Rajasthan

• 16 Feb 2024

Panel Constituted in Rajasthan

Why in News?

Rajasthan Chief Minister Bhajan Lal Sharma has promised a probe into the alleged corruption under the previous government.

Key Points

• A Cabinet sub-committee has been constituted to review decisions and schemes of the previous administration in Rajasthan and recommend whether they should be continued.
  • Free mobile phones for women, distribution of ration kits, and formation of new districts are among the matters to be reviewed.
• The government has also ordered a probe into question paper leaks during the previous government.

Legal and Regulatory Frameworks for Fighting Corruption in India

• Legal Framework:
  • Prevention of Corruption Act, 1988 provides for penalties in relation to corruption by public servants and also for those who are involved in the abetment of an act of corruption.
    • Amendment of 2018 criminalised both bribe-taking by public servants as well as bribe-giving by any person.
  • Prevention of Money Laundering Act, 2002 aims to prevent instances of money laundering and prohibits use of the 'proceeds of crime' in India.
  • The Companies Act, 2013 provides for corporate governance and prevention of corruption and fraud in the corporate sector. The term 'fraud' has been given a broad definition and is a criminal offence under the Companies Act.
  • The Indian Penal Code, 1860 sets out provisions which can be interpreted to cover bribery and fraud matters, including offences relating to criminal breach of trust and cheating.
  • The Benami Transactions (Prohibition) Act, 1988 the Act precludes the person who acquired the property in the name of another person from claiming it as his own.
• Regulatory Framework:
  • Lokpal and Lokayuktas Act, 2013: It provides for an establishment of a Lokpal (centre) and Lokayuktas (state).
    • They perform the function of an "ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters.
  • Central Vigilance Commission: Its mandate is to oversee the vigilance administration and to advise and assist the executive in matters relating to corruption.
  • Criminal Law (Amendment) Act, 1952: The punishment specified under Section 165 of IPC was enhanced to three years instead of the existing two years.
  • Amendments in 1964: The definition of ‘Public Servant’ under the IPC was expanded. The definition of ‘criminal misconduct’ was expanded and possession of assets disproportionate to the known sources of income of a public servant was made an offence.