Governance PDF

# GOVERNANCE ## MEANING & EVOLUTION Traditionally, governments have played central/pivotal role in the delivery of goods and services. This role of the government has been fulfilled by its chief organ bureaucracy. Public administration has been dominated by the bureaucratic organisation since lo...

# GOVERNANCE ## MEANING & EVOLUTION Traditionally, governments have played central/pivotal role in the delivery of goods and services. This role of the government has been fulfilled by its chief organ bureaucracy. Public administration has been dominated by the bureaucratic organisation since long, with time and the evolving needs of the Society this bureaucratic model has shown several inadequacies to perform the existing tasks efficiently and effectively. It has proved to be apathetic and unmalleable, rigid to challenges or its structure to take on the failure challenges. As a result, the marked emerged as an alternative model of delivery of goods and services to the clients. Civil Society and the voluntary sector also emerged as the alternative for serving the people/citizens. This led to the emergence of non-state actors as crucial players in providing the services which were earlier considered to be the exclusive domain of the state. This interaction and the co-operation among various state and non-state actors has given rise to the concept of governance: This has been a shift from a monopolistic government to a broad-based/purratistic governance. So governance can be said to be a collective endeavour of the state, market and the civil society. Public/citizens in this framework of governance are not seen as passive recipients of benefits offered by the government, rather as an active stakeholders in the process of governance which has the right to receive certain entitlements which augments their standard of life. ## EVOLUTION OF GOVERNANCE Governance is not a new phenomenon and its traves can be seen in Kautily's Arthashastra. Ashoka's manas, heme, as a state and even as a government in operation may say that governance existed since the birth of state. However, as a subject it emerged in late 1980s and early 1990s, as a result of failure of marshal oriented reforms. Governance deals with collaborative partnership for effective policy formulation, implementation and evaluation. Good governance on the other hand aim and attempts to not just restrict itself to efficient and effective functioning, but also make it more open, accountable, democratic and responsive to the public. So, governance per se (by itself) is a neutral term, whereas good governance implies proactive all tributes and values associated with the quality of governance. Former UN secretary general Kofi Anan observed that, "Good governance is perhaps the most important factor in eradicating poverty and promoting development." Kautilya in Arthashashtra mentions the qualities of a King of well governed state as, " In the happiness of his subject, he himself doesn't consider as good, whatever pleases him, he in their welfare as well, but whatever pleases his subject he consider as good". Here we can conclude that good governance places citizens at the core, thereby making the citizen paramount. ## CHARACTERISTICS/ATTRIBUTES OF GOOD GOVERNANCE 1. **Participatory**: Citizens must have voice in decision making either directly or indirectly through legitimate institutions which represents their interests, with broad participation has to to be built on: * freedom of association and speech * Capabilities to participate constructively 2. **Rule of Law**: The legal framework or regulations should be fair and impartial. The enforcement has to be impartial. 3. **Transparency**: It is built on free flow of information directly accessible to those concerned with them. The processes, institutions and information should be accessible to those concerned with them. The processes, institutions and adequate information should be available to monitor, comprehend them. 4. **Accountability**: Decision makers in govt., private sector and civil society, organisations have to be accountable to the public and institutional stakeholders. 5. **Responsiveness**: The institutions and processes should be responsive to all stakeholders and hence they are there to serve all stakeholders and hence they are there responsive towards them. 6. **Consensus Orientation**: Good governance means mediating between the differing interests to reach broad consensus on what is in the best interest of the group and accommodate all view points. 7. **Equity and Inclusiveness**: All citizens must be provided with the opportunity to improve and maintain their wellbeing. It authorizes their full potential. 8. **Effectiveness & Efficiency**: Prudent and best use of resources by the institution to produce outcomes or results which meet their desired objectives. ## DIMENSIONS OF GOVERNANCE IN INDIA Department of Administrative Reforms and Public Grievances (DARPG) in its report titled "The State of Governance - A framework of assessment" has outlined 5 dimensions of governance: 1. **Political Dimension**: It is the most essential aspect of governance and deals with the quality of political contestation and conduct of individuals and institutions representing people. The use of or issue of political authority, decentralisation of power and citizens faith in political system. * **Vital components**: * exercise of franchise * profile, conduct of political representatives, parties and executives * legislative and its functioning * political decentralisation 2. **Legal and Judicial Dimension**: It seeks to measure if the state is exercising its powers within the constitution boundaries, Is it enabling access to justice and ensuring delivery of justice. * **Vital components**: * internal security & law and order * protection of basic rights of citizens * citizen-friendly police * judicial system - their accessibility and accountability 3. **Administrative Dimension**: Determines the ability of government to deliver basic services to citizens by efficient management of financial and human resources. It looks into the performance of state matter of corruption. * **Vital components**: * basic service delivery * engagement with citizens * management of resources * corruption, perception, vigilance & enforcement. 4. **Economic Dimension**: It pertains to the ability of state to ensure macroeconomic stability in country. * **Vital components**: * conducive business environment * fiscal stability 5. **Social and Environmental Dimension**: It is the ability of State to take care of vulnerable sections of society, increasing significance of environmental aspects, climate change. Long sea lenses has lead to the emergence of environmental components in governance. * **Vital components**: * welfare of poor & vulnerable * environmental management ## CITIZEN'S CHARTER (CC) It is not an Indian innovation and it came to India with conference of chief ministers held in 1997 when it was decided that at the union and state levels CC would be framed In all the public organisations which have a public interface. The DARPG was roped in to coordinate the efforts to formaliate and operationalise the CC. The DAR PG issued some guidelines for an effective CC. * CC should be simple, lucid, & comprehendable. * It should be designed after consulting the calling edge level bureaucracy, because ultimately they are the ones who are going to implement it. * Sensilize and train public servants, behaviours and attiude towards improving their functioning, otherwise the CC will not be implemented effectively. * DARPG recommended for each service, CC must mention about the entitlement of use. CC must mention standard and remedies available to the user. In case of non fulfilment of these standards the procedure/costs/charges should be displayed prominently at the enquiry counters and all the websites of organisations. * Feedback mechanism - mechanism to review the CC periodically and update it accordingly. * The DARPG suggested that this should be done twice a year. ## DEFICIENCES/ISSUES WITH CITIZEN CHARTER The Indian Institute of Public Administration (IIPA) and Public Affaire, Centre of Bengaluru have stated and analysed ec and observed the following shostcomings: 1. **Top Down Approach**: There is minimal or no consultation by apex level while formulating the CCP. Perception of organisations which formulate the CC is that it has to be formulated because there is no direction from the top. Organisation because there is no direction taken on board. The citizens are not taken on board. While framing a document that intends to provide a commitment to these very citizens. 2. **Lack of awareness with CC and underlying principle**: The earlier published information has to be provided and thus the public organisation has to provide the information material in the name of brochure, pamphlets publicity. 3. **Ambiguous & Vague Document**: Standards and lime norms are unreal. This creates an unfavourable impression. The SC is either too tight or too lax, i.e. they are unrealistic. Thus creates an unfavourable impression with the SC. Seoumen of public organisation while drafting CC. 4. **Lack of Remedial Mechanism and details of public grievance official**: It is often been witnessed that CC does not mention the authorities that can be contacted. If public organisations fail to provide the predetermined standards of service. Thus defeats the entire purpose of having CC in first place. 5. **Periodic Review**: The lack of an appropriate review and updation execase of CC, resistance to change, no or vare feedback from citizens has led to CC becoming fossilised and static document. 6. **Narrow Scope of CC**: The CC often does not cater to different sections of society like the senior citizens. Specialy enable people and even those who are digitally illiterate making it a paper tiger at best. 7. **No Legal Backing**: CC is not a legally enforceable document. 8. **One Size Fits all approach, uniform CC for whole organisations cannot serve the purpose because the requirements of the Hiss and field level offices are entirely different** ## SARC RECOMMENDATIONS The issue of making CC effective was analysed by the SARC in its fourth report "Ethies in Governance" and in the 12th report, "Citizen centric government". It has made the following recommendations: 1. **Internal Restructuring**: The CC will be successful in achieving, ## Sevottam Model It is a service delivery excellence model which provides an assessment improvement framework to bring excellence in public service delivery. It works as an evaluation mechanism to assess the quality of internal processes of an organisation and their impact on the quality of service delivering. The three components of this model are: 1. Effective CC implementation - It requires effective implementation of CC thereby creating a channel for receiving orzanisations feedback as to how the organisations determine service delivery requirements. It caters to the implementation, monitoring and review of CC. 2. Public Grievance Redressal - This component requires a sound public grievance redressal system. It aims at satisfying the citizen with how the organisation respond to the grievances. It caters to receipt & prevent. 3. Service Delivery - It deals with excellent performance in service delivery which can be achieved only be efficienlly managing the key ingredients for good sevice delivery and building its capacity for continuous improvement in service delivery. ## SARC ON SEVOTTAM MODEL The SARC was of the opinion that this is step in a right direction. But it would require further strengthening and refinement. It has been a voluntary initiative and the focus was largely on process standards rather than service standards. The commision was of the view that while good internal processes are necessary for better service annex, by themself they may not be sufficient. Therefore, there is a need to focus on better quality of service. This according to the SARC can be done / achieved by shifting the emphasis from process to the quality of services. The SARC observed that a model to make administration citizen-centric should be easy to understand by both citizens and organisations. Therefore, focusing on a model and implementing it following a top down approach is not always the best option. Since the maximum interaction of citizens takes place with the field offices, it is necessary that reforms for ensuring education a citizen centric administration occur at that level rather than following a trickle down approach by concentrating on reforms at the apex level. Thus while designing the CC It must be remembered that they are being designed according to the local conditions, that they are designed according to the local condtions rather than been imposed from above. "Some model". Most number of reforms carried out at the Head Quarter level do not trickle down to the field offices or do not spread to a large number of citizens. Often, cited examples in this regard pertain to the lack of citizen centric reforms at the village level due to which officials at the field level continue to be indifferent and corrupt. The SARC designed a seven step model for citizen centricity, to be adopted by the organisation claiming a public intefere. This model draw from the principles of Sevottam model, the bureau of Indian Standards (BIS) and customer service excellence order of UK. The organisation should follow a step by step approach which could help them in becoming increasingly more citizen centric. This approach should be followed by both the top management and unit having public interface (direct). The top has the dual responsibility of: - setting the Standards for itself. - guiding subordinate officers in setting their own Standards. Also all the supervisory levels need to ensure that the Standards Set by the subordinate offices are reaalistic and are in Synergy with the broad organisational goals. Consequently, though each office would have the autonomy to set standards, they would have to be in consonance with the overall organisational policies. The seven given steps are: - Define all the services within you provide & identify your clients. - Set the standards and norms for each service. - Develop the capabilities to meet the set standards. - Perform to achieve the standards. - Monitor the performance against the standards. - Evaluate the impact through an independent mechanism. - Continuous improvement based on monitoring and evaluation results. ## Social Audit Social audit is a tool to measure the non-financial activities and monitor the internal as well as external consequences of the operations of an organisation. The concept of social audit emerged in 1970s in countries like US, UK, Canada etc. In these nations companies were using national resources in the interest of few. Thus a need was felt to assess the impact these companies have on society and environment. The concept of social audit then evolved among corporate groups as a tool for reporting their contribution to the society and obtaining people's feedback on them to supplement their market and financial performance. Social audit highlights the "Social consequences" and not the economic consequences of a particular action. In India, TISCO, Jamshedpur was the first company to incorporate Social audit in 1979, and the concept gained prominence after the enactment of 73rd constitutional amendment act. This concept has been designed to devise a system of social accountability in which the people could themselves see the developmental activities are designed for whom. The developmental activities are being run according to the stated policies and plant. The Meghalaya became the first state to institutionalise this concept by bringing a law making Social audit a part of govt. practices. In 2019, it enacted the Meghalaya community participation and public service social audit ait. It was made applicable to all departments and it made social audit of govt. programs, which was so for carried out at initiative of CSOs. ## Objectives of Social Audit 1. Empowerment of beneficiaries in matter of planning, implementation and evaluation of development projects. 2. Ensure complete transparency in entire gamet of programme management. 3. Bring participative governance and outcome orientated. 4. To ensure accountability of programme manager and implementing agencies. ## Key Strengths of Social Audit: 1. It is not a post- mortem exercise. It begins right from stage of policy/programme formulation and goes till the very end the stage of policy/programme implementation and the hence it monitors and evaluates. 2. It focuses on outcome and impact of govt. activities. Its assess and measures the social benefit accrued as result of programme implementation. It promotes the overall impact of developmental plans. 3. Participatory in nature - It ensucre people's participation in developmental activities, involve in pushing ensuring that money is spent where is actually needed. Thus promote integrity and a sense of community feelings among citizens. 4. Organisational Improvement - Social audit identifies specific organisational improvement goals which could help government department reshape their priorities in accordance with the demands/needs of the citizens. 5. Continuous accountability - Social audit ensures that agencies is held on continuously managing and implementing the accountability of programme accounts of expenses incurred. 6. Keep bridges the gap between the goals and reality in output and outcome, efficiency and effectiveness. ## Weakness in Social Audit: 1. Lack of people's participation. 2. Lack of concrete legal proceedings. 3. Highly localised Scope of Social audit. 4. Over dependence of citizen on panchayat member for social audit. ## Ways to improve Social Audit: United Nations Department of economic and Social Affairs has recognised wide spectrum collaboration by civil society groups and audit institutions in multiple ways within exiting preambles / recommendations. 1. Successful example is "Implementation of - forwwww Argentina". 2. Direct participation in audits to demand follow up action in audh findings, eq. Phillippines. 3. Independent audit by civil society eg, India. ## CAG Task Group: The Social audit was set up CAG and it observed that Social audit adds depth and strengthens the their audit. For all Social sector programme. Itb CAG's audit and hence should be mainstreamer into CAG's audit and will ensure better compliance on a regular basis. This would have Social audit with the entire audit mechanism. an effect of strengthening ## Establishment of separate directorates for conducting Social audits as has been done by Rajasthan & Andhra pradesh. Performance indicators must be defined clearly and there should be clarity of purpose Simple audit training modules - Indian audit & account dep. can prepare some modules and disseminate them using digital media. The Stakeholders in govt. programmes i.e. locals / Villagers can be trained with official documentation and how to go about conducting the audit. Systematic documentation - Findings of each audit should be accessible and widely publicised, published through print, electronic and social media. Punitive measures - for any non conformity with the Social audit process and non-compliance with the follow up measures should have legally mandated backing which ensures that Social audit is effective. eg. Meghalaya. ## E-GOVERNANCE As per the world bank, E-governance refers to the use by government agencies of information and communication technology such as wide area network, internet and mobile computing, that can transform relations with the citizens, businesses, and other aims of government. The resulting benefits can be, less corruption, increased transparency. greater convenience, cost reduction and revenue growth. E-governance simply means that by applying ICT to the procedures of govt. functioning, it will bring about a SMART (Simple, moral, Accountable, Resposive & Transparant) recommendations. ## SARC RECOMMENDATIONS ON E-GOVERNANCE 1. **To build a Congenial environment**: This is a sine qua non for successfully executing e-governance initiative. The commission has recommended that this can be achieved through following: * Creating & showing a will to change within the government. * Backing it with the political support at the apex level. * Incentivising e-governance. * Generating awareness in citizens with the aim of induring a demand for change. 2. **Business Process Re-engineering**: As per the SARC the governmental processes should be redesigned to make them adaptable to e-governance and m-governance. This has to be supported by the necessary procedural and legal changes. 3. **Capacity Building & awareness spreading**: The SARC suggested that there is need to built capacity at multiple levels, which can be: * Organizational capacity building. * Skill upgradation of individuals associated with the implementation of e-governance projects. 4. **Safeguarding Critical information infrastructure assets**: The SARC evaluated existing policy concerning e-governance in the country and came to the conclusion that, there is an urgent need for developing a strategy for protecting such critical information infrastructure assets. 5. **Monitoring & Evaluation**: The e-governance projects must be monitored and evaluated during their implementation. SARC suggested that this should be done independently. 6. **PPP mode**: Many components of governance project are given undo the PPP mode and the SARC recommended that the private partner should be selected through transparent process and at initial stage itself the roles and responsibilities of both i.e. public player (Govt) and the private player must be defined clearly. 7. **Mission mode project on compensation of Land Records**: Surveys and measurements must be carried out in mission mode utilizing modern technology to arrive at accurate and correct picture of land holdings and the rectification of any outdated naps. This needs to be accompanied by dis analysing of the existing mechanism for regular updating of land records (when data from state to state ) to be improved. Supplemented by which ensures that all future transactions are immediately reflected in the land records. 8. **Legal framework for e-governance**: A clear roadmap with a set of milestones should be outlined by govt. of India with the ultimate objective of transforming citizen govt. interaction of all the levels. ## RIGHT TO INFORMATION People are central to governance forsocess and are increasingly becoming an active participant in day to day governance. The govt. is not expected to do everything on their own. -ly becoming. It is now recognised as a more of being a facilitator and is now expected to do everything on their own, but rather to be a partner of other stakeholders for delivering good governance. To ensure this it is necessary that all the stakeholder possess the information, which the state is supposed to share on a proactive basis. Transparency & information have seen mentioned by the World Bank as essential determinant of good governance in Its report. "Governance & Development". Max Weber mentions that, "secrecy is an invention of bureaucracy in the interest of power." American founding father and 3rd POTUS recognised (Thomas Jefferson) that, "Information is the currency of governance and essential to the emergence of and development of civil society." Free access to information reduces discretionary dements. In decision making by the bureaucracy. An information driven society leads to transparency, accountability and an open administration which is a fundamental requirement of democratic administration. ## RTI ACT It is a law to provide for setting out a practical regime of right to information for citizens. The parliament provided a statutory basis to right to information by enabling RTI act, 2005. Under it the citizen can obtain information from public authorities, which are also including any constitution, law of legislature, any government, any court, any minister, PSU's regulatory bodies, any organization, any entity owned, controlled or substantially financed by govt. The state must make information available to citizen proactively for which public information Officer have to be appointed and are duty bound to either request or provide information within 30 days. ## Exclusion under Section 8 of RTI Act The following 18 items are exempt from disclosure: * information where disclosure affects the sovereignty, security and integrity of India, affects it relation with any foreign state, Incites an offences pertain to the categories, Scientific, economic, interests of India. * Information that is expressly prohibited to be published by any court of law or tribunal or when may constitute a contempt of court. * It also exempts central intelligence & security agencies. eg: IB, DRI etc. However this exclusion is not absolute because information related to corruption made human right violation can be asked / sought for the disclosure of any information when leads to breach of privilege of parliament or state legislature. * any information pertaining to intellectual property, trade secrets, etc. can also be withheld. * The principle of "locus-Standi" cannot be applied to withhold or deny information under RTI act. ## RTI Amendment Act, 2019: The amendments made to the original RTI act, severely undermines the neutrality of information commissioner. It has potential to turn them into being more loyal towards the gort than to the statutory responsibility for when they are require to disclose their data and uphold the citizen right to information. ## RTI & Judiciary: In the CPIO, SC of India v/s Subhash Chandra Aggarwal, the supreme court declared that the CPIO of CJI is a public authority. In this crucial case, the court pronounced that the need to have transparency, did not undermine judicial independence and stated that independence and accountability go hands in hands in case of judiciary. The verdict of SC came upholding the defition of public authority by stating that the Delhi HC judgement, comes under the defition of public authority. The information act is bound by the inf right to know. It held that the decision to go for public disclosure must be taken on a case by case basis. Taking into consideration the compelling public interest and weighing them along with privacy claims. On the question of wether the SC under RTI, CJI was to separate authorities under the act of the court observed that SC of India 124 of a constitution is a public authority, in view of article 124 of a constitution, necessarily includes the CJI as well as other judges. It was fuerer held that the offices together, (conslide) the SC and are therefore, part and parcel Supreme Court as a body, authority and institution. ## CORRUPTION Pressure groups can be clamefied in following categories according to GABRIEL ALMONDS on the basis of their struture which are: 1. **Institutional Pressure Groups**: That is, the groups when exist within some institution like bureaucracy. This is a formally organised group and consists of profession persons eg. IAS association. 2. **Non Associational Pressure Groups**: These consist of people with similar ascuplive identities or postitions.. Ascuptive Identity means that a persons birth has been ascribed on the basis of a position, which has been ascribed on the basis of hal position which has been ascribed. religion, caste, gender etc. Formed on basis of above, i.e. caste, gender, etc.. Formed on basis of above mentioned identities and outsiders may not be allowed to join them, eg: Patel reservation agilalion. (Patidar Smiti), Jatt Sabha. 3. **Associational Pressure Groups**: Such groups are formed by people with similar class association eg. groups formed by laboureres, farmers association eg. Sanyukta Kisan Morcha, FICCI etc. 4. **Anomic Pressure Groups**: Formed spontaneously or could be in the form of criminal or terror outfit. They can also be formed spontaneously to agitate. They can also be formed spontaneously to agitate or lead resort to violent means to influence the govt. policy. eg. ULFA (united liberation front of Assam). ## Criticism of pressure groups in India: 1. Many pressure groups try to capture political power. 2. Most often the vulnerable groups / voices are left out and only the dominant one get head. 3. Lobbying of the pressure groups for unjustified demands or concessions from govt. 4. Many pressure groups often disintegrate and loose vigour. 5. They are unable to withstand any repression from authorities: In India the following types of pressure groups are generally said to strong. eg: business association which are much influential pressure group and influence gov' policy on e-economy, trade commerce etc, Next dominant are caste, religion and region based pressure groups along with some ideology based groups. Pressure groups having support of political parties are also very strong eg. AIFF, ABVP etc. In the comparison to western countries when have professional & independent thinktanks working as pressure groups, the fressence of such groups is still not strong in India in terms of allocation of policy interests. However, in India there is also a distinct type of dominance of feudal type association in terms of caste, religion, etc. making demands such as reservation in govt. jobs, organising protests against caste, region, like Hindi and even groups unlearting violence in the name of animal protection. Thus India has dominance of these groups more than the professional pressure groups. The prevalence of violent / anemie pressure groups can also be witnessed in areas of north east, LWE affected areas. ## CORRUPTION When we think of corruption, we recognise it as appearly bad and damaging descyplion for nations that allow it. It is not the recent frenomenon and was ever prevalent in ancient times. It has precisely been defined as deulant human behavior associated with the motivation of private gain at public expense and as such, has persisted for centuries. Corruption promotes illegalities, unthicalism, subjectivity, injustice, inefficiency, and inconsistency in administrative conduct & behaviour. It destroys the moral fabric of society and erodes faith of common public in legitimacy of the politico-administrative setup. Kautilya in Arthashastra has observed the following corruption, "Just as it is impossible not to taste honey (poison), that finds itself at the top of tongue, so it is impossible for a govt. official not to eat up, at least a bit of the king's revenue. Just as fish moving under water cannot be possibly found out, except as drinking or not drinking water, so the govt. servants employed in govt. work cannot be found out while taking money for themselves. This show that there is historical evidence of corruption. Being an anued phenomenon, It's damaging effects have now been recognised as a matter of grave public administrative concern generally and a special problem only now seen in the context of developing nations, challenging for development in context of developing nations. ## Causes of corruption: 1. **Desire for an unfair advantage**: Many officials are motivated to participate in corrupt behaviour because of selfish desire to have an unfair advantage over their peers. Through bribe, nepotism corruption can help dishonest 2. **Abuse of authority**: Someone unduly favouring or housing without recieving any bribe / gratification. 3. **Obstruction of justice**: By unduly influencing law enforcement agencies and prosecution. 4. **Squandering public money**: It includes lavish official lifestyles. This causes no financial gains or losses to individual. It is a drain on public resources. It reflects badly on the prevailing situation of general poverty. ## FOR GRANTING SANCTIONS: Small cases where the Government of India is empowered to grant sandions for prosecution, the power should be delegated to empowered committee comprising the Central vigilance commissioner (CVC) and departmental secretary to government. In case of a difference of opinion between the two the matter could be resolved by placing if bepre the full CVC. In case of sanction is required against a secretary to government, I then the empowered committee would comprise the cabinet secretary and the central vigilance commissioner. Similar arrangements may also be made at state level. ## SPEEDING UP TRIALS RELATED TO CORRUPTION A legal provision needs to be introduced, fixing a time limit for various stages of trial: - done by amendment to crpc. - The SC and HC may lay down guidelines to preclude unwarranted adjournments and avoidable delays. - Steps have to be taken to ensure that judges declard as special judges under the provision of POCAgive primary attention to disposal of cases under the POCAgive primary attention to disposal of cases under the all proceeding of courts byung cases under the POCA auheld on a day to day basis. ## OTHER FUNCTIONARIES Prevention of corruption Act should be suitably amended to indude In the purview private sector providing public utility services, eg: private electricity or water supplier. NGO Non governmental agencies which ensure substantial funding should be covered under POCA. Norms should be laid down that any institution or body that has received more than 50% of the annual operating cost, or a sum equal to or greater than ₹ 1 crore, during any of the preceding 3 years should be deemed to have obtained "Substantial Funding" for that period and purpose of such funding" ## PROPERTY ACQUIRED USING CORRUPT MEANS The concept public servant (forfeiture of property) as suggested by the law commission should be enoaled without further delay. The law commission of the view that for confiscation of property of pustic servant convided for possession of dis proportionate assets, the laul should shift the burden of proof on to public servant who is convided. The presumption in such cases, should be that the public servant who is found in possession of the disproportionate assets acquired by him through comept. Should be a proof of preponderance of probability. These requirments are adequately met. In draft bill proposed by Law commission. ## CITIZEN CHARTER: INVOLVEMENT Citizen's charter should be made effective by stipulating the sevice levels and also the remedy if the sevice levels are not met. Citizens may be involved in the assessment and maintenance of ethics in important govt. Institutions and offices. Reward schems should be introduced to incentivise citizens initiative. Short awareness programmes should be introduced highlighting importance of ethies & how corruption can be combated. ## Corruption: Corruption can be caused when there is excessive control and money can be power. In these circumstances there is an absence of a level-playing field and deusion will be made at the advantage of group/person to dominate politics of a country. So personal gain of citizens are often plundered for personal gain of public official. # Dysfunctional systems: Corruption may also occur due to instablility in the govt., war, religious conflict & economic inequality and social inequalities ## REFORMS TO POCA (2nd ARC on corruption) Gross perversion of constitution & democratic institutions amounting to wilful violation of oath of office because of: - Badisansap on animalily - - No money taking or other form of gratification may be presently not laws but ony public opinion & political pressure & individual concience can stop such behaviour. This is same hing: and unduly favouring or housung someone without recieving any bribe / gratification. ## Abuse of authority: In this case, such reasons fall outside the present legal definition of corruption but they still undermine the moral basis of governance and rule of law. ## Obstruction of justice: By unduly influencing law enforcement agencies and prosecution Here also, such actions are driven more by partisanship ties and prejudice than by monetary gains. ## Squandering public money: It includes lavish official lifestyles This causes no financial gain or losses to individual. It is a drain on public resources. It reflects badly on the prevailing situation of general poverty. ## FOR GRANTING SANCTIONS: In all cases where the Government of India is empowered to grant sanctions for prosecution, the power should be delegated to empowered committee comprising the Central vigilance commissioner (CVC) and departmental secretary to government. In case of a difference of opinion between the two, the matter could be resolved by placing it before the full CVC. In case of sanction is required against a secretary to government, I then the empowered committee would comprise the cabinet secretary and the central vigilance commissioner. Similar arrangements may also be made at state level. ## SPEEDING UP TRIALS RELATED TO CORRUPTION A legal provision needs to be introduced, fixing a time limit for various stages of trial: - done by amendment to crpc. - The SC and HC may lay down guidelines to preclude unwarranted adjournments and avoidable delays. - Steps have to be taken to ensure that judges declared as special judges under the provision of POCAgive primary attention to disposal of cases under the POCAgive primary attention to disposal of cases under the all-proceeding of courts byung cases under the POCA auheld on a day to day basis. ## OTHER FUNCTIONARIES Prevention of corruption Act should be suitably amended to indude in-He purview, private sector providing of public utility services, eg: private electricity or water supplier. NGO Non-governmental agencies which ensure substantial funding should be covered under POCA. Norms should be laid down that any institution or body that has received more than 50% of the annual operating cost, or a sum equal to or greater than ₹ 1 crore, during any of the preceding 3 years should be deemed to have obtained "Substantial Funding" for that period and purpose of such funding". ## PROPERTY ACQUIRED USING CORRUPT MEANS The concept public servant (forfeiture of property) as suggested by the law commission should be enoaled without further delay. The law commission of the view that for confiscation of property of pustic servant convided for possession of dis proportionate assets, the laul should shift the burden of proof on to public servant who is convided. The presumption in such cases, should be that the public servant who is found in possession of the disproportionate assets acquired by him through comept. Should be a proof of preponderance of probability. These requirements are adequately met. In draft bill proposed by Law commission. ## CITIZEN CHARTER: INVOLVEMENT Citizen's charter should be made effective by stipulating the sevice levels and also the remedy if the sevice levels are not met. Citizens may be involved in the assessment and maintenance of ethics in important govt. institutions and offices. Reward schems should be introduced to incentivise citizens initiative. Short awareness programmes should be introduced highlighting importance of ethies & how corruption can be combated.