HISTORICAL
ACCOUNT OF CORRUPTION:
PRE
– INDEPENDENCE:
During the early stage of British rule in India, corruption was
quite rampant among the officers of the East India Company and of the British
Government. Warren Hastings, then Governor- General and Robert Clive, the
Governor had faced impeachment on the charges of corruption and maladministration[1]. The Bengal Regulation of
1793 required the judges of East India Company to take oath to avoid corruption
practices. The East India Company laid down that “ the demanding or receiving
any sum of money, or other valuable things, as a gift or present or under
colour thereof, whether it be for the use of party receiving the same, or
pretended to be for the use of the East India Company, or of any other person
whatsoever by any British subject holding or exercising any office or
employment under his majesty, or the said united company in the East Indies,
shall be deemed to be extortion and a misdemeanor. Similarly, making of private
investments, promoting of private companies and acceptance of commercial
employment after retirement were all regulated by suitable enactments. The
Indian Penal Code, which was enacted in year 1860, contained a chapter relating
to offences by or relating to public servants under Section 161 to 171[2].
IMPACT
OF SECOND WORLD WAR AND LEGISLATIVE MEASURES TO COMBAT THE EVIL:
Prior to year 1939, corruption was mainly prevalent amongst Reserve
Policy, Excise and Public Work Department. The immense war efforts during 1939
to 1945 and expenditures of hundreds of crores of rupees for procuring
essential supplies, created unprecedented rtunities for dishonest officers and
contractors to acquire wealth by corrupt and illegal means[3].
To meet this situation, Delhi Special Police Force establishment was
created in the year 1941, by means of an executive order by the Government of
India for investigating into the cases of corruption relating to Defense and
Supply Departments of the Government of India. In 1942, the activities of these
establishments were extended to railways also. The superintendence of this
force was vested in the War Department of the Government of India. In the year
1943, the DSPE Ordinance was passed thereby giving legal status to this
organization.
In the year 1944, Criminal Law Amendment Ordinance was promulgated
to prevent the disposal or concealment of money or other property procured by
means of offences committed under Sections 161, 165, 406, 408, 411, 414, 417
and 420 of IPC. Under this order courts were entitled to attach the properties
of the accused pending investigation and prosecution and to confiscate the same
on conviction[4].
In year 1946, another Criminal Law Amendment Ordinance was
promulgated by which special rules of evidence were formulated for drawing the
presumptions against an accused public servant who could not satisfactorily
account for disproportionate assets and also against a person committing
offence under Section 165 & 161 of IPC by accepting gratification other
than legal remunerations[5].
This Ordinance of 1946 was replaced by the DSPE Act of 1946. The
superintendence of this department was transferred from war department to home
department and its jurisdiction was also enlarged to cover all the departments
of the Government of India. The DSPE is
a specialized agency for making enquiries and investigation into certain
specified offences.
ENACTMENT
OF THE PREVENTION OF CORRUPTION ACT IN 1947:
Another landmark in the crusade against the corruption is the
enactment of The Prevention of Corruption
Act, 1947. After independence this Act was enacted on 12th
March, 1947 which inter alia provided
for certain misconducts on the part of public servants but an important aspect
of preventing the concealment and disposal of the Government property was still
covered by the Criminal Law Amendment
Ordinance, 1944, promulgated under Section 3 of Emergency Provisions[6] of India Burma (Emergency Provision) Act, 1940 omitting the limitation
period of 6 month. The Criminal Law Amendment Act of 1944 was specially enacted
to protect Government money and Government property which were obtained by
committing certain offences punishable under the I.P.C.[7]
Prevention of Corruption Act,1947 had also attempted to cover
certain aspects of corruption hitherto uncovered by the provisions of I.P.C.
Section 5(1) of the PC Act, 1947 provides beside habitual acceptance of
‘gratification’, the following are ingredients of corruption i.e. criminal misconduct:
(a) Acceptance
of any valuable thing by a public servant without consideration, or for any
inadequate consideration from any person with whom he has official dealings or
likely to have official dealings in future.
(b) Dishonest
or fraudulent misappropriation of any property entrusted to a public servant or
held under his control as public servant.
(c) Obtaining
a valuable thing or pecuniary advantage by illegal means or by abusing one’s
position as a public servant.
Possession of pecuniary resources or property disproportionate to
the known source of the public servants income[8].
Section 6 of the Act provides for the appointment of the special
judges for such area or areas as specified by the State Government by
notification in the Official Gazette, to try offences under section 5 of P.C.
Act, 1947 and Section 161 & 165 of IPC[9].
POST
- INDEPENDENCE
RECOMMENDATIONS
OF THE SANTHANAM COMMIITTEE:
In June 1962, some Members of Parliament were agitated over
increasing incidents of corruption at high places which convinced the then Home
Minister to set up a Committee to review the problem of corruption and made
recommendation regarding the changes in law and procedure. This committee was
formed to suggest changes which would ensure speedy trial of corruption cases
and make laws otherwise more effective. Shri K.Santhanam, M.P. was made the
Chairman of the Committee. The Committee focused its attention on officers
enjoying wide discretionary powers including Central and State Ministers and
recommended amendment of the definition of the expression ‘public servant’ in
Sec 21 of the IPC. So as to include Ministers of Central and State level and
Parliamentary Secretaries in the definition of ‘public servant’. Based on the
recommendations of the Santhanam Committee the Prevention of Corruption Act,
The Indian Penal Code, The Criminal Code and other relevant Acts have been
amended. The Administrative reform Committee was set up to find out the ways
and means to eliminate administrative delays and other factors, which leads to
corruption. In the year 1963, Central Bureau of Investigation was established.
The Committee finally submitted its final report on 31st March, 1964
suggesting for changes in law and procedure[10].
[1]
Prasad, P.V.K.Ramana., History of
Development of Anti-Corruption Laws in India, CBI Bulletin, April, (2001),p.25.
[2] Hydervali, B., “Law & Corruption in India”, Indian Bar
Review, Vol. 29, Jan-Mar, (2002), Pp. 23-44.
[3]
Baxi, Upendra, Jurisprudence of
Corruption and Corruption of Jurisprudence, Kal Yug, Feb., (2002), Pp. 1–9.
[4]
<http://apvc.ap.nic.in/js/vol4/c19t1s1.html>,
<last visited on 28th, Feb, 2009>.
[6]
Emergency Period 27.6.1940 to 1.4.1946.
[7]
Dikshit,R.C., Anti Corruption Laws and
Public Servants, CBI Bulletin, July (1996).
[8] Section 5(1), The
Prevention of Corruption Act, 1947.
[9] Section 6, The Prevention of Corruption Act,
1947.
[10] Supra No.3.
