CORRUPTION IN POLITICS (A SOCIO-LEGAL STUDY WITH SPECIAL REFERENCE TO INDIAN SCENARIO) ABSTRACT OF THE THESIS SUBMITTED FOR THE AWARD OF THE DEGREE OF doctor of pjilogopljp IN BY RIPU DAMAN PRATAP SINGH Under the Supervision of Dr. Zubair AhmadI KKha n ^fi (Reader) DEPARTMENT OF LAW ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2008 6) f $ « V) .14 ) ABSTRACT Corruption is a deviation from normal human behaviour in a geo­ political setting whereby causing the derailment of individual and institutional accountability, transparency and natural justice. Corruption is a barometer of a nations' development and decline which determines its stanching stature and estimation among the country of nation-states. But of late, corruption has become a way of national life and has already been institutionalized beyond the comprehension of ordinary human imagination. There are many challenges as communalism, regionalism, casteism, terrorism, corruption etc. Corruption is the most serious threat riding into the rank and file of our system. The canker of corruption is eating into the vitals of our polity and spreading like cancer, in the body of politics. Gravity of the problem can be understand from the speeches of President and Prime Minister delivered on various occasions to fight the demon of corruption, While addressing a conference of governors Mr. K.R. Narayanan, that time President of India, indicated the rising nexus among politician bureaucrats and criminals and advised them to use their constitutional power and influence against it. At the time of golden jubilee of the election commission on January 17, 2001. Mr. Narayanan further expressed deep concern about increasing role of money, muscles mafia in our elections. Corruption exist in various forms in different parts of government machinery. It has tighten its grip not only on legislature and bureaucracy, but also has taken judiciary into its clutches. 2 The corruption in politics in India in its present form, is a legacy of British Rule or in other words a progeny of colonialism. It became active in Indian polity with the implementation of provincial autonomy in 1937. Corruption became a lucrative business in post world war situation and developed as a institution of contractualism in middle and lower leaders, zamindars . Corruption breed corruption. When it sets in, it grows like weeds, that why Dr. Radhakrishnan ( Former President of India ) warned Jawaharlal Nehru - that time Prime Minsister against this evil and Mr. Nehru publically announced that people find indulging in corrupt practices will be hanged to electric poll. During 1980s to 1990, corruption became associated with occupants of the highest echelons of Indian political system. Late Shri Rajeev Gandhi's government rocked by scandal, as was the government of P.V. Narsimha Rao. Politicians have become so closely identified with corruption in public eye that once a poll India polls of 10554 adults in six metropolitan cities in India found that 98% public is convinced that politicians and ministers are corrupt with 85% observing that corruption is rising politics. According to transparency International, India has ninth rank in corruption in its 1996 list of 59 countries. Chief Minister of States have been found implicated in major corrupt transaction relating to liquar regulations, real estates, approval of large government contract, transfer of public servants and so on. For example, Amrit Nahata, a member of parliament, who produced a satirical film 'Kissa Kursi Ka' has recorded in the course of conversation 3 with some MPs over dinner including , Indira Gandhi remarked, Nahataji, "what is right and what is wrong in politics?". Nahata was shocked that even Prime Minister of the Country doubtful about the morality had place in politics. In a sting operation by Taheka.com in 2001, clearly exposed an intricate web of official corruption running vertically (form clerks through middle to top politicians and senior army officer) after then forced resignation, among other, of the former B JP president and that time defence minister of India George Fernandise, When Prime Minister, Mr. Atal Bihari Vajpayee openly warn agitating congress member in parliament that "those who lives in glass houses should not throw stone". Corruption touches new heights in the regime of P.V. Narasimha Rao (1991-96). Securities scam by Harshad Mehta (1993), J.M. Bribery case (1993), St. Kitts forgery case (1993) etc. were among the major scandles in which the Prime Minister himself was found indulged. Rao was punished by C.B.I, designated court in its historical decision in Sept. 2000. However, later Minister was exonerated by Higher Court. But it was the first incident of this type in which a former Prime Minister was sentenced. Whereas criminalization of politics is bad enough, a much more sinister development has been the politicization of criminals. The criminals who were earlier used by the politicians to win elections have now themselves entered the electoral area. A few example would illustrate the point. The BJP had sent 13 MP in eleventh Lok Sabha and Samajwadi Party had 7 MPs with criminal records, UP sent 28 MPs from different parties with criminal records to parliaments in 1996. The other example when a minister was campaigning in Gwalior circuit house, the dreaded dacoit Mohar Singh had free access to his bed room. 4 The Chief election commission T.N. Sheshan also said that the main problem planning election in India were three Ms i.e. money power, muscles power and minister power. Indian national election 2004 (Lok Sabha) more than half a dozen prisoners from Bihar only contested election from jail. A weekly news magazine, India Today, reported that of the 5539 candidates who contested the U.P. assembly election in 2007, 965 had criminal records. BJP leads the pack with 39 candidates, Janta Dal (S) with 28, congress with 25, candidates with criminal records. CHOICE OF THE TOPIC I regret to note that corruption has become a common phenomenon in post-modern times, the world over in general and India in particular. Since the issue of corruption in politics needs to be investigate and analyse in depth so as to find out its causes and consequent solutions. I did choose this area of study as my topic for Ph.D. thesis because it need urgent attention. It is unfortunate that corruption has settled it roots in almost all sphere of our political system from top to bottom and as such it not only remain as social menace but has also become an issue of legal attention. Although there exist a full-fledged legislation like Indian Penal Code, Criminal Procedure Code and Prevention of Corruption Act, yet the ambit of Act is not so wide as to cover entire spectrum of the growing disease called corruption engulfing our entire political system. Last but not the least, I am able to find out certain extra causes of corruption (in addition to the existing one) and suggest some remedies that it 5 would be a satisfactory contribution from a researcher towards the democratic credential and institutional improvement of polluted political system. STATEMENT OF PROBLEM The problem of corruption in Indian politics is a matter of grave concern everywhere particularly in newly independent states. "It is essential that the three pillars of democracy - legislature, executive and judiciary should be strong in structure, pure in form uncorrupted and unblemished in conduct." - A.P.J. Abdul Kalam (former President of India) "Every rupee spent by government for poverty alleviation, only fifteen paise is reaching to the beneficiary, forty paise spent on administrative overheads and the remaining forty five paise lost in corruption" - Rajeev Gandhi (former Prime Minister of India) The B.B.C. correspondent in India, Mark Tully in his seminal work 'India in slow motion' observed that "the [political] system, which is rotten , is being used not only by politicians but also bureaucrats in order to behave in a rotten way themselves". "I would go to the length of giving the whole congress a decent burial, rather than put up with corruption that is rampant" - Mahatma Gandhi, May 1939. Gandhi Ji expressed his concern at his daily prayer meeting on 21 December 1947 in these words: "/ hear from many trustworthy sources that it (corruption) is on the increase." 6 The first Prime Minister of India Jawahar Lai Nehru - "Publicly announced that people found indulging in corrupt practices will be hanged to Electric poles". The efforts of the leaders like Gandhi Ji and others, who tried to build the edifice of the new socio-political system in India on the foundations of moral and ethical values, seems fruitless now. Menace of corruption and widespread bribery could not be controlled in post-Independence India. The exhortations of Gandhi Ji proved whistle jigs to a milestones. The Committee on Prevention of corruption reports: "It was represented to us that has increased to such an extent that people have started losing faith in the integrity of political system. We heard from all sides that corruption has increased in recent years." With the passage of time the tentacles of this phenomenon appear to have reached to all segments of the society. Former Prime Minister, Shri Rajiv Gandhi, awfully observed during Congress Centenary Celebrations in Bombay in December, 1985 that: "And what of the iron frame of the system, the administrative and technical services, the police and the myriad functionaries of the state? They have done so much and can do so much more, but as the proverb says (that) there can be no protection if the fence starts eating the crop. This is what has happened. The fence has started eating the crop." Shri Rajiv Gandhi further lamented that: " corruption is not only tolerated but even regarded as the hallmark of leadership " India too is no exception.