India has a number of institutions at the federal and state level with authority to deal with allegations of corruption. Each state in India is responsible for setting up local anti-corruption agencies which have powers to investigate cases of corruption involving public officials at state level. The major federal anti-corruption institutions are as follows:

The Central Bureau of Investigation: The Central Bureau of Investigation (CBI) was set up in 1963 and it functions under the Ministry of Personnel, Pension & Public Grievances, Government of India. CBI is the principal investigating agency in India. It plays an important role in preventing corruption and maintaining integrity in administration. It also provides assistance to the Central Vigilance Commission. CBI investigates cases of corruption, bribery and misconduct of the government employees. The Bureau consists of three divisions: the Anti-Corruption Division, the Special Crimes Division, and the Economic Offences Division. These units have the power to investigate cases of alleged corruption in all branches of the central government, ministries, public sector entities, and the Union Territories. CBI investigates cases relating to infringement of fiscal and economic laws, that is breach of laws concerning export and import controls, customs and central excise, income tax, foreign exchange regulations and so on. CBI is the nodal agency to hit hard at high-level corruption in all government departments and public sector undertakings by registering quality cases of disproportionate assets, traps and abuse of official position and to invigorate, sharpen and strengthen intelligence-gathering all over the country in order to detect quality cases against corrupt officials. CBI has taken various measures to spread awareness about the evil of corruption so that a strong movement is created and sustained to fight corruption in public life, and to strengthen the preventive vigilance measures being taken by various departments and organizations. In 2008, the CBI had launched a successful corruption awareness campaign via text message in collaboration with telecom service providers in Delhi and Mumbai. The CBI has a whistleblower mechanism on its website, where corruption can be reported. However, it is to be noted that CBI does not entertain anonymous complaints. During the past several years, CBI has been working more closely with the U.S. to enforce the FCPA. For example, after a subsidiary of Dow Chemical Co. announced a settlement with the SEC for bribes paid to Indian government officials to get certain chemicals registered, CBI registered a case against six people including a retired senior bureaucrat in the Ministry of Agriculture. The CBI had raided premises in six cities including factories that were making products for DE-Nocil (now renamed as Dow Agro Sciences India Private Ltd.), Indian subsidiary’s office, three consultants, homes of the bribe takers and facilitators. The offenders were booked for "commission of offence of bribery, its abetment, criminal misconduct, falsification of accounts and criminal conspiracy. The investigation in this matter was conducted jointly by CBI and DOJ.

The Central Vigilance Commission: The Central Vigilance Commission (CVC) is an independent watchdog agency established in 1964. CVC has the power to undertake inquiries or investigations of transactions involving certain categories of public servants. The CVC is mandated to deal strictly with public sector corruption at the federal level, as opposed to state level. It is the designated agency to receive complaints for disclosure on any allegation of corruption or misuse of office and is empowered to recommend appropriate action. Superintendence of the CBI vests with the Central Vigilance Commission in so far as it relates to the investigation of offenses alleged to have been committed under the Prevention of Corruption Act, 1988. The CVC has been advocating for India to ratify the UN Convention against Corruption (UNCAC). The CVC also has a whistleblower/complaint mechanism on its website but CVC also does not entertain anonymous/pseudonymous complaints.

 

The State Lokayuktas: The State Lokayukta in India were set up on the pattern of the institution of Ombudsman in Scandinavian countries and the Parliamentary Commissioner for investigation in New Zealand to deal with complaints against government officials. The State Lokayukta statutes are anti-corruption laws enacted by individual States. These acts typically provide for the appointment and functions of a Lokayukta (ombudsman) for the investigation of administrative actions taken by or on behalf of the State Governments in certain cases.

The Lokayukta is appointed by the Governor of the State to investigate allegations that a public servant:

         (i)   has abused his position to obtain any gain or favour to himself or to any other person, or to cause undue harm or hardship to any other person;

        (ii)   was actuated in the discharge of his functions by improper or corrupt motive and thereby caused loss to the State or any member or section of the public; or

       (iii)   is guilty of corruption, or lack of integrity in his capacity as such public servant.

 

The Anti-Corruption Bureau: The Anti-Corruption Bureau in each state is a specialized agency tackling the problem of corruption in various departments of the Government against Public Servants and also Private Persons whoever abets the offences under the Prevention of Corruption Act, 1988. The Bureau registers cases under the provisions of this Act. Besides this, the Bureau conducts enquiries basing on the information/petitions received from various agencies like Government, Vigilance Commission, Lokayukta etc. and also on the information/petitions received by the Bureau from the public containing specific and verifiable allegations of corruption against Public Servants.