Ethics in Governance | UPSC Mains: Ethics, Integrity & Aptitude PDF Download

 Page 1


1.1 Ethics is a set of standards that society places on itself and which helps guide behaviour,
choices and actions. The Commission is painfully aware that standards do not, by themselves,
ensure ethical behaviour; that requires a robust culture of integrity. The crux of ethical
behaviour does not lie in bold words and expressions enshrined as standards, but in their
adoption in action, in sanctions against their violations, in putting in place competent
disciplinary bodies to investigate allegations of violations and impose sanctions quickly and
in promoting a culture of integrity.
1.2 Corruption is an important manifestation of the failure of ethics. The word ‘corrupt’ is
derived from the Latin word ‘corruptus’, meaning ‘to break or destroy’. The word ‘ethics’ is
from the original Greek term ethikos, meaning ‘arising from habit’. It is unfortunate that
corruption has, for many , become a matter of habit, ranging from grand corruption involving
persons in high places to retail corruption touching the everyday life of common people.
1.3 Anti-corruption interventions so far made are seen to be ineffectual and there is widespread
public cynicism about them. The interventions are seen as mere posturing without any real
intention to bring the corrupt to book. They are also seen as handy weapons for partisan,
political use to harass opponents. Corruption is so deeply entrenched in the system that
most people regard corruption as inevitable and any effort to fight it as futile. This cynicism
is spreading so fast that it bodes ill for our democratic system itself.
1.4 There are two, somewhat contrary, approaches in dealing with corruption and abuse of
office. The first is overemphasis on values and character. Many people lament the decline in
values and the consequent rise in corruption. The implicit assumption is that until values
are restored, nothing much can be done to improve the conduct of human beings. The
second approach is based on the belief that most human beings are fundamentally decent
and socially conscious, but there is always a small proportion of people, which cannot reconcile
individual goals with the good of society. Such deviant people tend to pursue personal gain
at the cost of public good and the purpose of organized government is to punish such
deviant behaviour. If good behaviour is consistently rewarded and bad behaviour consistently
punished, the bulk of the people follow the straight and narrow path. However, if good
INTRODUCTION
1
Page 2


1.1 Ethics is a set of standards that society places on itself and which helps guide behaviour,
choices and actions. The Commission is painfully aware that standards do not, by themselves,
ensure ethical behaviour; that requires a robust culture of integrity. The crux of ethical
behaviour does not lie in bold words and expressions enshrined as standards, but in their
adoption in action, in sanctions against their violations, in putting in place competent
disciplinary bodies to investigate allegations of violations and impose sanctions quickly and
in promoting a culture of integrity.
1.2 Corruption is an important manifestation of the failure of ethics. The word ‘corrupt’ is
derived from the Latin word ‘corruptus’, meaning ‘to break or destroy’. The word ‘ethics’ is
from the original Greek term ethikos, meaning ‘arising from habit’. It is unfortunate that
corruption has, for many , become a matter of habit, ranging from grand corruption involving
persons in high places to retail corruption touching the everyday life of common people.
1.3 Anti-corruption interventions so far made are seen to be ineffectual and there is widespread
public cynicism about them. The interventions are seen as mere posturing without any real
intention to bring the corrupt to book. They are also seen as handy weapons for partisan,
political use to harass opponents. Corruption is so deeply entrenched in the system that
most people regard corruption as inevitable and any effort to fight it as futile. This cynicism
is spreading so fast that it bodes ill for our democratic system itself.
1.4 There are two, somewhat contrary, approaches in dealing with corruption and abuse of
office. The first is overemphasis on values and character. Many people lament the decline in
values and the consequent rise in corruption. The implicit assumption is that until values
are restored, nothing much can be done to improve the conduct of human beings. The
second approach is based on the belief that most human beings are fundamentally decent
and socially conscious, but there is always a small proportion of people, which cannot reconcile
individual goals with the good of society. Such deviant people tend to pursue personal gain
at the cost of public good and the purpose of organized government is to punish such
deviant behaviour. If good behaviour is consistently rewarded and bad behaviour consistently
punished, the bulk of the people follow the straight and narrow path. However, if good
INTRODUCTION
1
behaviour is not only not rewarded, but is actually fraught with difficulties and bad behaviour
is not only not punished, but is often extravagantly rewarded, then the bulk of the people
tend to stray from the honourable path.
1.5 In the real world, both values and institutions matter. Values are needed to serve as
guiding stars, and they exist in abundance in our society. A sense of right and wrong is
intrinsic to our culture and civilization. But values need to be sustained by institutions to be
durable and to serve as an example to others. V alues without institutional support will soon
be weakened and dissipated. Institutions provide the container, which gives shape and content
to values. This is the basis of all statecraft and laws and institutions. While incentives and
institutions matter for all people, they are critical in dealing with the army of public servants
– elected or appointed – endowed with authority to make decisions and impact on human
lives and exercising the power to determine allocation of resources. Public office and control
over public purse offer enormous temptation and opportunity to promote private gain at
public cost. Therefore, creation of institutions and designing of incentives are of utmost
importance in promoting ethical conduct of public servants.
1.6 In our society, corruption and abuse of office has been aggravated by three factors. First,
there is a colonial legacy of unchallenged authority and propensity to exercise power arbitrarily .
In a society which worships power, it is easy for public officials to deviate from ethical
conduct. Second, there is enormous asymmetry of power in our society. Nearly 90% of our
people are in the unorganized sector. Quite a number of them lead a precarious existence,
depending on subsistence wages with no job security. And nearly 70% of the organized
workers with job security and regular monthly wage are employed by the state directly or
through public sector undertakings. Almost all these employees are ‘educated’ in a largely
illiterate and semiliterate society and economically even the lowliest of public servants are
better off than most people in the country. What is more, their employment in government
comes with all the trappings of power. Such asymmetry of power reduces societal pressure
to conform to ethical behaviour and makes it easy to indulge in corruption.
1.7 Third, as a conscious choice, the Indian state in the early decades after Independence
chose a set of policies whose unintended consequence was to put the citizen at the mercy of
the State. Over regulation, severe restrictions on economic activity, excessive state control,
near-monopoly of the government in many sectors and an economy of scarcity all created
conditions conducive to unbridled corruption. In addition, many state subsidies and
beneficiary-oriented programmes in a situation of asymmetry of power converted the public
servant into patron and master and reduced most citizens into mendicants. This at once
enhanced opportunities to indulge in corruption and reduced the citizens’ capacity to resist
extortionary demands.
1.8 The experience of the past six decades in our country and elsewhere offers us valuable
lessons in curbing corruption. It is generally recognized that monopoly and discretion increase
the propensity to corruption while competition and transparency reduce corruption. This
has been dramatically witnessed in India in the wake of economic liberalization. As
competition came in and choice expanded, corruption plummeted. T elephones, steel, cement,
sugar and even two-wheelers are among the many sectors, which have seen enhanced supply
and choice, reducing or even eliminating corruption. Similarly, wherever technology and
transparency have been introduced, corruption has been significantly contained.
Computerization and access to information have made many services from railway reservation
to issuing of driving licenses increasingly free from corruption.
1.9 A factor which increases corruption is over-centralization. The more remotely power is
exercised from the people, the greater is the distance between authority and accountability.
The large number of functionaries between the citizen and final decision-makers makes
accountability diffused and the temptation to abuse authority strong. For a large democracy ,
India probably has the smallest number of final decision makers. Local Government is not
allowed to take root and power has been concentrated both horizontally and vertically in a
few hands. The net results are weakened citizenry and mounting corruption.
1.10 It is well recognized that every democracy requires the empowerment of citizens in
order to hold those in authority to account. Right to Information, effective citizens’ charters,
opportunity and incentives to promote proactive approach of citizens, stake-holders’
involvement in delivery of public services, public consultation in decision making and social
auditing are some of the instruments of accountability that dramatically curbed corruption
and promoted integrity and quality of decision making.
1.11 In the ultimate analysis, the state and a system of laws exist in order to enforce
compliance and promote desirable behaviour. Therefore, enforcement of rule of law and
deterrent punishment against corruption are critical to build an ethically sound society. A
detailed analysis of our anti-corruption mechanisms and the causes of their failure is necessary
in order to strengthen the forces of law and deter the corrupt public servants.
1.12 Perhaps the most important determinant of the integrity of a society or the prevalence
of corruption is the quality of politics. If politics attracts and rewards men and women of
integrity, competence and passion for public good, then the society is safe and integrity is
maintained. But if honesty is incompatible with survival in politics, and if public life attracts
undesirable and corrupt elements seeking private gain, then abuse of authority and corruption
become the norm. In such a political culture and climate, desirable initiatives will not yield
Ethics in Governance Introduction
Page 3


1.1 Ethics is a set of standards that society places on itself and which helps guide behaviour,
choices and actions. The Commission is painfully aware that standards do not, by themselves,
ensure ethical behaviour; that requires a robust culture of integrity. The crux of ethical
behaviour does not lie in bold words and expressions enshrined as standards, but in their
adoption in action, in sanctions against their violations, in putting in place competent
disciplinary bodies to investigate allegations of violations and impose sanctions quickly and
in promoting a culture of integrity.
1.2 Corruption is an important manifestation of the failure of ethics. The word ‘corrupt’ is
derived from the Latin word ‘corruptus’, meaning ‘to break or destroy’. The word ‘ethics’ is
from the original Greek term ethikos, meaning ‘arising from habit’. It is unfortunate that
corruption has, for many , become a matter of habit, ranging from grand corruption involving
persons in high places to retail corruption touching the everyday life of common people.
1.3 Anti-corruption interventions so far made are seen to be ineffectual and there is widespread
public cynicism about them. The interventions are seen as mere posturing without any real
intention to bring the corrupt to book. They are also seen as handy weapons for partisan,
political use to harass opponents. Corruption is so deeply entrenched in the system that
most people regard corruption as inevitable and any effort to fight it as futile. This cynicism
is spreading so fast that it bodes ill for our democratic system itself.
1.4 There are two, somewhat contrary, approaches in dealing with corruption and abuse of
office. The first is overemphasis on values and character. Many people lament the decline in
values and the consequent rise in corruption. The implicit assumption is that until values
are restored, nothing much can be done to improve the conduct of human beings. The
second approach is based on the belief that most human beings are fundamentally decent
and socially conscious, but there is always a small proportion of people, which cannot reconcile
individual goals with the good of society. Such deviant people tend to pursue personal gain
at the cost of public good and the purpose of organized government is to punish such
deviant behaviour. If good behaviour is consistently rewarded and bad behaviour consistently
punished, the bulk of the people follow the straight and narrow path. However, if good
INTRODUCTION
1
behaviour is not only not rewarded, but is actually fraught with difficulties and bad behaviour
is not only not punished, but is often extravagantly rewarded, then the bulk of the people
tend to stray from the honourable path.
1.5 In the real world, both values and institutions matter. Values are needed to serve as
guiding stars, and they exist in abundance in our society. A sense of right and wrong is
intrinsic to our culture and civilization. But values need to be sustained by institutions to be
durable and to serve as an example to others. V alues without institutional support will soon
be weakened and dissipated. Institutions provide the container, which gives shape and content
to values. This is the basis of all statecraft and laws and institutions. While incentives and
institutions matter for all people, they are critical in dealing with the army of public servants
– elected or appointed – endowed with authority to make decisions and impact on human
lives and exercising the power to determine allocation of resources. Public office and control
over public purse offer enormous temptation and opportunity to promote private gain at
public cost. Therefore, creation of institutions and designing of incentives are of utmost
importance in promoting ethical conduct of public servants.
1.6 In our society, corruption and abuse of office has been aggravated by three factors. First,
there is a colonial legacy of unchallenged authority and propensity to exercise power arbitrarily .
In a society which worships power, it is easy for public officials to deviate from ethical
conduct. Second, there is enormous asymmetry of power in our society. Nearly 90% of our
people are in the unorganized sector. Quite a number of them lead a precarious existence,
depending on subsistence wages with no job security. And nearly 70% of the organized
workers with job security and regular monthly wage are employed by the state directly or
through public sector undertakings. Almost all these employees are ‘educated’ in a largely
illiterate and semiliterate society and economically even the lowliest of public servants are
better off than most people in the country. What is more, their employment in government
comes with all the trappings of power. Such asymmetry of power reduces societal pressure
to conform to ethical behaviour and makes it easy to indulge in corruption.
1.7 Third, as a conscious choice, the Indian state in the early decades after Independence
chose a set of policies whose unintended consequence was to put the citizen at the mercy of
the State. Over regulation, severe restrictions on economic activity, excessive state control,
near-monopoly of the government in many sectors and an economy of scarcity all created
conditions conducive to unbridled corruption. In addition, many state subsidies and
beneficiary-oriented programmes in a situation of asymmetry of power converted the public
servant into patron and master and reduced most citizens into mendicants. This at once
enhanced opportunities to indulge in corruption and reduced the citizens’ capacity to resist
extortionary demands.
1.8 The experience of the past six decades in our country and elsewhere offers us valuable
lessons in curbing corruption. It is generally recognized that monopoly and discretion increase
the propensity to corruption while competition and transparency reduce corruption. This
has been dramatically witnessed in India in the wake of economic liberalization. As
competition came in and choice expanded, corruption plummeted. T elephones, steel, cement,
sugar and even two-wheelers are among the many sectors, which have seen enhanced supply
and choice, reducing or even eliminating corruption. Similarly, wherever technology and
transparency have been introduced, corruption has been significantly contained.
Computerization and access to information have made many services from railway reservation
to issuing of driving licenses increasingly free from corruption.
1.9 A factor which increases corruption is over-centralization. The more remotely power is
exercised from the people, the greater is the distance between authority and accountability.
The large number of functionaries between the citizen and final decision-makers makes
accountability diffused and the temptation to abuse authority strong. For a large democracy ,
India probably has the smallest number of final decision makers. Local Government is not
allowed to take root and power has been concentrated both horizontally and vertically in a
few hands. The net results are weakened citizenry and mounting corruption.
1.10 It is well recognized that every democracy requires the empowerment of citizens in
order to hold those in authority to account. Right to Information, effective citizens’ charters,
opportunity and incentives to promote proactive approach of citizens, stake-holders’
involvement in delivery of public services, public consultation in decision making and social
auditing are some of the instruments of accountability that dramatically curbed corruption
and promoted integrity and quality of decision making.
1.11 In the ultimate analysis, the state and a system of laws exist in order to enforce
compliance and promote desirable behaviour. Therefore, enforcement of rule of law and
deterrent punishment against corruption are critical to build an ethically sound society. A
detailed analysis of our anti-corruption mechanisms and the causes of their failure is necessary
in order to strengthen the forces of law and deter the corrupt public servants.
1.12 Perhaps the most important determinant of the integrity of a society or the prevalence
of corruption is the quality of politics. If politics attracts and rewards men and women of
integrity, competence and passion for public good, then the society is safe and integrity is
maintained. But if honesty is incompatible with survival in politics, and if public life attracts
undesirable and corrupt elements seeking private gain, then abuse of authority and corruption
become the norm. In such a political culture and climate, desirable initiatives will not yield
Ethics in Governance Introduction
adequate dividends. Competition and decentralization certainly reduce corruption in certain
sectors. But if the demand for corruption is fuelled by inexhaustible appetite for illegitimate
funds in politics, then other avenues of corruption will be forcibly opened up. As a result,
even as corruption declines in certain areas, it shifts to other, sometimes more dangerous,
areas in which competition cannot be introduced and the state exercises a natural monopoly .
What is needed with liberalisation is corresponding political and governance reform to alter
the incentives in politics and public office and to promote integrity and ethical conduct.
1.13 All forms of corruption are reprehensible and we need to promote a culture of zero-
tolerance of corruption. But some forms of corruption are much more pernicious than others
and deserve closer attention. In a vast majority of cases of bribery, the citizen is a victim of
extortion and is compelled to pay a bribe in order to get a service to which he is entitled.
Experience has taught most citizens that there is a vicious cycle of corruption operating and
they often end up losing much more by resisting corruption. Delays, harassment, lost
opportunity, loss of precious time and wages, uncertainty and, at times, potential danger of
loss of life or limb could result from resistance to corruption and non-compliance with
demands. In such cases, the citizen is an unwilling victim of coercive corruption. But there
are several cases of collusion between the bribe giver and corrupt public servant. In such
cases of collusive corruption, both parties benefit at immense cost to society. Awarding of
contracts for public works and procurement of goods and services, recruitment of employees,
evasion of taxes, substandard projects, collusive violation of regulations, adulteration of
foods and drugs, obstruction of justice and concealing or doctoring evidence in investigation
are all examples of such dangerous forms of corruption. As the economy is freed from state
controls, extortionary corruption declines and collusive corruption tends to increase.
We need to fashion strong and effective instruments to deal with this growing menace of
collusive corruption, which is undermining the very foundations of our democracy and
endangering society.
1.14 Corruption is a global phenomenon and has also become a serious global concern. The
United Nations Convention against Corruption was adopted by the UN General Assembly
in October 2003, providing an international instrument against corruption. The ADB-
OECD Anti-Corruption Action Plan, which has been signed by the Government of India, is
a broad understanding to further the cause of inter-regional cooperation in the matter of
prevention of corruption. The World Bank has also declared war against corruption by
refusing to fund projects whose implementation is tainted by corrupt practices. At the annual
meeting of the International Monetary Fund and the World Bank Group in Singapore in
2006, a joint statement was issued with major multilateral financial institutions agreeing on
a framework for preventing and combating fraud and corruption in the activities and
operations of their institutions.
1.15 In India, some recent anti-corruption initiatives are steps in the right direction. The
Supreme Court has ruled that candidates contesting elections should file details regarding
their wealth, educational qualifications and criminal antecedents along with their nomination
papers. The Right to Information Act, which has recently been enacted, is a potent weapon
to fight corruption. The introduction of information communication technologies, e-
governance initiatives and automation of corruption prone processes in administration have
succeeded in reducing corruption.
1.16 Much more remains to be done however, and beyond the realm of existing regulation.
The escalating levels of corruption in various segments of our economy resulting in large-
scale generation of black money , serious economic offences and fraud, and money laundering
leading even to the funding of terrorist activities against the State, have created a grave
situation which needs to be dealt with severely. Benami properties of corrupt public servants
need to be forfeited, as also the assets illegally acquired from corrupt practices. Whistleblower
legislation has to be put in place to protect informants against retribution. Also, we have to
suitably strengthen the institutional framework for investigating corrupt practices and
awarding exemplary punishment to the corrupt thereby raising the risk associated with
corrupt behaviour.
1.17 Ethics in governance, however, has a much wider import than what happens in the
different arms of the government. An across-the-board effort is needed to fight deviations
from ethical norms. Such an effort needs to include corporate ethics and ethics in business;
in fact, there should be a paradigm shift from the pejorative ‘business ethics’ to ‘ethics in
business’. There is need for ethics in every profession, voluntary organization and civil society
structure as these entities are now vitally involved in the process of governance. Finally,
there should be ethics in citizen behaviour because such behaviour impinges directly on
ethics in government and administration.
1.18 One of the terms of reference of the Administrative Reforms Commission pertains to
ethics in governance, specifically the following aspects:-
A. V igilance and Corruption:
• Strengthening pro-active vigilance to eliminate corruption and harassment to honest
civil servants including, wherever necessary , limiting executive discretion.
• Addressing systemic deficiencies manifesting in reluctance to punish the corrupt.
• (a) Identify procedures, rules and regulations and factors which lead to corruption
(b) suggest measures to combat corruption and arbitrary decision making, and
Ethics in Governance Introduction
Page 4


1.1 Ethics is a set of standards that society places on itself and which helps guide behaviour,
choices and actions. The Commission is painfully aware that standards do not, by themselves,
ensure ethical behaviour; that requires a robust culture of integrity. The crux of ethical
behaviour does not lie in bold words and expressions enshrined as standards, but in their
adoption in action, in sanctions against their violations, in putting in place competent
disciplinary bodies to investigate allegations of violations and impose sanctions quickly and
in promoting a culture of integrity.
1.2 Corruption is an important manifestation of the failure of ethics. The word ‘corrupt’ is
derived from the Latin word ‘corruptus’, meaning ‘to break or destroy’. The word ‘ethics’ is
from the original Greek term ethikos, meaning ‘arising from habit’. It is unfortunate that
corruption has, for many , become a matter of habit, ranging from grand corruption involving
persons in high places to retail corruption touching the everyday life of common people.
1.3 Anti-corruption interventions so far made are seen to be ineffectual and there is widespread
public cynicism about them. The interventions are seen as mere posturing without any real
intention to bring the corrupt to book. They are also seen as handy weapons for partisan,
political use to harass opponents. Corruption is so deeply entrenched in the system that
most people regard corruption as inevitable and any effort to fight it as futile. This cynicism
is spreading so fast that it bodes ill for our democratic system itself.
1.4 There are two, somewhat contrary, approaches in dealing with corruption and abuse of
office. The first is overemphasis on values and character. Many people lament the decline in
values and the consequent rise in corruption. The implicit assumption is that until values
are restored, nothing much can be done to improve the conduct of human beings. The
second approach is based on the belief that most human beings are fundamentally decent
and socially conscious, but there is always a small proportion of people, which cannot reconcile
individual goals with the good of society. Such deviant people tend to pursue personal gain
at the cost of public good and the purpose of organized government is to punish such
deviant behaviour. If good behaviour is consistently rewarded and bad behaviour consistently
punished, the bulk of the people follow the straight and narrow path. However, if good
INTRODUCTION
1
behaviour is not only not rewarded, but is actually fraught with difficulties and bad behaviour
is not only not punished, but is often extravagantly rewarded, then the bulk of the people
tend to stray from the honourable path.
1.5 In the real world, both values and institutions matter. Values are needed to serve as
guiding stars, and they exist in abundance in our society. A sense of right and wrong is
intrinsic to our culture and civilization. But values need to be sustained by institutions to be
durable and to serve as an example to others. V alues without institutional support will soon
be weakened and dissipated. Institutions provide the container, which gives shape and content
to values. This is the basis of all statecraft and laws and institutions. While incentives and
institutions matter for all people, they are critical in dealing with the army of public servants
– elected or appointed – endowed with authority to make decisions and impact on human
lives and exercising the power to determine allocation of resources. Public office and control
over public purse offer enormous temptation and opportunity to promote private gain at
public cost. Therefore, creation of institutions and designing of incentives are of utmost
importance in promoting ethical conduct of public servants.
1.6 In our society, corruption and abuse of office has been aggravated by three factors. First,
there is a colonial legacy of unchallenged authority and propensity to exercise power arbitrarily .
In a society which worships power, it is easy for public officials to deviate from ethical
conduct. Second, there is enormous asymmetry of power in our society. Nearly 90% of our
people are in the unorganized sector. Quite a number of them lead a precarious existence,
depending on subsistence wages with no job security. And nearly 70% of the organized
workers with job security and regular monthly wage are employed by the state directly or
through public sector undertakings. Almost all these employees are ‘educated’ in a largely
illiterate and semiliterate society and economically even the lowliest of public servants are
better off than most people in the country. What is more, their employment in government
comes with all the trappings of power. Such asymmetry of power reduces societal pressure
to conform to ethical behaviour and makes it easy to indulge in corruption.
1.7 Third, as a conscious choice, the Indian state in the early decades after Independence
chose a set of policies whose unintended consequence was to put the citizen at the mercy of
the State. Over regulation, severe restrictions on economic activity, excessive state control,
near-monopoly of the government in many sectors and an economy of scarcity all created
conditions conducive to unbridled corruption. In addition, many state subsidies and
beneficiary-oriented programmes in a situation of asymmetry of power converted the public
servant into patron and master and reduced most citizens into mendicants. This at once
enhanced opportunities to indulge in corruption and reduced the citizens’ capacity to resist
extortionary demands.
1.8 The experience of the past six decades in our country and elsewhere offers us valuable
lessons in curbing corruption. It is generally recognized that monopoly and discretion increase
the propensity to corruption while competition and transparency reduce corruption. This
has been dramatically witnessed in India in the wake of economic liberalization. As
competition came in and choice expanded, corruption plummeted. T elephones, steel, cement,
sugar and even two-wheelers are among the many sectors, which have seen enhanced supply
and choice, reducing or even eliminating corruption. Similarly, wherever technology and
transparency have been introduced, corruption has been significantly contained.
Computerization and access to information have made many services from railway reservation
to issuing of driving licenses increasingly free from corruption.
1.9 A factor which increases corruption is over-centralization. The more remotely power is
exercised from the people, the greater is the distance between authority and accountability.
The large number of functionaries between the citizen and final decision-makers makes
accountability diffused and the temptation to abuse authority strong. For a large democracy ,
India probably has the smallest number of final decision makers. Local Government is not
allowed to take root and power has been concentrated both horizontally and vertically in a
few hands. The net results are weakened citizenry and mounting corruption.
1.10 It is well recognized that every democracy requires the empowerment of citizens in
order to hold those in authority to account. Right to Information, effective citizens’ charters,
opportunity and incentives to promote proactive approach of citizens, stake-holders’
involvement in delivery of public services, public consultation in decision making and social
auditing are some of the instruments of accountability that dramatically curbed corruption
and promoted integrity and quality of decision making.
1.11 In the ultimate analysis, the state and a system of laws exist in order to enforce
compliance and promote desirable behaviour. Therefore, enforcement of rule of law and
deterrent punishment against corruption are critical to build an ethically sound society. A
detailed analysis of our anti-corruption mechanisms and the causes of their failure is necessary
in order to strengthen the forces of law and deter the corrupt public servants.
1.12 Perhaps the most important determinant of the integrity of a society or the prevalence
of corruption is the quality of politics. If politics attracts and rewards men and women of
integrity, competence and passion for public good, then the society is safe and integrity is
maintained. But if honesty is incompatible with survival in politics, and if public life attracts
undesirable and corrupt elements seeking private gain, then abuse of authority and corruption
become the norm. In such a political culture and climate, desirable initiatives will not yield
Ethics in Governance Introduction
adequate dividends. Competition and decentralization certainly reduce corruption in certain
sectors. But if the demand for corruption is fuelled by inexhaustible appetite for illegitimate
funds in politics, then other avenues of corruption will be forcibly opened up. As a result,
even as corruption declines in certain areas, it shifts to other, sometimes more dangerous,
areas in which competition cannot be introduced and the state exercises a natural monopoly .
What is needed with liberalisation is corresponding political and governance reform to alter
the incentives in politics and public office and to promote integrity and ethical conduct.
1.13 All forms of corruption are reprehensible and we need to promote a culture of zero-
tolerance of corruption. But some forms of corruption are much more pernicious than others
and deserve closer attention. In a vast majority of cases of bribery, the citizen is a victim of
extortion and is compelled to pay a bribe in order to get a service to which he is entitled.
Experience has taught most citizens that there is a vicious cycle of corruption operating and
they often end up losing much more by resisting corruption. Delays, harassment, lost
opportunity, loss of precious time and wages, uncertainty and, at times, potential danger of
loss of life or limb could result from resistance to corruption and non-compliance with
demands. In such cases, the citizen is an unwilling victim of coercive corruption. But there
are several cases of collusion between the bribe giver and corrupt public servant. In such
cases of collusive corruption, both parties benefit at immense cost to society. Awarding of
contracts for public works and procurement of goods and services, recruitment of employees,
evasion of taxes, substandard projects, collusive violation of regulations, adulteration of
foods and drugs, obstruction of justice and concealing or doctoring evidence in investigation
are all examples of such dangerous forms of corruption. As the economy is freed from state
controls, extortionary corruption declines and collusive corruption tends to increase.
We need to fashion strong and effective instruments to deal with this growing menace of
collusive corruption, which is undermining the very foundations of our democracy and
endangering society.
1.14 Corruption is a global phenomenon and has also become a serious global concern. The
United Nations Convention against Corruption was adopted by the UN General Assembly
in October 2003, providing an international instrument against corruption. The ADB-
OECD Anti-Corruption Action Plan, which has been signed by the Government of India, is
a broad understanding to further the cause of inter-regional cooperation in the matter of
prevention of corruption. The World Bank has also declared war against corruption by
refusing to fund projects whose implementation is tainted by corrupt practices. At the annual
meeting of the International Monetary Fund and the World Bank Group in Singapore in
2006, a joint statement was issued with major multilateral financial institutions agreeing on
a framework for preventing and combating fraud and corruption in the activities and
operations of their institutions.
1.15 In India, some recent anti-corruption initiatives are steps in the right direction. The
Supreme Court has ruled that candidates contesting elections should file details regarding
their wealth, educational qualifications and criminal antecedents along with their nomination
papers. The Right to Information Act, which has recently been enacted, is a potent weapon
to fight corruption. The introduction of information communication technologies, e-
governance initiatives and automation of corruption prone processes in administration have
succeeded in reducing corruption.
1.16 Much more remains to be done however, and beyond the realm of existing regulation.
The escalating levels of corruption in various segments of our economy resulting in large-
scale generation of black money , serious economic offences and fraud, and money laundering
leading even to the funding of terrorist activities against the State, have created a grave
situation which needs to be dealt with severely. Benami properties of corrupt public servants
need to be forfeited, as also the assets illegally acquired from corrupt practices. Whistleblower
legislation has to be put in place to protect informants against retribution. Also, we have to
suitably strengthen the institutional framework for investigating corrupt practices and
awarding exemplary punishment to the corrupt thereby raising the risk associated with
corrupt behaviour.
1.17 Ethics in governance, however, has a much wider import than what happens in the
different arms of the government. An across-the-board effort is needed to fight deviations
from ethical norms. Such an effort needs to include corporate ethics and ethics in business;
in fact, there should be a paradigm shift from the pejorative ‘business ethics’ to ‘ethics in
business’. There is need for ethics in every profession, voluntary organization and civil society
structure as these entities are now vitally involved in the process of governance. Finally,
there should be ethics in citizen behaviour because such behaviour impinges directly on
ethics in government and administration.
1.18 One of the terms of reference of the Administrative Reforms Commission pertains to
ethics in governance, specifically the following aspects:-
A. V igilance and Corruption:
• Strengthening pro-active vigilance to eliminate corruption and harassment to honest
civil servants including, wherever necessary , limiting executive discretion.
• Addressing systemic deficiencies manifesting in reluctance to punish the corrupt.
• (a) Identify procedures, rules and regulations and factors which lead to corruption
(b) suggest measures to combat corruption and arbitrary decision making, and
Ethics in Governance Introduction
(c) suggest a framework for their periodical review in consultation with the
stakeholders.
B. Relationship between P olitical Executive and P ermanent Civil Service:
• T o suggest improvements in the institutional arrangements for smooth, efficient
and harmonious relationship between civil service and the political executive.
C. Code of Conduct for different organs of Government :
• P olitical Executive, Civil Services, etc.
1.19 While the Commission has examined  items A & C in considerable detail in this Report;
item B will be dealt with comprehensively in the ARC’s report on Civil Services Reforms.
The Commission has examined the relevant laws, codes and manuals, which deal with ethics
and corruption. It has critically studied the institutional framework that investigates
corruption and brings the corrupt to book. It has also looked at the corruption prone processes
in government and examined the systems, rules and procedures, which govern these processes.
1.20 In order to ascertain views from different stakeholders on ethics in governance, the
Commission organized a National Colloquium at the National Judicial Academy, Bhopal in
September 2006. The Commission expresses its deep gratitude to the then Chief Justice of
India, Mr. Justice Shri Y K Sabharwal who delivered the valedictory address
1
, the Minister
of State for Personnel Public Grievances & Pensions and Parliamentary Affairs Shri Suresh
Pachouri who presided over the inaugural function
2
 and to Mr. Justice S.B.Sinha for his
valuable suggestions. The Chairman ARC addressed the gathering
3
. The list of participants
at the National Colloquium organized by the Commission on the subject is at Annexure
I(4). The recommendations of the Colloquium are at Annexure I(5). The questionnaire
circulated to various stakeholders is at Annexure I(6).
1.21 The Commission would like to place on record its gratitude to the Lokayuktas,
representatives of CVC and the state anti corruption wings, members of ‘citizens’ initiatives’,
officers of Government of India and the State Governments for their active participation in
the workshop. The Commission also expresses its deep gratitude to Mr Justice J S Verma,
former CJI; Mr Justice M N Venkatachaliah, former CJI; Mr. Justice Santosh Hegde,
former Judge, Supreme Court; Mr Justice N Venkatchala, former Lokayukta Karnataka;
Shri Fali Nariman; Shri B V Acharya, former Advocate General, Karnataka;
Shri K R Chamayya, former Law Secretary, Government of Karnataka; Shri K Eshwara
Bhat, former Law Secretary, Government of Karnataka and Admiral R H Tahiliani (Retd),
Chairman, Transparency International, India, whose views and suggestions have been of
immense help to the Commission in articulating its recommendations. The Commission
expresses its appreciation for the valuable contribution made by Shri S K Das, Consultant
ARC in drafting this Report.
1.22 As issues relating to ethics in governance cut across other terms of reference, an attempt
has been made to deal with the major issues in this Report. The Report is organized in nine
chapters dealing with different aspects of ethics in governance. The recommendations range
from those seeking to change the legal framework to those which could be implemented
through executive directions within a short time frame. Recommendations which could be
implemented immediately through executive direction are identified by prefixing a symbol
‘*’, in the Summary of Recommendations.
Ethics in Governance Introduction
Page 5


1.1 Ethics is a set of standards that society places on itself and which helps guide behaviour,
choices and actions. The Commission is painfully aware that standards do not, by themselves,
ensure ethical behaviour; that requires a robust culture of integrity. The crux of ethical
behaviour does not lie in bold words and expressions enshrined as standards, but in their
adoption in action, in sanctions against their violations, in putting in place competent
disciplinary bodies to investigate allegations of violations and impose sanctions quickly and
in promoting a culture of integrity.
1.2 Corruption is an important manifestation of the failure of ethics. The word ‘corrupt’ is
derived from the Latin word ‘corruptus’, meaning ‘to break or destroy’. The word ‘ethics’ is
from the original Greek term ethikos, meaning ‘arising from habit’. It is unfortunate that
corruption has, for many , become a matter of habit, ranging from grand corruption involving
persons in high places to retail corruption touching the everyday life of common people.
1.3 Anti-corruption interventions so far made are seen to be ineffectual and there is widespread
public cynicism about them. The interventions are seen as mere posturing without any real
intention to bring the corrupt to book. They are also seen as handy weapons for partisan,
political use to harass opponents. Corruption is so deeply entrenched in the system that
most people regard corruption as inevitable and any effort to fight it as futile. This cynicism
is spreading so fast that it bodes ill for our democratic system itself.
1.4 There are two, somewhat contrary, approaches in dealing with corruption and abuse of
office. The first is overemphasis on values and character. Many people lament the decline in
values and the consequent rise in corruption. The implicit assumption is that until values
are restored, nothing much can be done to improve the conduct of human beings. The
second approach is based on the belief that most human beings are fundamentally decent
and socially conscious, but there is always a small proportion of people, which cannot reconcile
individual goals with the good of society. Such deviant people tend to pursue personal gain
at the cost of public good and the purpose of organized government is to punish such
deviant behaviour. If good behaviour is consistently rewarded and bad behaviour consistently
punished, the bulk of the people follow the straight and narrow path. However, if good
INTRODUCTION
1
behaviour is not only not rewarded, but is actually fraught with difficulties and bad behaviour
is not only not punished, but is often extravagantly rewarded, then the bulk of the people
tend to stray from the honourable path.
1.5 In the real world, both values and institutions matter. Values are needed to serve as
guiding stars, and they exist in abundance in our society. A sense of right and wrong is
intrinsic to our culture and civilization. But values need to be sustained by institutions to be
durable and to serve as an example to others. V alues without institutional support will soon
be weakened and dissipated. Institutions provide the container, which gives shape and content
to values. This is the basis of all statecraft and laws and institutions. While incentives and
institutions matter for all people, they are critical in dealing with the army of public servants
– elected or appointed – endowed with authority to make decisions and impact on human
lives and exercising the power to determine allocation of resources. Public office and control
over public purse offer enormous temptation and opportunity to promote private gain at
public cost. Therefore, creation of institutions and designing of incentives are of utmost
importance in promoting ethical conduct of public servants.
1.6 In our society, corruption and abuse of office has been aggravated by three factors. First,
there is a colonial legacy of unchallenged authority and propensity to exercise power arbitrarily .
In a society which worships power, it is easy for public officials to deviate from ethical
conduct. Second, there is enormous asymmetry of power in our society. Nearly 90% of our
people are in the unorganized sector. Quite a number of them lead a precarious existence,
depending on subsistence wages with no job security. And nearly 70% of the organized
workers with job security and regular monthly wage are employed by the state directly or
through public sector undertakings. Almost all these employees are ‘educated’ in a largely
illiterate and semiliterate society and economically even the lowliest of public servants are
better off than most people in the country. What is more, their employment in government
comes with all the trappings of power. Such asymmetry of power reduces societal pressure
to conform to ethical behaviour and makes it easy to indulge in corruption.
1.7 Third, as a conscious choice, the Indian state in the early decades after Independence
chose a set of policies whose unintended consequence was to put the citizen at the mercy of
the State. Over regulation, severe restrictions on economic activity, excessive state control,
near-monopoly of the government in many sectors and an economy of scarcity all created
conditions conducive to unbridled corruption. In addition, many state subsidies and
beneficiary-oriented programmes in a situation of asymmetry of power converted the public
servant into patron and master and reduced most citizens into mendicants. This at once
enhanced opportunities to indulge in corruption and reduced the citizens’ capacity to resist
extortionary demands.
1.8 The experience of the past six decades in our country and elsewhere offers us valuable
lessons in curbing corruption. It is generally recognized that monopoly and discretion increase
the propensity to corruption while competition and transparency reduce corruption. This
has been dramatically witnessed in India in the wake of economic liberalization. As
competition came in and choice expanded, corruption plummeted. T elephones, steel, cement,
sugar and even two-wheelers are among the many sectors, which have seen enhanced supply
and choice, reducing or even eliminating corruption. Similarly, wherever technology and
transparency have been introduced, corruption has been significantly contained.
Computerization and access to information have made many services from railway reservation
to issuing of driving licenses increasingly free from corruption.
1.9 A factor which increases corruption is over-centralization. The more remotely power is
exercised from the people, the greater is the distance between authority and accountability.
The large number of functionaries between the citizen and final decision-makers makes
accountability diffused and the temptation to abuse authority strong. For a large democracy ,
India probably has the smallest number of final decision makers. Local Government is not
allowed to take root and power has been concentrated both horizontally and vertically in a
few hands. The net results are weakened citizenry and mounting corruption.
1.10 It is well recognized that every democracy requires the empowerment of citizens in
order to hold those in authority to account. Right to Information, effective citizens’ charters,
opportunity and incentives to promote proactive approach of citizens, stake-holders’
involvement in delivery of public services, public consultation in decision making and social
auditing are some of the instruments of accountability that dramatically curbed corruption
and promoted integrity and quality of decision making.
1.11 In the ultimate analysis, the state and a system of laws exist in order to enforce
compliance and promote desirable behaviour. Therefore, enforcement of rule of law and
deterrent punishment against corruption are critical to build an ethically sound society. A
detailed analysis of our anti-corruption mechanisms and the causes of their failure is necessary
in order to strengthen the forces of law and deter the corrupt public servants.
1.12 Perhaps the most important determinant of the integrity of a society or the prevalence
of corruption is the quality of politics. If politics attracts and rewards men and women of
integrity, competence and passion for public good, then the society is safe and integrity is
maintained. But if honesty is incompatible with survival in politics, and if public life attracts
undesirable and corrupt elements seeking private gain, then abuse of authority and corruption
become the norm. In such a political culture and climate, desirable initiatives will not yield
Ethics in Governance Introduction
adequate dividends. Competition and decentralization certainly reduce corruption in certain
sectors. But if the demand for corruption is fuelled by inexhaustible appetite for illegitimate
funds in politics, then other avenues of corruption will be forcibly opened up. As a result,
even as corruption declines in certain areas, it shifts to other, sometimes more dangerous,
areas in which competition cannot be introduced and the state exercises a natural monopoly .
What is needed with liberalisation is corresponding political and governance reform to alter
the incentives in politics and public office and to promote integrity and ethical conduct.
1.13 All forms of corruption are reprehensible and we need to promote a culture of zero-
tolerance of corruption. But some forms of corruption are much more pernicious than others
and deserve closer attention. In a vast majority of cases of bribery, the citizen is a victim of
extortion and is compelled to pay a bribe in order to get a service to which he is entitled.
Experience has taught most citizens that there is a vicious cycle of corruption operating and
they often end up losing much more by resisting corruption. Delays, harassment, lost
opportunity, loss of precious time and wages, uncertainty and, at times, potential danger of
loss of life or limb could result from resistance to corruption and non-compliance with
demands. In such cases, the citizen is an unwilling victim of coercive corruption. But there
are several cases of collusion between the bribe giver and corrupt public servant. In such
cases of collusive corruption, both parties benefit at immense cost to society. Awarding of
contracts for public works and procurement of goods and services, recruitment of employees,
evasion of taxes, substandard projects, collusive violation of regulations, adulteration of
foods and drugs, obstruction of justice and concealing or doctoring evidence in investigation
are all examples of such dangerous forms of corruption. As the economy is freed from state
controls, extortionary corruption declines and collusive corruption tends to increase.
We need to fashion strong and effective instruments to deal with this growing menace of
collusive corruption, which is undermining the very foundations of our democracy and
endangering society.
1.14 Corruption is a global phenomenon and has also become a serious global concern. The
United Nations Convention against Corruption was adopted by the UN General Assembly
in October 2003, providing an international instrument against corruption. The ADB-
OECD Anti-Corruption Action Plan, which has been signed by the Government of India, is
a broad understanding to further the cause of inter-regional cooperation in the matter of
prevention of corruption. The World Bank has also declared war against corruption by
refusing to fund projects whose implementation is tainted by corrupt practices. At the annual
meeting of the International Monetary Fund and the World Bank Group in Singapore in
2006, a joint statement was issued with major multilateral financial institutions agreeing on
a framework for preventing and combating fraud and corruption in the activities and
operations of their institutions.
1.15 In India, some recent anti-corruption initiatives are steps in the right direction. The
Supreme Court has ruled that candidates contesting elections should file details regarding
their wealth, educational qualifications and criminal antecedents along with their nomination
papers. The Right to Information Act, which has recently been enacted, is a potent weapon
to fight corruption. The introduction of information communication technologies, e-
governance initiatives and automation of corruption prone processes in administration have
succeeded in reducing corruption.
1.16 Much more remains to be done however, and beyond the realm of existing regulation.
The escalating levels of corruption in various segments of our economy resulting in large-
scale generation of black money , serious economic offences and fraud, and money laundering
leading even to the funding of terrorist activities against the State, have created a grave
situation which needs to be dealt with severely. Benami properties of corrupt public servants
need to be forfeited, as also the assets illegally acquired from corrupt practices. Whistleblower
legislation has to be put in place to protect informants against retribution. Also, we have to
suitably strengthen the institutional framework for investigating corrupt practices and
awarding exemplary punishment to the corrupt thereby raising the risk associated with
corrupt behaviour.
1.17 Ethics in governance, however, has a much wider import than what happens in the
different arms of the government. An across-the-board effort is needed to fight deviations
from ethical norms. Such an effort needs to include corporate ethics and ethics in business;
in fact, there should be a paradigm shift from the pejorative ‘business ethics’ to ‘ethics in
business’. There is need for ethics in every profession, voluntary organization and civil society
structure as these entities are now vitally involved in the process of governance. Finally,
there should be ethics in citizen behaviour because such behaviour impinges directly on
ethics in government and administration.
1.18 One of the terms of reference of the Administrative Reforms Commission pertains to
ethics in governance, specifically the following aspects:-
A. V igilance and Corruption:
• Strengthening pro-active vigilance to eliminate corruption and harassment to honest
civil servants including, wherever necessary , limiting executive discretion.
• Addressing systemic deficiencies manifesting in reluctance to punish the corrupt.
• (a) Identify procedures, rules and regulations and factors which lead to corruption
(b) suggest measures to combat corruption and arbitrary decision making, and
Ethics in Governance Introduction
(c) suggest a framework for their periodical review in consultation with the
stakeholders.
B. Relationship between P olitical Executive and P ermanent Civil Service:
• T o suggest improvements in the institutional arrangements for smooth, efficient
and harmonious relationship between civil service and the political executive.
C. Code of Conduct for different organs of Government :
• P olitical Executive, Civil Services, etc.
1.19 While the Commission has examined  items A & C in considerable detail in this Report;
item B will be dealt with comprehensively in the ARC’s report on Civil Services Reforms.
The Commission has examined the relevant laws, codes and manuals, which deal with ethics
and corruption. It has critically studied the institutional framework that investigates
corruption and brings the corrupt to book. It has also looked at the corruption prone processes
in government and examined the systems, rules and procedures, which govern these processes.
1.20 In order to ascertain views from different stakeholders on ethics in governance, the
Commission organized a National Colloquium at the National Judicial Academy, Bhopal in
September 2006. The Commission expresses its deep gratitude to the then Chief Justice of
India, Mr. Justice Shri Y K Sabharwal who delivered the valedictory address
1
, the Minister
of State for Personnel Public Grievances & Pensions and Parliamentary Affairs Shri Suresh
Pachouri who presided over the inaugural function
2
 and to Mr. Justice S.B.Sinha for his
valuable suggestions. The Chairman ARC addressed the gathering
3
. The list of participants
at the National Colloquium organized by the Commission on the subject is at Annexure
I(4). The recommendations of the Colloquium are at Annexure I(5). The questionnaire
circulated to various stakeholders is at Annexure I(6).
1.21 The Commission would like to place on record its gratitude to the Lokayuktas,
representatives of CVC and the state anti corruption wings, members of ‘citizens’ initiatives’,
officers of Government of India and the State Governments for their active participation in
the workshop. The Commission also expresses its deep gratitude to Mr Justice J S Verma,
former CJI; Mr Justice M N Venkatachaliah, former CJI; Mr. Justice Santosh Hegde,
former Judge, Supreme Court; Mr Justice N Venkatchala, former Lokayukta Karnataka;
Shri Fali Nariman; Shri B V Acharya, former Advocate General, Karnataka;
Shri K R Chamayya, former Law Secretary, Government of Karnataka; Shri K Eshwara
Bhat, former Law Secretary, Government of Karnataka and Admiral R H Tahiliani (Retd),
Chairman, Transparency International, India, whose views and suggestions have been of
immense help to the Commission in articulating its recommendations. The Commission
expresses its appreciation for the valuable contribution made by Shri S K Das, Consultant
ARC in drafting this Report.
1.22 As issues relating to ethics in governance cut across other terms of reference, an attempt
has been made to deal with the major issues in this Report. The Report is organized in nine
chapters dealing with different aspects of ethics in governance. The recommendations range
from those seeking to change the legal framework to those which could be implemented
through executive directions within a short time frame. Recommendations which could be
implemented immediately through executive direction are identified by prefixing a symbol
‘*’, in the Summary of Recommendations.
Ethics in Governance Introduction
2.1 Ethics and Politics
2.1.1 Introduction
2.1.1.1 Any discussion on an ethical framework for governance in a democracy must
necessarily begin with ethical values in politics. Politics and those engaged in it, play a
vital role in the legislative and executive wings of the State whose acts of commission and
omission in working the Constitution and the rule of law become the point of intervention
for the judiciary. While it is unrealistic and simplistic to expect perfection in politics in an
ethically imperfect environment, there is no denying the fact that the standards set in
politics profoundly influence those in other aspects of governance. Those in politics have
a clear and onerous responsibility . India was fortunate that high standards of ethical conduct
were an integral part of the freedom struggle. Unfortunately , ethical capital started getting
eroded after the transfer of power. Excesses in elections (in campaign-funding, use of
illegitimate money, quantum of expenditure, imperfect electoral rolls, impersonation,
booth-capturing, violence, inducements and intimidation), floor-crossing after elections
to get into power and abuse of power in public office became major afflictions of the
political process over the years. Political parties, governments and more importantly the
Election Commission and the Supreme Court have taken several steps since the late 1980s
in an attempt to eliminate the gross abuses that had virtually become the norm.Y et, there
is a widespread view that much more needs to be done to cleanse our political system.
Along with that of corruption, this issue was raised in every public hearing held by the
Commission during its visits to the States.
2.1.1.2 Criminalization of politics – ‘participation of criminals in the electoral process’ - is
the soft underbelly of our political system. The growth of crime and violence in society (to
the point of encouraging ‘mafia’ in many sectors) is due to a number of root causes.
Flagrant violation of laws, poor quality of services and the corruption in them, protection
for law-breakers on political, group, class, communal or caste grounds, partisan interference
in investigation of crimes and poor prosecution of cases, inordinate delays lasting over
years and high costs in the judicial process, mass withdrawal of cases, indiscriminate grant
of parole, etc., are the more important of the causes. The Commission will deal with these
2
ETHICAL FRAMEWORK
Box 2.1: Ethics in the UK
Over 80 years ago, the first Labour Government
led by Ramsey Mc Donald in the U.K, fell in
the wake of the “Campbell Affair”, because the
government decided to withdraw criminal
charges in a case of sedition for purely political
reasons. The resultant outcry led to the
government being voted out of office and to
fresh polls. Since then, British Ministers and
high officials, it is said, have rarely dared to
interfere in crime investigation or prosecution.
issues in detail in its ensuing Report on Public Order. It only needs to be stated here that,
in this situation, the criminal who, paradoxically, is able to ensure speedy justice in some
cases becomes almost a “welcome character”! On his part, the criminal builds on this
“acceptance” and is emboldened to enter politics and elections. The opportunity to influence
crime investigations and to convert the policemen
from being potential adversaries to allies is the
irresistible magnet drawing criminals to politics.
The elected position and the substantial protection
that it can give, helps him either to further and
expand his activities or to evolve into an entity with
higher political ambitions. As for political parties,
such individuals bring into the electoral process,
their ability to secure votes through use of money
and muscle power.
2.1.1.3 This is a short-term win-win situation for all, except for public good and good
governance. All this has not taken place everywhere, but to the extent that it did, it led to
a situation when the Election Commission formally stated that one in six legislators in India
faced grave criminal charges. It was then time for urgent corrective steps.
2.1.1.4 Large, illegal and illegitimate expenditure in elections is another root cause of
corruption. While there are formal limits to expenditure and some steps have been put in
place in an attempt to check them, in reality, actual expenditure is alleged to be far higher.
Abnormal election expenditure has to be recouped in multiples to sustain the electoral
cycle! This results in ‘unavoidable’ and ubiquitous corruption altering the nature of political
and administrative power and undermining trust and democracy. Cleansing elections is the
most important route to improve ethical standards in politics, to curb corruption and rectify
maladministration.
2.1.2 Recent Improvements
Despite all the flaws in the functioning of a democracy , it has a measure of self correction. As
stated earlier, significant efforts have been made over the last two decades to bring about
meaningful electoral reforms. Some have observed that the past decade has seen more political
reform in India than in any other large democracy after the Second World War. Briefly
stated, the more important of the reforms relate to :
2.1.2.1 Improvement in Accuracy of Electoral Rolls:
• The Election Commission has made efforts to make voter registration more accessible
to voters and involve, to some extent, post offices in revision of Electoral rolls.
Ethical Framework