The Act criminalizes corruption by public servants, makes bribe-giving a punishable offense, and provides safeguards for honest officers through prior sanction clauses.
Positive Outcomes (post-2018 amendment):
-
- Criminalizes Bribe Giver (not just the public servant)—encourages responsible citizenship.
- Prior Sanction: Prosecution of public servants now requires prior approval—ethical safeguard against political vendetta.
- Corporate Bribery: Organizations held liable—ethics in corporate-public interactions.
- Time-bound Trials: Ensures timely justice—ethical delivery of justice.
Criticisms:
-
- Prior Sanction Clause: May be misused to delay or deny justice—conflict between protection and accountability.
- Fear of Harassment vs. Ethical Vigilance: Too much protection can reduce whistleblowing and honest exposure.
- Overcriminalization: Penalising bribe givers in some desperate contexts (e.g., coercion or survival) may be ethically questionable.
- Integrity vs Loyalty: Officers often face pressure to serve political masters.
- Public Trust: Widespread corruption erodes citizens’ faith in governance.
Examples:
-
-
Positive:
- Ashok Khemka, IAS, cancelled illegal land deals; faced frequent transfers but upheld probity.
- 2018 amendments have brought corporate accountability under anti-corruption law.
-
Negative:
- Vyapam Scam, Coal Block Allocation, CWG Scam – betrayals of public trust, absence of ethical accountability.
- Example: Coal Allocation Scam: Allegations that rules were bent to favor select private players led to huge revenue loss and public distrust.
-
“Power tends to corrupt, and absolute power corrupts absolutely.” – Lord Acton
Kautilya in Arthashastra: “Just as it is impossible not to taste honey or poison that one may find at the tip of one’s tongue, so it is impossible for a government servant not to eat up at least a bit of the king’s revenue.”
Sardar Vallabhbhai Patel: “A civil servant must be fearless and honest in his work. Fear and dishonesty destroy both self-respect and service.”
Immanuel Kant: One must act according to the maxim you wish to become universal law (duty ethics).
The All India Services (Conduct) Amendment Rules, 2014
1. Integrity and Honesty
2. Political Neutrality
3. Accountability and Transparency
4. Responsiveness
5. Social justice
6. Courtesy and Good Behaviour
7. Commitment to the Constitution and Democratic Values
8. Public Interest and Efficient Use of Resources
9. Merit-Based Decision Making
10. Fairness and impartiality
11. Discipline
12. Confidentiality
13. Professionalism and Dedication
14. Work life balance
15. Public service spirit
Spread the Word
The post Prevention of Corruption Act, 1988 (Amended in 2018) appeared first on Lukmaan IAS.