The CVC also receives every day about 110 letters and there are also occasionally letters containing useful information about the corrupt public servants. But then the CVC also has the occupational hazard of dealing with black mailers. Many a time, the information regarding corruption can come from black mailers and some times from whistle blowers. Whistle blowers are honest people who are trying to expose corrupt practices and black mailers are those who try to exploit their special information to extort money from the corrupt victims.

When I became CVC I found that there was a culture of black mail in government organisations. Anonymous/pseudonymous petitions were very common. In fact the earlier government position was that if there were verifiable facts in these petitions, they should be verified. But this became a convenient handle for black mailers. I therefore issued an ordered on 29.6.99 to the effect that no action should be taken on any anonymous / pseudonymous petitions. This I think is a step which gives a moral support and assurance to honest public servants. At best perhaps there could be 20% truth in anonymous petitions but these can be tackled by alternative methods.

One of the ideas we are examining is instead of the current system where applications are received by the various authorities including CVC occasionally resulting in raids which are publicised, why not standardise the whole system? Anybody who has information about public servants who have amassed wealth and have disproportionate assets in the form of black money or real estate, houses, benami accounts and movable property, can give the information to the CVC in writing. They should reveal their identity which will be kept secret. The CVC in turn then would ask the CBI or the IT department to conduct raids. It is true that if I get 10,000 complaints, not all of them would be resulting in raids. But the very fact that such a system exists will throughout the country send a message that the corrupt people cannot sleep in peace.

The CVC in a way will become the Chitragupta of the country keeping at least the record of persons against whom there are prima facie allegations of having amassed wealth. This can be useful especially when it comes to verifying the information which the CVC already has about names on the agreed list which involve officers whose integrity is suspect and who have to be watched. Later on we can think, based on practical experience, how to improve the effectiveness of the raids.

The point I would like to highlight at this stage is that today the corrupt officials are taking advantage of the judicial delays to escape punishment. If systematic raids of corrupt public servants become a norm, then once their ill gotten property is seized or is under investigation, they cannot enjoy the ill gotten wealth and they will have to face the same judicial delays which they are exploiting today in proving their claim.

Ultimately as the raja dharma of Manu shows, people have a tendency to do evil things and only punishment will be effective. There is hardly an individual in this world who on his own is pure in his conduct. The King (Soveriegn)'s power to punish, teach the people in the righteous path. Fear of punishment by the king yields worldly happiness and enjoyment. Coming specifically to the public servants for tackling corruption, I am following a three point strategy. The first is the simplification of rules and procedures so that the scope of corruption is reduced. The second is bringing transparency and empowerment of the people. The third is meeting out effective punishment.

Sarvo dandajitho lokoh durlabho hi suchirjanaha
Dandasya hi bhayat bheeeto bhoghayaiva pravartate
Manu VII-22

The various government rules and procedures provide tremendous opportunities for corruption. Systematically these procedures can be reviewed to see how the scope of corruption can be reduced. For instance the CVC's ban on post tender negotiations except with L1 has by and large had a positive impact because post tender negotiation used to be an important source for corruption.

As regards transparency we have already seen the impact of CVC web site display of the names of charged officers. In addition, as per the directive of the CVC, boards have to be displayed in all government offices saying DO NOT PAY BRIBES, IF ANYBODY ASKS FOR BRIBE COMPLAIN TO CVC/CVC. In addition we are also thinking in terms of arranging for traps. By an order of December 1, 1999 CVC has given certain directives (Annexure) regarding traps of corrupt public servants.

We are trying to see whether these trap arrangements can be made better by bringing in all the 589 CVOs who in coordination with the police can arrange traps. Then we can advise the public that in addition to complaining to the CVOs about bribes, they can also arrange for traps of the corrupt. If we can create in this country an environment in which when a public servant who demands bribe does not know whether he is going to get a bribe or is going to be a victim of a trap, I think the right atmosphere will be created for discouraging bribes which have become so common today.

Corruption ultimately has become a low risk high profit activity. The conviction rate in our criminal courts is hardly 6%. That means there is a 94% chance for every corrupt person to escape. To overcome this the Law Commission has already suggested enacting an act called Corrupt Public Servants (Forfeiture of Property) Act which empowers the CVC to confiscate the property. This is pending with the government form the February 4, 1999 and I have been reminding the government for speedy action.

Another act which has been on the statute book but is lying as a dead letter is the 1988 Benami Transaction Prohibition Act. This Act under Section 5 provides for confiscation of benami property and Section 8 enables the government to prescribe rules under which this could be done. I had asked the government on 3.1.1999 to empower the CVC for this and so far there has been a thundering silence. If the existing laws like this can be implemented, we would have taken some step towards checking corruption.

In addition to the legal measures, I had also suggested how social pressures can be brought to isolate the corrupt people. I had suggested to the service associations that they can in their annual general body meetings, identify by a secret ballot the top ten corrupt people in their services or say the top ten in the "C" Channel. If this information is given to CVC which will keep it confidential and use the information to verify whether the names given in the agreed list tallies with the top ten identified by secret ballot. If such a system exists, it will also create a deterrent effect on the corrupt especially those who are senior in the service for indulging in corrupt practices.

One aspect of corruption, which I have not touched so far is political corruption. The CVC's jurisdiction does not cover politicians. At the same time attempts can be made to check political corruption because unless we are able to tackle corruption at all levels, we cannot eradicate corruption. So far as the supply side of corruption involving industry is concerned, we have already seen the healthy response of the CII. When it comes to political corruption, the best method may be to at least start with the effort at de-criminalisation of politics. As political corruption is not within my purview, and at the same time as checking of political corruption is important to ensure that the corruption amongst the public servants who are within the Commission's purview is effectively controlled, I have made the following suggestions to the Election Commission for consideration. We do not know what action the Election Commission would take. Nevertheless, I think it is necessary to have a nation-wide debate on this issue so that appropriate action is taken to tackle the issue of corruption at the political level.

1. No political party must be permitted to contest the elections unless it has got the latest annual accounts duly audited by an auditor as may be prescribed by a notified agency like the Election Commission, the CAG or the Supreme Court etc.

2. No political party must be permitted to contest the elections unless it has cleared its income tax dues and has got the requisite certificate from the income tax authorities.

3. Complaints regarding corrupt practices during elections can be looked into by the Election Commission even before the date of polling. The Election Commission has an excellent communication system to receive complaints of this type and can immediately take action so that there will be a healthy check and deterrent effect on corrupt practices during elections. Prevention is always better than cure.

4. The explanation 1 below Section 77 of the Representation of People Act, which reads as follows, should be deleted.

Explanation 1. - Notwithstanding any judgment, order or decision of any court to the contrary, any expenditure incurred or authorized in connection with the election of candidate by a political party or by any other association or body of persons or by any individual (other than the candidate or his election agent) shall not be deemed to be, and shall not ever be deemed to have been, expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purposes of this sub-section :

Provided that nothing contained in this Explanation shall affect -

1. any judgement, order or decision of the Supreme Court whereby the election of a candidate to the House of the People or to the Legislative Assembly of a State has been declared void or set aside before the commencement of the Representation of the People (Amendment) Ordinance, 1974 (14 of 1974) :

2. any judgement, order of decision of a High Court whereby the election of any such candidate has been declared void or set aside before the commencement of the said Ordinance if no appeal has been preferred to the Supreme Court against such judgement, order or decision of the High Court before such commencement and the period of limitation for filing such appeal has expired before such commencement.

3. A person who has been accused of an offence involving moral turpitude or other criminal offences should not be permitted to contest the elections. These offences may be identified by the Election Commission. In stead of going only by the gravity of the offence and FIR being filed, the critical test for applying the ban on the candidate contesting the election should be that the concerned judicial authority like a magistrate should have examined the FIRs and the data and gone to the stage of framing charge sheet.

If a person who has been charge sheeted in cases involving grave offences and moral turpitude as identified and notified by the Election Commission, is banned from fighting the elections, it will ensure that criminals do not enter politics and become representatives of the people. The responsibility can be cast on the candidate who must be asked to certify that he has not been charge sheeted or if he has been, give details. He must also give details of the past punishment awarded to him by the court.

In addition we should also focus on how the possibility of corrupt public servants being placed in sensitive positions where they could indulge in greater corruption and perhaps collude with the corrupt political leaders can be checked. This will be possible if we systematically go in for a method for depoliticising the postings in sensitive posts. So far as filling up the post of Director CBI, senior officers of CBI, Director ED and its senior officers are concerned, the Supreme Court had directed making the CVC head a committee to make suggestions regarding the panel of names from which appointment could be made provides a way out for achieving the objective of depoliticisation of sensitive posts. Not only is the selection made form the panel recommended by the CVC committee, there is also an assured tenure of two years for the officials in the CBI and Enforcement Directorate who are selected on the basis of CVC committee recommendation.

If an attempt is made throughout the Government of India or for that matter the state governments also to identify sensitive posts and bring in a system similar to that of the system for CBI and ED, we would have taken a major step towards depoliticising the sensitive posts and also reduce the possibility of collusion between corrupt bureaucrats and political leaders.

I am very much aware of the fact that such a suggestion will not be generally accepted by the powers that be. The only way out is to follow what was done even in the case of CVC. There should be Public Interest Litigation filed in the Supreme Court pointing out that the public interest that will be served by depoliticisation of sensitive posts. If the courts intervene as in the Vineet Narian Case, the process of depoliticisation of sensitive posts will get a boost.

The issue of eradicating corruption has also to be ultimately tackled at the level of the civil society. The civil society can participate through the NGOs in bringing corrupt practices to the notice of the powers that be and also effective help in operations like trapping of corrupt persons or informing the CVC about the disproportionate assets of the corrupt public persons against whom raids can be undertaken by the CBI and the Income Tax Department.

The youth of our country represent our hope. There are people who say that today the youth is also corrupted and because of the pervading culture of consumerism which leads to a culture of greed. In fact, one of the reasons for corruption among public servants identified by some people is that apparently they get much less income than those in business and industry and as a result, there is social peer pressure to get somehow additional resources. Corruption becomes therefore a social necessity. I have also heard other interesting analysis that in some places corruption is considered as a macho activity. There are people who say that a pubic servant who takes bribe and does the job is honest. A public servant who takes the bribe and does not do the job is dishonest. A public servant who does not take the bribe but still does the job is a fool! This may appear to be cynical but apparently there are people in our society who hold such views. Government systems also seem to be encourage a tolerance of corruption. Chartered Accountants are aware of the fact that the Voluntary Disclosure of Income Scheme in which those who hoarded black money were let off with 30% tax whereas honest tax payers were asked to pay 40%. This was not only an insult to honest people but a direct endorsement of corrupt behaviour in tax evasion and violation of laws. Similarly the banking secrecy law which enabled Rs.51,000 crores of NPA to accumulate but still keep the names of the willful defaulters a secret from the public is another measure of institutionalising respectability for those who exploit the system for selfish purposes.

In the ultimate analysis the root cause of corruption could be need or greed. The need based corruption is what the low paid public servant is supposed to suffer with the continuous elevations of the pay especially after Fifth Pay Commission at least the need based argument does not apply so far as Government of India employees are concerned. But there is greed based corruption. Greed based corruption is being particularly encouraged because of the impact of the electronic media, better communications and projections about lifestyles. The people irrespective of their position wants to emulate the lifestyle of consumerist society. Once the needs are increased in constantly, fulfilling the needs becomes really the basis for greed.

Does it mean that we can preach austerity to the people and ask them to reduce their needs, which of course, keeping with the ethos of our country? Certainly, not. My answer is simple. The need based corruption can be rightly met by policy changes and ensuring that so far as low paid public servants were concerned, that their basic needs like a decent accommodation and admission of children to schools or medical facilities are taken care of. Greed based corruption can be only checked by effective application of punishment as was articulated by Manu in his enunciation of Rajya Dharma.

Instead of building systems and rules and regulations which encourage corruption, we will have to look at modifying them so that the growth of corruption is checked. An opportunity is now provided by the Constitution Review Committee under the Chairmanship of Justice M.N. Venkatachaliah, one of the area of the constitution which the Committee will be looking into its fundamental rights. I have suggested that a time has come when we should amend the Chapter on Fundament Right of the Constitution to add a new fundamental right. It is the fundamental right of every Indian citizen to go to any public office and get corruption free service. This fundamental right has become necessary because today a citizen cannot go to any office in India and get promised services unless he bribes, brings influence or recommendations. There are people who question this concept of adding a new fundamental right saying that it is like asking that there should be a new fundamental right for every citizen to breathe.

It is worth looking at reasons why I am saying that a time has come for us to make it a fundamental right of every Indian citizen to get corruption free service from every public office in this country.

The fundamental rights enshrined in the Constitution represent two important facts. The first is that they are an explicit and significant articulation of the basic rights that every citizen in the country must enjoy in order to ensure that we have a meaningful democracy and the ideals articulated in the Preamble of the Constitution are realised in practice. The second important fact is that they represent the rights which a citizen must enjoy if we want to have good governance by social evils like untouchability.

These rights have evolved over a generations. They represent the lessons the society has learnt from the past experience when these rights were not available to the citizens and consequently there was suffering and misgovernance. For example, the protection from double jeopardy must have arisen because there was a time when a person could be punished again and again for the same offence. The right to property must have arisen because there was a time when these rights did not exist. The right to freedom of speech probably has been very much appreciated because we have seen in our own times regimes where this right did not exist resulting in bad governance.

53 years of our existence as independent nation and 50 years of working of the Constitution has resulted in one common experience of all Indian citizens. They cannot go to any public organisation or office today and get the services which they are supposed to get without either paying bribe or bringing influence by way of recommendations or references from VIPs.

The Central Vigilance Commissioner's recommendation to the Committee which is reviewing the Constitution to include a new fundamental right to the effect that every Indian citizen will have a right to corruption free service from public servants has been made keeping in view two important facts underlying the fundamental rights already enshrined in the Constitution.

A number of objections have been raised to the suggestion of the CVC. An example is the article by Shri M.N. Buch in the PIONEER dated 25.5.2000 under the title, To remove corruption, begin at the thana'. The first argument against the CVC's suggestion is that other constitutions do not have such a provision. Another argument is that merely enshrining a new fundamental right may not really ensure us corruption free service. A third argument is that already the concept of corruption free service is enshrined in the Constitution. A fourth argument is that how will this right be implemented? In what follows, I have tried to answer all these objections.

The first reason why the corruption free service must become a fundamental right of every citizen is that it is a basic necessity for good governance. Good governance today can be considered to be a universal human right. We already have a National Human Rights Commission and human rights have been recognised by the United Nations. In this era of globalisation, human rights are getting articulated very effectively and also being implemented. The right to good governance must be a part of the human rights especially in the context of our current position in history. We have had experience of different types of regimes and governance and we have adopted democracy which ensures government of the people, by the people and for the people as the best model for good governance…..cont..