Corruption in India By T.S.Khanna, Sept.10,2011

Foundation for Better Government

September 10, 2011.

Corruption in India

By T.S. Khanna, Sept., 10, 2011.

Corruption in India has hit the headlines of world news. However, corruption is not limited to India. Most democratic countries are equally vulnerable to this plague.

In dictatorial regimes, corruption is more focused to identify the participants as compared to democratic systems where it quickly metastasizes from top bottom like cancer. It acts like termites in government and soon destroy the peoples' confidence in government.

Human nature is basically selfish, exploitative, and corrupt. Every human being tends to exploit others to the extent of his intelligence. Only a few feel restricted by their morals which is a part of human culture, not human nature. The less intelligent get exploited by the more intelligent who, either as individuals or as a group, gain more power. (Here, intelligence is to be distinguished from morality). The redeeming feature of human nature is that while man is highly selfish and corrupt, he is equally intolerant of others being so, unless his own interest in involved. That facilitates anti-corruption operations.

Moral values are generated by human culture which provides restrictions on individuals for the benefit of the society as a whole. Forming of government for the common benefit of the whole society is the dictate of human culture, not of human nature.

When democratic system was conceptualized, it assumed that people in government will perform in accordance with their cultural values instead of the dictates of human nature. Experience in democratic systems has not supported that assumption. This is the crux of the problem of corruption in democratic system. That is why, all problems created in a democratic system cannot be solved by democratic means. Corruption in a democratic system cannot be eliminated by the democratic wherewithal presently in place.

Democratic systems must re-examine the effectiveness of their past efforts in fighting corruption and incorporate new anti-corruption measures that would achieve the goal, not serve only as an eyewash.

There are two distinguishable levels of corruption in India and the USA---the two flagships of democracy.

1. Policy matters; several issues are unanswered in this area. To name a few--would the the following actions constitute corruption? Donation of funds for ones favored candidate or party at election who, in turn, may return favor after election. Lobbying in congress or parliamentary circles to get certain laws passed to serve special interests. Welfare for the poor, to manipulate their votes at the expense of the taxpayers, in the name of distributive justice. Secrecy instead of transparency in government.

2. Operational matters; these are relatively easier to identify and define that include bribery, special favors, intentional delays in taking decisions and or processing, and sexual harassment.

There are two major areas of concern to eliminate corruption:

1. Upgrading ethical standards in society by adopting strict laws which may hold all the participants in corruption operations equally guilty, including those who directly or indirectly offer bribes or favors.

2. Upgrading integrity standards in Public Agencies and enshrine them and then empirically ascend moral standards and obligations of the employees.

A suggested Action Plan is indicated:

1. All elected officials and public employees may be required to surrender their rights that provide them defenses and escapes in corruption cases, like the equivalent of the fifth amendment right in the USA;

2. In courts, “beyond reasonable doubt” is the standard for conviction. However, the new standard for integrity may place the burden on all public officials and employees to stay “ above reasonable suspicion” and create a public perception of integrity.

3. Establish an Anti-corruption Agency under a non-partisan Council of seven persons, preferably Supreme Court judges of repute (retired or active);

4. Set up frequent sting operations and other integrity test techniques against the suspects in power positions starting from the higher positions;

5. Establish an Anti-corruption Courts System with a different set of rules of evidence and court procedure with powers of summary trials. (This would be a departure from the present democratic system of justice which is more process oriented, not product oriented. The existing sluggish systems of justice in democratic regimes are unaffordable and ignore the accuracy of their resultant judgments. There is a built-in leaning to provide escapes for the accused.)

6. Adopt laws for exemplary punishment for corruption convictions and carry out the punishment publicly to create a salutary effect on the society.

7. Import, temporarily, foreign investigators or judges, as necessary, to assure complete impartiality by nullifying the effects of local roots of the investigators or judges.