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2007 Assessment

India: Integrity Indicators Scorecard

India: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
71	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
72	Is the anti-corruption agency effective?	89
73	Can citizens access the anti-corruption agency?	63

Indicator and sub-Indicator Details

In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments: This is the Central Vigilance Commission.

References: www.cvc.nic.in

Peer Review Comments: The Central Vigilance Commission is concerned only with corruption issues concerning the government of India and its public sector undertakings. It does not cover the private sector or states (India's federating units).

Peer Review Comments: In addition, there is the Central Bureau of Investigation and Enforcement Directorate, plus Vigilance Departments in every organization.

Is the anti-corruption agency effective?

72a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments: It is increasingly so today. A visit to the Central Vigilance Commission (CVC) would be indicative of the autonomy the office enjoys in recent times. This has also got to do with judicial activism. The same cannot be said of other anti-corruption agencies within the system.

References: www.cvc.nic.in

72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments: The CVC as a body has more or less evoked a high degree of public trust in its impartiality and apolitical nature. There have been rare cases of complaints that the institution is not able to do much to withstand political pressures under agencies it oversees. Also, the capacity of the institution to resist those pressures is associated with the individual who heads the institution.

References: www.cvc.nic.in

Peer Review Comments: Political interference is indeed a major hurdle in the path of the investigating agencies, and that has led to several cases of corruption falling flat during the judicial trial; the fact is that the investigating agency is forced to open cases by the ruling establishment against those in the opposition and vice versa. The Bofors and the Taj Corridor cases are just two examples of this.

72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments: Central Vigiliance Commission Act 2003, Section 6: Subject to the provisions of sub-section (3), the Central Vigilance commissioner or any Vigilance commissioner shall be removed from his office only by order of the president on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the president, has, on inquiry, reported that the Central Vigilance commissioner or any Vigilance commissioner, as the case may be, ought on such ground be removed.

References: www.cvc.nic.in; Interview with CVC

72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments: Central Vigiliance Commission Act 2003, Section 3: The Central Vigilance commissioner and the Vigilance commissioners shall be appointed from amongst persons: (a) who have been or are in an All-India Service or in any civil service of the Union or in a civil post under the Union having knowledge and experience in the matters relating to vigilance, policy making and administration including police administration; or (b) who have held office or are holding office in a corporation established by or under any Central Act or a government company owned or controlled by the central government and persons who have expertise and experience in finance including insurance and banking, law, vigilance and investigations: Provided that, from amongst the Central Vigilance commissioner and the Vigilance commissioners, not more than two persons shall belong to the category of persons referred to either in clause (a) or clause (b): Would have given a score of `100` if there was not so much of an emphasis on a bureaucratic background.

References: www.cvc.nic.in

72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: The agencies have professional, full-time staff.

References: www.cvc.nic.in

72f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments: The Central Vigiliance Commission Act 2003, Section 13 states that the expenses of the Commission, including any salaries, allowances and pensions payable to or in respect of the Central Vigilance commissioner, the Vigilance commissioners, secretary and the staff of the Commission, shall be charged on the Consolidated Fund of India. When the expenditure is charged on the Consolidated Fund of India, it is not subject to debate in Parliament and cannot be reduced by the executive.

References: www.cvc.nic.in

Peer Review Comments: I agree, but the same is not the case with the Vigilance Departments of every organization, which are supposed to be the extended wings of the CVC.

72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments: The agencies submit reports to the government and often publish them on their Web sites.

References: www.cvc.nic.in

Peer Review Comments: The CVC regularly publishes its annual report on its Web site, but only after it presentation in the parliament for debate.

72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments: It has wide-ranging powers. However, many would argue that it needs to be made more visible and it needs to be more proactive.

References: www.cvc.nic.in

Peer Review Comments: The CVC has to depend on other agencies like CBI and the Vigilance Departments to carry out investigations.

72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments: Depending on the nature of the case, the Central Vigilance Commission (CVC) can direct the CBI or the income tax department to investigate and send it a report on a particular case. Many would feel that the CVC should be given a more independent role of initiating action.

References: www.cvc.nic.in

Peer Review Comments: It is true that the CVC can initiate action, but it can only direct the CBI, the Income Tax department or any other Vigilance Department to investigate.

Can citizens access the anti-corruption agency?

73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments: Citizens can lodge complaints to the Central Vigilance Commission (CVC). The procedures can be very complicated and the process of investigation can be very time-consuming and counter-productive.

References: www.cvc.nic.in;

www.hindu.com/2005/06/16/stories/2005061612270400.htm; www.unhcr.org/home/RSDCOI/456569764.

Peer Review Comments: However, the report leaves an impression that CVC is the only anti-corruption agency, which is not the case.

73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments: The identity of the complainant can be protected by the Central Vigilance Commission (CVC) if the complainant fears danger to his/her life. Section 128 of the IPC states that anyone who knowingly makes a false complaint can be prosecuted.

References: www.cvc.nic.in

Peer Review Comments: I agree, however, the section referred is not relevant. The protection that is available under the Whistle-blower's Act would be a more appropriate reference.