Amendment to Prevention of Corruption Act: Protecting Honest Officers
Amendment aims to shield honest officers while prosecuting the corrupt effectively.
Photo by Dulsaikhan Zorig
Background Context
Why It Matters Now
Key Takeaways
- •Amendments aim to protect honest officers.
- •Prior sanction required for prosecuting public servants.
- •Concerns about hindering anti-corruption efforts.
- •Importance of protecting genuine whistleblowers.
- •Need to balance accountability and protection.
Related Concepts
The article discusses the amendments to the Prevention of Corruption Act, focusing on the balance between protecting honest officers from frivolous prosecution and effectively prosecuting corruption. It highlights concerns that the amended law may make it more difficult to prosecute corrupt officials, potentially shielding them from accountability.
The article also touches upon the importance of ensuring that genuine whistleblowers are protected and that the law does not become a tool for suppressing dissent or criticism of government actions. The amendments aim to provide a safeguard for honest officers, requiring prior sanction for prosecuting public servants, but concerns remain about its potential impact on anti-corruption efforts.
UPSC Exam Angles
GS Paper II: Polity and Governance - Statutory, regulatory and various quasi-judicial bodies.
GS Paper IV: Ethics, Integrity, and Aptitude - Probity in Governance
Potential question types: Statement-based MCQs, Analytical questions on the impact of amendments.
Visual Insights
Evolution of Prevention of Corruption Act
Timeline showing key events and amendments related to the Prevention of Corruption Act, highlighting the balance between protecting honest officers and prosecuting corruption.
The Prevention of Corruption Act has evolved over time to address changing forms of corruption and to balance the need for accountability with the protection of honest public servants.
- 1964Santhanam Committee Report recommends a specific law to address corruption.
- 1988Prevention of Corruption Act enacted to combat corruption in government agencies and public sector businesses.
- 2003Enactment of the Central Vigilance Commission Act, strengthening the institutional framework for combating corruption.
- 2014Whistleblowers Protection Act enacted to protect individuals reporting corruption.
- 2018Significant amendments to the Prevention of Corruption Act, including criminalizing bribe-giving and introducing prior sanction for prosecuting public servants.
- 2022Supreme Court emphasizes the importance of independent decision-making by sanctioning authorities.
- 2026Ongoing debates about the effectiveness and potential misuse of the prior sanction provision.
Practice Questions (MCQs)
1. Consider the following statements regarding the Prevention of Corruption Act, 1988: 1. It was enacted based on the recommendations of the Santhanam Committee on Prevention of Corruption. 2. The Act requires prior sanction from the government for prosecuting all public servants, irrespective of the nature of the alleged offense. 3. The Act has provisions to protect whistleblowers who report corruption cases. Which of the statements given above is/are correct?
- A.1 only
- B.1 and 2 only
- C.2 and 3 only
- D.1 and 3 only
Show Answer
Answer: D
Statement 1 is correct as the Act was based on the Santhanam Committee's recommendations. Statement 2 is incorrect as the requirement for prior sanction is subject to certain conditions and not applicable in all cases. Statement 3 is correct as the Act has provisions, though they may need strengthening, to protect whistleblowers.
2. In the context of amendments to the Prevention of Corruption Act, consider the following statements: 1. The amendments aim to provide a safeguard for honest officers by requiring prior sanction for prosecution. 2. The amendments have removed the provision for prosecuting commercial organizations for bribing public officials. 3. The amendments introduced the concept of 'undue advantage' to broaden the definition of corruption. Which of the statements given above is/are correct?
- A.1 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is correct as the amendments aim to protect honest officers. Statement 2 is incorrect as the amendments have not removed the provision for prosecuting commercial organizations. Statement 3 is correct as the concept of 'undue advantage' has been introduced.
3. Which of the following committees/commissions is associated with recommendations on preventing corruption in India? 1. Santhanam Committee 2. Vohra Committee 3. Second Administrative Reforms Commission Select the correct answer using the code given below:
- A.1 only
- B.1 and 2 only
- C.2 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
All three committees/commissions have given recommendations related to preventing corruption. The Santhanam Committee specifically focused on corruption, the Vohra Committee on the nexus between criminals and politicians, and the Second Administrative Reforms Commission on various aspects of governance including corruption.
4. Assertion (A): Amendments to the Prevention of Corruption Act, 1988, mandate prior sanction for prosecuting public servants. Reason (R): This provision aims to protect honest public servants from frivolous or malicious prosecution. In the context of the above statements, which of the following is correct?
- A.Both A and R are true, and R is the correct explanation of A.
- B.Both A and R are true, but R is NOT the correct explanation of A.
- C.A is true, but R is false.
- D.A is false, but R is true.
Show Answer
Answer: A
Both the assertion and the reason are true, and the reason correctly explains the assertion. The amendments do mandate prior sanction, and this is intended to protect honest officers.