lok adalat

CORRUPTION - Latin word “to break”

Definition:

• It is the use of public power for private profit in a way that constitutes a breach of law or a deviation from the norms of society.

Forms of Corruption:

1. Bribery : Accepting gift /cash using power.
2. Misappropriation : Using public money for private gain.
3. Patronage : Wrong support / encouragement
4. Favouritism : undue favour to preferred person
5. Nepotism : Favour Relatives

Impact of Corruption:

1. Retarded economic development of country.
2. Violence and lawlessness.
3. Gives rise to casteism, linguism, communalism
4. black money in country.
5. Destabilized government
6. Widen imbalance between rich & poor

International Anti-Corruption Day has been observed annually, on 9 December, since the passage of the United Nations Convention Against Corruption on 31 October 2003

THE CENTRAL BUREAU OF INVESTIGATION

CBI – Director – Alok Kumar Verma

Origin:

• The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India.
• The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Department of India during World War II.
• The DSPE (Delhi special police establishment) acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated 1.4.1963.

Organisational structure:

• The CBI is headed by a director, an IPS officer with a rank of Director General of Police or Commissioner of Police (State).
• The director is selected based on the CVC Act 2003, and has a two-year term.
• Other ranks in the CBI which may be staffed by the IPS or the IRS are Special director, Additional director, Joint director, Deputy inspector general of police, Senior superintendent of police and Superintendent of police.

Selection Committee:

According to the CVC Act 2003, the committee recommends a panel of officers for director of the CBI. It consists of:

• Chief Vigilance Commissioner – chairperson
• Vigilance Commissioners – members
• Secretary, Home Ministry – member
• Secretary (Coordination and Public Grievances) in the Cabinet Secretariat – member

When making recommendations, the committee considers the views of the outgoing director Final selection is made by the Appointments Committee of the Cabinet from the panel recommended by the selection committee.

Jurisdiction, Powers and restrictions

• The legal powers of investigation of the CBI are derived from the DSPE Act 1946, which confers powers, duties, privileges and liabilities on the Delhi Special Police Establishment (CBI) and officers of the Union Territories.
• The central government may extend to any area (except Union Territories) the powers and jurisdiction of the CBI for investigation, subject to the consent of the government of the concerned state.
• Members of the CBI at or above the rank of sub­inspector may be considered officers in charge of police stations.
• Under the act, the CBI can investigate only with notification by the central government.

Relationship to state police

Maintaining law and order is a state responsibility as “police” is a State subject, and the jurisdiction to investigate crime lies with the state police exclusively.

The CBI being a Union subject may investigate:

• Offenses against central­ government employees, or concerning affairs of the central government and employees of central public-sector undertakings and public-sector banks
• Cases involving the financial interests of the central government
• Breaches of central laws enforceable by the Government of India
• Major fraud or embezzlement; multi-state organised crime
• Multi - agency or international cases

COMPTROLLER & AUDITOR GENERAL (CAG)

• The [[Constitution of India]] ([[Article 148]]) provides for an independent office of the Comptroller and Auditor General of India (CAG).
• He is the head of the Indian Audit and Accounts Department.
• He is the guardian of the public purse.
• Appointed by the [[President]].
• Holds office for 6 years or till 65 years of age.
• The President can remove him only on the recommendation of the two houses of Parliament (as in case of judge of Supreme Court).
• He is not eligible for further office, either under the Government of India or of any state, after he ceases to hold his office.
• His salary is equal to that of a judge of the Supreme Court.

13th – CAG of India (Rajiv Mehrishi) Present – Shashikant Sharma

Duties and Powers:

• His duties are to audit the accounts of the Union and the States and to ensure that nothing is spent out of the Consolidated Fund of India or of the States without the sanction of the Parliament or the respective State Legislatures.
• The Constitution ([[Article 149]]) authorises the Parliament to prescribe the duties and powers of the CAG in relation to the accounts of the Union and of the states and of any other authority or body.
• He advises the President with regard to prescription of the form in which the accounts of the centre and the states shall be kept ([[Article 150]]).
• He submits an audit report of the Union to the President who shall lay it before the Parliament and the audit reports of the States to
• the respective Governors who shall lay it before the respective [[State Legislatures]] (Article 151).
• The CAG submits three audit reports to the President – audit report on appropriation accounts, audit report on finance accounts, and audit report on public undertakings.
• The president lays these reports before both the Houses of Parliament.
• He is responsible only to the Parliament.
• In short the CAG acts as the custodian & trustee of public money.

ATTORNEY-GENERAL

• The Constitution (Article 76) has provided for the office of the Attroney General for India.
• He is the highest law officer in the country. Appointed by the President.
• The person should be qualified to be appointed a judge on these.
• Present – K.K. Venugopal

Rights and Limitations:

• He is entitled to audience in all courts of the country & can take part in the proceedings of the Parliament and its committees.
• However, he is not given the right to vote.
• He is also allowed to take up private practice provided the other party is not the State.
• Because of this, he is not paid salary but a retainer to be determined by the President.
• The Attorney General is assisted by two Solicitors-General and four Additional Solicitors-General.
• The Attorney General gets a retainer equivalent to the salary of a judge of the Supreme Court.

Functions:

• Gives advice on all such legal matters which may be referred or assigned to him by the President.
• Appears before the Supreme Court and various High Courts in cases involving the Govt. Of India.
• [Every state shall have an Advocate General to advice the govt.]
• On legal matters – Article 165

Comptroller and Auditor General of India

• V. Narahari Rao : 1948 - 54
• A. K. Chanda : 1954 - 60
• A. K. Roy : 1960 - 66
• S. Ranganathan : 1966 - 72
• A. Bakshi : 1972 - 78
• Gian Prakash : 1978 - 84
• T. N. Chaturvedi : 1984 - 1990
• C. G. Somiah : 1990 - 96
• V. K. Shunglu : 1996 - 2002
• VN Kaul : 2002 - 08
• Vinod Rai : 2008 - 13
• Shashi Kant Sharma : 2013 -

[[Lok Ayukta]]