lawyers in India

Corruption Law in India

Written by: Puneet Shukla, National Law University, Jodhpur
Laws in India
Legal Services India.com
  • What came first---- the egg or the chicken! The answer is rather illusive. It's more of anxiety for scientist and not for any common individual; even its answers are not to be bothered. What really worries should be rather in our "Constitution". What came first-corruption or the population? Can any one find out what's the true temperament behind it? It's difficult to derive on any one of them, because if its 'corruption'; without population corruption cannot survive. If population came first then it is apparent that corruption is going to have its root together in our day-to-day life.

    When we see our history; there is comprehensible reflection of corruption even though population was confined to limited numbers.

    Do you really believe in our Justice system? If somebody asks me my answer will be misleading. It rather depends on the situation what the matter is, but it is seen that people wait for their turn to get Justice for whole life and what they get at the end of everything; pay fees to the advocates, spend their precious time in coming to the Courts; believing that some day their case will put in some Court and Justice will be delivered to them.

    But I don't understand that why people fail to understand, it's not easy to get Justice today. When we see India as a whole; it's having population of more than 100 Crore and according to Prof. Malthus if the population is growing at the faster rate than the rate of increase in food, then it can be said there is a big problem going to be faced by the country. Right now the condition of India is also the same because the population is growing in the Geometric Progression Ratio but the production of food is in the Arithmetic Progression Ration only so, the problem is really very serious and India has to do something to get rid of this problem. What do you expect from the Court--- in one day how many judgments are passed by any Court. The results are so much confine to figures that you count on your fingers. After globalization, though we say that economy have somewhat been stable, but what about our Justice system which is day by day getting on its worst phase."

    It's summer time when I hunt for my summer placement; which is confined of few weeks only; people take my interview, when they see my resume; they see me and give me suspicious look; I don't understand why, they might be thinking what's the reason that why I am doing such a training at a young stage of my carrer which as lost its magnitude in the open market. They even know, inside their heart that nobody now would really go to Courts for any relief, because they know what time would take to get Justice; it's a long queue out there so, what are the factual elements which are constantly putting our Judiciary into its worst nightmares?

    When we say that our justice system is derived from the British and also some part has been adopted from America, then why is that have moved ahead, and we are still lacking in our disposal, once we have accepted their culture to some extent, their work environments, and all those things which are usually not accepted in our day to day life, then why we forget the working environments of their Courts also. We should try to take help and upgrade ourselves; upgrade our working methods, so that we can avoid delays in any judicial proceedings.

    The most alarming factor is "Corruption". At every level there is corruption. Do we really need to throw ourselves on it, instead of directly blaming it? The thinking of every individual is that his or her work to be done fast; and why not? When people pay; they accept that their work should be done on their time. But still they bribe additionally, not to get their work done even faster, but to make the opposite party happy, now why is this necessary; it's difficult to understand every Indian mentality. It's not that the person who has been qualified to do his specific work; will not do, but when he will do; nobody knows and all this depends upon his mood to do. So, just to make his mood all the time good people bribe them but basically it's against the good morals i.e., Contra bonos mores. So basically what is going on in the society is one person making the whole society bad, just like 'one bad fish makes the pond dirty'.

    When we go through the various steps of functioning of Judiciary; what is written in book seems to be easier than to go practically in Courts and to complete work. Why is this kind of difference; why can't we have our work done fast? The reason for all the above things are very simple, India is in 21st Century and still we don't have implemented family planning though there are many ads. Government's trying to educate people. but it won't work out until any concrete amendment is legislated and imposed on people to follow it. As such, every law is command of Sovereign, but still people break it, they are of course punished? This number can't stop nor can be reduced; unless some law should be made which has its own uniqueness, and to some extent, it has to be 'dictator" by its nature, so that nobody has the guts to rapture it.

    "Justice Delayed Is Justice Denied
    Justice Hurried Is Justice Buried"

    Print This Article

    Corruption: A Menace In India:
    Everyone censures corruption at a societal stage but that does not mean that anyone has escaped from the flu of corruption. It is not an infection in one country.

    Is Poverty A Cause of Corruption:
    Popular belief suggests that corruption and poverty are closely related to developing country. Corruption has been a constant obstacle for countries trying to bring out the political, economic and social changes desired for their development.

    Right to Information - An Anti-Corruption Tool:
    Basically, this article talks about transparency including right to information and also how it does work as an anti - corruption tool. The motive behind writing this article is to clear some of the concepts of the readers as well as of the author herself.

    Prevention of Corruption Act, 1988:
    "If we cannot make India corruption-free, then the vision of making the nation develop by 2020 would remain as a dream." - Dr. A.P.J.Abdul Kalam
    Corruption is considered to be one of the greatest impediments on the way towards progress for developing country like India.

    Corruption in Decentralised Governance - A case study of K.G. Halli, Karnataka:
    Until the passage of the Constitution (seventy-third) and (seventy-fourth) Amendment Acts, 1992, the only reference in the Constitution to local bodies was in the Directive Principles of State Policy.

    Corruption in Governance: Human Rights Dimensions:
    Corruption threatens the rule of law, democracy and human rights; undermines good Governance, fairness and social justice; distorts competition, hinders economic development, and endangers the stability of democratic institutions and moral foundations of society.

    Corruption menace:
    In order to curb the rising monster of Corruption one should not let the seed of Need grow into a Black hole sucking up every thing, but instead limit it to the seedling, which would be beneficial to the society.

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