CONTENT
CHAPTER – 1
PAGE
INTRODUCTION
SYNOPSIS - 1-49
A- Extract of Facts about Corruption in India from Ancient Texts
B- Corruption in Ancient Rome
C- Corruption in Ancient Greece
D- General Tenor of our Early Law
E- General Discussions About Corruption in Present Scenario.
a. Contours of corruption in India
b. Towards a Sociological Theory of Corruption.
c. Meaning and Definition
d. Corruption and its forms.
i. Based on variety of Acts
ii. Based on complicity/ coercion
iii. Based on volition / Inducement/ Imposition
iv. Based on spheres
v. Based on Internal/ External Axis
vi. Based on Institutionalization
vii. Based on Scale
F- Roots causes of corruption
G- Structural Roots
i. Social Matrix
ii. Politico- Administration system
iii. Political economy
H- Cost of corruption
I- Putting on End to Money Making Mania
J- Enforcement of Accountability and Reform Measure
K- Streamlining of Anti- Corruption Measures
L- Need for an Action Plan and National Debate Thereon
CHAPTER – 2
HISTORICAL DEVELOPMENT OF INDIAN CIVIL SERVICE
SYNOPSIS - 50-76
A- Introduction
B- Primeval Sense of the Term "Civil Service"
C- Commercial Stage
D- The Company's Civil Service : Political Supremacy
a. The Regime of Warren Hastings
b. The Regime of Lord Cornwallis
c. The Regime of Lord Wellesley
d. The Regime of Lord Bentinck
e. The Regime of Lord Macaulay
f. Aitchison Commission
g. Islington Commission
h. Lee Commission
i. Announcement of Mr. Montague
j. Government of India Act, 1919
k. Government of India Act, 1935
E- The Design of the Civil Service at Independence
F- The Design of the Civil Service after Independence
a. Public service commission
b. Functions of the commission
c. Function of the state commission
CHAPTER – 3
THE ROLE OF CIVIL SERVANT IN A WELFARE STATE
SYNOPSIS- 77-117
A- Introduction
B- Welfare Concept
C- The Impact of the Ideas of Welfare State on the functions
of Public Administration
D- Role of Civil Service
a. Pre Independence Role
b. Creative faculties of Higher Civil Servant in India
c. Administrative Powers
i. Formulation and execution of policy
ii. Power of Investigation and Inquiry
1. The commission of Inquiry Act, 1982
2. Power to obtain information
Calling for Reports Returns
Summoning of persons to give
evidence and produce documents
Search and seizure
To Inspect
E- Three Approaches to Control the Bureaucracy in India
CHAPTER – 4
BEHAVIOURAL CHARACTERISTICS OF THE BUREAUCRATS
SYNOPSIS- 118-154
A- The fact about Non performance of Bureaucracy
B- Main characteristics of Indian Bureaucracy
a. Impersonal Way of Operation and Rigidity in
Adhering to Formal Rules, Precedents and
Procedures
b. Delay
c. Pervers sense of insecurity and frustration among
the bureaucrats and in security.
d. Barriers of communication between levels of
Bureaucracy
e. Lack of Initiative, Responsibility, Drive & Capacity
to Innovate
f. Reluctance to Delegate Authority
g. Sycophancy Towards Superiors
h. Insistence on Status and Prestige Symbols
i. Tendency to Overstaff
j. Tendency to Politicisation
k. Tendency to be Touchy Against Public Grievances
C- Reshaping the Indian Bureaucracy
CHAPTER – 5
POLITICIZATION OF BUREAUCRACY IN INDIA
SYNOPSIS- 155-180
A- Introduction
B- The Concept of "NEUTRALITY"
a. Breakdown of the "Neutrality" Concept
b. Causes for the breakdown of "Neutrality"
c. Dimension for the measurement of "Neutrality".
C- The "Politicised" Bureaucracy
I. Bureaucratic Influence in the Decision making
process.
II. The Degree of Involvement of Bureaucracy in
Politics.
III. Political and Party Interference in Public Officials
work.
IV. The Image of the Public Service
D- Functioning of the IAS
a. How did the IAS function from 1947 to 1967.
b. How are they likely to function under the changed
context of centre state relations in post- 1967 India.
E- Report of Vohra Committee
CHAPTER – 6
SYNOPSIS- 181-206
A- Introduction
B- Need for Ethics
C- Ethics in Public life
D- Definition
E- What is unethical Behaviour
a. Forms of Misconduct
b. The unethical Behaviour
c. Recent Trends of Unethicality in Administration
d. Causes and consequences of unethical behaviour
i. The Political environment
ii. The Psychological environment
iii. The socio- economic environment
iv. Administrative environment
F- Ethical Problems
G- Operationalising of Ethical Standards and ethical
accountability.
H- All pervading non accountability.
I- Lac of sense of accountability of individual level.
J- Legal and political party system
K- Dependence of operationalisation on values
L- Ethics of Responsibility
M- Components of Ethics in public life.
N- Ethical Conduct: A matter of Individual Responsibility.
O- Ethical Predicaments of Public Officials
P- Promoting and Implementing Ethical behavior of Public
Officer.
a. Prevention and Reform measures
b. Seven Principles of Public life by Nolan Committee.
Q- Ethical Guidelines
R- Proposed code of conduct and Guidelines.
S- Machinery for Implementation
T- Precautions
U- Code of Ethics for civil servants.
V- Saving India from sweeping anarchy
CHAPTER – 7
CORRUPTION IN ADMINISTRATIVE MACHINERY
SYNOPSIS - 207-304
A. Introduction
B. The cancer of corruption
C. Source of Big Corruption
D. Two faces of Corruption overt and covert
E. Reasons for the High Incidence of Corruption
i. Cheating
ii. Sign of affluence
iii. Our system of Democracy
F. Supply side of corruption
G. Demand side of corruption
H. Decline of the civil services
I. The changing role of the administrator
J. Mindset of Indian Bureaucracy
K. Forms of Bureaucratic corruption in India
L. Bureaucratic corruption: The obtuse of Bureaucratic Morality
M. The Political context of public morality
N. Bureaucratic Discretion
O. Centralisation of power
P. Legacy of colonial system
Q. Examples of corrupt Bureaucratic practices
R. All round corruption
Some critical zones of corruption
a. Police department
b. Railways
c. Export and Import
d. Income tax department
e. Central public work department
f. Directorate- General of Technical Development
g. Directorate -General of Supplies and Disposals
h. Armed forces
i. Steel scarcity and corruption
j. Corruption at every octroi Barrier
k. Corruption in admission of professional college
l. Corruption in the choice of text books
m. Corruption in university and school examination
n. Corruption in Government hospitals
o. Food adulteration and corruption
p. Illicit liquor and corruption
q. Corruption in private firms
r. Corruption in the judiciary
s. Corruption in Building industry
t. A few important cases
u. New cases of corruption under the prevention of
corruption Act, 1988
S. Relationship between politician and administrator
T. Political corruption
U. Characteristics features of political corruption in India
V. Rise in political corruption
i. Defections
ii. Rising levels of corruption and scandals
iii. Varying modes of corruption practices
iv. Voluntary agencies in corruption network
v. The problem of prosecutions
vi. Managing the case load
W. The Anatomy of corruption-
a. Focusing on Preventing Corruption
b. Administrative reforms to prevent corruption
c. Implementation / Administration of law
d. Public internet Litigation
e. The need for better analysis
CHAPTER – 8
CONSTITUTIONAL PROTECTION TO CIVIL SERVANTS
SYNOPSIS- 305-385
A. Introduction
B. Position of civil servants in a parliamentary system of
government
I. What is a ‘Civil Post’
II. Test to determine civil servant
C. Matters which call for regulation
D. Power to prescribe condition of service
E. Genesis and growth
F. Constitutional protection to civil servants- Article 311
G. Judicial Interpretation
a. Clause (1) Civil post and civil servants
b. Pleasure Doctrine
c. Cannot be fettered by contract
d. Limitation upon exercise of the pleasure doctrine
e. Exceptions in the case of some high officials
f. “Duranto bene placito”
g. Authority subordinate to that by which appointed
h. Clause (2) – Dismissal, removal or reduction in rank
i. Nature of the right of permanent employee to a post
j. Contract of service must be consistent with the
constitution
k. Compulsory retirement
l. Reduction in rank
m. Second proviso
n. Reasonably practicable
o. Satisfaction of President or Governor
p. The Second Proviso – Clause (a)
q. Doctrine of reasonable opportunity
r. In which cases the opportunity must be given
s. Termination of service
t. Defence employee
u. Suspension from service
v. Retirement benefits
H. Exclusion of Art- 311
I. Arguments in favour of retaining Article- 311
J. Arguments in favour of retaining Article- 311
K. Political patronage
L. Absence of provisions to book erring civil servant
M. Need for Issuance of Sanctions and the Lokpal
N. Safeguards for the IAS
CHAPTER – 9
PREVENTION AND REFORM MEASURES
SYNOPSIS - 386- 496
A. Introduction
B. Ethical frame work : Ethics in politics
I. International Approach: Codes of conduct for public
officials
II. Ethical frame work for Ministers
III. Ethical frame work for Legislators
a) Filing Assets and liabilities statement
b) Enforcement of ethical norms in legislatures
IV. Code of ethics for Civil Servants
C. Legal framework for Fighting Corruption
I. Evolution of the Anti Corruption Laws in India
II. Prevention of the Corruption Act, 1988
III. Corruption involving in private sector
IV. Confiscation of properties illegally acquired by corrupt
means
V. Prohibition of Benami transaction
VI. Protection to Whistleblowers
VII. Serious Economic offences
VIII. Prior concurrence for registration of case: Section 6A of
Delhi Special police Establishment Act, 1946
IX. Statutory reporting obligations
D. Institutional Frame Work
I. Existing Institutions / agencies
II. The Lok Pal
III. The Lokayukta
IV. Ombudsman at the Local Level
V. Strengthening investigation and prosecution
E. Social Infrastructure
I. Citizens Initiatives
II. False Claims Act
III. Role of Media
IV. Social Audit
V. Building societal Consensus
F. Summary of Recommendations
I. Summary of recommendations by 2nd Administrative
Reform Commission
II. Recommendation by Santhanam Committee
III. Recommendation of Central Vigilance Commission
IV. Recommendation of CBI
CHAPTER – 10
SUGGESTED GUIDELINES
SYNOPSIS- 497-552
A- Introduction
B- Reasons for the persistence of corruption
a. The Problems of enforcement
b. View of Hong Kong's highly successful Independent
commission against corruption
c. The weakness of enforcement agencies
d. Internal vigilance is ministries and departments
e. Enforcement agencies at the state level
f. Karnataka Lok Aykta- Authority and structure
C- Tackling corruption: A Structural Approach
a. Strengthening of Anti corruption machinery
b. Reducing opportunities for corruption
c. Strengthening of internal controls in the
government departments and the public sector
undertaking.
d. Encourage of preventive vigilance
e. Preventive vigilance: The role of Government
Departments
f. Enforcement within departments
D- Potential Areas for Reform
a. Legislative measures
b. Inbuilt delays in criminal justice system in India
c. Futility of prior sanction
d. Business process re-engineering
e. Using information technology
f. Reforms in Human Resource Management
g. Building Public Awareness: The Right to
Information
h. Seoul City's Anti Corruption Programmes
i. Andhra Pradesh: Reforms in enforcement
E- Suggestions
ABBREVIATIONS i
BIBLIOGRAPHY ii-vii
TABLE OF CASES viii-xix
PUBLICATIONS xx-xxxi