INDIAN INITIATIVES TO STRENGTHEN ETHICAL FRAMEWORK
There are several initiatives taken by the Indian govt to strengthen ethical framework. Some of them include:
Accountability in Indian Administration
In India, administrators are responsible to political executives, who in turn are answerable to the Parliament. The legislature must authorize the executive before any spending from the Consolidated Fund of India or the state. This ensures administrative and financial accountability.
Code of Conduct for Ministers and Civil Servants
The Government of India has prescribed a Code of Conduct for Ministers of both the Union and State Governments. However, there is a need to prescribe a code of ethics as recommended by the 2nd Committee on Ethics of the Rajya Sabha and Lok Sabha. The Rules of Procedure and Conduct of Business in Rajya Sabha provides for the constitution of the Committee on Ethics to oversee the moral and ethical conduct of Members. Similarly, there is a Committee on Ethics of the Lok Sabha to oversee the moral and ethical conduct of Members of that House. There is also a prescribed code of conduct for civil servants, which aims to increase confidence in government by reassuring citizens that private power and interest do not subvert government decisions.
Disclosure of Interest
In India, disclosure of interest is provided in both Houses of Parliament. It has been ruled by the Chairman of the Rajya Sabha that a Member having a personal pecuniary or direct interest on a matter before the House is required to declare the nature of interest.
Legal Mechanisms to Check Corruption
The Prevention of Corruption Act, 1988 is the substantive law to deal with corruption in India, which applies to all categories of “public duty”. Besides this, other enactments to check corruption are the Benami Transactions (Prohibition) Act, 1988, the Prevention of Money Laundering Act, 2002, the Foreign Exchange Management Act, 1999, etc.
Right to Information Act, 2005
The Act is based on the principle that all government information is the property of the people. It takes democracy to the grassroots level and is also a step towards ensuring participatory governance in the country.
Lokpal and Lokayuktas Act, 2013
The Act was a product of people’s movement against corruption led by Anna Hazare. It aims to prevent and control corruption through the setting up of an independent and empowered body at the central level, called the Lokpal. The Act also makes it incumbent for each state to pass, within a year, a law setting up a body of Lokayuktas at the state level, but leaves it to the states to work out the details.
Whistle-blowers Protection Act, 2014
The enactment of the RTI Act saw the rise in the number of attacks on whistle-blowers. In order to protect them, the Whistle-blowers protection law was enacted which seeks to establish a mechanism to receive complaints relating to corruption or wilful misuse of power or discretion by public servants, to inquire into those complaints, and prevent the victimization of the complainants.
Vigilance and Investigative Mechanisms
A number of mechanisms exist for ensuring vigilance and investigation in India. The Central Vigilance Commission is the top authority that monitors vigilance activities in the Central Government. It is the designated agency for receiving written complaints on corruption and recommending appropriate action. The commission is also empowered to conduct preliminary investigations on complaints referred to it by the Lokpal. The Central Bureau of Investigation is the foremost investigating police agency that collects criminal intelligence relating to anti-corruption, economic crimes and special crimes. The National Investigative Agency is responsible for investigating and prosecuting offenses that impact India’s sovereignty, security, and integrity, as well as friendly relations with other countries.
To improve the poor state of morality in public administration, several more radical initiatives can be taken. Firstly, political leaders must demonstrate their commitment to ethical and moral values by maintaining high standards of propriety in their official duties. This will set a good example and help promote ethical governance. Additionally, zero-tolerance policies towards corruption and unethical behaviour, as declared by PM Modi, will send a strong message to the public and help improve ethical governance. Political will is also necessary to hold public services accountable and remove non-performers.
The possibility of making Directive Principles of State Policy a justiciable right needs to be examined. A National Commission on Integrity and Transparency in Governance can be established to assess the effectiveness of codes of conduct for civil servants and promote ethical values among them. Transparency in public service delivery is necessary to re-establish public trust. The use of innovative technological tools can help reduce avenues of corruption and increase accountability.
Discretionary powers are often misused, but the solution is to tighten the procedures and not to abolish the power itself. All government offices should undertake a review of their activities that involve the use of discretion, and regulations should be in place to restrict such discretion. Decision-making on important matters should be assigned to a committee rather than individuals to avoid misuse.
Lastly, it is essential to provide protection and incentives to honest public servants by basing transfers and postings on merit and performance. Corrupt and incompetent public servants should not be rewarded based on political cronyism or nepotism.
