For ensuring probity in governance, several legislative measures are necessary, some of which are as below:
Some of the above measures are discussed below in detail .
This act was enacted by parliament in 1988. Clause a of section 2 of this act defines benami transaction as below:
Clause a of section 2: A “benami transaction” means any transaction in which property is transferred to one person for a consideration paid or provided by another person.
In other words it means a transaction in which the person in whose name the property is held, on papers, is not the actual owner of that property e.g. a father buying a flat for his child.
(1) All properties held benami shall be subject to acquisition by such authority, in such manner and after following such procedures as may be prescribed.
(2) For the removal of doubts, it is hereby declared that no amount shall be payable for the acquisition of any property under sub section 5(1).
This act prohibits a person from entering into benami transactions & disables any person from claiming, that though the property is held in another’s name, he himself is real owner of that.
A legal framework related to public servants, explicitly stating the conditions for making the public servant responsible for his act of misfeasance is necessary:
There is an absolute necessity to enact a law providing for forfeiture of properties acquired by holders of ‘public office’ (including the offices/posts in the public sector corporations) by indulging in corrupt and illegal acts and deals, in the present state of our country.
The law should place the burden of proving that the attached properties were not acquired with the aid of monies/properties received in the course of corrupt deals upon the holder of that property in case of benami transaction or
One of the measures adopted in several western countries to fight corruption and mal-administration is enactment of Public Interest Disclosure Acts, which are popularly called Whistle-blower Acts.
Objective of such an act should be to:
US has in place Ethics in Government act which demands:
A similar provision could be put in place in India to promote better accountability & curb the problem of corruption.
This is one of the most important requisites for ensuring probity in governance. The criminal judicial system consists of the police/investigating agency, the prosecuting agency, the advocates, witnesses and finally the judiciary.
Access to justice is based upon the principle that people should be able to rely upon the correct application of law & the implementing agencies do their jobs with utmost integrity. However in reality there are some countervailing factors:
What we need today is a transparent mechanism to deal with such a menace & out of the box inventions in the wake of judicial activism. PIL is one of those.