Corruption In India Pervades All Levels, Not Even Sparing IAS, IPS and Judicial Service: Madras High Court

“Corruption has become deep-rooted and is galloping unchecked and unhindered. It is well known how our Great Nation appears to be sinking deeper and deeper in corruption. There is little doubt that corruption in present-day India pervades all levels and all services, not even sparing the Indian Administrative Service, Indian Police Service and Judicial Service.”

Justice SM Subramaniam noted that corruption is a disease that eats into the cultural, political, and economic fabric of the society and destroys the functioning of vital organs. He added that corruption was not only found in illegalities but also to facilitate legal transactions. He noted that large scale corruption existed in Government and Police Departments and Higher Authorities are expected to be sensitive in the matter of corruption allegations.

“Corruption is not only found in illegalities, even for legal transactions, demand and acceptance of bribe is found in large scale in Government Departments and in Police Department. Therefore, the public opinion in this regard is to be removed, only by developing transparency in Public Administration, minimising the procedures to be adopted and initiating appropriate action against the complaints given by the aggrieved persons. Therefore, the Higher Authorities are expected to be sensitive in the matter of corruption allegations,” he noted.

The observations were made in a plea filed by M Rajendran, who was a Government Employee and against whom action was initiated on the allegation of accumulation of disproportionate wealth along with other persons. The court noted that though Rajendran had made specific allegations of corruption against some of the police officials, the same was not properly looked into by the Home Secretary, DGP, or the Superintendent of Police.

The court noted that sound and excellent laws, rules and regulations by themselves could not ensure effective and transparent administration if the political and administrative leadership enforcing it failed to do so and abused their powers for personal gain.

According to the court, casual and clumsy handling of corrupt cases was one of the factors that contributed to its growth. The court noted that these social evils have come to be accepted in the society and it has become a part of social ethos with people approaching someone for favours which they know are not legally due to them.

“Whatever the people may say in coffee houses or in seminars, they show awe and respect to the corrupt. Such people are repeatedly elected or appointed to positions of power, and they go on to distribute the spoils of office to their near and dear ones,” Justice Subramaniam added.

The judge also noted that enumerable criminals were walking freely on the streets and that fear of corruption laws have faded from the minds of corrupt public servants. He observed that politicians and bureaucrats were giving hopes to corrupt officials to escape from the clutches of law which made the corrupt officials confident that they would escape punishment.

“Fear of corruption laws are faded from the minds of the corrupt public servants. Politicians & bureaucrats nexus give hopes to the corrupt officials to escape from the clutches of law. Corrupt officials are confident of escaping from punishment since implementation of corruption laws in our great nation is undoubtedly weak. More so, the laws in force are inadequate to deal with the wealth accumulated through corrupt practices. The criminals are freely allowed to enjoy accumulated wealth illegally through corruptions,” the judge noted.

Thus, Justice Subramaniam opined that corrupt politicians and corrupt administration was a creation of the public. He added that everyone is responsible for creating a corruption free younger generation and for this people’s participation is of paramount importance.

“Consistent monitoring and stringent actions are warranted to fight against corrupt activities. Participation of citizens in general is of paramount importance. Creation of awareness amongst the youth about the evils of corruption is imminent. The ill effects of corrupt activities to be broadly published. Ultimately everyone is responsible and accountable for creation of younger generations for corruption free mind since youth are the nation builders,” the court said.

Case Title: M Rajendran and Others v The Secretary to Government and Others

Citation: 2023 LiveLaw (Mad) 196

Counsel for Petitioner: Mrs.V.S.Manimekalai For Mr.V.S.Selvaraj

Counsel for Respondents: Mr.P.Kumaresan Additional Advocate General Assisted by Mr.T.Arun Kumar Additional Government Pleader, Mr.H.Manivannan, Mr.V.Sivalingam For M/s. Siva Associates