India’s Common Man Is Hampered By Corruption: Supreme Court

According to the Supreme Court, corruption hinders the common man of India.

The Supreme Court emphasised that the ordinCary man in India is burdened by corruption. That accountability must be resolved at all levels as it addressed a plea seeking to bar individuals indicted in criminal cases from participating in elections.

The Supreme Court determined that India must revert to its core values and ethos to realise its ambitions fully. “Corruption causes problems for the average Indian. If you go to any government office, you won’t be able to avoid harm. Famous lawyer Nani Palkhivala discussed this in his book “We the People.”

To become the country we strive for, we must return to our fundamental values and moral principles. If we returned to our fundamental beliefs, we would have a nation to which we could strive. They said this when Judge K M Joseph and Justice B V Nagarathna heard the argument.

According to the PIL’s filing attorney Ashwini Updhyay, a person accused of a terrible crime cannot become a police officer or sweeper in a government building. Yet, he can become a minister even if he has been accused of crimes like extortion, kidnapping, and murder.

Judge Joseph said he would prefer to keep quiet about the activities occurring under the pretence of democracy.

“I won’t make any comments. There is a constitution bench ruling on this subject, and the court has ruled that it cannot add anything to the law beyond what has already been introduced and that the government must look into it.

Accountability issues must be rectified at all levels, according to Judge Nagarathna.

According to lawyer Amit Sharma defending the Election Commission of India, a person cannot run for office if they have been convicted of any crime and given a sentence of at least two years in prison. The election commission has previously voiced concern over the criminalisation of politics.

The offender will lose their eligibility for the remainder of their sentence and an additional six years after release. This claim aims to bar candidates from running for office while charges are still being filed. Our position is that the Parliament should decide whether to pursue it, “added he.

The Centre’s lawyer said he needs additional time to respond to the PIL. According to Upadhyay, India’s Central and the Election Commission should be given less time to file their response because the PIL raises important issues.

He asserted that anyone seeking a birth or death certificate from a government office must contend with corruption.

“If one needs to engage in corruption, there are always ways and means. We must practise humility and get back to our core values and selves, according to Justice Joseph. In short, the nation needs educators who can strengthen the country, Judge Nagarathna concluded.

Mr Upadhyay asserted that he had submitted a fresh PIL asking for the property to be associated with an Aadhaar number to fight corruption.

“I believe that 20% of the population uses debit or credit cards, yet 80% of Americans do not have $500 or $2,000 bills. The speaker said not simply a partial “note bandi” (money exchange), but full demonetisation is required.

Mr Upadhyay believes that demonetisation should take place the way it did under the Janata Party’s rule in 1978, when all high denomination bank notes were declared invalid, as opposed to how it happened in 2016 when only letters of the 500 and 1,000 denominations were withdrawn. New notes of the 500 and 2,000 denominations were introduced.

The judge asked the Center and the election panel to file their responses within three weeks and set the case for a final hearing on April 10. On September 28, the Supreme Court decided to evaluate the plea and sought input from the Center and Election Commission.

233 (43%) of the 539 Lok Sabha election winners in 2019 allegedly filed criminal charges against themselves, according to the argument.

The petition cited data from the NGO Association for Democratic Reforms’ report. It claimed that since 2009, there had been an 11% increase in the number of MPs who have filed severe criminal cases against themselves, with one MP filing 204 such claims, including ones for culpable homicide, home invasion, robbery, criminal intimidation, etc.

The menace of corruption is the topic that gets the most attention and predominates public debate in India. Every person is impacted by the issue, from those who live in slums to those who hold the highest positions in the State system. Corruption spreads like the imaginary Voldemort every time it is mentioned.

Kautilya remarked that it was “impossible for a government helper not to swallow up, at least a little bit, the King’s revenue,” similar to how it is difficult not to taste the honey that happens to be on the tip of the tongue.

What results from corruption in India?

Obstacles to the developmental process:

• Taxpayer money is stolen, and corruption causes riches to be lost, which leaves little money for social sector spending.
• Due to bureaucracy and corruption issues that drive up costs, many development projects are either unable to be completed or are postponed for decades.
• The out-of-pocket costs incurred by the impoverished to execute activities create a cycle of poverty.
• Corruption in social areas like PDS, health, and education programmes contributes to demographic disadvantage.
• Due to crony capitalism, large-scale initiatives are substituted for decentralised, directed programmes in development strategy.

Money outflow

• Decreases the ease of conducting business.
• When there is corruption in the public sector, conducting ethical business comes with serious risks. Ineffective red tape, minor corruption, and bribery are likely to be encountered by companies when performing any operations or transactions.
• Inadequate allocation policies are to blame for the undervaluation of resources, including coal blocks, oil projects, and spectrum allocation. Example. 2G scam, Coalgate. Due to this wasteful use of resources, there is exploitation and environmental harm.
• Tax authorities corrupted by businesses need better tax collection. Low capital spending is the outcome.
• The corruption of banks and stock market officials reduces the economy’s resiliency. The PNB, PMC, and Harshad Mehta scandals, for instance
• Raising black money artificially increases market potential, which is always in danger of failing.

Endangering national security

• Lawsuits have typically been brought due to corruption in the defence industry. It compromises the readiness of the armed forces.
• Corruption in the border security establishment exacerbates the issue of terrorist infiltration. Illegal immigration is the cause of the NRC’s implementation difficulties.
• Negative effects on the social sector
• Corruption is always paid for by the disadvantaged. The exchequer losses brought by such significant frauds are always compensated for by raising taxes. Equitable taxes across generations need to be improved by it.
• The corrupt system renders the poor eternally impoverished by denying them the chance to improve their lot.

A decrease in systemic faith

• Corruption substantially hinders democracy and the rule of law on the political front.
• As a result, non-state actors have unrestricted power, and political systems lose some legitimacy. Consider the extreme left.
• Its legitimacy is also threatened by judicial corruption.

edited and proofread  by Nikita sharma