Sohrab E. Dastur, the eminent jurist, has provided a masterful explanation of the reasons for the rampant corruption in modern-day society. He has offered tangible suggestions on what the Government and the judiciary should do to discourage the malaise from spreading further
Hardly a day passes without the newspapers reporting an act of corruption by a businessman, a politician, a professional person and, now even sports bodies (the wag may say it’s not cricket!) and, sometimes, (fortunately, very rarely) even by a judge of a High Court or the Supreme Court. As per a recent dismaying report, apparently even the armed forces are not immune from the cancer of corruption. Periodically reports appear of scandals and scams. About 60 years ago we had the “Jeep scandal” involving Mr. V. K. Krishna Menon (then the Indian High Commissioner to the U.K. which was said to involve Rs 80 lakh. It is sad that each succeeding misdemeanour makes the earlier one look as “chicken feed: and which, therefore, gets consigned to history!
One hundred and twenty-five years ago it was proclaimed “… we meet in the midst of a nation brought to the verge of moral, political and material ruin. Corruption dominates the ballot box, the legislatures, the Congress and touches even the ermine of the Bench.” This is a good illustration of the popular belief that the world and its inhabitants do not change nor is the present necessarily an improvement on the past.
Apart from the monetary and economic consequences of corrupt practices, what is reprehensible is that it lowers the moral fibre of the country’s citizens. In 2016 India ranked 79th out of 176 countries in the Corruption Perceptions Index researched by Transparency International. A large percentage of persons interviewed confessed that they had first hand experience of paying or, as they put it, being forced to pay, a bribe.
“Dishonest” corruption vs. “honest” corruption
Corruption is often classified as being of two types. The first is what one may term as “dishonest corruption,” that is, corruption motivated by a desire to gain a dishonest or unfair advantage. There is also the “other” type of corruption, which people, to soothe their conscience, label as “honest” corruption – really a contradiction in terms! It is corruption indulged in to procure or to obtain what is your right but which is being unreasonably and manipulatively withheld or denied. A citizen finds it frustrating, if, for obtaining what he is undoubtedly entitled to, say, a refund he has to grease someone’s palm. The seasoned veteran will, of course, advise that it is better to part with some money today and consequently save the time otherwise wasted rather than to have one’s matter kept hanging for an indefinitely long time and thereafter to receive the same sum in, by then, devalued currency! Though such an approach is morally insupportable it is often difficult, even for an honest person, to resist this temptation.
Edward Gibbon in “The Decline and Fall of the Roman Empire” viewed corruption as, “the most unfailing symptom of Constitutional liberty” whilst Edmund Burke in April 1777 warned, “Among a people generally corrupt, liberty cannot long exist.” Corruption is sometimes sought to be justified as being a necessary evil to attain a high and laudable objective. Even the most respected may succumb to this temptation. The story goes that Republican President Abraham Lincoln, a President uniformly and universally admired and who rid America of slavery, (the great emancipator as he is called) realised that though in the 1864 general election the Republicans had secured a sizable majority in the House of Representatives (which would have enabled Mr. Lincoln to get the required 13th Constitution Amendment Bill, passed) the “new” House of Representatives with the required Republican majority was not to be convened until March 1865. A lame duck session of the members comprised in the outgoing House of Representatives was held from December 1864 to March 1865. Perhaps on account of a premonition, Lincoln wanted the Constitution Amendment Bill to be passed by this (old) House of Representatives even though the Democrats had a majority therein. Realising the difficulty, he tersely directed some trusted lieutenants “these votes must be procured.” Apparently not the most laudable means were used by them to satisfy the President’s desire. This issue raises the eternal debate of “means and ends.” The reason why I said that Lincoln had a “premonition” is because, as it happened, he was shot on 14th April, 1865 by John Wilkes Booth as he sat in the Ford’s Theatre in Washington. If he had waited for the March 1865 session of the House (with the requisite Republication majority) to be convened, one does not know whether slavery would have been abolished in his lifetime!
If linking of Lincoln with corruption raises a few eyebrows it is worth recalling that Lord Chancellor Francis Bacon, from whose writings we so often quote, was found guilty of being corrupt and fined 40,000 Pounds and, in addition, imprisoned in the Tower of London. His somewhat lame defence was that he was following “the custom of the age” which is what many of us also plead when confronted with our having contributed to the spread of corruption.
A newspaper article published some 15 years ago very aptly summed up the situation by stating “protection breeds corruption and corruption finds protection.” One often reads of civil servants going out of their way to shield an erring politician. They say that it is the small fish who get caught in the net: the net is not wide or deep enough to catch the big fish or at least to prevent their escaping therefrom.
Citizens endure injustice and unfairness with serenity and resignation
It is worth recalling what Justice R. C. Lahoti (later Chief Justice of India) said whilst inaugurating the National Tax Conference organised by the All India Federation of Tax Practitioners (Central Zone) at Indore in September 2002. He perceptively observed, “I am amazed at the patience of the Indian people who endure injustice and unfairness with serenity and resignation. We bear the torture of the laws and brutality of corruption and endure ourselves in such circumstances which would lead to bloody revolution in any other polity ….
Corruption is a cancer eating into the roots of the society. It is difficult to fight against corruption because the chances of success are bleak but this is no reason for despondency. Nobody is born corrupt: it is the vitiated atmosphere in the society and the system of governance which converts the clean into the corrupt. An honest person resists corruption but allurements and temptations at times prevail upon him and once corrupt, even an honest person prefers and finds it convenient to stay corrupt. The seeds of corruption are sown in the mind of the man and the cure, if any, lies in eradicating the seeds of corruption from his mind. An honest revenue official says ‘The honest are hounded; they are humiliated; they are ignored; they are manipulated; they are used, they are punished; they become the laughing stock in society and in their families; even their very honesty is suspected. In spite of that, there are many, many honest officers in the department who remain honest against all adversities. They are a special species; they have to be preserved and protected.’”
If there are still some doubting Thomases who shut their eyes to the stark reality they should inquire from a trucker about his experiences at check points and entry points from and into different states/cities. One estimate says that truckers annually pay unimaginable amounts to avoid unnecessary wastage of their time at check points. In 2009 The Times of India had reported that a survey had shown that Indian bureaucracy ranked the worst in Asia.
Curb discretionary powers in Government officials
It is alleged that one of the sources of corruption is the vesting of discretionary powers in Government officials. Though this is true to some extent I am sure that most tax practitioners must have at some time experienced that the absence of discretionary powers means that an assessee, from whose income tax has been deducted at source, is not in a position to obtain appropriate credit therefor because of some magical Form AS-26 which is required to be filed by the tax deductors and which allegedly robs the officer of discretionary power to take an independent and just decision, whatever information Form 26-AS may/may not contain. There are reasons too numerous to set out here why there may be a mismatch between what appears/does not appear in this Form AS-26 and what sum an assessee claims as being tax which has been deducted at source from his income. Taking shelter under alleged non-conferment of discretionary powers to ignore Form 26-AS the Tax Authorities brazenly defy the clear mandate of section 205 of the Income-tax Act.
Bring accountability – today, even binding judgements are defied with impunity by officials
What is ironic is that though the amount claimed by the assessee to have been deducted at source is not regarded by the officer as TDS for which the assessee must be granted credit, still the same sum is included by the Officer as a part of the assessee’s professional/business income! Could there be a more glaring illustration of an Officer’s Tax Code: “Heads I win, tails you lose”. Whilst taking such a contradictory stand the Officers ignore even binding decisions of the High Courts.
Corruption does not adversely affect only the rich and powerful. Government collects taxes and levies and has introduced specific aid programmes for the farmers, the poor, the illiterate, the student and the weaker sections for whose benefit the collected levy/tax is to be applied. Transparency International in a recent report records that only 40% of the grain handed out for the poor reaches the intended beneficiaries. It is reported that huge amounts set aside by the Government under the Mahatma Gandhi National Rural Employment Guarantee Scheme were pocketed by intermediaries and corrupt officials in the name of fake rural employees. Another report says that it is not unusual to pay 2½ times the official fee for obtaining a driver’s licence. Prof. Dibek Debroy and Mr. Laveesh Bhandari in their book “Corruption in India: The DNA and RNA” estimate that public officials may be cornering 1.26% of the GDP. To hide black money Indian businessmen and politicians go international: whether to Switzerland or Panama or wherever. India’s geography is not and has never been a restraining factor.
Make donations and donors to political parties transparent
The Government appears to be fully conscious of the rampant growth of corruption and repeatedly proclaims that it is anxious to control the same. As a first step one must attempt to remove the belief in the minds of the ordinary citizen that Government is out to shield politicians and political parties. For example, Complete (and I mean with a capital C) transparency must exist in respect of donations and donors to political parties. Removal of the secrecy provided by donating electoral bonds is desirable. In this connection it may be noted that it is ironic that though the Whistle Blower’s Protection Act was passed in 2011 and received the Presidential assent in 2014, in so far as I can ascertain, it has not yet been notified. Unless a person who complains about corrupt officials, politicians etc., is assured of some basic protection against vindictive action it may be difficult to track down/obtain evidence concerning corruption and corrupt practices.
In the Jharkhand Mukti Morcha bribery case (Narasimha Rao vs. The State AIR 1998 S.C. 2120) the Supreme Court held that on account of Article 105 of the Constitution, action cannot be taken against a bribe-taking member of Parliament. Though several Constitutional Amendment Bills have been passed since then this abuse of a Constitutional privilege still remains unattended to.
Mr. C. K. Prahalad in an article in “The Financial Express” has estimated that if the level of corruption in India was reduced to that which exists, say, in the United Kingdom, the growth rate in the GDP would greatly increase. He estimated that on account of corruption the growth in investment and jobs is less by over US$ 50 billion.
What then are the causes for this state of affairs? In so far as income taxation is concerned, presently, the maximum rates are undoubtedly reasonable, though perhaps the initial slabs could be broadened and the maximum rate reached at a level higher than as at present. It is also for consideration whether the general rate of 20% for tax on long term capital gains requires a reduction. Unfortunately and inexplicably there was a time when the income-tax rate in respect of incomes over Rs 2 lakh went up to 97.5%. At that time in addition to the income-tax a citizen was also subjected to expenditure-tax, wealth-tax, gift-tax and surtax (for companies). Such rates fostered the belief that it was not dishonourable to avoid payment of income-tax when the laws were such that the direct tax payable by a citizen may exceed his total income. This led people to believe (quite wrongly) that it was not wrong or dishonourable to evade the payment of an unconscionable rate of income-tax. After all, human beings are not saints! It is true that these rates were in force for a limited period of time and that this was the position more than 40 years ago. However, the horrendous rates of tax created tax evasion habits and, unfortunately, bad habits die hard and are easily transmitted from generation to generation. People openly flaunted their “achievements” in this behalf – which egged on others to follow suit. The few years when the rates had zoomed, created a psychology which “justified,” if not encouraged, tax evasion by corrupt means and this has permeated down the years to successive generations.
A reason often put forward to justify transactions which generate black money is that coloured money is required to satisfy the ever increasing and insatiable appetite of those from whom permissions and licences are to be obtained. Thus, excessive licensing procedures and Government controls played and play no mean role in the generation of unaccounted money. The freer the economy the lesser would be the incidence of corruption. Tacitus said, “The more corrupt the State, the more the laws.” One could perhaps equally perceptively say, “The more the laws the more corrupt the State.” What is the vote?
Mete out quick justice to create a fear of early punishment and retribution in the offenders
Another cause for the non-eradication of corruption is that even after a corrupt deal is detected, justice is not meted out for decades. Thus, the fear of early punishment and retribution is absent. Where facts so justify the process of filing of a chargesheet must be expedited without in any way sacrificing a full and complete investigation and correct framing of the charge. This means that the Investigation wing has to be suitably and properly staffed so as to be able to tackle the situation. It is the fundamental duty of the State to provide, and it is a citizen’s inalienable right to receive, “free” justice – unfortunately even though exorbitant Court fees are charged by the State, reasonably prompt justice is not provided.
Almost a decade ago the hot topic of discussion among assessees and taxpayers was an incident in Kolkata wherein a member of the Income-tax Appellate Tribunal and a professional person were allegedly involved. In so far as I am aware, the matter has not yet reached a conclusion even at the first level.
In March, 2000, Mr. Bangaru Laxman was trapped and a video recording his acceptance of illegal monetary gratification made headlines. Twelve years passed before he was convicted by a Special CBI Court and sentenced. His appeal to the High Court was admitted and he was set free on bail. He passed away before the final verdict could be pronounced.
The Government must spruce up the judicial machinery by appointing adequate judicial officers and judges so that within a reasonable period punishment follows the crime and/or the person is exonerated and his reputation restored. It is for consideration whether once a charge is framed by a Court in a matter involving corruption or the commission of a serious economic offence the concerned person should be debarred from contesting a public election. This may act as an incentive for him to seek an early disposal and not to derail the hearing with a view to postponing the day of judgment.
As noted above corruption has sometimes touched even the higher judiciary. We have the cases of Bhattacharjee, Ramaswami, K. N. Singh, Veeraswami, Soumitra Sen and Dinakaran to name but a few who apparently strayed from the straight and narrow path and violated their oath of office. Allegations were also made against the conduct of Chief Justice Sabharwal of the Supreme Court. Referring to this case Paul Cohen and Arthur Marriott in their very interesting book entitled “International Corruption” (Chapter 7 – The current state of anti- corruption laws in India) observe, “In this case instead of taking an affirmative action in ordering an inquiry, the Court sentenced the four journalists, who brought the news to light to four months’ imprisonment for contempt of court…”
More cases of judicial corruption may undoubtedly be exposed if draconian powers are not vested in the Courts to issue notices for contempt. It was reported some 18 years ago that the Attorney-General for India had stated “Chances for detection and exposure of corruption in the judiciary are slim unless the law of contempt is amended …”. The Judicial Standards and Accountability Bill, 2012 introduced in 2010 and passed in 2012 by the Lok Sabha still does not appear to have become law.
At the same time one has to remember that some regulatory measures have to be fashioned to prevent loose and unsubstantiated allegations being levelled against persons honourably occupying high judicial posts, particularly as everyday a judge is likely to decide matters in which one party is adversely affected, and who, rightly or wrongly, had and has great faith in the strength of his case and attributes his failure to something more than a correct judicial determination. It is also to be remembered that unlike politicians, judges cannot resort to the public forum for explaining their position. This is a matter which requires public debate and one must evolve a method to protect the honest judge from unjustified public criticism and an over-sensitive judiciary clamping down on even justified criticism.
Avoid transfer of alleged corrupt ITAT Members from one station to another, set up a high-power disciplinary committee to consider dismissal of tainted Members
One has to evolve an acceptable methodology for dealing with judicial corruption as it raises delicate issues. In so far as the Income-tax Appellate Tribunal is concerned, up till now where allegations of substance had been levelled against a member the procedure followed by the President, on being reasonably satisfied that a prima facie case had been made out, was to transfer the member concerned to another jurisdiction or not to allocate judicial work to him. It is for consideration whether transferring a member reasonably suspected of corruptive in essence means transferring corruption. One option is to constitute a disciplinary committee consisting of, inter alias, the President, the Law Secretary of the Government of India, a senior professional and perhaps two others. The Committee should have the power to take appropriate disciplinary action including recommending dismissal of the member. Non-allocation of work to the member under suspicion is a poor alternative. It is on record that two judges of a High Court against whom serious allegations were made were not allotted judicial work by the Chief Justice of the High Court and drew their salary without work till their retirement day! Appeals from orders of the Committee should be limited and speedily disposed of on a priority basis.
Appoint Ombudsman for higher judiciary
In so far as the higher judiciary is concerned, the appointment of an Ombudsman is very desirable. The judiciary in India rightly commands the highest respect. However, the errant action of a few tarnishes the reputation of judges generally. If faith in the judiciary is lost there is very little else which one can look to in the Indian context.
The slow pace at which the enactment of anti-corruption legislation proceeds in india is highlighted very tellingly by Mr. Fali. S. Nariman in his most interesting and informative book “The State of the Nation”. He notes that the first Lokpal and Lokayuktas Bill, 1968, was introduced in the 4th Lok Sabha and thereafter in several succeeding Lok Sabhas (at least eight in number) and on each occasion the Bill lapsed on account of the dissolution of the Lok Sabha. It was only in 2013 during the course of the twelfth Lok Sabha (almost 50 years after its first introduction) that the Bill with the very laudable objective of constituting an Authority to look into the conduct of the highly placed was passed and that too partly, if not mainly, because of Mr. Anna Hazare’s threat of direct action. This shows the “priority” successive Governments bestowed on this most desirable legislation. According to Thomas Jefferson the time to guard against corruption and tyranny is before they shall have gotten hold of us. It is better to keep the wolf out of the fold than to trust to drawing his teeth and talons after he shall have entered!
Citizens must abstain from being “corruptees” if they are serious of ending corruption
In conclusion, (I can hear sighs of relief!) I leave you with this thought: “Would there be a corruptee in the absence of a corruptor?” Once it is known that a person is “flexible” enough to succumb to corruption he is bound to be exploited. If a person is known to turn a blind eye or a deaf ear, to requests for corruption he is likely to be ignored as one of the unreal and strange persons in the world. Is it not worthwhile to create such a reputation?
5-10% British Officers were controlling whole of Inida. Today 5-10 % of Govt Officers doing it …. !!! Try & compare the scenario of extorting money ( one may term this as corruption also !) with pre-independent era. These officers enjoy powers under the statute like IRS, IAS etc. This ACTS like IRS, IAS, etc were drafted in British time to RULE the people & DRAG all the rich resources of India. These were designed to RULE people. Unlimited powers were given to Officers so that they can suppress the people. Under those rules the British govt officers were never at fault. Those officers looted the country because they were supposed to do this. IRS & IAS ACTS dates back to more than 100 years. Same Rules & Acts are still continuing even with comas & full stops !! The next generation of officers ( India n) saw the benefits & continued the legacy even after independence. So, in effect, its nothing but misuse of powers which is programmed in the minds of IRS & IAS & other protected Govt officers, with the help of the same ACTS & RULES DESIGNED BY THE BRITISH.
Corruption is encouraged by disgruntled CAs and judiciaries.
It is my observation of Law that Penalty Prosecutions are taking more and more delay. To Give my own Case in The Said Company an Application for Criminal Action Under the Companies Act was filed by me. After hearing me The First Hon. Judge passed the order For Police Inquiry in to the matter in detail. Instead of sending the case to Police Station file was kept in the Court for 2 and half years. Another Judge without taking inquiry and report from police , these years the file was only in the court . Adjournments dates were given by Clerk of the Court??!! All of a sudden another Judge , without any contempt , submit that during my submission I said the Name of office of Official Liquidators . The Hon. Judge said to me when the matter is under office of liquidation why this case is put up ?? After 2 and half years the case was dismissed by Hon. Judge Ms Mamta K Chauhan? This is also another kind of Judicial process. They are not liable to any prosecution at all or exempted from in due diligence of Justice?
Hon. Sir,
With Due respect to all I humbly submit that without any contempt , a factual story of my cases, even Justice did the same process which is prima facie on the records. Gujarat High Court Company Petition No 17 of 1996. On Record proved Fraud in The Case of Ratnamani Engineering Limited in 31.03.1994 account , Chartered Accountant turned to Advocate appeared in the case , knowing fraud also against Bar Ethical code appeared for last 22 years in subsequent cases? Another Advocate Now Turned High Court justice also? Hon. Justice Mr Mohit S Shah also allowed the merger even on the case record proved by . Not only this but many of the documents like Pursis filed by Objectors for withdrawal of their objections are not on file?? Not only this I was also one of the Objector on the record ?? I was not at all intimated for the final hearing of the case at all?? my Objections filed on the record serially numbered are not on the file? See another case Gujarat High Court Misc Criminal Application No 5639 / 1994 passed the order without my any submission By Hon. Justice Mr J M Panchal . After 11 years I file rectification application wherein Hon. Justice J M Panchal accepted that I hd not hid the material facts? Silently dismissed the case.!! For this I have to go to Hon. Supreme Court Of India by spending Rs 100000 and more !! My suggestion is that Hon. Justices retired or present , where apparent evidence is on the record against Judge / Justice , immediate action should be taken on such Judge / Justices. That is why In action is prevailing in Hon. Temple of Justice?
Corruption suits to professionals
Corruption also emerges when govt. publishes false reports, such as subsidising fuel, petrol despite the fact being that there is no subsidy. How do such OMC’s declare dividends immediately after price rise is effected? Is there any accountability on the fuel used by Minister’s and the PM or the President or the Leader of the Opposition for running security vans in cavalcade? The Govt of India and the PM announces that about 28000K cr haas been saved in DBT, then why is the fiscal deficit not coming down? It’s also a fact that in the last 4/5 years the defence ministry could not spend the budgetary allocation made for it and returned the money, yet the deficit is high. Now there’s no fuel subsidy, due to falling oil prices and yet deficit is high and does not seem to be at levels projected by the Govt. Then where is the money spent, isn’t it on unproductive wasteful expenditure like giving largesse to cricketer’s like Sachin Tendulkar who didn’t even feel ashamed given his stature in asking for a waiver of import duty on the SUV he bought for his personal use. Why do they need free rail and air travel for their personal use now? Would Sachin have become a pauper by 5 lakhs if he would have import duty?
The nation had about 600 princely states at the time of independence whose privy purses stand abolished and/or made taxable now. But in the process we have now more than 6000 maharajas’ in the form of MP’s & MLAs who get handsome perks, salaries and other benefits but aren’t taxed while the common man pays tax on a fraction of that received by these guys. First they call themselves as “Janta ka sevak” the I wonder why do they need such a largesse from the state for themselves, they should do it for free and if that’s not possible then let them also pay taxes as the common man pays. Pension to these guys should also be stopped forthwith. Whether or not they agree on a reform causing good to the nation, they have a agenda on disapproving the work done by the other and they all agree on it, but when they have to vote for a increase in the pay and perks, its all by a voice vote with everyone’s figure being up in support. What a great unity indeed.
The govt needs a change in policy and so can’t do away with section 10(17) of the IT Act, 1961, though it has been enacted by mortals only given the fact that more than 100 amendments to the Constitution were carried out in less than 75 years of independence, which the United States of America has not done in 250 years of its independence from Britain. Then they are not ashamed to say that Dr B R Ambedkar was the father of the Constitution whose structure is not the same today as it was when enacted and further they compare themselves with USA in every respect, saying USA has this and that, but where are we in comparison to the USA in providing social security and infrastructure?
Why is the govt. not taxing the political parties and trade unions who are sitting on a huge cash and yet pay no tax? Apart from doing good to the office bearer’s and the member’s who take active part in the affairs, whose good is ensured by them in a special manner, leave the public at large?
Till the PURPOSE of corruption is alive it will remain alive. The day the people start receiving mis-treatment at the hands of their childrens (whom they raised with this tainted money) and at the hands of almighty through bodily diseases and when their accumulated money will not be able to help them, it will give them automatic lesson.
The process will be slow but definite.
As far as self restraint is concerned, in the present scenario the chances are less but not zero.
In Mumbai, Maharashtra Govt has installed CCTV cameras on most of the signals and public places. Does the govt has taken action of Police officers seen (caught) taking bride in the footage.
In Mumbai,what is see and believe , till the time hawkers are there, corruption can not be eradicated.
However there are collateral advantages of corruption too particularly big ticket. When Lalloo Yadav went jail for first time he got his wife as cm. When he was convicted second time he got the prize in the form of his two uneducated sons made Dy cm and minister. Suppose he was never caught on corruption charges he wouldn’t have such brilliant careers for his illiterate wife and sons.
MODI GOVT. PLEASE TAKE NOTE OF THE ARTICLE. LET US HOPE CORRUPTION WILL DECLINE SOON BY STEPS BEING TAKEN BY GOVT
We, indians ( irrespetive of the fact whether we belong to !!! caste, class , religion and region) are use to measure our self respect with money – earned by following social values or UNsocial values.
It is an interesting blog by Dastur Sahib on corruption. While the Government is making sincerely efforts through digitalisation that there should be minimum interface between the public and the government departments, it will take long time to get the results. The results will be positive only when the laws are not complicated and the seekers change their mindset in accepting money for the job. But if you have time read my comments, then I would say it is really impossible to get away from corrupt practices in India because this evil has entered in the private sectors too. For example, your Masson constructing your house takes money from the supplier of building materials, your Plumber, Carpenter, Electrician, Painter, Tile fixer – they all get their cut/dasturi from the vendors supplying their goods in your house constructions. In your factory even a person who hires transporters for the shipping of company’s goods also gets his share. The doctors get from Pharma companies, Testing Labs, Architects from the Contractors and suppliers of goods and services, the Tax Consultants also do not lag behind. The Government Machinery in the issue of birth and death certificates to Driving licence, Vehicle Registration and other certificates or permits needed by public and commercial establishment, government owned Motels and many more not covered by me. I do not find any area where opportunity is not encashed by the persons who have little say in the system. While some reputed Saints and Gurus are doing their best to guide their bhagats and sevaks not to indulge in corrupt and malpractices, yet it apppears very difficult talk to get away from the corruption which has gone deep in the systems.
He is right liberty and freedom is meaningless if the rule is with corrupt
India with a highly cultured heritage
Is now setting record in corruption
IT IS IN THE BLOOD
CORRUPTION SHOULD BE LEGALIZED
Technology enable our system to curb on corruption. The online railway booking system has made the booking system by and large corruption free. CCTV installation in all government activities might help in fighting against corruption.
CBDT does not takes any action against its own corrupted officer.30 complains have been filed against a corrupted officer but from 5 months only investigation is going on. Until and unless CBDT/Revenue Department/PMO takes action agaisnt officer nothing will happen.An officer posted in UP(West).3 Principal CCIT’s have changed but no action taken.
Modi government or shoddy government, the main and topmost reason of corruption in India is bad legislation effected by incompetent law makers. The demon-cracy ( I beg your pardon) democracy is the root cause of this irreparable malaise. When criminals and corrupts can enter LOKSabha, even God cannot save us.
!!! incomepetent law makers…
Competent to enough to aboslve themeselves for any wrong doings in their constituency / ministry.
( earn enough not only to contest in the coming elections. but also to enjoy the same facilities though they are out of power)
If you are asked to tell how will you spend 1 crore in 1 week to get a wealth of 100 core. can u answer.
But these legislators are INEEFFICIENTLY efficient enough to bless themselves with this much wealth.
WHAT IS SOLUTION & ANSWER OF ONE WORD SUPER CONSTITUTION
POWER IS GIVEN TO ALL BUREAUCRAT. :
‘TO THE BEST SATISFACTION’
OF ASSESSING OFFICER (ONE & ONLY ONE IN THE WORLD ) IF BUREAUCRAT NOT SATISFIED GO AND SATISFIED HIGH COURT OR SUPREME COURT. ONLY ANSWER IS TO SATISFIED. SIR ???
LET EVERY PERSON IN POWER,POLITICAL, ADMINISTRATIVE, JUDICIAL, ARMY, OR/AND OTHERWISE, SWEAR THAT “I AM NOT CORRUPT” WHEN HE LEAVES THE WORK FOR THE DAY AND AT LAST ON THE DAY OF RETIREMENT. IT CANNOT BE CORRUPTION BETWEEN TWO CITIZENS WHO ARE ORDINARY. IT CAN BE BETWEEN A PERSON WITH POWER AND ANOTHER ORDINARY.
‘when he leaves for the day”….!!!
Every bureacrat however high they may be – should be allowed to draw their retirement benefits only if they agree to undergo lie detector test.
further the bureacrats who agree to the above conditions should continue in service. Otherwise they should resign within 3 / 6 months.
You guess how many will continue to be in service.
‘when he leaves for the day”….!!!
Every bureacrat however high they may be – should be allowed to draw their retirement benefits only if they agree to undergo lie detector test.
Corruption, flourishes because, the inadvertent offender is always tried to be crushed by Bureaucrat. First offense, the relief measures should be high. First offense, if penalty is granted relief, the leg room for bureaucrat may reduce and so is corruption, to certain level. This is more conspicuous with tax matters, in which the writer is associated with as a consultant.
At ground level Power to harras public by public servants is major reason of corruption amongst public servants (get bribes) on one hand andcorruption by public (giving bribe) to avoid harasment.
A public servant cannot allow relief, that is not allowable as per law if he allow such releif he may face consequences including dismissal from service.
But he can deny relief to public, totally illegally but without any fear of any kind, that is main reason of corruption at working levels (peons to level of Secretary in governments.
Corruption by not working or less working by government officers and staff is another form by which public money is wasted. Salaries of government employees have increased significantly but task levels are too low. There must be more work done by vovernment officers and staff and idel time , wastage of time etc. must be reduced.
Transfer of officers is anothear reason of corruption and idle time. There is no purpose in transfers corrupt person shall be able to be successfullly corrupt at any place.Work is discontinued in hope of transfer – hearign may take place but orders may not be passed if officer is expecting transfer- this is to avoid criticism of being favorable to person for whom order is passed.
rule 37BA of the Income-tax Rules, 1962. Without which a discussion on 26-AS is futile.
True. This is essentially on the top
make rule to achieve 1 (one) goal.
make 10 conditions under which this can be implemented.
make 10 condtions under which this can be ‘ allowed ‘ to
deviate ar the mercy of the bureacrat – for the
benifit of……!!!
i agree just because of coruptee corruption grows many folds see one reddy in TN paid crores to TN ministers and civil servants to get his work done – that way y]the idea of speed money surfaced.
sp basically ‘citizen’ shall know the beehive of corruption starts from all business men and business men only fund elections for obvious returns – how you will control – see in ICJ indian delegation failed to ask the hon ct to see Pak man also sits as a judge if not eliminate indian judge that way they could have saved present embarasment of Pak seeking retrial – obviously it is rightly the prerogative of the court – Pak has no say….see ‘india obviously moved seeing no options but ICJ; that is itself not diplomatic enough effort – india could have asked USA , UK, Europe to interfere in the issue if Pakistan failed its trade would be stopped with USA, UK, and Europe, that way diplomatic effort works or by sheer threat of war – yea india could have dealt as she did in the case of Bangladesh that way it could have liberated Baluchistan, and other peripheral Pak territories as Pak itches for war as its arsenal need be tested and be actually decimated then pakistan could not wag tail see – Musharaf what he says Jhadav worse than Kasab means – he accepts Pak only initiated 26/11 on mumbai attack is obvious – read between lines – no use Ujwal Nikam ideas for they can’t work is indeed a fact- he knows obviously precious little in international laws – no use to rely some electronic media calls this man for his opinions obviously good for nothing , is obvious and absolute. Salve a good man but he shd have insisted if india has its man in the judges, pakistan too shd have that is natural justice – but he failed – any way ICJ judgement can be questioned at the issue of natural justice front – human rights is mandatory – u can’t deny to pak too that right is available to pakistan, that way pak request to rehear may be placed but it is for ICJ to accept or not for pak did not raise at the time of hearing by ICJ of the jhadav matter – any way now Jhadav cannot be hanged by pakistan, even if consular access is not given – but it has to wait again ICJ directions as stay of execution is as absolute as anything. Indian govt yet to learn the art of governance but what i see today BJP govt is some publicity oriented more than its own ability to govern thank god you have a right man in president mukherjee – i don’t think BJP can’t provide any better candidate by ir or the opposition in the parliament , i am sorry for my comments it is without any malice on any’
from this corruption starts from mostly ‘ignorance of procedure’ – see x=so confucius said- ‘Knowledge is to know the extent of one’s own ignorance’ – so ignorance itself is corrupt – so we say ignorance of law est non excusat’…
The Ordinary Man becomes corrupt because system is not taking care of his needs., examples are unless he pays high donation he/she cannot send his children to high education., unless he pays an high amount no TOP DOCTOR WILL Attend to his health needs., and God forbids if his home or car is stolen or burgled., no justice police officer will come to his help., unless he greases some officials. Hence there are so many examples wherein an common man is compelled and forced to cheat., and to hide his mistakes when caught he will pay the OFFICER BRIBE and will get away, than ultimately he is caught in the web of corruption. Therefore let the System take care of His needs., honestly than the completion to cheat and corruption will also go away..
Verythought-provokig-article.Every.word.is.very.thought.provoki-g.
to curb the corruption now the government should make online each and every process with less intervention of Govt officials with the predefined tat time of each table.
Make all registration or deregistration process online.
Make all assessments online compulsory. So there is no threat ..
Why someone has to pay to obtain Shop & Establishment registration when he is applying for the fresh registration on his own while starting new business?
Why someone has to pay to obtain registration under MVAT or Service tax?
Why someone has to pay to deregister himself from service tax when he is no longer carrying any business or business has fallen below the amount to get registered?
Marriage applications are to be filed online but signature in person is required? What does it mean?
Very enlightening. Certain Honest Officers keep the file under lock and key when they have to use their discretion to follow the law and deliver decision. Further, the cost of justice is prohibitive with all uncertainties associated because of distinguishing the facts from case to case. Effective Check Mechanism shall be available to be approached which should be headed by a non-departmental public figure known for integrity.
I ageee
The powers sighted by Modi govt to government are so dangerous that common man has to scumb down to his demands to survive. Corruption and atrocities to a common man have never been so harmful. The rich are being favoured and so they drive the media with false feedbacks and public opinion. Modi government gives promises for future …As false monks give promises of good life in next birth….Be our slave now or face the music..is the falsemanship they follow to carve out the vote bank politics…the weapon is pure emotional blackmail…he is anti congress not anti corruption…no bjp or ally is being targetted…so now corruption is going from men of congress to men of bjp…but corruption is also progressing
I agree with the views of learned author Sri Sohreb E Dastoor Jee. Apart from taking stern action and prompt action, accountability needs to be fixed up. The preventive vigilance measures, control and supervision mechanism and grievance redressal system needs to be updated suitably in tune with change in environment.
Corruption is not only what is asked for under the table. It is also Good. Greed of top lawyers n counsel’s, who demand from helpless clients amounts much higher than the effort put in by them. Clients, not being in a position to argue, give in. This too , to my mind, is Corruption! Greed to extract more than is fair, is Corruption!
The Modi Government is taking exemplary steps to curb Black Money & Corruption. A number of new Legislations have come up. The tax payers are mighty afraid. But the officers, empowered by the new laws & amendments, have gained unfettered powers. Corruption is at peak. The policies of Modiji will work only when the citizens of our country vow not to bow down to the demands of the corrupt officials.
we can vow not to bow to corrupt officials even without Modi.
The Daals were higher priced in retail continuously for more than 6 months in 2016 and the scandal was over Rs. 80,000.00 crores of rupees and common man was robbed off before the eyes of Shri Shri Modiji Government. For instance if a person eats Daal @ 1 kg per month for 130 crores of people the consumption should be 130 Crore Kgs and for six months consumption should be 780 Crore kgs. and the DAAL scandal comes to 780 X Rs. 100 = Rs. 78000 crores of rupees. But no raids were ordered on horders/ blackmarketers. Even our beloved lawmakers did not raise any question in parliament who are representing 85% poor people. Any body have the answer to my querry?
Second question every body knows that there was lot of black money before demonetisation and that was mainly earned through unfair means. Many people came for advise to all the tax professional and we honestly advised them to pay the Income Tax. But they never turned up again. In the last we heard that all black money was got converted by 70:30 arrangement right under the Shri Shri Modiji Government. Is there any arrest or inquiry or investigation initiated? BIG NO because the money did not come from Commercial banks but from other channels. Every step was to cover up the new currency unearthed by election commission during elections for byepolls.
It’s a illusion that Modi government has succeeded in curbing corruption. Reality is that it has failed pathetically in curbing corruption in revenue departments. More encouraged by state officials.
In the old days, when a person enters Income tax office for some work and emerges from the office whether his work was done or not, the peons will come and follow the person till the gate petering for Bakshis and depending on the region it will be about Re.1 to Re.5,more than 50 years ago which gradually went up to Rs. 100 and more in the past 50 years. But nowadays no peon follows till the gate or ask for money at the income tax offices. Is there any lesso?
No lesson to be learnt from this. Right from top official to last peon in the all Government offices have become corrupt and greedy and they in fact demand and threaten instead of request
now-a-days they are expecting a minimum of 500. AXpting less than that is below their dignity. Who will give 500 whenever you visit. Most of the visitors are professionals – who visit frequently. These professionals curse the 2 / 4 wheeler stand wallahs to pay even that parking fee, as they are forced to visit again and again for no reason.
It is for this reason, the staff of IT dept. are not following till the gate.
Sorry the practice still continues.
Now (since around 1995) the Government of India has gradually grown into an organized Mafia with corrupt, extortionist and manipulative bureaucrats and their subordinates. Still about 1% of the bureaucrats are not corrupt.
They resord to all sorts of forgeries, misrepresentation of facts, and misinterpretation of laws to meet their extortion demands.