Government of India

COMBATING CORRUPTION IN PUBLIC SERVICES

India Overview

        World’s largest and a vibrant democracy Rule of law enshrined in Constitution Separation of Powers (Legislature, Executive and Judiciary) Right to Equality and Equality of opportunity Affirmative action for disadvantaged.

Independent and Proactive Judiciary Free Press & Media Liberalised Economy

Corruption

    Pernicious and Visible impediment to good governance India 47 31 st th most corrupt country – China (World Bank, 2006) India 70th in Corruption Perception Index (T I 2006) Incidence widely known but impact little realized

POLICY

ZERO TOLERANCE AGAINST CORRUPTION

Political Accountability

Strategy

Combating Corruption

Institutional Restraints ANTI CORRUPTION Civil Society Participation Competitive Private Sector Public Service Management (Anti-corruption in Transition – World Bank 2000)

Strategy

1) Institutional Restraints - Independent and proactive judiciary - Legislative oversight - Independent prosecution, Enforcement 2) Political Accountability - Political competition –Multi Parties - Transparency in party financing - Disclosure of voting - Asset declaration, office of profit act

Strategy

3) Civil Society Participation - Right to Information Act - Public hearings - Role for media/NGOs 4) Competitive Private Sector - Economic Reforms - Competitive restructuring of monopolies - Regulatory simplification and standards - Transparency in corporate governance - Collective business associations

Strategy

5)

Public Service Management

- Meritocratic civil service, adequate pay - Budget management - Tax and customs administration - Enhancing public service delivery - Decentralization with accountability

INSTITUTIONAL FRAMEWORK

 CENTRAL VIGILANCE COMMISSION  CENTRAL BUREAU OF INVESTIGATION  ELECTION COMMISSION OF INDIA  COMPTROLLER AND AUDITOR GENERAL OF INDIA

LEGAL FRAMEWORK          The Prevention of Corruption Act, 1988 The Central Vigilance Commission Act, 2003 Delhi Special Police Establishment Act, 1946 Prevention of Money Laundering Act, 2002 Extradition Act, 1962 The Representation of Peoples Act, 1950 The Right to Information Act, 2005 The Companies Act, 1956 Conduct Rules

Action Plan against Corruption  Preventive Vigilance • Conduct Rules – Sanctions for violations • Elaborate procedures • Principles of Natural Justice • Vigilance Clearance for Appointments • Systemic Reforms  Surveillance and Detection • Inspection / Pre-audit  Identifying suspect corrupt elements.  List of Officers of Doubtful Integrity.  Property Returns

Action Plan Continued 

Deterrent Punitive Action

Sanctions under All India Services Conduct Rules  Sanctions for criminal misconduct and other acts   Prevention of Corruption Act, 1988 Code of Criminal Procedure and Indian Penal Code 

Close Monitoring

Citizens’ Charter

    Citizens’ Charters publicize services to members of the public, commitment of the organization, expected standards of service delivery, timeframe, grievance redressal mechanism. Are a tool of public scrutiny to ensure accountability. 35 Central Government Ministries and Departments have formulated 127 Citizens’ Charters. 683 Citizens’ Charters have been brought out by 24 State Governments/Union Territories.

Empowering the Civil Services

 Stability of Tenure  Performance Appraisal System  Mid–Career Training Programme  Protection for bona fide actions taken by Civil Servants.

 Public Services Bill

Public Services Bill

Objective: To formulate Code of Ethics & Public service Management Code To provide a statutory basis for regulation of Public Services under Article 309 Components: Public Service Values Code of Ethics Public Service Management Code Performance Management System and Accountability Public Service Authority

PM’s Award for Excellence in Public Administration

     Scheme to acknowledge outstanding performance of civil servants; focus on innovations, efficient service delivery, crisis management, leadership qualities etc.

Officers of Central and State Governments eligible. Award to comprise of a medal, a scroll and cash amount to be given by the Prime Minister on January 26 every year. Nominations to be made by Government Departments, NGOs and other stakeholders. Selection Process made rigorous and transparent Committee chaired by Cabinet Secretary with persons from outside the government.

Right to Information

    To ensure availability & accessibility to information and bring out transparency in Government.

Right to Information Act applicable from October 2005. Empowers the citizen to seek information from Public Authorities. 22 States have constituted Information Commissions under Section 15 of the Act.

FINAL WORD

1.

2.

      Out of Box Approach Inculcate culture of performance: appreciate/ recognize positives Focus on outputs and outcomes Reengineer business processes and leverage technology for eliminating public interface Provide sharing platforms for replication of best practices Make islands of integrity grow beyond influence of individuals: systemic reforms Create Research & Development Cells Paradigm Shift

PARADIGM SHIFT

         Hit & miss Uniformity Provision Producers Inputs “Received wisdom” Regulation Demarcation Look up

Comfortable

         Universal high standards Diversity Choice Customers/citizens Outcomes Data and best practice Incentives Flexibility Look outwards

Demanding

Last Thought

Ah! but a man’s reach should exceed his grasp.

Or what’s heaven for?

-Robert Browning