The Central Bureau of Investigation (CBI) plays a key role in ensuring the accountability of civil servants in India. The CBI is the premier investigating agency in India and is responsible for investigating cases of corruption and other serious crimes, including crimes committed by civil servants.
The CBI is authorized to investigate cases under several laws, including the Prevention of Corruption Act, 1988, which governs corruption by public servants, and the Indian Penal Code, which governs criminal offenses. In cases involving civil servants, the CBI is empowered to conduct raids, searches, and seizures, and to arrest and detain suspects for the purpose of investigation.
The CBI also has the authority to prosecute civil servants who are found to have committed offenses under the laws it enforces. In cases where a civil servant is convicted, the CBI can recommend action to be taken by the concerned department or organization, including disciplinary action, termination, or prosecution.
The CBI works closely with other agencies and organizations, including the Central Vigilance Commission (CVC) and the Department of Personnel and Training (DoPT), to ensure that civil servants are held accountable for their actions. The CBI also collaborates with the CVC to receive and examine complaints of corruption and misconduct in the Central Government, and to initiate investigations into these complaints.
Recently, the CBI has submitted a charge sheet against K. Rajesh (an IAS officer from the 2011 batch of the Gujarat Cadre) for accepting bribes in exchange for issuing arms licenses to individuals who were not qualified, allocating government land to ineligible beneficiaries, and granting other unlawful favors during his time as the collector of Surendra Nagar.
Institutions such as the CBI, CVC, Enforcement Directorate, Lokpal, and Lokayukta play pivotal roles in ensuring civil servants are held accountable for their actions. The mandate of these institutions act as a deterrent against corrupt officials. However, in spite of having these institutions, the corruption cases involving civil servants have not declined as per expectations of the public. This calls for reforms in these institutions to ensure their autonomy and independence.
The accountability in public life can be ensured if all the actors involved in the process of governance adhere to their duties and responsibilities and act in a manner which is in line with the spirit of the constitution and welfare of the people. In this context the second administrative reforms commission (2nd ARC) has suggested a code of conduct for ministers and legislators.
Code of conduct for ministers in India
Ministers are obligated to maintain the highest ethical standards; Ministers must adhere to the principle of collective responsibility;
- Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies
- Ministers must ensure that no conflict arises, or appears to arise, between their public duties and their private interests;
- Ministers in the Lok Sabha must keep separate their roles as Minister and constituency member;
- Ministers should avoid using governmental resources for party or political purposes; they should take accountability for their decisions instead of merely attributing them to misguided counsel.
- Ministers must uphold the political neutrality of the Civil Service and refrain from instructing civil servants to act in ways that would compromise their duties and responsibilities;
- Ministers are required to comply with the stipulations laid down by the two Houses of Parliament from time to time;
- Ministers need to acknowledge that abusing their official position or information is a breach of the trust placed in them as public officials;
- Ministers must ensure that public funds are utilized with the utmost frugality and caution;
- Ministers must function in such a manner as to serve as instruments of good governance and to provide services for the betterment of the public at large and foster socio-economic development; and
- Ministers are expected to conduct themselves objectively, impartially, honestly, fairly, diligently, and in a just manner.
Code of conduct for members of the parliament
Members must avoid actions that bring disrepute to Parliament and impact their credibility.
- Members should leverage their positions as Members of Parliament to promote the general welfare of the populace.
- When Members encounter a conflict between their personal interests and the public trust they hold, they must resolve such conflicts by prioritizing their public responsibilities over their private interests.
- Members should ensure that their personal financial interests and those of their immediate family do not conflict with public interests, and if any such conflict arises, they should strive to resolve it to protect the public interest.
- Members must never anticipate or accept any fee, remuneration, or benefit for casting a vote or not voting, for introducing a Bill, for moving a resolution, for raising a question, or abstaining from questioning or participating in discussions in the House or a Parliamentary Committee.
- Members should refrain from accepting gifts that may compromise the honest and impartial performance of their official responsibilities. However, they may accept incidental gifts or inexpensive mementoes and customary hospitality.
- Members in public office should utilize public resources in a way that contributes to the public good.
- If Members possess confidential information due to their status as Members of Parliament or as members of Parliamentary Committees, they should not disclose such information to further their personal interests.
- Members should avoid granting endorsements to individuals and institutions without personal knowledge and factual backing.
- Members should abstain from offering support to causes about which they have little or no knowledge.
- Members should not misuse the facilities and amenities available to them.
- Members should demonstrate respect towards all religions and work to promote secular values.
- Members should remain mindful of the fundamental duties outlined in part IV A of the Constitution.
- Members are expected to uphold high standards of morality, dignity, decency, and values in public service.
Observance of the above code of conduct in its letter and spirit would not only promote the norm of accountability in governance but it would also result in good governance in our country. The civil servants along with political executives and legislators by ensuring proactive accountability can play an instrumental role in making the citizen-centric governance a reality.
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