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3) Discuss the debates surrounding section 13(1)(d)(iii) of PoCA, 1988? Examine the amendment to PoCA and discuss the impact that it will have on fight against corruption?(250 words)

Topic– Important aspects of governance, transparency and accountability

3) Discuss the debates surrounding section 13(1)(d)(iii) of PoCA, 1988? Examine the amendment to PoCA and discuss the impact that it will have on fight against corruption?(250 words)

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Why this question

Section 13(1)(d)(iii) of PoCA has been a matter of debate since a long time with several committees such as 2nd ARC expressing its opinion. The spectre of 3C is closely related to this provision of the PoCA. The amendment is thus important and its impact on the fight against corruption needs to be analyzed.

Key demand of the question

The question expects us to explain section 13(1)(d)(iii)  of the Constitution and discuss the debate surrounding mens rea as a result of this section. Explain why there have been calls for amendment and the arguments against it. Discuss the amendments that have taken place and the likely impact.

Directive word

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Examine – When you are asked to examine, you have to probe deeper into the topic,  get into details, and find out the causes or implications if any .

Structure of the answer

Introduction – Explain that amendments have been made to one one the key provisions of PoCA. Explain what PoCA is

Body

  • Discuss what is entailed in Section 13(1)(d)(iii). Examine the view of  2nd ARC that a distinction between collusive and coercive bribing. Give the potential harms such as risk of policy paralysis, unable to respond in a dynamic manner etc. Also bring out the other aspect that is how diluting the provision could have a detrimental effect in the fight against corruption. Highlight views of TSR Subramanian who has repeatedly said that the existing law offers adequate protection to honest officers
  • Discuss the amendments made to aforementioned section and insertion of Section 17A to say that even an inquiry/investigation cannot be carried out without the approval of the government. Discuss the impact it is likely to have on fight against corruption.

Conclusion – Give your view on the amendment and its impact on corruption.

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