WHY THE EXISTING ANTI CORRUPTION BODIES ARE INEFFECTIVE : A STUDY


CENTRAL VIGILANCE COMMISSION :

• The 2 G telecom scam, which is the biggest ever CVC can do only to
recommend to the CBI to register a corruption case, steering clear of
the then minister A Raja although he was directly responsible for the
alleged deviations.

• CVC is headed by P J Thomas, a corrupt person charged with
corruption in pam oil scam

• CVC does not have power to register criminal cases as it has no
investigative machinery at its disposal.

• It cannot get even the CBI to initiate criminal investigation if the
officer accused is of the rank of Joint Secretary or above. only
bureaucrats comes under

• No jurisdiction over politicians, its net

• No direct power over departmental vigilance wings. It mostly
forwards corruption complaints to them and keeps sending reminders

• supervisory powers over CBI have made little difference as CVC can’t
call for any file or issue direction to the agency

• CVC has staff strength of less than 200 although it is supposed to
check corruption in more than 1500 central government Departments and
ministries.

• Most complaints received by the CVC are routinely forwarded to the
departmental vigilance wings, which after riddled with conflicts of
interest as they are manned mostly by the staff of those very
Department

• CVC recommendation is not binding on the government

DEPARTMENTS VIGILANCE WINGS

• Manned mostly by officials from within same department, on temporary basis

• Since each wing is under direct control of head of department, can
hardly probe any senior official of that department

• Even otherwise, in complaints against senior colleague, vigilance
officer might hesitate as he could be posted later under the same
person

• No jurisdiction over politicians and no power to register FIRs
against anybody. Can only deal with disciplinary proceedings

CENTRAL BUREAU OF INVESTIGATION

• Though it can book cases against bureaucrats and politicians, CBI’s
independence compromised as it comes directly under Center’s control

• Govt control leaves it vulnerable to charges of investigations being
politically motivated

• Since it is overburdened, CBI does not accept cases unless amount
involved runs into crores

• Cannot book cases against officers above the rank of Joint secretary
without prior sanction from their department

COMPTROLLER AUDITOR GENERAL OF INDIA

CAG is called keeper or protector of public money but its power is too
little in this regards to act effectively and efficiently against
corruption or misuse of public money. His wings are called watch dogs
of public money but these dogs are without teeth and nails and have no
power to do anything against wrongdoer or wrong done except auditing
and reporting of the misuse or loot of the public money. If it goes
against the central government, little to think for some action
against it, unless, if or otherwise it comes in public like 2 G
spectrum scam.

The duties and real power of CAG can be seen in few sentences:

• CAG keeps regular auditing of expenditure and receipt of the
government and its ministries and department

• It reports the irregularities or misuse of public money to the
authority concerned but action against these irregularities and misuse
lies in them

• CAG have no power to force one to set or make the things right or to
make one stick to the norm prevailed under government rule and
regulation.

• CAG report can’t include any irregularities or misuse of public
money without concrete proof i.e. report must be supported by proper
documents

• CAG gives the report to President which is tabled in parliament,

• Report goes to Public Account Committee for review which works under
speaker which is generally a member of ruling party

• It is least possibility for the report to be presented in parliament
if it goes against ruling party. Such as, CAG report in fodder scam
against Lalu is still in dark (in PAC) and Lalu is enjoying full
support of corrupt congress

• This is why, corrupt government is supporting for PAC and denying
JPC  , because PAC is powerless and can not call corrupt ministers but JPC
can

DATA FROM NATIONAL CRIME RECORDS BUREAU (NCRB)-2008

Action by State Anti Corruption/ Vigilance under Prevention of
Corruption Act (PCA) and related IPC sections

Cases for investigation-8554

Investigated-7292

Chargesheeted-2543

Trials under PCA and related IPC sections

Persons under trail-29783

Persons whose trials completed-2988

Persons convicted-997

Departmental Action

Persons reported for departmental action-736

Persons Punished-268

Persons sacked-65

SOME MORE

2400 cases of corruption is pending from over 10 years

Around 113 CBI cases are awaiting Centre’s sanction for prosecution

588 cases in central Departments are pending even after CVC’s advice
for prosecution

4235 cases are pending for over one year for penalty

MCD (Municipal corruption of Delhi) has become now MOST CORRUPT
DEPARTMENT with 4300 corrupt employees against whom corruption cases
are pending.


ADMINISTRATOR

YUVA REVOLUTION
http://www.facebook.com/#!/yuvarevolution
http://www.yuvarevolution.blogspot.com

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  1. youngindiareformer

    Superb research by yuva revolution team.great work….trully appreciable.

  2. ratan rastogi

    this analysis is too difficult to understand.!!! plz take care of it in future.

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