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.

Inquiry Wing of Lokpal

It conducts a preliminary inquiry into any offense alleged to have been committed by a public servant punishable under Prevention of Corruption Act (PCA), 1988.

It submits inquiry report to Lokpal within 60 days.
It is headed by Director of Inquiry under Lokpal chairperson.
- Director will be assisted by 3 Superintendents of Police (SPs) - SP (general), SP (economic and banking) and SP (cyber).
- Each SP will be further assisted by inquiry officers and other staff.
It shall have all powers of civil court, under Code of Civil Procedure, 1908.

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.).

Stakeholders	Roles/Ethical Concerns
Public Officials	Hold positions of authority and can misuse power for personal gain. Personal enrichment by accepting bribes or embezzling public funds. Control over resources and unequal distribution of these resources.
Citizens	Restricted access to public services. Bribing for cutting through red tape or getting undue gains. Fostering corruption culture.
Civil Society	Anti-corruption advocacy. Demand for good governance and transparency. Embezzlements in international fundings of NGOs.
Judiciary	Upholding the law and ensuring justice. Maintaining judicial integrity. Selective application of law through intrusion of corruption.
Media	Exposing corruption and holding power to account. Promoting false narrative or misinformation to protect corrupt entities.

Ethical Systems and Corruption
Ethical System	Key Principle	View on Corruption
Deontology	An act is moral if there is a universal sense of duty or obligation attached to it.	Going by the Kantian moral philosophy on which this ethical system is built, corruption is seen as an immoral or morally bad action because it goes against the supreme moral principle and the natural sense of duty that goes with it.
Utilitarianism	An agent performs a morally right action if such an action will maximize good and minimize evil, in terms of the number of people who benefit from that particular action or the degree of pleasure the particular action causes on people.	Corruption has bad effects on society, jeopardises the common good and inflicts pain on very large number of people.
Contractarianism	Our actions are good as long as they respect the right of others and maintain the cohesiveness of the social contract on which society is based.	Corruption does not, in any way, promote social cohesion or the social contract that binds people together, but rather threatens it.

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.

Measures for Combating Corruption suggested by Kautilya’s Arthashastra

Information Organization: There should be ‘Information Organization’, which should inform the king about corruption in any department.
- Institutions such as Central Vigilance Commission, Lokpal, Lokayuktas etc. can be said to be such information organizations.
Regular Transfer: The public servants should be transferred continuously from one department to another so that they should not get a chance to make corruption boldly in any new department.
Supervision: Working procedure of the officers should be supervised regularly. For that purpose, a special supervisory officer should be appointed.
Public Disclosure: A corrupt person and his crime should be disclosed publicly so that no another person would make a shameful deed.
Strict Punishment: Kautilya suggested strict punishment, both material and corporal, to the corrupt. It also suggested that supporter of corruption should be given similar punishment.

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.

Check your Ethical Aptitude

You are the District Magistrate of a region where a major infrastructure project has been delayed for several years. The project is critical for the development of the area and has the potential to significantly improve the lives of local citizens by improving public transportation. However, you discover that the delays are due to widespread corruption involving both public officials and private contractors. These stakeholders have been engaging in collusive bribery, inflating project costs, and embezzling funds meant for the project.

As DM, you are confronted with following challenges:

Some senior officials in your department are involved in the corruption, and you fear backlash if you take action.
Citizens are growing increasingly frustrated with the delays, and you are under pressure to take immediate steps to complete the project.
Whistleblowers have come forward with evidence of the corruption, but they are facing harassment and threats to their safety.

On the basis of the case study, answer the following questions:

What are the ethical dilemmas you face in this situation?
Suggest measures that can be implemented to prevent such instances of corruption in the future and promote accountability in public projects.