As quoted by Dr. Abdul Kalam, ‘Corruption is one of the greatest impediments on the way towards progress for developing country like India’. The Prevention of Corruption Act was enacted by the Parliament in 1988 in order to thwart corruption practices in government agencies. Constitutional principles of equality and justice are the guiding forces of the Act. The Act penalises the dishonest pecuniary gratification to public servants other than legal remuneration by any person. The Act covers ‘corrupt’ acts as bribe, misappropriation, obtaining a pecuniary advantage, possessing assets disproportionate to income and like illegal flow of money and kind. According to Section 2 of Prevention of Corruption Act following persons are considered as public servants: I. Any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty II. Any person in the service...
Judicial review has been a part of our democracy in this constitutional government for over 200 years. Under the Indian Constitutional state is under the prime responsibility to ensure justice, freedom, liberty and equality in the country. In order to prevent state from escaping its responsibilities the constitution has granted inherent powers to judiciary to keep a check on the state function. In this content, judiciary is considered as the guardian and protector of Indian Constitution and supervises the implementation of fundamental rights and duties in the country. Article 13 read with Articles 32 and 226 of the Indian Constitution gives the power of judicial review to the higher judiciary to declare any legislative, executive or administrative action as void, if it is in contravention with the constitution. In the case of L. Chandra Kumar V. Union of India it has been held that power of judicial review is a part of basic structure of the Indian Constitution. The emergence of...