Sept.23 : The legislative measures as well as the procedures in force for fighting corruption among public servants have come in for sharp criticism, both in Parliament and in the media. However, very few have dealt with this problem with the frankness and sense of urgency as the Chief Justice of India (CJI) K.G. Balakrishnan in his speech at a seminar in New Delhi recently. Justice Balakrishnan not only pointed out the main lacunae in India’s anti-corruption laws and procedures, but also offered several practical suggestions to rectify their deficiencies. Some of his important suggestions are: confiscating the assets of persons convicted of offences under the Prevention of Corruption Act, creating more designated courts and separating Central Bureau of Investigation’s investigating and prosecuting functions. However, the brunt of Justice Balakrishnan’s criticism was on the requirement of prior sanction of the competent authority to initiate proceedings against public servants. Referring to the inordinate delays in getting sanction, the CJI stated that "the quality of governance suffers when decisions are made on account of other considerations related to political patronage, kinship or caste and linguistic identity". This may appear as strong words, but they reflect the concerns of most citizens at the gross misuse of the provision for prior sanction.
