New Anti-Corruption rules - Unsure
Prime Minister Narendra Modi has cleared anti-corruption rules that will make it tougher to act against bureaucrats and will also spare top corporate bosses from bribery charges unless their involvement in wrongdoing is proved in court.
Officials say the changes will help in the ease of doing business; honest officials will not be deterred from making policy decisions and will be protected from harassment.
PM Modi has cleared a cabinet note to amend the Prevention of Corruption Act with safeguards.
A rule that stops investigating agencies from prosecuting officials without the government's sanction will be restored.
In 2014, the Supreme Court had held that the rule that requires permission to investigate joint secretary-level officials is invalid and unconstitutional.
The court had held that the law cannot discriminate between public servants on the basis of their rank.
The IAS (Indian Administrative Service) lobby was adamant that the clause that protects officials be brought back.
When the changes are in place, the senior management of corporate houses will be held liable only if their "consent, connivance and complicity" is proved in court.
In the current rules, if a company is held guilty of bribery, then the head of the organisation is taken as guilty.
The Prime Minister has approved the scrapping of the stringent 'undue advantage' clause over fears of misuse.
It was argued by a parliamentary panel that the term "undue advantage" was too wide and allowed misuse by enforcement agencies. more