Skip to main content

Anti-Corruption Laws in India

Introduction​

This page provides an overview of anti-corruption laws in India, specifically focusing on the Administrative Law section of the Indian legal system. It aims to be useful for law students and LLB candidates studying administrative law, providing real case studies and illustrations to contextualize the legal concepts.

Relevant Laws​

Prevention of Corruption Act, 1988​

The Prevention of Corruption Act, 1988 is the primary legislation dealing with corruption in India. It defines various offenses related to bribery and corruption.

Section 7: Bribery of Public Servants​

This section deals with bribery of public servants. It states that whoever offers or gives any gratification other than legal remuneration to any person holding any office or place of trust under the Central Government or State Government shall be punishable.

Section 13: Criminal Breach of Duty​

This section covers cases where a public servant commits criminal breach of duty. It states that if a public servant, being legally bound to do so, fails to perform his duties, he shall be punishable.

Case Studies​

The Raja Case​

In the case of Commonwealth Games Scam (2011), former Telecom Minister A. Raja was accused of allocating 2G spectrum licenses at throwaway prices to private companies. This led to massive financial losses to the government. The Supreme Court ultimately canceled all 122 telecom licenses issued during this period.

Legal Section: Prevention of Corruption Act, 1988, Section 13

The Coal Allocation Case​

The Coal Allocation Case involved irregular allocation of coal blocks between 2004 and 2009. It resulted in huge losses to the exchequer. The Supreme Court cancelled all 204 coal block allocations made during this period.

Legal Section: Prevention of Corruption Act, 1988, Section 13

The Adarsh Housing Society Case​

The Adarsh Housing Society Case involved allegations of land scams in Mumbai. Former Maharashtra Chief Minister Sushilkumar Shinde was accused of misusing official position to get land for a housing society meant for war widows.

Legal Section: Prevention of Corruption Act, 1988, Section 13

Conclusion​

Anti-corruption laws play a crucial role in maintaining transparency and accountability in governance. Understanding these laws and their application through real-life case studies is essential for law students and professionals alike. As India continues to grapple with issues of corruption, it is important to stay updated on these laws and their practical implications.