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Journal-April2018volume1issue21.Pdf JOURNAL OF GOVERNANCE AND POLICY ANALYSIS Volume 1 Issue 2 April 2018 ATAL BIHARI VAJPAYEE INSTITUTE OF GOOD GOVERNANCE & POLICY ANALYSIS Contents The Problem of Corruption: An Introduction 01 Akhilesh Argal, Mangesh Tyagi and Indrani Barpujari On Corruption 06 Yoginder K. Alagh Corruption in India: A Point of View, in Ten Points 10 K.M. Acharya Values versus Institutions: Strategies Against Corruption 15 Jayaprakash Narayan Administrative Corruption: Legal and Policy Reform 38 M. Natarajan An Anatomy of Corruption: The Scene in India 46 R.K. Raghavan Corruption in Media 54 Shashidhar S. Kapur The National Legal Landscape for Combating 66 Corruption in India: Key Issues and Challenges Indrani Barpujari Journal of Governance and Policy Analysis Volume 1 Issue 2 April 2018 THE PROBLEM OF CORRUPTION: AN INTRODUCTION Akhilesh Argal1 Mangesh Tyagi2 Indrani Barpujari3 Abstract Corruption continues to be a vexed problem for India eluding solution and constitutes a serious impediment towards achieving good governance and securing the well-being of the citizens. Considering the centrality of the problem, there is need for more active policy discourse as well as academic engagement on the issue, more so with the objective of devising strategies to combat the same. This issue of AIGGPA’s Journal of Governance and Policy Analysis is dedicated to understanding the problem and devising strategies to combat corruption taking on board the perspectives of luminaries and experts from different fields including politics, bureaucracy, police, academia and media. Corruption right from the time of Kautilya’s Arthshastra in the 4th century BCE to the 21st century continues to be a vexed problem for India eluding solution. It is an issue which has captured the public attention, generated policy discourse and spawned considerable academic engagement. The Corruption Perception Index of Transparency International places India in the year 2017 in the 81st position, with a score of 40 out of a possible 100. This is a slip down from India’s position in the earlier years- 79th position in 1. Akhilesh Argal, an IFS officer of 1986 batch (MP Cadre), is Director, AIGGPA and Editor of the Journal of Governance and Policy Analysis. 2. Mangesh Tyagi, a retired IFS officer of 1983 batch (MP cadre), is Principal Advisor, Centre for Governance, AIGGPA and Editor of the Journal of Governance and Policy Analysis. 3. Dr. Indrani Barpujari is Advisor, Centre for Governance, AIGGPA and Associate Editor of the Journal of Governance and Policy Analysis. 1 Journal of Governance and Policy Analysis Volume 1 Issue 2 April 2018 2016 and 76th position in 2015. Corruption, defined as “…acts in which public power is used for personal gains in a manner that contravenes the rules of the game” (Jain, 2001) is a serious impediment towards achieving good governance and securing the well-being of the citizens. As Visvanathan (2008) observes, “it is a process of strip-mining the state, or turning it into an extractive economy for personal ends”. It is universally recognized that ‘ corruption…threatens the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law’ (United Nations Convention Against Corruption, 2004). Corruption has a detrimental effect on economic growth by influencing decisions on resource allocations, by changing prices and by influencing the availability of resources along with hurting the poor the most (Jain, 2011). It also deters investment: countries with a higher perception of corruption not only discourages financial institutions from long term investment but can actually result in capital outflows, creating a volatile economic environment (KPMG, 2011). A survey of existing literature indicates that rampant corruption in India may be attributed to lack of enforcement capacity, regulatory complexity, inadequate regulation of political finance, shortcomings in public sector recruitments and postings as well as rents associated with a government’s regulatory powers and weak and ineffective public institutions (including civil society, media, political parties and the legal system). Corruption also takes place in different forms and scales. In the particular context of India, corruption may be facilitative (which involves officials charging fees or bribes for activities that they should be doing in the first place), collusive (involving officials bending or breaking rules to benefit bribers) and extractive (where the official extracts funds from the government or private parties, either through harassment or stealth). Perhaps, the most important focus of the policy discourse on corruption has been on devising strategies to combat the same, with a broad range of tools being considered or deployed for the same. These include information/ bottom up monitoring, technology, financial incentives, electoral reform, legal and policy reform (Sukhtankar and Vaishnav, 2015). 2 Journal of Governance and Policy Analysis Volume 1 Issue 2 April 2018 Considering the centrality of the problem, there is, thus, need for more active policy discourse as well as academic engagement on the issue, more so with the objective of devising strategies to combat the same. This issue of AIGGPA’s Journal of Governance and Policy Analysis is dedicated to understanding the problem and devising strategies to combat corruption, taking on board the perspectives of luminaries and experts from different fields including politics, bureaucracy, police, academia and media. Yoginder K. Alagh in his paper “On Corruption” taps into his rich and diverse experiences across a lifetime spent in public service to come up with suggestions for checking corruption in India. He tries to contextualize the problem of corruption in India in the tension between the hierarchical, caste- ridden traditional society and democratic values as well as the erosion of social values and absence of the kind of dynamic leadership given by the leading figures of the freedom struggle. While reposing faith in the younger generation, the author also stresses on the important role of civil society and community leaders in keeping a check on corruption and makes a strong case for higher salaries for those holding public office. K.M. Acharya’s paper “ Corruption in India: A Point of View, in Ten Points” offers certain starting points which the author perceives as crucial to curbing corruption in India while emphasizing the need for serious intent on the part of all stakeholders including the common citizen. The paper while making a strong case for electoral reforms also stresses on the need not to elect corrupt candidates, greater accountability at the top, judicial accountability, and fast tracking of corruption cases. The paper “ Values versus Institutions: Strategies Against Corruption” by Dr. Jayaprakash Narayan is based on the premise that corruption in the public domain in India is not a result of societal failings or absence of values but a result of poor institution building, asymmetries of power and accountability, and perverse incentives that reward bad behavior. Dwelling on the intricate linkages between the nature of electoral process, political culture and corruption, the paper argues that political and electoral reform must be at the heart of a durable solution to the governance crisis, also proposing a number of strategies to deal with corruption namely elimination 3 Journal of Governance and Policy Analysis Volume 1 Issue 2 April 2018 of monopolies, public service guarantee, civil service reforms, strong anti- corruption institutions and mechanisms among others. M. Natarajan in his paper “ Administrative Corruption: Legal and Policy Reform” makes the case that checking administrative corruption is a sine qua non of good governance and proposes a number of legal and policy reforms for achieving the same. It argues that the top administrative brass has to lead by example by shunning ostentatious lifestyle while at the same time, firmly dealing with charges of corruption under their jurisdiction. At the same time, the paper emphasizes the necessity for a credible investigation and enforcement machinery coupled with appropriate penal statutes to ensure speedy disposal and award of deterrent punishments. Further, it also stresses on the use of technology for preventive vigilance as well as the need to deal with corruption at a socio-cultural level. The paper “An Anatomy of Corruption: The Scene in India” by R.K. Raghavan argues that corruption has become institutionalized through a close nexus between politicians and civil servants. The paper critically analyses some of the challenges faced by the investigative agencies-the CBI at the national level and the Vigilance Directorates at the state level in implementing the Prevention of Corruption Act, 1988. Shashidhar S. Kapur in his paper “Corruption in Media” provides an in-depth-perspective on the varied causes for corruption in the media and elaborates upon the various forms it may assume vis-a-vis the key role of the media in monitoring and investigating the actions of those in power and informing citizens about them. The paper also proposes certain strategies to combat corruption in the media which includes policies and legislation in support of freedom of the press, raising awareness of ethical standards, promoting media accountability as well as supporting investigative journalism, raising salaries of journalists etc. Finally, Indrani Barpujari in her
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