Draft Bill defines corruption in govt

When the Union Cabinet approves the Public Interest Disclosure Protection of Informers Bill,2010 next week...

When the Union Cabinet approves the Public Interest Disclosure Protection of Informers Bill,2010 next week,the draft legislation besides vesting the Central Vigilance Commission with extraordinary powers will also,for the first time,closely define the term corruption in government.

In the proposed legislation,commonly known as the Whistleblowers Act,corruption has been defined as willful misuse of power or willful misuse of discretion by which there is a demonstrable loss to government or a demonstrable gain to the public servant using that power.

The Prevention of Corruption Act,1988 does not define corruption per se but puts down various actions that can be constituted as corruption. The PC Act also does not define a public servant but enumerates functionaries who are treated as public servants,which includes office bearers in government,MPs,MLAs and ministers as well.

Government sources pointed out that need for defining corruption in the Public Interest Disclosure Act was noted in meetings of the Group of Ministers GoM headed by Defence Minister A K Antony. The Bill contends that any person may make a disclosure where disclosure means an attempt to commit or a committed act of corruption. A definition of corruption,in this context,was necessitated.

The sources said they were now satisfied with the contents of the draft Bill and expressed confidence on getting the Cabinets approval first and that of Parliament subsequently. A separate chapter has been marked in the Bill for its adoption by the states.

The proposed legislation also aims to empower the CVC significantly,making it the competent authority with all ministries and institutions coming under its ambit. Since the whistleblower who provides inside information will be at grave risk,the CVCs directions in protecting the identity of the person as well as the person himself will have an overriding effect. This means that no other government directive will be able to supersede the CVCs order in this regard.

The CVC will also be empowered to impose fines if certain comments are sought from the ministry or person being charged and if there is a delay.

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Revealing the identity of the whistleblower will be a punishable offence with punishment up to 3 years or fine up to Rs 50,000 or both. To ensure responsibility on the part of of higher ups,heads of departments will be made liable if there is any leakage of information and the whistleblowers identity is compromised.

However,anyone who makes false charges will be equally guilty,punishable with the same imprisonment or fine.

The CVCs jurisdiction will also be absolute. No other civil court shall have jurisdiction in any matter where CVC is empowered under the Act and no injunction can be granted if the CVC is hearing the matter, the proposed Bill says,adding that an appeal can be filed only in the High Court.