Corruption and Role of CBI

21ST Century India is reflecting the image of medieval times feudalistic society in perspective of corrupt practices, dishonesty and poor value systems.

Ancient Chinese philosopher  Confucius described corruption as an act when a person or an organisation are working against his or their values or code of conduct.

Basic Causes for Corruption are:

  1. More focus on quantity than on quality as in case of MNC Culture.
  2. Objectivity and rationality is today s world is replaced by subjectivity which has promoted NCF i.e. nepotism, cronyism and favouritism.
  3. Lobbying and Cartelism by the organisations have further promoted corruption.
  4. Consumerism and luxurious life style has made Money more important than intellect and knowledge.

Corruption in India is high because:

  1. Unavailability of resources in a homogeneous pattern have led to migration of rich people towards resource rich areas for the exploitation which has led to inculcation of corruption among business man and bureaucracy.
  2. Britishers have played a major role in cultivating corruption in Indian mindset through their policies like divide and rule, inferiority complex and competition in relation to resources.
  3. Centralised form of government has led to over power of the bureaucracy and red tapism mainly during the 1970’s License Raj era. All this has enhanced afsaar- raj and corruption.
  4. Poor monitoring of govt schemes, multiple schemes for same thing, poor transparency in scheme implementation, less use of technology have further enhanced corruption. Junior bureaucrats only work to improve their ACR i.e. annual confidential report.
  5. Politician-Bureaucrat-Businessmen nexus in the country has taken corruption to next level. They all support each other in there evils.
  6. Multiple hierarchical Clearances in the ministries and no standard operating procedure in ministries and departments further opens gates for corruption.
  7. Faulty procurement policy, faulty tender allotment and poor quality of work.
  8. In India people are not self-empowered and have to take help of various middle man for all government work which again gives middle man opportunity for corruption.
  9. Corporatisation of media and paid news further breeds corruption.

Various govt efforts to control corruption:

  • Central Vigilance Commission
  • Prevention of Corruption Act
  • Department of Personnel &Training
  • Enforcement Directorate

Through DELHI SPECIAL POLICE ESTABLISHMENT ACT government established Central Bureau of Investigation (CBI)

3 Major functions of CBI:

  1. Investigation of Central cases like bribery, assassinations, narcotics etc.
  2. Assistance to states if required.
  3. Consultation to Central Govt mainly Prime Ministry in cases related to Prevention of Corruption Act.

In recent years CBI came under scrutiny specially after Supreme Courts observation that CBI is parrot in cage Organisation.

Some of the problems in CBI:

  1. Director of CBI is appointed by Central Govt while joint director of CBI is appointed by CVC which results into poor coordination between them.
  2. CBI Director generally comes from IPS while Deputy Directors come from deputation from different ministries and  port folios, resulting into poor work culture.
  3. CBI is fully dependent upon central govt for finances and administration which further results into over – politicisation of organisation specially in decision making.
  4. CBI has 3 masters which over rule its decision:
  5. CVC
  6. DoPT
  7. Lokpal
  8. CBI is only Central Investigation Agency and does not have any power for punishment which is responsibility of centre and courts. Therefore motivation and determination of CBI team is low.
  9. Most of the time there is enormous delay in concluding investigation because of:
  10. Poor assistance from state govts and central govt.
  11. Govt changes quickly and new govt has new interests.
  12. Poor assistance from police.
  13. CBI acts like police which is a state list subject so this limits the autonomy of CBI to investigate against any Central govt employee recruited by state.
  14. Reformation of Single Directive which states that CBI can investigate directly whoever is working below state secretary level and not who is at or above joint secretary level is again cause of discrimination.

SOME SOLUTIONS FOR CBIs RESTRUCTURING:

  1. Its time to restructure the CBI on line of Income Tax Act or Customs Act and provide CBI with full administrative and financial autonomy.
  2. CBI recruiting should be done under organization like UPSC so that skilled human resource are hired.
  3. Standard operating procedure in appointment of Director and Joint Directors need to be defined and a provision for midterm training should be included.
  4. CBI should act against its own erring officers who are corrupt and misuse power to harass individuals or families.
  5. CBI should be given power at par to CVC and other such organizations and should have power to punish.

Govt should dilute political inter reference in working of CBI.

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