Introduction

Recently, Central Vigilance Commission released its 60^th annual report. According to the report, as many as 74,203 corruption complaints were received against all categories of officers/employees in 2023, of which 66,373 were disposed of and 7,830 were pending.

Also, to probe graft cases against public servants, The Lokpal of India has established an inquiry wing under Section 11 of Lokpal and Lokayukta Act 2013.

In a related development, the Lokayukta of Karnataka has also questioned various accused in the alleged Mysore Urban Development Authority (MUDA) scam owing to certain irregularities in the process. 

Corruption

• Definition: Corruption is commonly defined as “the abuse of public office for personal gain”.
  • Its expanded definition includes abuse of power and influence vested in a person as a result of holding a political office, of holding an influential role in a corporation, of having personal wealth or access to significant resources, or of having elevated social standing.
• Gains from Corruption: Gains include both financial (bribery) and non-financial (patronage, nepotism, embezzlement, increase in position of power etc.).

Ethical Implications of Corruption

• Inequality: At its core, corruption creates unequal access to resources and opportunities. It leads to preferential treatment of those who can afford to pay bribes or offer favors, thus violating the ethical principle of justice, which demands fair treatment for all.
  • John Rawls, in his theory of justice, argued that fairness should be the cornerstone of social institutions.
• Breach of Trust: Public office holders have a fiduciary duty to act in the interest of the citizens, which encourages trust in public institutions. Corruption erodes that public trust in institutions, which is essential for the proper functioning of society. 
• Conflict of Interest: Through corruption, individuals in positions of power prioritize their own benefits over their duty to the public.
  • Corruption adopts a consequentialist view, where individuals justify their actions based on the personal gains they will derive, neglecting their ethical obligations.
• Harm to Social Justice: Corruption diminishes the quality of public services and harms the most vulnerable sections of society. Funds meant for development projects, healthcare, or education are siphoned off, depriving citizens of essential services.
• Undermining Integrity: When corruption becomes normalized, it can foster a culture where dishonesty, bribery, and manipulation are accepted as part of the system.
• Moral Decay: Attitude of moral relativism weakens the ethical fabric of society, as individuals rationalize corrupt actions based on circumstances rather than adhering to absolute ethical standards. 
• Undermining Rule of Law: When public officials are corrupt, the enforcement of laws becomes selective or arbitrary. This can lead to a breakdown of legal systems, where laws are applied inconsistently.

Second Administrative Reforms Commission on Combating Corruption 

• Collusive Bribery: Prevention of Corruption Act should be amended to provide for a special offence of collusive bribery, which is an offence whose outcome leads to a loss to the state, public or public interest. 
  • Punishment for collusive bribery should be double that of other cases of bribery. 
• Sanctions for Prosecution: Prior sanction should not be necessary for prosecuting a public servant who has been trapped red-handed or in cases of possessing assets disproportionate to the known sources of income.
• Liability of Corrupt Public Servants to Pay Damages: Law should provide that public servants who cause loss to the state or citizens by their corrupt acts should be made liable to make good the loss caused and, in addition, be liable for damages.
• Speeding up Trials: A legal provision needs to be introduced fixing a time limit for various stages of trial.
• Protection to Whistleblowers: Whistleblowers exposing false claims, fraud or corruption should be protected by ensuring confidentiality and anonymity and given protection from victimization in career.
• Immunity to Legislators: Suitable amendments be effected to Article 105(2) of the Constitution to provide that the immunity enjoyed by Members of Parliament does not cover corrupt acts committed by them in connection with their duties in the House or otherwise.
  • Similar amendments may be made in Article 194(2) in respect of members of state legislatures. 

Conclusion

Corruption remains a significant challenge, undermining governance, social justice, and public trust. Fostering a culture of transparency, integrity, and public participation is critical for reducing corruption and promoting good governance.