Question : DISCREPANCIES IN ANTI CORRUPTION LAWS



(a) whether discrepancies have been found in anti-corruption laws and rules due to which delay occures in awarding punishment to the guilty people;

(b) if so, the details thereof and the reaction of the Government thereto;

(c) the success achieved so far in the efforts made to remove the said discrepancies; and

(d) the reaction of the Government on the success achieved in this regard?

Answer given by the minister


Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)

(a) to (d): The fight against corruption is an ongoing process and it is the endeavour of the Government to strengthen its anti-corruption laws and other mechanisms from time to time so as to ensure that the corrupt are punished effectively and expeditiously.

The delay in conclusion of cases and awarding punishment is generally on account of the following reasons:-

(i) The number of cases under trial is increasing every year because the number of cases filed in the courts for prosecution every year is more than the number of cases disposed of from trial.
(ii) The trial courts are over-burdened with a number of cases. The situation compels the Magistrate or Judge to either adjourn the cases without progress or long adjournments are given in the cases.
(iii) Delaying tactics adopted by the accused is another reason for delay in disposal of cases which increases the number of cases pending trial in courts. Stay of cases by the superior courts on revision-petitions filed by the accused persons is also a reason for delays in trial.

Creation of 71 additional exclusive courts of Special Judge appointed under Prevention of Corruption Act, 1988, appointment of competent and experienced Special Public Prosecutors on contract basis and filling of vacancies of the Prosecutors are some of the actions taken by the Government to expedite disposal of cases in courts. These efforts are expected to improve the disposal of cases considerably. Similarly, to strengthen the anti-corruption laws, the Central Government have introduced Lokpal & Lokayukta Bill, 2011, Whistleblowers Protection Bill, 2011 and Prevnetion of Bribery of Foreign Public Official and Officials of Public International Organization Bill, 2011 in the Parliament.