
Discretionary powers given to officials have contributed to the generation of corruption in a big way. Such powers are, like friction, a necessary evil. The legislatures provide only the skeleton of policies. The flesh and blood to legislative policies is provided by the executive through subordinate legislation in the form of procedures, rules and regulations. But a human face is required to implement and apply them to individual situations. If no discretion is provided, the implementation of policies becomes difficult as genuine grievances cannot be addressed.
Citizens are expected to follow the dictates of policies and what is laid down by subordinate legislation. The problem arises here. Some rules and regulations deprive people of what they consider is their right. It is such thinking that encourages them to break the rules. When enforcement agencies object to this, they seek to settle the matter through nefarious means. One case of violation breeds many others and a stage is soon reached when formal law is rendered powerless.
Collusion and corruption give birth to and sustain an informal rule of law. This is best illustrated by the increasing incidence of land grabbing and the proliferation of unauthorised constructions in our cities. Such activity takes place under the very nose of the administrators. Take another example of corruption that is part of our daily lives. What generally happens when a person receives a highly-inflated electricity bill? Genuine complaints donacirc;euro;trade;t evoke sympathetic responses from the officials. In fact, they often threaten the use of draconian measures such as disconnecting the connection for the non-payment of the bill in question. As a result, aggrieved citizens, who are already short of time in a crowded daily routine, are compelled to offer bribes to buy peace for themselves.
Investigating agencies, be it the police, the tax departments or the enforcement agencies, are responsible for detecting unlawful activities and bringing crimes to light. But, unfortunately, the authority vested in them is the single-most important cause of corruption. As a simple illustration, take the case of the violation of traffic lights. Whether a person crossed the red-light or not depends entirely upon what the police official on duty has to say. His report is the only evidence cited for penal action. He can easily condone the violation by simply choosing not to book the offence. If misused, such power could lead to corruption, harassment and extortion. You can ask any truck driver to confirm this.
This acquires far greater significance in taxation cases. Whether tax has been evaded and, if so, to what extent, depends on the findings of the investigating officials. They can manipulate and distort the facts to the advantage of the defaulter. A defaulter also is interested in reducing his or her tax liability and consequently the scope for any stringent penal action. Investigating officials are known to have deliberately left snags and loopholes in their findings in order to help the defaulter. Such an unholy alliance for mutual benefit leads to corruption. The only sufferer is the exchequer and the citizens at large.
Appointment procedures are also an important factor. Many believe that there is rampant corruption in the selection of personnel at the lower echelons of the police and civil services. It is not without substance that the courts have at times quashed the entire selection on account of irregularities and complaints of corruption. Corruption of this kind invariably infuses a feeling of vengeance in the officials who have made it through this route. They then try to recoup the money they paid by accepting bribes in turn. And such behaviour could continue throughout their careers.
The attitude of senior bureaucrats is also a significant contributory factor. The archaic and outdated system of functioning has increased their work considerably. Vaguely-worded enabling statutes allow officials at the cutting-edge of administration to consolidate their power. Nothing much can be expected from this dishonest lot. Their own greed and shameless sharing of the booty make them indifferent to the problems of corruption.
Unfortunately, even the honest officers are not necessarily good. They are often ineffective, unconcerned and too bothered about protecting their reputation and image. They lack the initiative to take necessary action against corrupt subordinates. They demand strong evidence before they do so. And perhaps they are right. For instance, why should a senior official take cognisance of the fact that no taxi or lorry is allowed to enter the gate of the Port Trust premises in any major port of the country, unless the sepoy is paid. After all no one complains that this is corruption!
Apart from that, senior bureaucrats are not completely free from the malaise themselves. Their claim as being descendants of the heavenly-born service is belied by the tainted reputation of the black sheep among them. Otherwise, how is it that sometimes a senior official is given promotions and salary but not the post which he ought to hold, unless it is a case of deliberate victimisation?
The general degradation of moral values and ethical standards has played a vital roll in legitimising corruption. People tend to accumulate wealth in the shortest possible time. It is immaterial how it is acquired and what means are adopted in order to do so. Unfortunately, the accumulation of wealth by nefarious means does not bring any disrespect from society. On the contrary, material wealth assures instant social recognition.
Making rules and regulations simple and transparent can reduce corruption. Nevertheless, the root cause of corruption lies in the erosion of social values. It also demands sacrifice from the people and the conviction to adhere to the law. This is not easy to achieve. If this tendency to grab what is not lawfully permissible continues on a large scale it would ensure that corruption will continue to play a significant role in society.
It makes little sense to debate whether officials are corrupt or whether they are being bribed. The only way to make a serious dent in this process is to build the character of the new generation that is emerging right from the beginning. The process has to start at the school level. Unless the rot is stemmed at this stage, the situation can never be corrected.
The writer is a joint secretary in the Ministry of Finance