agreed that civil society’s role is very vital in combating corruption. Anna Hazare’s Contribution to Fight Corruption

Anna Hazare has provided leadership to Indians against corruption. Every Indian has suffered due to this menace. When 73 years old selfless Gandhian along with Ms Kiran Bedi former Indian Police Officer, Arvind Kejriwal RTI activist, Member Central Information Commission, Prashant Bhushan, Supreme Court Lawyer launched movement against corruption called India against Corruption whole of the country supported them.. The Gandhian and his team drafted a Jan LokPal Bill (Citizens Ombudsman Bill) which they demand should be discussed in Indian Parliament along with the LokPal Bill drafted by the Government. The website of India against corruption writes we feel that if this Bill were enacted, it would create an effective deterrence against corruption. Anna Hazare started his fast undo death at New Delhi on 5th April, 2011 and after 13 days of fasting government agreed to formulate a Joint Committee to draft a stronger LokPal Bill. Anna Hazare received support from all parts of the country from old, young and even children. People starting protesting in different non-violent ways. The officers were asked if Anna Hazare movement has united common Indian to fight against corruption. The responses are given in table No. 26.




No. of responses 99 72 15 - -


53.3% 38.7% 8% -- --

Table NO 26 The table above explains that 53.3 Officers strongly agree, 38.7% agree, 8% partially agreed with the statement that Anna Hazare’s movement has united common Indian to fight against corruption. It is interpreted that majority of the officers strongly agreed that Indians have united to fight against corruption under the leadership of Anna Hazare. Role of Information and Communication Technology

India against corruption, a non violent movement lead by Gandhian Anna Hazare spread from metropolitan cities to small town. There was live coverage of Fast unto Death which lasted for thirteen days. The movement was covered by print and electronic media. Opinions were given on websites, by messages on mobiles. One can imagine the support and impact of technology that when Annaji, as he is popularly addressed, gave a call to protest in front of residence of Member of Parliaments in support of the Bill it took people only ten minutes to do the same. This is the result of quiet revolution of technology in India. The officers were asked

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that information technology facilitated the recent non-violent movement. The replies are explained in table No. 27.






41.4% 45.7% 9.2% 3.2% 0.5%

Table No. 27

The table explains that 41.4% officers strongly agreed, 45.7% agreed, 9.2% partially agreed, 3.2% disagreed and only 0.5% strongly disagreed with the issue that information technology has facilitated the non-violent movement against corruption. The inference is drawn that majority of officers are of the opinion that information technology facilitated the non-violent movement against corruption. Non-violence protests in democracy India has a rich history of non-violent movement; the recent non-violent movement against corruption was a reminder of Indian freedom struggle. At the time when some of countries have experienced violent movement, India has sent a message to whole of the world that non-violent protests can also bring changes. The most amazing feature was unique ways of protests; singing devotional songs, playing music, lighting candles conducting marches, etc. Perhaps the nation was swayed in the wave of patriotism on the call of a man known for courage, honesty, commitment, integrity and selflessness. The officers were asked that non-violent methods are the best ways to protest or express opinion in a democratic set up. The replies are given in table No. 28.






50.5% 38.2% 6.5% 4.8% --

Table No. 28

The table explains that 50.5% officers strongly agreed, 38.2% agreed, 6.5% partially agreed whereas only 4.8% officers did not agree with the statement that non-violent protests are best method of protest or express public opinion in a democratic set up. It is interpreted that majority of officers gave the opinion that non-violent ways of expression of public opinion are best methods in a democracy. Contribution of Non Government Organization In present system of governance all stake-holders contribute in various ways. There are organizations which conduct research on various important issues concerning common man and government. Transparency International, Public Affairs Centre are such organizations which conduct studies , researches, surveys

22

without bias and contribute by presenting accurate analysis. Media is also a strong pillar of democratic system. Media informs, educates the common masses and exposes the corruption cases. Such agencies are like watch dogs. The officers were asked that independent agencies, non governmental agencies should contribute in a big way to check corruption. The opinions are given in table No. 29.






38.7% 51.6% 8.6% 0.5% 0.5%

Table No. 29

The table above explains that 38.7% officers strongly agreed, 51.6% agreed, 8.6% partially agreed whereas 0.5% officers disagreed and strongly disagreed with the statement those independent agencies, non-government agencies should contribute in a big way to check corruption. It is interpreted that majority of officers gave the opinion that non governmental entities can contribute in checking corruption. Judicial Accountability Judicial corruption or corruption in judicial administration is another form of corruption. It delays in delivery of justice, leading to lot of sufferings on the part of common Indian. To make judges accountable a debate is going on to set up an independent judicial accountability Commission. The officers were asked that corruption in judiciary will be checked/ regulated through an independent judicial accountability commission. The responses are given in table No. 30.






47.4% 47.9% 3.7% 0.5% 0.5%

Table No. 30

The table shows that 47.4% officers strongly agreed, 47.9% agreed, 3.7% partially agreed whereas only 0.5 officers disagreed and strongly disagreed with the statement that corruption in judiciary should be regulated through an independent Judicial Accountability Commission. It is calculated that majority of officers are of the opinion of regulating judicial corruption through an independent Judicial Accountability Commission.

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Data Analysis

An analysis of responses reflects the following important findings:-

The country has strong legislations to combat corruption as The Prevention of Corruption Act. The quantum of punishment which can be given under this Act is appropriate. It is important to seek prior sanction from the Competent Authority before prosecution of the corrupt public men/ public functionaries. However, the officers also agreed that these public men trapped in corruption cases try to influence investigating agency/ agencies to save themselves. It appears to be a weak link in implementation of strong legislation therefore leading to poor conviction rate. Similarly Lokayuktas/ Jammu and Kashmir Accountability Commission is found to be a strong institution to check corruption. It has contributed in providing just, responsive and clean administration. The Commission conducts enquiries itself which has been highlighted as effective anti-corruption strategy. Whereas the recommendatory role of Commission emerged as an issue which causes delay in implementing the action or actually punishing the culprits because competent authorities sometimes delays the recommended action or no action is taken for long time. The responses regarding Right to Information reveal that all of the officers expressed that the act has initiated a new culture of openness and transparency in administration. It has empowered common masses and has emerged to be an effective tool to bring accountability in public services. The officers highlighted some hindrances in the flow of information on the part of information providers like poor record management, lack of e-governance and lack of staff. It sometimes leads to providing poor quality of information. Another implementation gap appears that many public authorities have not made pre-active disclosures. Old mindset of maintaining secrecy is another ground reality. Officers agreed that sometimes frivolous, irrelevant information is demanded due to which normal work suffers. It is gathered from responses that officers also want legislation for protection of whistle blowers and activists. Another important legislation discussed in Jammu and Kashmir Public Service Guarantee act which empowers citizens to receive services in time frame. The officers viewed that it will bring efficiency in administration. Delivery of service to citizen is an obligatory function according to the act, it is highlighted from responses that this provision will make them accountable and fix responsibility. Compensation for service deficiency has been expressed as an important feature. Officers expressed that designating officers at sub-district level for receiving complaints has facilitated grievance redressal of people living in villages and remote areas. It is analysed that Public Service Guarantee Act is perceived as an important legislation and it will bring standardization in public service delivery and decrease coercive corruption. Another important dimension in combating corruption is role of civil society. The officers responses express that majority of officer (89%) agreed that civil society’s role is very vital in combating corruption. The country has united under the leadership of Anna Hazare (the veteran Gandhian) to fight against corruption. The present movement against corruption was facilitated by Information and Communication Technology. Further, non-violent methods of protest are best method of expressing public opinion in democratic governance. Non governmental organizations, independent entities, research centres etc can also contribute in checking corruption.

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Conclusions:

This research has confirmed that country has strong legal framework to combat corruption. However certain implementation gaps exist which needs to be bridged to increase the rate of conviction. The issue is not only punishing the culprit but also recovering huge losses to public exchequer. Right to Information and Public Service Guarantee Act emerged to be effective tools of accountability and transparency in administrative system. These legislations are strategies which can lead to measuring and achieving excellence in public service delivery. Further for smooth flow of information better record management, e-governance and capacity building is needed. It is further concluded that role of civil society is an important strategy to combat corruption in India democratic governance. Hence multi dimensional efforts from all stake holders are required to check corruption in India. End Notes:

1. www.world bank.org, The Diversity of MDG Progress, Global Monitoring Report. 2011.

2. www.world bank.org. M/External/Projects. 3. Thakur Pradeep and Sanjay Dutta, Anna Hazare, The Gandhi of 21st

Century, Mahaveer Publishers, New Delhi 2011, P 89-90. 4. Thakur…..…..opt cited,p-74 5. The Prevention of Corruption Act, 1988, Chapter II Section 2. 6. The Prevention of Corruption Act, 1988, Chapter III Section 7. 7. The Prevention of Corruption Act, 1988, Chapter III Section 11. 8. The Prevention of Corruption Act, 1988, Chapter IV Section 18. 9. Jammu and Kashmir Accountability Act 2002, Section 3 10. Jammu and Kashmir Accountability Act 2002, Section 13(2) 11. Jammu and Kashmir Accountability Act 2002, Section 21(2) 12. The Jammu Right to Information Act 2009 Chapter 1 Section 2 13. The Right to Information Act 2009, the J&K Govt Gazette, 2009 Chapter 2

Section 4. 14. The Right to Information Act 2009, the J&K Govt Gazette, 2009 Chapter 2

Section 5. 15. The Right to Information Act 2009, the J&K Govt Gazette, 2009 Chapter

2 Section 7. 16. The Right to Information Act 2009, Chapter IV Section 16. 17. The Jammu and Kashmir Public Services Guarantee Act 2011, Section 3. 18. The Jammu and Kashmir Public Services Guarantee Act 2011, Section 5. 19. The Jammu and Kashmir Public Services Guarantee Act 2011, Section

11. 20. Langseth, Petter, Preention: An Effective Tool to Reduce Corruption,

ISPAC Conference, Nov 1999. Milan. 21. Sondhi, Sunil, Combating Corruption in India, The role of civil Society,

XVIII World Congress of International Political Science Association, Canada, 2000.

22. Rai, Vinod Corruption Free Governance, The Journal of Governance, July, 2011, New Delhi p 38-46.

23. Priya Shashank along with Price Water House Coopers Private Limited as knowledge partners, Improvement of Public Service Delivery systems:

25

Challenges of the Hour, Civil Services Day, 21st April, 2011, Department of Administrative Reforms and Public Grievances, New Delhi.

24. Jain, Abhishek, RTI Implementation at the District Level: Issues and challenges, The Indian Journal of Public Administration Vol LV, 2009.

25. Lindstedt Catharina and Danial Naurin, Transparency is not enough Making Transparency Effective in Reducing Corruption, International Political Science Review, 31(3) 301-322, 2010.

26. Thakur, Pradeep and Sanjay Dutta, Anna Hazare, the Gandhian of 21st Century, Mahaveer Publishers, 2011.

27. Second Administrative Reforms Commission, Fourth Report, Ethics In Governance, Government of India, 2007, P 179,

28. Justice Hedge, Santosh, Inaugural Session of Workshop on Fighting Corruption Dec 2010.

29. Second Administrative Reforms Commission Report opt cited p.180. 30. Deshpande, Anita, Reena Modi, Lokayukta as a machinery for redressal

of Public Grievances, Madhya Pradesh Journal of Social Sciences, July-Dec 2008.

31. The Northlines.com, Raman Sharma, Sep.30, 2011. 32. Annual Report – Central Information Commission, 2007-08, New Delhi. 33. Abhishek Jain RTI implementation at the District Level, the Indian Journal

of Public Administration, 2009, Vol 3, P 355. 34. Final Report understanding the key issues and constrains in

implementing the RTI Act, Prince Water House Coopers, June, 2009, p.44

35. Second Administrative Reforms Commission Report, Right to Information –Master key to Good Governance, 2006.

36. Document 2, Administrative Reforms Commission Report, Right to Information key to Good Governance Indian Journal of Public Administration 2009, New Delhi, and p.790.

37. Daily Excelsior, 8 Oct 2011, Jammu p.3 38. The Jammu and Kashmir Public Service Guarantee Act 2011 Section 11. 39. The Jammu and Kashmir Public Service Guarantee Act 2011 Section 5,

Sub Section 4. 40. The Pioneer, Bhopal, 23 Sept. 2011. 41. Second Administrative Reforms Commission Report, Ethics in

Governance, Jan 2007, p.125.

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