India GDI-2020-Assessment FinalEXT 14nov21-1
India GDI-2020-Assessment FinalEXT 14nov21-1
India GDI-2020-Assessment FinalEXT 14nov21-1
GDI 2020
Scores
Bands
(0-100)
Financial Risk D 40
Q24 Asset Disposal Controls E 25
Q25 Asset Disposal Scrutiny A 83
Q26 Secret Spending F 0
Q27 Legislative Access to Information E 25
Q28 Secret Program Auditing F 13
Q29 Off-budget Spending E 17
Q30 Access to Information B 75
Q31 Beneficial Ownership C 50
Q32 Military-Owned Business Scrutiny B 75
Q33 Unauthorised Private Enterprise C 63
Q77 Defence Spending E 19
Personnel Risk B 73
Q34 Public Commitment to Integrity B 75
Q35 Disciplinary Measures for Personnel B 75
Q36 Whistleblowing E 17
Q37 High-risk Positions C 58
Q38 Numbers of Personnel D 42
Q39 Pay Rates and Allowances A 100
Q40 Payment System A 100
Q41 Objective Appointments C 58
Q42 Objective Promotions B 75
Q43 Bribery to Avoid Conscription NA
Q44 Bribery for Preferred Postings A 92
Q45 Chains of Command and Payment A 100
Q46 Miltary Code of Conduct A 94
Q47 Civilian Code of Conduct A 94
Q48 Anticorruption Training B 67
Q49 Corruption Prosecutions C 58
Q50 Facilitation Payments C 58
Operational Risk E 20
Q51 Military Doctrine F 0
Q52 Operational Training C 50
Q53 Forward Planning F 0
Q54 Corruption Monitoring in Operations E 25
Q55 Controls in Contracting E 25
Q56 Private Military Contractors NS
Procurement Risk C 62
Q57 Procurement Legislation C 63
Q58 Procurement Cycle B 67
Q59 Procurement Oversight Mechanisms B 75
Q60 Potential Purchases Disclosed C 50
Q61 Actual Purchases Disclosed E 25
Q62 Business Compliance Standards C 50
Q63 Procurement Requirements C 50
Q64 Competition in Procurement NEI
Q65 Tender Board Controls B 69
Q66 Anti-Collusion Controls C 50
Q67 Contract Award / Delivery C 56
Q68 Complaint Mechanisms B 75
Q69 Supplier Sanctions B 75
Q70 Offset Contracts B 75
Q71 Offset Contract Monitoring B 69
Q72 Offset Competition C 50
Q73 Agents and Intermediaries B 75
Q74 Financing Packages B 75
Q75 Political Pressure in Acquisitions NS
cores Corruption Risk
3A Scope of involvement 50 NS
3B Scope of debate 50 NA
3C Public consultations 0
3D Transparency 50
Q4 CSO Engagement D 33
4A Policy of openness 25
4B CSO protections 50
4C Practice of openness 25
Q5 Conventions: UNCAC / OECD A 88
5A Signatory and Ratification status 100
5B Compliance 75
Q6 Public Debate A 100
6A Public debate 100
6B Government engagement in public discourse 100
Q7 Anticorruption Policy A 88
7A Anti-corruption policy 100
7B Effective implementation 75
Q8 Compliance and Ethics Units C 58
8A Mandate and resources 75
8B Independence 50
8C Effectiveness 50
Q9 Public Trust in Institutions NS
9 Public Trust in Institutions NS
Q10 Risk Assessments E 25
10A Risk assessments 50
10B Regularity 0
10C Inputs to anti-corruption policy 25
Q11 Acquisition Planning B 75
11A Acquisition planning process 75
11B Transparency 75
11C External oversight 75
Q12 Budget Transparency & Detail B 75
12A Comprehensiveness 50
12B Timeliness 100
Q13 Budget Scrutiny B 75
13A Formal rights 100
13B Influence on decision-making 50
Q14 Budget Availability C 58
14A Proactive publication 50
14B Comprehensiveness 50
14C Response to information requests 75
Q15 Defence Income C 50
15A Transparency 25
15B Institutional scrutiny 75
15C Public scrutiny 50
Q16 Internal Audit C 50
16A Activity 50
16B Enabling oversight 50
16C External scrutiny 50
16D Institutional outcomes 50
Q17 External Audit B 75
17A Activity 100
17B Independence 100
17C Transparency 50
17D Institutional outcomes 50
Q18 Natural Resources C 58
18A Legal framework 0
18B Defence institutions: Financial or controlling interests in practice 100
18C Individual defence personnel: Financial or controlling interests in practice 75
18D Transparency NA
18E Scrutiny NA
Q19 Organised Crime Links D 38
19A Penetration of organised crime 75
19B Government response 0
Q20 Organised Crime Policing C 58
20A Existence of policing function 75
20B Independence 50
20C Effectiveness 50
Q21 Intelligence Services Oversight F 0
21A Independence 0
21B Effectiveness NA
Q22 Intelligence Services Recruitment E 25
22A Objective selection criteria 0
22B Selection bias 25
22C Vetting process 50
Q23 Export Controls (ATT) F 0
23A Signatory and Ratification 0
23B Compliance NA
23C Parliamentary scrutiny 0
Q76 Lobbying F 0
76A Legal framework 0
76B Disclosure: Public officials NA
76C Lobbyist registration system NA
76D Oversight & enforcement NA
Financial Risk D 40
Q24 Asset Disposal Controls E 25
24A Controls 50
24B Transparency of disposal process 0
24C Transparency of financial results of disposals 25
Q25 Asset Disposal Scrutiny A 83
25A Scrutiny 100
25B Independence 100
25C Transparency 50
Q26 Secret Spending F 0
26 Secret Spending 0
Q27 Legislative Access to Information E 25
27 Legislative Access to Information 25
Q28 Secret Program Auditing F 13
28A Comprehensiveness 25
28B Parliamentary scrutiny 0
Q29 Off-budget Spending E 17
29A Permitted exceptions 0
29B Recording mechanisms 0
29C Prevalence 50
Q30 Access to Information B 75
30A Legal framework 75
30B Classification of information NS
30C Effectiveness 75
Q31 Beneficial Ownership C 50
31A Extent of commercial ventures 25
31B Transparency 75
Q32 Military-Owned Business Scrutiny B 75
32A Independent scrutiny 100
32B Transparency 50
Q33 Unauthorised Private Enterprise C 63
33A Prohibition 50
33B Prevalence 75
Q77 Defence Spending E 19
77A Proactive publication 25
77B Comprehensiveness 50
77C Timeliness 0
77D Comparison against budget 0
Personnel Risk B 73
Q34 Public Commitment to Integrity B 75
34A Chiefs/Ministers: Internal communications 75
34B Chiefs/Ministers: Public commitment 75
34C Unit commanders and leaders 75
Q35 Disciplinary Measures for Personnel B 75
35A Sanctions 75
35B Enforcement 75
Q36 Whistleblowing E 17
36A Legal provisions 25
36B Prioritisation 25
36C Effectiveness 0
Q37 High-risk Positions C 58
37A Coverage of sensitive (higher-risk) positions 50
37B Selection process 50
37C Oversight 75
Q38 Numbers of Personnel D 42
38A Accuracy 50
38B Transparency 25
38C Ghost soldiers 50
Q39 Pay Rates and Allowances A 100
39A Pay rates 100
39B Allowances 100
Q40 Payment System A 100
40A Timeliness 100
40B Accuracy 100
40C Transparency 100
Q41 Objective Appointments C 58
41A Formal process 100
41B Scrutiny 25
41C Transparency 50
Q42 Objective Promotions B 75
42A Formal process 50
42B Exceptions 50
42C Comprehensiveness 100
42D Frequency 100
Q43 Bribery to Avoid Conscription NA
43A Policy NA
43B Sanctions NA
43C Enforcement NA
Q44 Bribery for Preferred Postings A 92
44A Policy 100
44B Sanctions 100
44C Enforcement 75
Q45 Chains of Command and Payment A 100
45 Chains of Command and Payment 100
Q46 Miltary Code of Conduct A 94
46A Code of conduct 75
46B Transparency 100
46C Enforcement 100
46D Training 100
Q47 Civilian Code of Conduct A 94
47A Code of conduct 75
47B Transparency 100
47C Enforcement 100
47D Training 100
Q48 Anticorruption Training B 67
48A Comprehensiveness 50
48B Regularity 75
48C Coverage of personnel 75
Q49 Corruption Prosecutions C 58
49A Policy 50
49B Transparency 50
49C Effectiveness 75
Q50 Facilitation Payments C 58
50A Legal framework 100
50B Enforcement 50
50C Prevalence 25
Operational Risk E 20
Q51 Military Doctrine F 0
51A Military doctrine 0
51B Transparency NA
Q52 Operational Training C 50
52 Operational Training 50
Q53 Forward Planning F 0
53A Forward planning 0
53B Application 0
Q54 Corruption Monitoring in Operations E 25
54A Corruption monitoring 25
54B M&E policy 25
54C Transparency 25
Q55 Controls in Contracting E 25
55A Comprehensiveness 0
55B Training 50
Q56 Private Military Contractors NS
56A Policies NS
56B Scrutiny NS
56C Enforcement NS
Procurement Risk C 62
Q57 Procurement Legislation C 63
57A Legal framework NS
57B Corruption risks 50
57C Effectiveness 75
Q58 Procurement Cycle B 67
58A Formal procedures 100
58B Transparency 75
58C Implementation 25
Q59 Procurement Oversight Mechanisms B 75
59A Independence 100
59B Effectiveness 50
59C Transparency 75
Q60 Potential Purchases Disclosed C 50
60A Policies 75
60B Notice of planned purchases 25
Q61 Actual Purchases Disclosed E 25
61A Comprehensiveness 50
61B Accessible data 0
Q62 Business Compliance Standards C 50
62A Formal policies 50
62B Consistent implementation 50
Q63 Procurement Requirements C 50
63A Procurement requirements 0
63B Scrutiny 75
63C Purchases 75
Q64 Competition in Procurement NEI
64A Open competition NEI
64B Scrutiny of single/restricted competition procedures 50
Q65 Tender Board Controls B 69
65A Conflicts of interest 75
65B Audit Trail 50
65C Transparency 100
65D Scrutiny 50
Q66 Anti-Collusion Controls C 50
66A Legal framework 50
66B Sanctions 50
66C Enforcement NA
66D Training 50
Q67 Contract Award / Delivery C 56
67A Reporting policies & procedures 100
67B Transparency 25
67C Monitoring 50
67D Enforcement 50
Q68 Complaint Mechanisms B 75
68A Complaints mechanisms 100
68B Effectiveness and Accessibility 50
68C Retaliation 75
Q69 Supplier Sanctions B 75
69A Sanctions 50
69B Undue influence 75
69C Application of sanctions 100
Q70 Offset Contracts B 75
70A Legal framework 50
70B Due diligence 100
Q71 Offset Contract Monitoring B 69
71A Policies & procedures 100
71B Transparency 25
71C Monitoring 50
71D Enforcement 100
Q72 Offset Competition C 50
72 50
Q73 Agents and Intermediaries B 75
73A Policies 75
73B Enforcement 75
Q74 Financing Packages B 75
74 75
Q75 Political Pressure in Acquisitions NS
75A Prevalence: selling nations NS
75B Justification NS
75C Prevalence: domestic pressures NS
Range of Scores Corruption Risk
Besides the above, India does not appear to have a well-defined defence 4. IISS, December 2015, “Strategic Comments: India’s new
policy or a unified national security strategy that is publicly available. Instead, maritime strategy”, accessed January 10th, 2019
there are some individual documents pertaining to a particular aspect of https://www.iiss.org/publications/strategic-comments/2015/
security such as the 2015 Indian Maritime Security Strategy publication [3][4]. indianavy
Historically, the lack of strategic culture can find its roots in Indian political 5. Stephen P. Cohen & Sunil Dasgupta, 29 September 2010,
leaderships’ discomfort with the military as an institution for fear of it gaining “The Drag on India’s Military Growth”, Brookings Institution,
too much power. As a result, India has struggled to truly articulate its core accessed 10 January 2019
This indicator refers to public strategic and defence vision beyond defence indigenisation [5]. https://www.brookings.edu/research/the-drag-on-indias-
debate that falls outside of any military-growth/
The defence policy or security formal consultation process. It is The current Ministry of Defence (MoD) website makes no mention of a
strategy is debated by the The defence policy or security a reflection of the extent of defence policy but does have a defence production policy which is available 6. Ministry of Defence India, 1 January 2011, “Defence
Individuals within the executive or
The defence policy or security strategy executive, legislature, and the strategy is debated by the public discussion and dialogue to view and download [6]. The closest semblance to a defence policy in Production Policy”, accessed January 10th, 2019
legislature speak about the The defence policy or security
Scope of is debated by the executive, legislature, public. Public debate involves the executive, legislature, and the that arises between media, civil recent times is the 2017 Joint Armed Forces Doctrine [7]. According to a https://mod.gov.in/sites/default/files/DPP-POL.pdf
3A
involvement and the public. Public debate involves media (interviews, op-eds, public, but not consistently. There
defence policy or security strategy, strategy has not been debated at
but there is little active debate or all in the last year.
society, policymakers, and 50 statement by the Ministry of Defence, “The Joint Doctrine Indian Armed
the media (interviews, op-eds, articles). articles). However, debate is is no in-depth dialogue with the policy leadership, and may Forces will serve as a cornerstone document for application of Military Power 7. Press Information Bureau Government Of India, 25 April
discussion.
inconsistent and not sustained media or civil society actors. occur through a variety of in a synergized manner leading to enhanced efficiency, optimum utilization of 2017, “Admiral Sunil Lanba, PVSM, AVSM, ADC, Chairman
over time. venues: newspapers, television, resources and financial savings. It will also establish a broad framework of COSC & CNS Releases Joint Doctrine Indian Armed Forces –
radio, online platforms, journals, concepts and principles to understand our approach to Joint Planning and 2017”, accessed 10 January 2019
offiicial statements, etc. conduct of operations across all the domains of conflict i.e. land, air, sea, http://pib.nic.in/PressReleaseIframePage.aspx?
space and cyber-space. In addition, the Doctrine will also serve as a PRID=1488591
reference document for all the three Services to plan integrated operations.”
The Doctrine mentions a National Security Strategy and outlines it in a 8. Headquarters Integrated Defence Staff, April 2017, "Joint
paragraph [8]. According to the Doctrine, “Direction in the Civil-Military Doctrine Indian Armed Forces", accessed 10 January 2019
Relationship in any democracy is strictly the right of the political leadership http://bharatshakti.in/wp-content/uploads/2015/09/
and not bureaucracy.” The Doctrine recognises the need to strengthen civil- Joint_Doctrine_Indian_Armed_Forces.pdf
military relations.
9. Ministry of External Affairs, 11 August 2017, “SIXTEENTH
There is some active debate by the Executive through a number of forums REPORT COMMITTEE ON EXTERNAL AFFAIRS(2016-17)
Cabinet Committee on Security (CCS), Strategic Policy Group (SPG), (SIXTEENTH LOK SABHA), MINISTRY OF EXTERNAL
National Security Council (NSC) and Monday Morning Meeting of Defence AFFAIRS INDO-PAK RELATIONS”, accessed 8 August 2019
Minister. The legislature has number of Committees that including Standing http://164.100.47.193/lsscommittee/External%20Affairs/
Committee on Defence (SCoD) and External Affairs. The Commitee on 16_External_Affairs_16.pdf
External Affairs, for example, submitted a comprehensive reports on India-
Pakistan relations and Doklam conflict with China [9][10]. 10. Ministry of External Affairs, 4 September 2018, “TWENTY
SECOND REPORT COMMITTEE ON EXTERNAL AFFAIRS
(2017-18) (SIXTEENTH LOK SABHA) MINISTRY OF
The government engages in 5. India Today, 5 October 2016, “BJP, Opposition Debate Over
The government engages in regular The government engages in regular discussion with the public about defence
discussion with the public about Evidence Of Indian Armys Surgical Strikes”, accessed 8
debate with academia, opinion-formers, The government engages in There is no government issues through media briefings, public forums, in-studio live television
defence issues through open Where communication does occur, February 2019
Government and CSOs about defence issues in regular discussion with the public engagement in public discourse interviews on multiple television channels and televised panel discussions [1]
forums, an active website, or at it is likely to be one-way: officials https://youtu.be/IASH5f5HcZ0
6B engagement in collaborative ways. The government co-
public discourse organises discussions with independent
about defence issues through
open forums, an active website, or
media briefings. However this may provide some information but
about defence issues or official
communications contain no
100 [2][3][4][5][6][7][8]. Citizens can watch live proceedings on Parliament’s Lok
Sabha television channel. Lok Sabha TV airs ‘Saksham Bharat’ a half an
does not happen regularly, or may may not answer public questions. 6. NewsX, 4 April 2019, “Agusta Westland Scam: BJP MP
think tanks or civil society organisations, at media briefings. meaningful information. hour weekly discussion programme with defence experts on India's
exclude very important issues that Subramanian Swamy Reacts on Agusta Congress Notes”,
or through joint media briefings. preparedness, challenges, missions and achievements [9][10].
the government chooses to avoid. accessed 8 August 2019
https://youtu.be/r5PPU9leFXw
There are no defence and security specific institutions within defence tasked 3. Neeraj Chauhan, 18 December 2018, “CBI files case
with countering corruption and building integrity. There are however, bodies against two Army officers”, The Times of India, accessed 2
whose remit covers these areas. February 2019
https://timesofindia.indiatimes.com/india/cbi-files-case-against-
The Ministry of Defence (MoD) has a Vigilance Division looking after matters two-army-officers/articleshow/67148491.cms
Note 1: These institutions could pertaining to the Service HQs/ Inter Service Organisations under Department
also be internal and/or external of Defence, Department of Defence Research & Development and 4. CBI, 26 May 2015, “CBI ARRESTS TWO OFFICIALS OF
audit units, or anti-corruption Department of Ex-Servicemen Welfare with respect to corrupt practices, PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
agencies if their mandate irregularities and vigilance cases [1]. (PCDA), WESTERN COMMAND IN A BRIBERY CASE OF
extends to defence institutions. RS.20,000/-“, accessed 15 May 2019
There are identifiable compliance The MoD liaises with the Central Vigilance Commission (CVC) and the http://cbi.gov.in/pressreleases/pr_2015-05-26-1.php
Compliance and ethics units in the
There are identifiable compliance and and ethics units within defence Note 2: Wherever the Central Bureau of Investigation (CBI). The latter is the primary agency
defence sector are in place. But There is no evidence of such
ethics units within defence and security and security that are mandated to There are no compliance or ethics institutions are located, they investigating corruption. Since 1987, it has an Anti-Corruption Division. Over 5. Lok Sabha, “PUBLIC ACCOUNTS COMMITTEE”, accessed
Mandate and there are extensive weaknesses in units, but there is evidence that
8A
resources
that are mandated to handle integrity
and corruption in defence, and they are
handle integrity and corruption in
defence, but there are some
both staffing and funding, and the country is making proactive
units in place and no effort to
establish them.
need to have mandate to
engage with defence institutions
75 the years, the CBI has arrested and chargesheeted individuals carrying out 9 January 2019
corruptive practices [2][3][4]. http://loksabhaph.nic.in/Committee/
expertise or their mandate is efforts to establish them.
suitably staffed and funded. weaknesses either in staffing and actually use that mandate. CommitteeInformation.aspx?comm_code=26&tab=0
unclear.
and funding, or expertise. So if there is a unit in another As alluded to in Q.1, the MoD’s expenditure is scrutinised by Comptroller and
department, we'd be looking for Auditor General (CAG) and Public Accounts Committee (PAC) [5]. In the 6. Ministry of Defence Government of India, “Procurement
evidence that they have a area of procurement, the Technical Oversight Committee (TOC) certifies if Manual 2016 Defence R & D Organisation (DRDO)”, accessed
mandate to engage defence high-value procurement has been undertaken in accordance with prescribed 9 May 2019
institutions and have exercised procedures [6]. The MoD has a system of appointing Independent Monitors https://www.drdo.gov.in/sites/default/files/procurement-
that mandate. (IM), whose role is to ensure that there is transparency in business dealings manuals-document/procurement-manual-2016.pdf
[7].
7. Ministry of Defence Government of India, Acquisition Wing,
As alluded to in Q.7, the MoD has approved the establishment of a new 14 July 2017, “Appointment of Independent Monitors (IMs) in
Vigilance Investigation Unit in the Army, entrusted with conducting the Ministry of Defence”, accessed 8 August 2019
independent investigations into corruption [8]. https://mod.gov.in/sites/default/files/appointims.pdf
Risk assessment findings may be 2. Press Information Bureau Government of India, “Zero
Risk assessment findings are used to If risk assessments are not
used to develop an anti-corruption Risk assessment findings are not As mentioned above, there is no evidence of regular corruption risk Tolerance Policy”, 29 March 2017, accessed 17 May 2019
Inputs to anti- develop and regularly update the anti- conducted, this sub-indicator
10C
corruption policy corruption policy and institutional action
policy or action plan, but they are
not used to regularly update either
used to inform anti-corruption
policy or practice.
should be marked Not 25 assessments but there is evidence of identification of corruption risks that
affect policy [1][2][3].
http://pib.nic.in/newsite/PrintRelease.aspx?relid=160118
plans. Applicable.
policy or practice. 3. Controller General of Defence Accounts, Ministry of
Defence, Govt. of India, May 2016, "Policy Paper On New
Functional Paradigm For Internal Audit in DAD", accessed 7
August 2019 http://cgda.nic.in/audit/new_paradigm010616.pdf
1. Vinod Misra, 2015, “CORE CONCERNS IN INDIAN
DEFENCE AND THE IMPERATIVES FOR REFORMS”, IDSA,
pg. 144, accessed 12 May 2019
https://idsa.in/system/files/book/
Book_CoreConcernsinIndianDefence.pdf
No stand-alone comprehensive defence budget document exists in the public 5. Union Budget, “Notes on Demands for Grants, 2019-2020”,
The defence budget contains
domain. A series of detailed documents in PDF and Excel format can be accessed August 9th, 2019
comprehensive and disaggregated
viewed and downloaded respectively on the Ministry of Finance’s Union https://www.indiabudget.gov.in/doc/eb/sbe19.pdf
information on expenditure across The defence budget contains
The defence budget may be Budget website pertaining to revenue, outlays and pensions [1][2][3][4]. The
functions. Information includes comprehensive information on A topline figure is published for the
Q12. Is the completely missing areas listed in Ministry of Defence (MoD) budget is further explained in two documents: 6. Ministry of Defence Government of India, 2017, “Annual
Comprehensive personnel (salaries, allowances), expenditure across functions, but defence budget, but it is not There is no information available
defence 12A
ness military R&D, training, construction, information on some functions
score 4, or information that is
provided is highly aggregated or
broken down into functions or about the budget. 50 Detailed Demands for Grants and Defence Services Estimates [5]. An
overview of service/department-wise break up of defence
Report 2016-17”, pg. 12, accessed 2 February 2019
https://mod.gov.in/sites/default/files/AnnualReport1617.pdf
budget procurement/acquisitions, maintenance listed in score 4 may be not be areas.
transparent, vague for most functions. expenditure/estimates and allocations can be found in MoD’s Annual Reports
of equipment, disposal of assets, and available in disaggregated form.
showing key and on its website [6][7]. Further information can be found in reports from the 7. Ministry of Defence Government of India, “Budget and
administrative expenses (Ministry of
items of Standing Committee on Defence [8]. Reports from media outlets provide at Accounts”, accessed 9 August 2019
Defence or other services).
expenditure? times, detailed particulars [9][10]. https://mod.gov.in/dod/budget-and-accounts
And it is
provided to 8. Ministry of Defence Government of India, 7 January 2019,
the "STANDING COMMITTEE ON DEFENCE (2018-19)
legislature in (SIXTEENTH LOK SABHA) FORTY-NINTH REPORT",
a timely accessed 2 February 2019
fashion? http://164.100.47.193/lsscommittee/Defence/
16_Defence_49.pdf
The legislature either receives no The legislature receives an accurate defence budget proposal in a timely 2. Laxman Kumar Behera, 4 February 2019, “Interim Defence
The legislature receives an accurate The legislature receives an
information, or it receives manner ahead of the start of the budget year. There is no evidence to Budget 2019-20”, IDSA, accessed 9 August 2019
defence budget proposal between 2-4 accurate defence budget proposal
12B Timeliness
months before the start of the budget less than two months before the
misleading or inaccurate
information on proposed defence
100 suggest otherwise [1]. From 2017-18, the budget presentation is advanced by
a month to February 1st. The budget is passed before the financial year
https://idsa.in/issuebrief/interim-defence-budget-2019-20-
lkbehera-040219
year. start of the budget year.
expenditures. starts on April 1st [2][3].
3. Union Budget, “Notes on Demands for Grants, 2019-2020”,
accessed August 9th, 2019
https://www.indiabudget.gov.in/doc/eb/sbe19.pdf
1. Parliament of India Lok Sabha, “STANDING COMMITTEE
ON DEFENCE; Committee Information”, accessed 2 February
2019
http://164.100.47.194/Loksabha/Committee/
CommitteeInformation.aspx?comm_code=7&tab=1
The Standing Committee on Defence is responsible for defence budget 2. Ministry of Defence Government of India, “STANDING
scrutiny and analysis. It considers the Demands for Grants of the Ministry of COMMITTEE ON DEFENCE
Defence (MoD) and makes reports on the same to the Houses. After the (2017-2018) (SIXTEENTH LOK SABHA) FORTY SECOND
There is a defence committee with
general discussion on the budget in the House is over, the Lok Sabha is REPORT”, accessed 2 February 2019
extensive formal rights of scrutiny of the
There is a defence committee with adjourned for a fixed period. The Committee considers the Demands for http://164.100.47.193/lsscommittee/Defence/
defence budget. The committee has the No such legislative committee
formal rights of scrutiny of the Grants of the Ministry of Defence under its jurisdiction during this period and 16_Defence_42.pdf
13A Formal rights power to scrutinise any aspect of budget
and expenditures. The committee is in a
defence budget, but lacks some of
exists, or it lacks any formal
powers over the defence budget.
100 presents/lays reports. The Committee may appoint Sub-Committees and
the powers listed in score 4. study groups from amongst the members of the Committee to make detailed 3. Parliament of India Lok Sabha, “STANDING COMMITTEE
position to require expert witnesses to
studies/examinations of the subjects selected by it and scrutinise the actions ON DEFENCE; Committee Information”, accessed 2 February
appear in front of it.
taken by the government on the Observations/Recommendations contained 2019
in the original Reports [1]. The Committee is in a position to call expert http://164.100.47.194/Loksabha/Committee/
witnesses in front of it [2][3][4]. CommitteeInformation.aspx?comm_code=7&tab=1
Q14. Is the
approved
defence
budget made
publicly
available? In
practice, can
citizens, civil
society, and
the media
obtain
detailed
information
on the
defence
budget?
1. Union Budget, “Ministry of Defence (Misc.)”, accessed 2
February 2019
https://www.indiabudget.gov.in/ub2019-20/eb/sbe19.pdf
Under the Right To Information Act, 2005, citizens can request and obtain
government information [1]. Under Chapter II, Section 4 (b)(xi): 1. Right to Information Website, “About RTI Portal”, accessed
“(xi) the budget allocated to each of its agency, indicating the particulars of all 2 February 2019
plans, proposed expenditures and reports on disbursements made” [2]. https://rti.gov.in/aboutrti.asp
The disposal of the request has to be in a timely manner. Under Chapter II, 2. Right To Information Act, 2005, accessed 2 February 2019
Section7: https://rti.gov.in/rti-act.pdf
“7. Disposal of request.—(/) Subject to the proviso to sub-section (2) of
Information requested by citizens, Information requested by citizens, Information requested by citizens, There is a serious and systematic
section 5 or the proviso to sub-section (3) of section 6, the Central Public 3. Right To Information Act, 2005, accessed 2 February 2019
media, and civil society about the media, and civil society about the media, and civil society about the failure to release information. This
Information Officer or State Public Information Officer, as the case may be, https://rti.gov.in/rti-act.pdf
defence budget is provided in a timely defence budget is provided, but defence budget is provided, but may be in specific areas
Response to It is extremely difficult or on receipt of a request under section 6 shall, as expeditiously as possible,
fashion, without systematic and there may be unjustifiable delays. there may be occasional delays or accessibility to requested
14C information
requests
unjustifiable delays. There are few There are few instances where without obvious justification. There information may vary according to
impossible to obtain any detail on
the budget.
75 and in any case within thirty days of the receipt of the request. either provide
the information on payment of such fee as may be prescribed or reject the
4. The New Indian Express, 6 January 2019, “MHA rejected
highest proportion of RTI requests, Finance Ministry second in
instances where information is unduly information is unduly refused or may also be a pattern of unduly the identity of the individual or
request for any of the reasons specified in sections 8 and 9: list”, accessed 2 February 2019
refused or redacted for national security redacted for national security refusing or redacting information organisation requesting
Provided that where the information sought for concerns the life or liberty of a http://www.newindianexpress.com/nation/2019/jan/06/mha-
reasons. reasons. for national security reasons. information.
person, the same shall be provided within forty-eight hours of the receipt of rejected-highest-proportion-of-rti-requests-1921133.html
the request” [3].
5. Central Information Commission, “Annual Report 2017-18”,
According to a recent 2019 report, the MoD has one of the lowest RTI accessed 2 February 2019
rejection rates [4]. The 2017-2018 report of the Chief Information https://cic.gov.in/sites/default/files/Reports/AR-
Commission (CIC) stated that the MoD received 80,233 RT applications but 2018%20English%20%2802-01-2019%29%20-%20final.pdf
rejected only 4,043 requests seeking disclosure of information [5].
Q15. Are
sources of
defence
income other
than from
central
government
allocation
(from
equipment
sales or
property
disposal, for
example)
published
and
scrutinised?
Q15. Are
sources of 1. Comptroller General of Defence Accounts, “Internal Audit”,
defence accessed 15 May 2019
income other http://cgda.nic.in/index.php?page=ia
than from
central 2. Ministry of Defence Government of India, “Finance
government Division”, accessed 15 May 2019
allocation Mechanisms of scrutiny are in As stated above, there is no official information on non-central government https://mod.gov.in/dod/finance-division
(from place and administered involving a Mechanisms of scrutiny are in defence income particulars. Internal audits are carried out by the Comptroller
equipment Mechanisms of scrutiny are in place and central government department place and administered by the Any institutional scrutiny that is General of Defence Accounts (CGDA) and the Secretary (Defence 3. CAG, “CHAPTER II : MINISTRY OF DEFENCE”, 2013,
sales or administered by a central government such as the supreme audit internal audit office within the conducted on non-central There is no institutional scrutiny of Finance)/Financial Adviser (Defence Services) [1][2]. There is scrutiny by accessed 15 May 2019
Institutional
property 15B
scrutiny
department, i.e., supreme audit institution. However, the internal
institution, and the internal audit office audit office within the defence
defence ministry. However, the
supreme audit institution does not
government sources of funding
suffers from political influence so
non-central government sources
of funding.
75 CAG and PAC and in 2013, audit reports stated that the MoD has in a few
instances over time misused land and earmarked “Inordinate delay in
https://cag.gov.in/uploads/download_audit_report/2013/
Union_Compliance_Defence_Army_and_Ordnance_Factories
disposal, for
example) within the defence ministry. ministry may either fail to conduct scrutiny of non-central as to be unreliable. renewal of leases of Defence land resulting in non-realisation of revenue”, _30_2013_Chap_2.pdf
published scrutinise funding, or may not be government funding. “unauthorized occupation of Defence land by other departments” and “non-
and allowed to release findings. recovery of service charges from Railways”[3][4]. 4. Kartikeya Sharma, 17 October 2013, “Defence land not
scrutinised? being managed properly, unauthorised use for golf and other
activities”, accessed 15 May 2019
https://www.indiatoday.in/featured/story/ministry-of-defence-
defence-estate-management-army-indian-army-golf-214559-
2013-10-17
There is no evidence to suggest staff expertise is not appropriate. Staff 7. Report of the Comptroller and Auditor General of India on
turnover figures are not available. It is unclear if the internal audit units have Working of Canteen Stores Department, Union Government
the flexibility to build their own work programme for the year. Audit is guided (Defence Services - Army) Report No. 38 of 2016
by principles laid down in the Defence Audit Code, instructions in Local Audit (Performance Audit),
Manuals of each branch, with instructions periodically reviewed with https://cag.gov.in/webroot/uploads/download_audit_report/
reference to risk assessment and mitigation of the risks in the prescribed 2017/
procedures [5]. Under the New Functional Paradigm for Internal Audit in the Report_38_of_2016_Union_Government_Defence_PA.pdf
Defence Accounts Department (DAD) introduced in 2016, each organisation
is to have an "internal audit and risk management" framework [6]. 8. The Economic Times, 11 July 2018, "CAG slams Defence
Ministry over poor execution of health scheme for ex-
Q16. Is there There has been some criticism that internal audit has at times been weak. servicemen", accessed 9 August 2019
an effective This was evident in the Ex-Servicemen Contributory Health Scheme where 1. Comptroller General of Defence Accounts, “Mandate and
https://economictimes.indiatimes.com/news/defence/cag-
internal audit there were discrepancies in the internal audit of medical bills [7][8]. Charter of Audit”, accessed May 15th, 2019
slams-defence-ministry-over-poor-execution-of-health-
process for http://cgda.nic.in/index.php?page=mandate
scheme-for-ex-servicemen/articleshow/50286292.cms?
defence from=mdr
ministry 2. Rahul Tripathi, “Defence accounts scam: 6 officials removed
expenditure in Jabalpur” The Times of India, July 29th, 2010, accessed
(that is, for May 15th, 2019
example, https://timesofindia.indiatimes.com/india/Defence-accounts-
transparent, scam-6-officials-removed-in-Jabalpur/articleshow/
Internal audit processes are comprehensive and according to procedures, full
conducted by Oversight occurs for sensitive or critical Oversight occurs for sensitive or There may be no oversight for 6234222.cms
There is no oversight for sensitive This refers to parliamentary reports should be available to oversight bodies such as the Standing
appropriately issues. Enabling oversight bodies (e.g. critical issues. Enabling oversight sensitive or critical issues or There is no enabling oversight of
or critical issues and enabling oversight committees only. If Committee on Defence and CAG [1]. There is evidence of external scrutiny
skilled parliamentary committees) are provided bodies (e.g. parliamentary enabling oversight bodies (e.g. the internal audit function of 3. “Chandigarh: CBI nabs two defence accounts officers for
Enabling oversight bodies (e.g. there is no internal audit of by the likes of CAG and at times the CBI. In 2010, the CBI had started a
individuals, 16B
oversight
with non-redacted reports, which allow
them to be effective in their oversight
committees) are provided with
reports that may contain some
parliamentary committees) are
provided with reports that contain
parliamentary committees) are
defence ministry expenditure, or
there is no form of report provided
defence ministry expenditure, 50 crackdown on the CGDA office and arrested defence accounts officials on
corruption”, Hindustan Times, May 26th, 2015, accessed May
15th, 2019
and subject
provided with reports in summary this sub-indicator should be charges of bribery and loss to the exchequer on a few separate occasions [2]
to role. gaps/redactions, or they are in gaps/ redactions, or they are in to the oversight committee. https://www.hindustantimes.com/chandigarh/chandigarh-cbi-
form only. marked Not Applicable. [3][4]. One cannot ascertain the extent of inclusion of sensitive issues as
parliamentary summary form only. summary form only. nabs-two-defence-accounts-officers-for-corruption/story-
internal audit reports are not publicly available to peruse.
oversight)? eSPgnH3meZFErWFA5DFgDP.html
1.
4. Controller General of TWO
CBI, “CBI ARRESTS Defence Accounts,OF
OFFICIALS “Mandate and
PRINCIPAL
Internal audit reports are Charter of Audit”,OF
CONTROLLER accessed
DEFENCE15 May 2019
ACCOUNTS (PCDA),
Internal audit reports are rarely
Internal audit reports are proactively proactively released to legitimate Internal audit reports are http://cgda.nic.in/index.php?page=mandate
WESTERN COMMAND IN A BRIBERY CASE OF
released to legitimate external
released to legitimate external audit external audit bodies (e.g. anti- sometimes released to legitimate If there is no internal audit of As alluded to above, there is evidence of external scrutiny by CAG and the RS.20,000/-“, May 26th, 2015, accessed May 15th, 2019
audit bodies. When they are it is in There is no external scrutiny of the
External bodies (e.g. anti-corruption corruption organisation). The external audit bodies and the defence ministry expenditure, CBI [1][2]. External audit and oversight agencies can examine the internal 2. CBI, 26 May 2015, “CBI ARRESTS TWO OFFICIALS OF
16C
scrutiny organisations). The internal audit internal audit process is subject to internal audit process is subject to
summary form only, and the
internal audit process is rarely
internal audit function of defence
ministry expenditure.
this sub-indicator should be 50 audit reports. It is not clear if internal audit reports are available to external
http://cbi.gov.in/pressreleases/pr_2015-05-26-1.php
PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
process is subject to regular and in in depth but not necessarily sporadic or superficial reviews by marked Not Applicable. anti-corruption organisations. Given the secrecy of the MoD, it is unlikely. (PCDA), WESTERN COMMAND IN A BRIBERY CASE OF
subject to reviews by external
depth reviews by external audit bodies. regular reviews by external external auditors. RS.20,000/-“, accessed 15 May 2019
auditors.
auditors. http://cbi.gov.in/pressreleases/pr_2015-05-26-1.php
parliamentary
oversight)?
Q17. Is there
effective and
transparent
external
auditing of
military
defence
expenditure?
1. CAG, 28 July 2017,“Report No.26 of 2017 - Performance
audit Union Government Disbursement of Defence Pension
Reports of Defence Services”, accessed 19 February 2019
https://cag.gov.in/uploads/download_audit_report/2017/
Report_No.26_of_2017_-
_Performance_audit_Union_Government_Disbursement_of_D
efence_Pension_Reports_of_Defence_Services.pdf
As previously observed, CAG has not released any Defence and National 3. CAG, “Report of the Comptroller and Auditor General of
Security reports online since the beginning of 2018 though some of its India for the year ended March 2015: Union Government
If there is no external audit of findings are cited in the media. On the basis of the information available, (Defence Services) Navy and Coast Guard Report No. 17 of
The ministry sometimes The ministry fails to address audit
Institutional The ministry regularly addresses audit defence ministry expenditure, scrutinising CAG reports before and during the time period between 2016 2016, pg.11, accessed 9 August 2019
17D
outcomes findings in its practices.
addresses audit findings in its
practices, but not regularly.
findings in its practices, or only
incorporates minor changes.
this sub-indicator should be 50 and 2018- it is noted that there are outstanding Action Taken Notes (ATN) https://cag.gov.in/uploads/download_audit_report/2016/
marked Not Applicable. where responses to Audit Paragraphs/Reports on ATNs by the government Union_Defence_Services_Navy_and_Coast_Guard_Report_N
are pending as of 2018. Some seem to be legacy issues, with responses o_17_of_2016.pdf
pending for 10 years [2]. In the 2016 report on Indian Navy and Indian
Coastguard, Audit Paragraphs/ Reports on which ATNs were not submitted 4. CAG, “Report of the Comptroller and Auditor General of
by the Ministry even for the first time was 3. In the 2017 report, Audit India
Paragraphs/ Reports on which ATNs were not submitted by the Ministry even for the year ended March 2016: Union Government (Defence
for the first time was 1. Audit Paragraphs/ Reports on which revised ATNs Services)
were awaited was 36. In the previous year it was 27 [3][4]. Though 2018 and Navy and Coast Guard Report No. 20 of 2017, pg.11,
2019 CAG reports are not publicly available online, the 2018-19 MoD report accessed 9 August 2019
states that as of 2019, only 1 ATN is awaiting submission suggesting that the https://cag.gov.in/uploads/download_audit_report/2017/
current government has dealt with the backlog and responses have been Report_No.20_of_2017_Compliance_audit_Union_Governme
given [5]. nt_Defence_Services_Navy_and_Coast_Guard.pdf
Q18. Is there
evidence that
the country’s
defence
institutions
have
controlling or
financial
interests in
businesses
associated
1. Arup Roychoudhury, Mayank Bhardwaj, Ross Colvin &
Robert Birsel “Indian navy prepared to deploy to South China
Sea”, Reuters, December 3rd, 2012, accessed 14 May 2019
https://in.reuters.com/article/south-china-sea-india-navy-oil-
ongc-idINDEE8B209U20121203
Research did not identify evidence of defence institutions being involved in
businesses relating to natural resource exploitation. Interests seems to be
2. Indian Navy, “Ensuring Secure Seas: Indian MARITIME
purely strategic, as illustrated by the Indian Navy example. As natural
Security Strategy”, 2015, pg. 5, accessed 14 May 2019
resources are connected with national security, Indian defence institutions
https://www.indiannavy.nic.in/sites/default/files/
Defence There may be instances of There may be instances of have interests in monitoring and safeguarding them [1]. A prime example is
Defence institutions involvement in Defence institutions involvement in Indian_Maritime_Security_Strategy_Document_25Jan16.pdf
institutions: There are no cases of defence defence institutions involvement in defence institutions involvement in India’s maritime strategy. India’s dependency on the seas for its external
businesses relating to the businesses relating to the
Financial or institutions being involved in businesses businesses relating to the businesses relating to the trade and sustaining its energy needs has increased [2]. The pivot to Asia
18B
controlling relating to the country’s natural resource country’s natural resource country’s natural resource
country’s natural resource
exploitation is widespread, but
country’s natural resource
exploitation is widespread and
100 further bolsters this imperative. Since the 1980s, India has had Ecological
3. Indian Army, “Write up on Ecological TA”, accessed 18
February 2021
interests in exploitation. exploitation, but activity is exploitation, but activity is Task Force (ETF) Battalions. The ETFs consist of Army veterans and are
considered legal. mostly illicit. https://www.indianarmy.nic.in/Site/FormTemplete/
practice regulated. unregulated. tasked with restoration of fragile ecosystems through ecological restoration,
frmTempSimple.aspx?
biodiversity protection and conservation. They are funded by the Ministry of
MnId=hY0ZJ+sRuOc0N4siTWFtcQ==&ParentID=F7dSh0DYj
Environment, Forest and Climate Change (MoEF& CC) and/or by respective
Q18. Is there Eyd2x9FyBvZ7w==
State Governments [3][4].
evidence that
the country’s 4. Climate Diplomacy, “Climate Diplomacy and India’s
defence Ecological Task Force”, 25 April 2017, accessed 18 February
institutions 2021
have https://www.climate-diplomacy.org/news/climate-diplomacy-
controlling or and-india%E2%80%99s-ecological-task-force
financial
interests in
businesses 1. Kartikeya Sharma, 17 October 2013, “Defence land not
associated being managed properly, unauthorised use for golf and other
with the activities”, accessed 14 May 2019
country’s https://www.indiatoday.in/featured/story/ministry-of-defence-
natural defence-estate-management-army-indian-army-golf-214559-
Individual defence personnel
resource Individual 2013-10-17
There are no cases of individual involvement in businesses relating
exploitation defence There may be isolated cases of Individual defence personnel Individual defence personnel
defence personnel being involved in to the country’s natural resource
and, if so, are personnel: individual defence personnel being involvement in businesses relating involvement in businesses relating There is no recent evidence of individual defence personnel being involved in 2. Times of India, “Army orders probe into land misuse”, 24
businesses relating to the country’s exploitation may be common in
these 18C Financial or
controlling
natural resource exploitation, OR there
involved in businesses relating to
the country’s natural resource
areas with major revenue streams.
to the country’s natural resource
exploitation may be common in
to the country’s natural resource
exploitation is widespread and
75 businesses relating to the country’s natural resource exploitation. However, April 2013, accessed 3 February 2019
there has in the past been incidences of misuse of defence land [1][2][3]. https://timesofindia.indiatimes.com/city/lucknow/Army-orders-
interests may be isolated cases, but activity is The government is actively
publicly interests in exploitation, but activity is illicit. areas with major revenue streams. mostly illicit. probe-into-land-misuse/articleshow/19704106.cms
legal. seeking to tackle or regulate the
stated and practice
issue.
subject to 3. Times of India, “Adarsh probe indicts ex-Army chiefs, top
scrutiny? officers”, 9 July 2017, accessed 3 February 2019
https://timesofindia.indiatimes.com/india/most-military-officers-
named-in-probe-own-flats-in-adarsh-cooperative-housing-
society/articleshow/59508952.cms
The Department of Personnel & Training ensures recruitment of personnel 5. Union Public Service Commission website, “Functions”,
for the Government through the UPSC and the Staff Selection Commission accessed 20 January 2019
(SSC) [4]. The UPSC is constituted under a provision of the Constitution and https://upsc.gov.in/about-us/functions
is responsible for conducting examinations for appointment to the higher civil
services and civil posts under the Union Government; including recruitment 6. Tashi Mishra, “Research and Analysis Wing of India”, SSB
to the All India Services [5]. There is a mandatory provision for consulting the Crack, accessed 20 January 2019
Senior positions within the intelligence There is objective selection Commission on all matters relating to methods of recruitment, principles to be https://www.ssbcrack.com/2013/12/research-and-analysis-
Objective The criteria for selection of senior
22A
selection criteria
services are subject to objective
selection criteria.
criteria, but it is unclear if it is
applied.
positions are unclear. 0 followed in making promotions and transfers from one service to another and wing-of-india.html
on all disciplinary matters.
7. Saikata Datta, 28 February 2011, “Ghosts Who Walk”,
In the case of R&AW, direct recruitment is through Research & Analysis Outlook, accessed 20 January 2019
Service (RAS) with its own exams; and at times absorption of UPSC Group A https://www.outlookindia.com/magazine/story/ghosts-who-
officer cadre. Direct recruitment at the Class I executive level can be from walk/270538
civil service officers undergoing the Foundation course at Lal Bahadur Shastri
National Academy of Administration [6]. 8. The Hindu, 18 September2017, “Y.C. Modi appointed NIA
chief”, accessed 20 January 2019
Senior appointments are often through promotions and deputations from the https://www.thehindu.com/news/national/yc-modi-named-nia-
state police at the SP, DIG or IG level, All India Services and secondment of chief/article19708485.ece
military personnel [7]. The Appointments Committee of the Cabinet (ACC)
helps decide senior appointments [8]. 9. Manish Tewari, 11 November 2018, “Intelligence agencies
need a legal base”, The Asian Age, accessed 20 January
There currently is no legal base for the intelligence agencies in India and no 2019
legislation regarding selection criteria. In 2011, Member of Parliament Manish http://www.asianage.com/opinion/columnists/101118/
Tewari moved a Private Members Bill- The Intelligence Services (Powers & intelligence-agencies-need-a-legal-base.html
Regulation Bill), 2011. The bill lapsed [9][10].
10. Shri Manish Tewari, 2011, The Intelligence Services
(Powers and Regulations) Bill, The Hindu
https://www.thehindu.com/migration_catalog/article13408525.
ece/BINARY/THE%20INTELLIGENCE%20SERVICES
%20(POWERS%20AND%20REGULATION)%20BILL,
%202011, accessed 9 August 2019
Q22. Are
senior
positions
within the
intelligence
services filled
on the basis
of objective
selection
criteria, and
are
appointees
subject to
investigation
of their
suitability
and prior
conduct?
1. Praveen Swami, 26 November 2013, "Five years after
26/11, Intelligence services still crippled by staff shortage",
The Hindu, accessed 9 August 2019
Q22. Are There has been criticism that the Indian Police Service (IPS) has had a
https://www.thehindu.com/news/national/five-years-after-2611-
senior favoured status in the recruitment processes of a number of intelligence
intelligence-services-still-crippled-by-staff-shortage/
positions services [1]. Therefore, it can be noteworthy to analyse the IPS selection
article5391698.ece
within the process. According to the Indian Police Service (Recruitment) Rules, 1954,
intelligence recruitment to the Service is though competitive examination and by
2. IPS website, “Recruitment”, accessed 20 January 2019
services filled promotion of substantive members of a State Police Service. Recruitment is
https://ips.gov.in/ActsRules/
on the basis determined on each occasion by the Central Government in consultation with
Revised_AIS_Rule_Vol_III_IPS_Rule_03.pdf
of objective the State Government concerned [2].
selection 3. IPS website, “Cadre Rules”, accessed 20 January 2019
criteria, and According to the Indian Police Service (Cadre) Rules, 1954:
https://ips.gov.in/ActsRules/
are “1.3. The senior posts as notified in the schedule of each State cadre were
Revised_AIS_Rule_Vol_III_IPS_Rule_01.pdf
appointees divided into three main categories, viz:-
subject to 4. India Today, 26 June 2019, “Balakot strategist Samant Goel
investigation (a) Senior posts under the State Government;
is new RAW chief, Kashmir expert Arvind Kumar IB director”,
of their There is no opportunity for intervention (b) Central Deputation Quota;
Impartiality may be an issue, for Senior positions in the intelligence accessed 9 August 2019
by third parties that may result in (c) Deputation Reserve.
suitability
and prior
22B Selection bias
selection bias or undue influence in the
example, because of links to the
ruling party.
services are primarily a gift of the
executive.
25 https://www.indiatoday.in/india/story/balakot-strategist-samant-
goel-is-new-raw-chief-kashmir-expert-arvind-kumar-ib-
conduct? selection of candidates. The other categories and reserves, such as leave and training reserves and
director-1556415-2019-06-26
the
junior posts are ancillary to the three main categories described above” [3].
5. Shaswati Das & Gireesh Chandra Prasad, 26 June 2019,
“Centre appoints new IB, RAW chiefs; Amitabh Kant
As alluded to in the previous question, senior appointments are often through
reappointed as NITI Aayog CEO”, Live Mint, accessed 9
promotions and deputations from the state police at the SP, DIG or IG level,
August 2019
All India Services and secondment of military personnel. The ACC headed by
https://www.livemint.com/news/india/centre-appoints-new-ib-
the Prime Minister, makes senior appointments in the intelligence agencies.
raw-chiefs-amitabh-kant-reappointed-as-niti-aayog-ceo-
Looking at recent appointments, there is no evidence of selection bias [4][5].
1561547546285.html
Given that the intelligence services are exempt from RTI, there’s no known
6. Rumu Banerjee, 6 November 2018, “Bring CBI, NIA & IB
legislature to cover the functioning of the intelligence services and
within RTI ambit, says info panel chief”, The Times of India,
disqualification for recruitment is not well documented [6]. This lack of
accessed 9 August 2019
transparency can potentially create high risks for bias.
https://timesofindia.indiatimes.com/india/bring-cbi-nia-ib-
within-rti-ambit-says-info-panel-chief/articleshow/
66531292.cms
http://pib.nic.in/newsite/PrintRelease.aspx?relid=97651
There is a well-resourced
There is a well-resourced oversight oversight entity with a clear and There is an oversight entity, but it
There is a weak and poorly If the country does not have
entity with a clear and strong mandate strong mandate for oversight of either has a weak or vague
resourced oversight entity. There is no oversight or legislation that regulates 1. Press Information Bureau Government of India, “Lobbying
for oversight of lobbying. Sanctions for lobbying. Sanctions for mandate or, is poorly resourced. This indicator has been scored Not Applicable, as country does not have
76D
Oversight & enforcement
misconduct include criminal offences for misconduct include criminal Sanctions do not include criminal
Sanctions do not include criminal
offences and are in any case
enforcement of lobbying
legislation.
lobbying in the defence sector,
this sub-indicator should be
NA legislation regulating lobbying in the defence sector [1].
by Companies”, August 5th, 2013, accessed May 14th, 2019
http://pib.nic.in/newsite/PrintRelease.aspx?relid=97651
serious breaches of policies and offences for serious breaches of offences or are not always
rarely enforced. marked as Not Applicable.
procedures and are regularly enforced. policies and procedures but these enforced.
are not always enforced.
GDI 2020 Indicator
Question Indicator 100 75 50 25 0 Indicator Notes
Score
GDI 2020 Indicator Qualitative Data GDI 2020 Indicator Sources
There is little information publicly available about the process of asset disposal. A case of Army officers
Q24. How effective are selling illegal Non-Service Pattern (NSP) weapons to Arms Dealers was reported in 2014. An Army
1. Press Information Bureau Government of India, 12
controls over the disposal Planned disposals are known in Planned disposals are known in Court of Inquiry carried out a detailed investigation regarding the role of 140 persons, including retired
December 2014, “Sale Illegal Weapons”, accessed 2
of assets, and is advance and are published publicly advance and are published officers, lady wives and civilians. After investigation, the Court of Inquiry found 72 officers and 01 Junior
February 2019
information on these on the ministry's website, before a publicly on the ministry's website, Planned disposals may not be Information on planned disposals Commissioned Officer (JCO) blameworthy. A revised Standard Operating Procedure (SOP) on
There is little to no information http://pib.nic.in/newsite/PrintRelease.aspx?relid=113226
Transparency of buyer has been identified. before a buyer has been identified. known in advance and are not may be missing key information or sale/disposal of Non Standard Pattern (NSP) weapons was issued to prevent recurrence of such activity
disposals, and the
proceeds of their sale,
24B
disposal process Comprehensive information is While information is usually regularly published publicly on the available in highly abbreviated
publicly available about the
process of asset disposal.
0 [1].
2. MSTC Ltd, “Calendar-View: Category View”, accessed 2
transparent? published, including specific details comprehensive, there may be ministry's website. form.
February 2019
on the items that are being sold instances of incomplete or missing As alluded to above, Indian Air Force asset disposal is carried out by a government agency, MSTC Ltd.
https://www.mstcindia.co.in/CalenderView/FirstLevel.aspx
(location, timing, type of item, etc.) information. The disposals take place through auctions for which tenders are called for. The accounts on sales are
open to internal and external scrutiny [2].
Therefore, CAG may receive some account information from the security sector but not in detail. 3. Amit Anand Choudhary, 20 August 2015, “Intelligence
Intelligence agencies do not come under the ambit of CAG. In 2015, the Centre told the Supreme Court agencies can’t be subject to CAG audit: Centre to SC”, The
Legislators are provided with audit at a PIL hearing that Parliament and the government held substantial control over the functioning of the Times of India, accessed 2 February 2019
Legislators are provided with
Legislators are provided with audit Legislators are provided with audit reports on the security sector and Legislators are not provided audit intelligence agencies and there was no need to make them more accountable and cannot come under https://timesofindia.indiatimes.com/india/Intelligence-
detailed audit reports related to the
reports on the security sector and reports on the security sector and secret items that provide basic or reports on the security sector and the ambit of CAG [3]. agencies-cant-be-subject-to-CAG-audit-Centre-to-SC/
28A Comprehensiveness security sector and other secret
programmes. Audit reports examine
secret items that exclude some secret items that provide basic or highly abbreviated information, secret items, or secret 25 articleshow/48550409.cms
details. highly abbreviated information. and there are considerable programmes are not audited at all. A Directorate of Accounts (DACS) was set up in 1963. It was declared as an organised accounts cadre
all expenditures (major and minor),
omissions. for the intelligence agencies. The monitoring of accounts, with detailed head-wise break up is done on a 4. R Banerji, PK Upadhyay & Harinder Singh, 2012, “A
monthly basis by the DACS. Expenditure is also reviewed by examination of enhancement or reduction Case for Intelligence Reforms in India”, IDSA, pg. 104,
proposals at revised estimates stage. This procedure is generally similar to that followed in other accessed 2 February 2019
Q28. Are audit reports of government departments with the exception that they remain a secret and are not apparently accessible https://idsa.in/system/files/book/
the annual accounts of the to legislators or the public. DACS audits the intelligence agencies and not CAG [4]. It is unclear if upon book_IntellegenceReform.pdf
security sector (the request, legislators can view the accounts. Some information is publicly available on intelligence
military and intelligence agencies’ outlays so one can deduce that the Standing Committee on Defence could have access to 5. PTI, 18 July 2017, “Rs 78,000 crore budget for MHA; Rs
services) subject to some information [5]. 1,577 crore for Intelligence Bureau in Budget 2017”, The
parliamentary debate? Economic Times, accessed 2 February 2019
https://economictimes.indiatimes.com/news/defence/rs-
78000-crore-budget-for-mha-rs-1577-crore-for-intelligence-
bureau-in-budget-2017/articleshow/56919421.cms
Under Section 24 of the Act, the Act does not apply to some Intelligence and Security organisations
mentioned in the Second Schedule due to security reasons:
In Section 312A of the Rules of Procedure and Conduct of Business in Lok Sabha, the function of a
Committee on Public Undertakings is stated:
1. Comptroller and Auditor General of India, “Article 149 -
Duties and Powers of the Comptroller and Auditor-General”,
“312A. There shall be a Committee on Public
accessed 2 February 2019
Undertakings for the examination of the working of the
https://cag.gov.in/content/duties-and-powers-comptroller-
public undertakings specified in the Fourth Schedule. The functions of the Committee shall be—
and-auditor-general
(a) to examine the reports and accounts of the
2. Comptroller and Auditor General of India, “Report of the
public undertakings specified in the Fourth
Comptroller and Auditor General of India on Working of
Schedule;
Army Base Workshops for the year ended March 2016”,
(b) to examine the reports, if any, of the
accessed 11 August 2019
There are no military-owned Comptroller and Auditor-General on the
https://cag.gov.in/sites/default/files/audit_report_files/
businesses, or where military-owned public undertakings;
Military-owned businesses are Report_36_of_2016_Union_Government_Defence_PA.pdf
businesses exist they subject their Military-owned businesses are not (c) to examine, in the context of the autonomy
subject to some scrutiny, but it is
32A Independent scrutiny financial statements to an
independent external audit, based
known that such processes lack
subject to any scrutiny or auditing
processes.
100 and efficiency of the public undertakings,
whether the affairs of the public undertakings
3. “RULES OF PROCEDURE AND CONDUCT OF
independence or reliability. BUSINESS IN LOK SABHA”, pg. 115, accessed 3 February
on relevant international auditing are being managed in accordance with sound
2019
standards. business principles and prudent commercial
http://164.100.47.194/loksabha/rules/RULES-2010-P-
practices; and
FINAL_1.pdf
(d) to exercise such other functions vested in the
Committee on Public Accounts and the
4. “RULES OF PROCEDURE AND CONDUCT OF
Committee on Estimates in relation to the
Q32. Are military-owned BUSINESS IN LOK SABHA”, pg. 157, accessed 3 February
public undertakings specified in the Fourth
businesses subject to 2019
Schedule as are not covered by clauses (a),
transparent independent http://164.100.47.194/loksabha/rules/RULES-2010-P-
(b) and (c) above and as may be allotted to
scrutiny at a recognised FINAL_1.pdf
the Committee by the Speaker from time to
international standard?
time:” [3]
The DSPUs which come under the Committee’s jurisdiction are Hindustan Aeronautics Limited (HAL),
Bharat Electronics Limited (BEL), Mazagon Dock Shipbuilders Limited (MDL) and Garden Reach
Shipbuilders and Engineers Ltd. (GRSE) [4].
Generally, audit details are publicly available. In a slight departure from this, according to a recent Times 2. Controller General Defence Accounts Government of
If there are no military-owned
Though available to the public, of India article, CAG has stopped putting defence reports publicly online [1]. None of the seven defence India website accessed 29 January 2019
Full audit details are available to the Audit details are not generally businesses, this sub-indicator
32B Transparency
public.
audit details may be incomplete or
abbreviated.
made available to the public. should be marked Not 50 reports from CAG in 2018 are available online. This is verifiable on the CAG website where no 2018
reports from the Defence and National Security sector are available [2][3]. CAG reports must be
http://cgda.nic.in/
Applicable.
submitted to Parliament so are therefore public documents and are available in the Parliament library. 3. Comptroller and Auditor General of India, Audit report
search, accessed 29 January 2019
https://cag.gov.in/en/audit-report?
ts=allwords&title=>=&udt=&state=&lbt=§or=§or
%5B%5D=41&report_type=&report_type%5B%5D=52&od=
%3D&yrf=2018&yrt=
As alluded to in earlier questions, there has been controversy surrounding the misuse of defence land
for private enterprise [1].
Q33. Is there evidence of The above explicitly prohibits civil service employees from engaging in private enterprise [2]. These
unauthorised private regulations and codes of conduct are binding on all defence and security personnel [3]. Participation in
enterprise by military or such enterprises are not permitted.
other defence ministry
employees? If so, what is
the government’s reaction
to such enterprise?
1. Man Aman Singh Chhina"Civilians to lose playing
privileges on Army golf courses", The Indian Express, July
26th, 2015, accessed August 9th, 2019
https://indianexpress.com/article/india/india-others/civilians-
to-lose-playing-privileges-on-army-golf-courses/
“53. Extortion and Corruption. - Any person subject to this Act who
commits any of the following 1. Ministry of Defence Government of India, “MOD Acts &
offences, that is to say :- Rules”, accessed 2 February 2019
(a) commits extortion ; or https://mod.gov.in/acts
(b) without proper authority exacts from any person money, provisions or
service ; 2. Indian Army, “Indian Army Act, 1950”, accessed 2
There are a range of clearly defined Bribery and/or corruption are
Bribery and/or corruption are shall, on conviction by court-martial, be liable to suffer imprisonment for a February 2019
offences in law that clearly apply to defined offences in law that clearly
defined offences in law that clearly term which https://indianarmy.nic.in/writereaddata/documents/
the defence sector. These offences apply to the defence sector, but 2
apply to the defence sector, but 2 Bribery and/or corruption are not may extend to ten years or such less punishment as is in this Act ARMYACTS190216.pdf
cover (at a minimum) offering, or more of the following
or more of the following defined offences in law that apply mentioned.” [2]
giving, receiving, or soliciting of any mechanisms are not provided for:
mechanisms are not provided for: to the defence sector, but there Offences are not defined, or there 3. OECD, “INDIA: THE PREVENTION OF CORRUPTION
item of value to influence the actions offering, giving, receiving, or
offering, giving, receiving, or are wider legal mechanisms in is no evidence of other formal The Prevention of Corruption Act, 1988, CHAPTER V, Section 25 states: ACT, 1988”, accessed 2 February 2019
35A Sanctions of an official or other person in
charge of a public or legal duty.
soliciting bribes.
soliciting bribes.
place (e.g. national laws mechanisms, or the military are 75 https://www.oecd.org/site/adboecdanti-corruptioninitiative/
supported by policies, regulations, exempt from law. “Military, Naval and Air force or other law not to be affected. — (1) Nothing 46814376.pdf
Sanctions exist in law, but
Possible sanctions include or other laws) used to address in this Act shall
Possible sanctions include criminal maximum penalties constitute less
criminal prosecution/ this. affect the jurisdiction exercisable by, or the procedure applicable to, any 4. Shaurya Karanbir Gurung, 12 March 2019, “Army’s new
prosecution/ incarceration, than 1 year imprisonment or weak
incarceration, dismissal, and court or other authority under vigilance unit to use Corps of Military Police personnel”,
dismissal, and considerable financial fines that would not act as a
considerable financial penalties. the Army Act, 1950, the Air Force Act, 1950, the Navy Act, 1957, the The Economic Times, accessed May 19th, 2019
penalties. deterrent.
Border Security Force Act, https://economictimes.indiatimes.com/news/defence/
1968, the Coast Guard Act, 1978 and the National Security Guard Act, armys-new-vigilance-unit-to-use-corps-of-military-police-
1986. personnel/articleshow/68367369.cms?from=mdr
(2) For the removal of doubts, it is hereby declared that for the purposes
of any such law as is referred
to in sub-section (1), the Court of a Special Judge shall be deemed to be a
court of ordinarily criminal
justice.” [3]
Q35. Are there effective As alluded to in Q.7, the Ministry of Defence (MoD) has approved the
measures in place for establishment of a new Vigilance Investigation Unit in the Army, entrusted
personnel found to have with conducting independent investigations into corruption [4].
taken part in forms of
bribery and corruption,
and is there evidence that
these measures are being
carried out? 1. PTI, 23 August 2017, “Army officer convicted of
corruption after 27 years of trial”, Hindustan Times,
accessed 2 February 2019
https://www.hindustantimes.com/india-news/army-officer-
There is evidence to suggest that cases are being investigated through convicted-for-corruption-after-27-years-of-trial/story-
formal procedures. In 2017 after 27 years of investigation and trial, a efVL6EoV2BmWtqL4JtYzaK.html
former Army Colonel was convicted by a special CBI court for amassing
disproportionate assets [1]. In a recent case, the CBI filed a case against 2. Neeraj Chauhan, 18 December 2018, “CBI files case
two Army officers in 2018 for taking bribes from a civilian supplier in the against two Army officers”, The Times of India, accessed 2
procurement of ration for troops in Nagaland India, between 2012 and February 2019
2016 [2]. In 2018, the CBI booked 12 Army officials for corruption in https://timesofindia.indiatimes.com/india/cbi-files-case-
recruitment of religious teachers in 2013 [3]. The area of concern seems against-two-army-officers/articleshow/67148491.cms
not to be enforcement but pertains to the duration of prosecution, as the
Indian judicial system is generally slow. 3. PTI, 25 April 2018, “CBI books 12 Army officials for
corruption in recruitment of religious teachers”, The Times
Instances of bribery or corruption
Instances of bribery or corruption In 2018, 356 officers, including 52 colonels and 80 battalion commanders, of India, accessed 2 February 2019
Instances of bribery or corruption are are investigated or disciplined If there are no measures in
are investigated but not often Instances of bribery or corruption There is a complete failure to filed a petition in the Supreme Court seeking protection against First https://timesofindia.indiatimes.com/india/cbi-books-12-
investigated or disciplined through through formal processes, but place, this sub-indicator
35B Enforcement
formal processes and without undue undue political influence is
disciplined. There is clear undue
influence in the decision making
are superficially investigated or
rarely disclipined.
investigate or discipline even in
the face of clear evidence.
should be marked as Not 75 Information Reports (FIRs) and prosecution for actions carried out in the
line of duty in areas coming under the Armed Forces (Special Powers)
army-officials-for-corruption-in-recruitment-of-religious-
teachers/articleshow/63913613.cms
political influence. attempted and sometimes Applicable
process. Act, 1958, like in Jammu and Kashmir and Manipur [4]. The case relates
effective at derailing prosecutions.
to the Army believing it is being harassed, as there have been a number 4. Harish V. Nair, 15 August 2018, “'Harassed' Army
of CBI probes into ‘unlawful’ killings and ‘fake encounters’ by Army personnel at SC door to challenge prosecution in AFSPA
personnel. The Army vehemently denies that any killings are unlawful and areas”, accessed 2 February 2019
they are repeatedly prosecuted for doing their bona fide duties. This https://www.indiatoday.in/mail-today/story/-harassed-army-
petition suggests that legal measures are being enforced. personnel-at-sc-door-to-challenge-prosecution-in-afspa-
areas-1314899-2018-08-15
The MoD publishes annual reports with a section on the activities of
vigilance units, detailing the number of complaints, sanctions and 5. Ministry of Defence Government of India, “Annual
penalties imposed on those convicted, finalisations of disciplinary Report 16-17”, pg. 190-191,
hearings, exonerations, recordable warnings and appeals [5][6]. https://mod.gov.in/sites/default/files/AnnualReport1617.pdf
[
Whistleblowing is neither explicitly encouraged nor discouraged by the
government; legal provisions are in place to support and protect
whistleblowers through the Whistle Blowers Protection Act, 2014 [1]. The
defence and security sector come under its remit. The Central Vigilance
Commission (CVC) also affords whistleblowers protection [2]. Prior to the
1. Christine Liu, 5 June 2014, “India's Whistleblower
aforementioned, the RTI Act, 2005, provided information to the public but
Protection Act - An Important Step, But Not Enough”,
no protections.
Harvard University Edmond J. Safra Center for Ethics,
accessed 29 January 2019
Whistle Blowers Protective (Amendment) Bill, 2015 was passed in the Lok
https://ethics.harvard.edu/blog/indias-whistleblower-
Sabha. Amendments were aimed at safeguarding against disclosures
protection-act-important-step-not-enough
affecting the sovereignty and the integrity of India. The amendments
would address concerns relating to national security. Safeguards against
2. Central Vigilance Commission, “Whistle Blower
disclosures which may prejudicially affect the sovereignty and integrity of
Complaints”, accessed 29 January 2019
the country, security, strategic, scientific or economic interest of the State,
http://www.cvc.nic.in/?q=citizens-corner/whistle-blower-
relations with a foreign State or leads to incitement of an offence, would
complaints
be strengthened. The salient features are:
Legislation on whistleblowing and
reporting corruption exists and is 3. Anjali Bhardwaj & Amrita Johri, 31 July 2017, “Don’t
- Amendments in section 4 prohibit disclosures prejudicially affecting the
applicable to military and official shoot the messenger”, The Hindu, accessed 29 January
Legislation on whistleblowing and Legislation on whistleblowing and Legislation on whistleblowing and sovereignty and integrity of India, the security, strategic, scientific or
personnel. There is explicit 2019
reporting corruption exists and is reporting corruption exists but may reporting corruption exists but is economic interests of the State, friendly relations with foreign States, or
reference to protection of https://www.thehindu.com/opinion/op-ed/dont-shoot-the-
applicable to military and official not be explicitly applicable to weak on protections for No legislation applicable to military lead to incitement to an offence, etc. These amendments have been
whistleblowers, including: protection messenger/article19397939.ece
personnel. There is explicit military and official personnel. whistleblowers. Explicit reference and official personnel exist to modelled on the provisions of section 8(1) of the Right to Information Act,
36A Legal provisions of identity, protection against
retribution, reversed burden of proof
reference to protection of There is explicit reference to to protection of whistleblowers facilitate corruption reporting or 25 2005.
4. Press Information Bureau Government of India, 2 August
whistleblowers, but only some of protection of whistleblowers, but may be absent or few of the protection of whistleblowing.
regarding retaliation, waiver of 2018, “Delay in operationalising Whistle Blowers
the protections listed in score 4 only some of the protections listed protections listed in score 4 are - Amendment to section 5 provides that the Competent Authority shall not
liability for the whistleblower, no Protection Act”, accessed 29 January 2019
are established in law. in score 4 are established in law. established in law. inquire into any public interest disclosure which involves information of the
sanctions for misguided reporting, http://pib.nic.in/newsite/PrintRelease.aspx?relid=181386
nature specified in the amended section 4.
right of the whistleblower to refuse
participation in wrongdoing. 5. Gaurav Vivek Bhatnagar, 22 February 2019, "Five Years
- Amendment in section 8 provides that no person shall be required to
After Passing Law to Protect Whistleblowers, Govt Yet to
furnish any information or answer any question or produce any document
Operationalise It", The Wire, accessed 11 August 2019
or render any other assistance in an inquiry under this Act, if the same is
https://thewire.in/government/whistle-blowers-protection-
likely to result in the disclosure of any information of the nature specified
act-five-years
in the amended section 4.
6. Anjali Bhardwaj & Amrite Johri,1 August 2017, "Don’t
The said Bill has been sent to the Rajya Sabha and is presently pending
shoot the messenger", The Hindu, accessed 11 August
in the Rajya Sabha [3][4]. There has been criticism that the Act has not yet
2019
been operationalised by the current government and as such, there is no
https://www.thehindu.com/opinion/op-ed/dont-shoot-the-
provision of statutory protections to whistleblowers. There is additional
messenger/article19397939.ece
criticism that the 2015 Amendment Bill attempts to dilute the Act, by
removing immunity provided to whistleblowers from prosecution under the
Official Secrets Act for disclosures which can lead to up to 14 years in
prison; and disregarding information that has not been obtained under the
RTI Act [5][6].
There is evidence to suggest that some special attention is paid to the 3. Department of Defence Production Government of India,
Special attention is paid to personnel Some attention is paid to selection, time in post and oversight of personnel in sensitive positions. “In Pursuit of Reliance”, pg.56, accessed 29 January 2019
in sensitive positions, i.e., personnel in sensitive positions, Sensitive positions are identified and rotational transfers are made as per https://ddpmod.gov.in/sites/default/files/DDP_Booklet.pdf
individuals with significant autonomy i.e., individuals with significant the Rotational Transfer Policy in place [1][2]. Special attention is also paid
There is no recognition that certain
over personnel, resources, and the autonomy over personnel, to time in post of personnel in sensitive positions in the Defence Public 4. Ministry of Defence Government of India, 2017, “Annual
Coverage of sensitive positions may be more open to
37A
(higher-risk) positions
policies/plans that determine them.
This includes decision-making power
resources, and the policies/plans
that determine them. Only one or
corruption opportunities than 50 Sector Undertakings (DPSUs) and the Ordnance Factory Board (OFBs)
[3]. The Vigilance Division in the MoD carries out oversight across all
Report 16-17”, pg. 190, accessed 29 January 2019
https://mod.gov.in/sites/default/files/AnnualReport1617.pdf
others.
in procurement, recruitment, two areas may be targeted as high defence departments [4]. Clearance from the Interlligence Bureau is
contracting, financial and risk (e.g., procurement), leaving required for appointment of top government posts [5]. 5. Aloke Tikku, 3 February 2014, “Appointment to top govt
commercial management. other areas without special focus. posts only after strict IB scrutiny”, accessed 11 August
2019
https://www.hindustantimes.com/india/appointment-to-top-
govt-posts-only-after-strict-ib-scrutiny/story-
yQbxn1jDHWE6G4F90MKMQM.html
Appointments to the level of Lieutenant General are made through 3. Cabinet Secretariat Government of India, “THE
promotion boards, with independent scrutiny representatives from other GOVERNMENT OF INDIA (ALLOCATION OF BUSINESS)
Armed Forces. These boards perform stringent scrutiny. Names of RULES”, accessed 2 February 2019
candidates are concealed to ensure objective decision-making [1]. The https://cabsec.gov.in/files/allocation/
Appointment Committee of the Cabinet (ACC) oversees higher abr_rules_archive_299.pdf
The system for appointment of The system for appointment of Appointments do not always apply appointments and promotions. The Establishment Officers Division
military personnel at middle and top military personnel at middle and objective job descriptions and processes these proposals to the ACC [2][3]. 4. Press Information Bureau Government of India, 3
There are formal processes in
management applies objective job top management applies objective standardised assessment October 2008,“Cabinet Approves Phase-II of AV Singh
place, but they are regularly
descriptions and standardised job descriptions and standardised processes, e.g., decisions may be The Ajay Vikram Singh Committee made recommendations Committee Report Promotional Avenues in Higher Ranks
undermined by undue influence or There is no established
assessment processes. Promotion assessment processes, though unjustifiable based on objective encompassing a wide spectrum of service related issues to address the in Services Open Up”, accessed 2 February 2019
41A Formal process
boards are open and representatives there is little independent scrutiny criteria, or promotion boards may
inappropriate conduct in the
promotion process. The civil
appointment system for military
personnel.
100 twin aspects of reducing the high age profile and improving cadre mobility http://pib.nic.in/newsite/erelcontent.aspx?relid=43370
from other branches of the armed being paid to the promotion of have members from within the of officers. Based on the recommendations of the Committee, a number of
service is not involved in the
forces are invited and regularly sit on senior personnel, e.g., promotion chain of command. However, this measures have been implemented as Cadre Review. These include time 5. Press Information Bureau Government of India, 26 April
appointment process at all.
the board. The civil service is boards may not have independent is not a widespread or common based promotion up to the rank of Lt Colonel; introduction of Colonel 2010, “Restructuring OF Officers’ cadre in Defence
involved for very high level ranks. observers. practice. (Time Scale) rank; upgradation of 750 posts of Lt Colonel to Colonel; Services”, accessed 2 February 2019
upgradation of 1896 posts in the ranks of Colonel, Brigadier, Major http://www.pib.nic.in/newsite/erelcontent.aspx?relid=60939
General and Lt General and their equivalents in Navy and Air Force [4][5].
6. Col (Dr) PK Vasudeva, 20 September 2018, “Cadre
A new Cadre Review is currently underway [6]. Review: Lean and Mean Indian Army”, Indian Defence
Review, accessed 2 February 2019
The government recently announced on Indian Independence Day that http://www.indiandefencereview.com/news/cadre-review-
India will have a Chief of Defence Staff (CDS) [7]. lean-and-mean-indian-army/
Appointments are released through formal and informal mechanisms. 1. Press Information Bureau Government of India, 4 August
Specific selection criteria is not always publicly available. According to a 2017, “Transparent Promotion Policy for Army”, accessed
government Press release in August 2017, “Bringing transparency in 2 February 2019
promotion policy is a continuous process and all necessary steps are http://pib.nic.in/newsite/PrintRelease.aspx?relid=169614
Information on the appointment taken from time to time” [1].
Information on the appointment
processis only partially available 2. Ajit Kumar Dubey, 6 February 2017, “Defence Minister
process is publicly available and Little to no information is released
41C Transparency
includes the selection criteria for
on websites or to the public and/or
may be incomplete with regards to
about the appointment process. 50 As alluded to in Q.37, in 2017, former Defence Minister, the late Manohar
Parrikar formed a high-level committee consisting of Lt Gen G S Katoch
Manohar Parrikar forms committee to make promotion
system fair, transparent”, India Today, accessed 2
each rank.
selection criteria. and Lt Gen A K Ahuja to make promotion systems fair and transparent. February 2019
They would give their recommendations to the government on the https://www.indiatoday.in/mail-today/story/manohar-
changes in promotion policy and the Quantified System of Selection parrikar-army-promotion-system-959111-2017-02-06
(QSS) of the Indian Army [2].
Q43. Where compulsory 1. Brig Amrit Kapur, 5 April 2016, ”Does India Need
conscription occurs, is Compulsory Military Training”, Indian Defence Review,
there a policy of not accessed 4 April 2019
accepting bribes for http://www.indiandefencereview.com/news/does-india-
avoiding conscription? need-compulsory-military-training/
Are there appropriate Sanctions exist in law, but
procedures in place to If compulsory conscription
Possible sanctions include criminal maximum penalties constitute less There are no sanctions for 2. Press Information Bureau Government Of India, 23 April
does not occur, mark this India does not have compulsory conscription [1][2][3]. As such, this
deal with such bribery,
and are they applied?
43B Sanctions prosecution/incarceration, dismissal,
and considerable financial penalties.
than 1 year imprisonment or weak
fines that would not act as a
avoiding compulsory conscription
through bribery.
sub-indicator not NA indicator has been scored Not Applicable.
2008 “Ministry of Defence: Rediscover the Sainik Schools”,
accessed 1 February 2019
applicable.
deterrent. http://pib.nic.in/newsite/erelcontent.aspx?relid=37831
“53. Extortion and Corruption. - Any person subject to this Act who
commits any of the following
1. Ministry of Defence Government of India, “MOD Acts &
offences, that is to say :-
Rules”, accessed 2 February 2019
(a) commits extortion ; or
https://mod.gov.in/acts
(b) without proper authority exacts from any person money, provisions or
service ;
2. Indian Army, “Indian Army Act, 1950”, accessed 2
shall, on conviction by court-martial, be liable to suffer imprisonment for a
February 2019
This indicator refers to the term which
https://indianarmy.nic.in/writereaddata/documents/
There is a policy and strict rules entire military, regardless of may extend to ten years or such less punishment as is in this Act
ARMYACTS190216.pdf
relating to bribery for soliciting Bribery and/or corruption are whether conscription mentioned.” [2]
preferred postings. Bribery offences defined offences in law, but 2 or occurs.
There are no known policies or 3.OECD, “INDIA: THE PREVENTION OF CORRUPTION
cover (at a minimum) offering, more of the following mechanisms The Prevention of Corruption Act, 1988, CHAPTER V, Section 25 states:
44A Policy
giving, receiving, or soliciting of any are not provided for: offering,
rules against bribery for soliciting
preferred postings.
Bribery laws that apply to 100 ACT, 1988”, accessed 2 February 2019
https://www.oecd.org/site/adboecdanti-corruptioninitiative/
item of value to influence the actions giving, receiving, or soliciting government “25. Military, Naval and Air force or other law not to be affected. — [1]
46814376.pdf
of an official or other person in bribes. officials/employees are Nothing in this Act shall
charge of a public or legal duty. appropriate for this affect the jurisdiction exercisable by, or the procedure applicable to, any
4. Manjeet Singh Negi, 3 June 2017, “CBI arrests Army
indicator. court or other authority under the Army Act, 1950, the Air Force Act, 1950,
officers running racket of favourable transfers for money”,
the Navy Act, 1957, the Border Security Force Act, 1968, the Coast Guard
India Today, accessed 19 May 2019
Act, 1978 and the National Security Guard Act, 1986.
https://www.indiatoday.in/india/story/cbi-army-officers-
(2) For the removal of doubts, it is hereby declared that for the purposes
racket-illegal-posting-transfers-army-hq-980732-2017-06-
of any such law as is referred
03
to in sub-section (1), the Court of a Special Judge shall be deemed to be a
court of ordinarily criminal
justice.” [3]
There have been reports of the CBI arresting Army officials involved in a
preferred postings racket in 2017. An FIR was filed under Sections 7, 8,
12, 13 (2) r/w 13 (1) (d) of the Prevention of Corruption (PC) Act, 1988
Q44. Is there a policy of and Section 120B of the Indian Penal Code (IPC) [4].
refusing bribes to gain
preferred postings? Are
there appropriate
procedures in place to
deal with such bribery,
and are they applied?
Q44. Is there a policy of
refusing bribes to gain
preferred postings? Are
there appropriate
procedures in place to
deal with such bribery, 1. Ministry of Defence Government of India, “MOD Acts &
and are they applied? Rules”, accessed February 2nd, 2019
https://mod.gov.in/acts
Technically, as bribery is an offence in the Armed Forces, sanctions for
Sanctions exist in law, but
Possible sanctions include criminal any bribery offence include criminal prosecution/incarceration and 2. Indian Army, “Indian Army Act, 1950”, accessed
maximum penalties constitute less There are no sanctions for
prosecution/ incarceration, dismissal and the aforementioned can be applied in the case of bribery for February 2nd, 2019
44B Sanctions
dismissal, and considerable financial
than 1 year imprisonment or weak
fines that would not act as a
soliciting preferred postings
through bribery.
100 soliciting preferred postings [1][2]. Gifts of Rs 150 upwards cannot be https://indianarmy.nic.in/writereaddata/documents/
penalties. accepted and if after an inquiry it is proven that the accused has accepted ARMYACTS190216.pdf
deterrent.
such a gift, it will lead to a Court Martial [3].
3. Interview with Interviewee 1: Retired Senior Indian Air
Force Official, India, May 19th, 2019
Cases are investigated or There is a complete failure to 2. Ministry of Defence Government of India, “Annual
prosecuted through formal investigate or prosecute, even in Report 17-18”, pg.189, accessed 14 May 2019
Cases are investigated or Cases are investigated but not Cases of corruption are investigated and prosecuted [1][2]. Concerns lay
processes, but there may be the face of clear evidence. Or, https://mod.gov.in/sites/default/files/Annualreport1718.pdf
prosecuted through formal often prosecuted. There is clear with the duration of the judicial process, with convictions taking multiple
49C Effectiveness
processes and without undue
cases where undue political
influence is attempted, and
undue influence in the decision
cases are superficially
investigated, or receive "show"
75 years in some cases [3]. There is no clear evidence of undue influence
3. Hindustan Times, 23 August 2017, “Army officer
political influence. making process. being attempted.
occasional cases where it is hearings in which defendants are convicted of corruption after 27 years of trial”, accessed 14
effective at derailing prosecutions. not punished. May 2019
https://www.hindustantimes.com/india-news/army-officer-
convicted-for-corruption-after-27-years-of-trial/story-
efVL6EoV2BmWtqL4JtYzaK.html
1. Press Information Bureau Government of India, 30 April
2015, “Data of Corruption Cases”, accessed 2 February
2019
http://pib.nic.in/newsite/PrintRelease.aspx?relid=120035
1. National
2. Indian Penal
CrimeCode, 1860,Bureau
Records accessed 2 February 2019
India,“Prevention of
http://lawcommissionofindia.nic.in/1-50/report42.pdf
Corruption Act, 1988 (PC Act) and Related Sections of IPC
Cases Registered by AntiCorruption Bureau, Vigilance and
Facilitation payments are illegal in India and punishable under the Indian 2. KPMG, 2019,
Lokayukta “The Prevention
in States/UTs – 2016”,of Corruption
accessed 2 February
Facilitation payments are strictly and There law is insufficiently clear on Facilitation payments are not
50A Legal framework
clearly illegal. the issue of facilitation payments. criminalised. 100 Penal Code (IPC),1860 and the Prevention of Corruption (Amendment)
Act (PCA), 2018 [1][2].
(Amendment) Act 2018: Key Highlights”, accessed 2
2019
February 2019
https://ncrb.gov.in/sites/default/files/content_table/Table
https://assets.kpmg/content/dam/kpmg/in/pdf/2018/09/
%208C.2.pdf
prevention-corruption-amendment-anti-bribery-fcpa.pdf
According to the CBI, 3,296 corruption cases were registered under the
3. Ruchi Bambha, 18 July 2018, “Five things to know about
PCA, 1988, between 2010 and 2015. Out of these 2,187 were charge-
AgustaWestland VVIP chopper scam”, The Economic
sheeted and 169 persons were convicted [1]. In 2016, total crimes under
Times, accessed 11 May
the PCA and IPC were 4,439. Out of this 1,136 cases were public
2019https://economictimes.indiatimes.com/news/defence/fi
Cases are investigated or There are clear failures to servants taking gratification in remuneration [2]. The AgustaWestland
Cases may be investigated but are ve-things-to-know-about-agustawestland-vvip-chopper-
prosecuted through formal investigate or prosecute cases, If facilitation payments are VVIP helicopter controversy has been investigated, where there was a
not often successfully prosecuted. scam/articleshow/51992563.cms
processes. There is little substantive even in the face of strong not criminalised, this sub- possible case of facilitation payments. The deal was also cancelled on the
50B Enforcement
concern expressed from
There is credible evidence to
indicate undue influence in the
evidence. Specific concerns may indicator should be marked 50 grounds of breaching the PCIP [3][4][5].
4. Alasdair Pal, 31 January 2019, “Court holds two more
independent commentators over be expressed by a range of Not Applicable.
decision making process. people sent from UAE in AgustaWestland helicopter
undue political influence. independent commentators. The Amendment Act brings welcomed changes that can help better
bribery case”, Reuters, accessed 11 May 2019
enforce the legal provisions in place including the completion of trial for
https://in.reuters.com/article/india-agustawestland/court-
corruption cases by a special judge within a period of two years from filing
holds-two-more-people-sent-from-uae-in-agustawestland-
ey-bribery-and-corruption-ground-reality-in-india-india-
of the case [6]. Given the aforementioned, it is justified to conclude there
helicopter-bribery-case-idINKCN1PP29E
score.pdf
is active investigation into bribery and ‘greasing of palms’.
5. Ruchi
2. Business Today,
Bambha, 1822 April
July 2019,
2018, “AgustaWestland
“Five things to know VVIP
about
choppers case: Delhi
AgustaWestland VVIPcourt extends
chopper Sushen
scam”, Gupta's
The Economic
judicial custody
Times, accessedtill 11
May 3”, accessed 11 May 2019
May
https://www.businesstoday.in/top-story/agustawestland-
2019https://economictimes.indiatimes.com/news/defence/fi
vvip-choppers-scam-delhi-court-extends-sushen-gupta-
ve-things-to-know-about-agustawestland-vvip-chopper-
judicial-custody-till-may-3/story/339207.html
scam/articleshow/51992563.cms
Q50. Are there effective India has a poor reputation for corruption in the public sector. In 2017, EY 6. Central
3. KPMG, 2019,
Bureau“The Prevention of29
of Investigation, Corruption
February 2016,
measures in place to and the Federation of Indian Chambers of Commerce & Industry (FICCI) (Amendment)
“FOUR YEARS Act 2018: Key Highlights”,
RIGOROUS IMPRISONMENTaccessed
TO 2
THEN
discourage facilitation published a report based on a survey conducted. Respondents February 2019
ASSISTANT COMMISSIONER OF GNCT, DELHI IN
payments (which are represented a mix of Indian enterprises with domestic operations, as well https://assets.kpmg/content/dam/kpmg/in/pdf/2018/09/
BRIBERY CASE AND THREE YEARS RI TO THEN
illegal in almost all as Indian subsidiaries of MNCs in the UK and US, whose annual incomes prevention-corruption-amendment-anti-bribery-fcpa.pdf
ASSISTANT COMMISSIONER OF CENTRAL EXCISE &
countries)? exceed $698 million [1]. CUSTOMS AND THEN MANAGER OF FCI IN SEPARATE
CASES OF DISPROPORTIONATE ASSETS”, accessed 2
Around 89% of the respondents felt that there should be greater February 2019
enforcement of laws to curb the proliferation of bribery and corruption. http://cbi.gov.in/pressreleases/pr_2016-02-29-1.php
Aerospace and defence were seen as one of the most vulnerable sectors
to corruption. Cash was the most preferred mode of paying bribes- 89% of 4. Central Bureau of Investigation, 19 February 2016, CBI
the respondents selected it. 31% of respondents were unaware that ARRESTS AN ASSISTANT DIRECTOR OF CUSTOMS &
Facilitation payments
Rather than facilitation payments, Facilitation payments in the making facilitation payments is illegal in India and controversially, 44% of CENTRAL EXCISE FOR ACCEPTING A BRIBE OF RS.
Facilitation payments in the defence occassionally occur in the
50C Prevalence
and security sector are very rare. defence and security sector, but
there is extensive patronage in the defence and security sector are
defence and security sector. widespread.
25 the respondents were in favour of legalising facilitation payments under
Indian laws, similar to the Foreign Corrupt Practices Act (FCPA).
TEN LAKH, accessed 2 February 2019
http://cbi.gov.in/pressreleases/pr_2016-02-19-2.php
are not widespread.
Analysing the CBI’s public disclosures of arrests related to bribery and 5. Central Bureau of Investigation, 8 December 2017, CBI
corruption from 2016 to present, it is evident that these practices are still REGISTERS A DISPROPORTIONATE ASSETS CASE
prevalent in the public sector in India but are investigated. The 2010 AGAINST “PREVENTIVE OFFICER” OF DEPARTMENT
AgustaWestland VVIP helicopter controversy – which is still under OF CENTRAL EXCISE AND CUSTOMS, accessed 2
investigation, illustrates that the defence sector is not immune from February 2019
facilitation payments, though cases do seem to be rare or underreported http://cbi.gov.in/pressreleases/pr_2017-12-08-2.php
[2].
6. Central Bureau of Investigation, 16 April 2018, CBI
As alluded to earlier, the Prevention of Corruption (Amendment) Act, 2018 FILES A CHARGESHEET AGAINST FOURTEEN
is a further step in the right direction for what is required- a systemic ACCUSED INCLUDING THEN RAILWAY MINISTER &
change from the roots up [3][4][5][6][7][8]. OTHERS IN AN ON-GOING INVESTIGATION OF A
CASE, accessed 2 February 2019
http://cbi.gov.in/pressreleases/pr_2018-04-16-2.php
The country has a comprehensive The Armed Forces do not have a military doctrine that addresses corruption as a strategic issue. As
and detailed military doctrine alluded to in Q.35, each branch of the Armed Forces has an Act which governs it [1]. Herein, the code 1. Ministry of Defence Government of India, “MOD Acts
addressing corruption issues for of conduct is clearly defined. Offences are delineated in depth and include corruption. In the Indian & Rules”, accessed 2 February 2019
peace and conflict operations at The country has a comprehensive Army Act, 1950, Chapter IV states: https://mod.gov.in/acts
strategic, operational and tactical and detailed military doctrine
levels. The doctrine recognises that addressing corruption issues for The country has a military doctrine Corruption has been identified “53. Extortion and Corruption. - Any person subject to this Act who commits any of the following 2. Indian Army, “Indian Army Act, 1950”, accessed 2
international actors can contribute to peace and conflict operations, addressing corruption issues for within military strategic documents offences, that is to say :- February 2019
increasing corruption risks and offers including the recognition that peace and conflict, which briefly as an important issue for The country does not consider (a) commits extortion ; or https://indianarmy.nic.in/writereaddata/documents/
51A Military doctrine guidance on mitigating these risks. deployments can exacerbate
Issues addressed by the doctrine corruption risks. However, the
addresses how to mitigate this
challenge, but there is little
operations e.g. the national
defence strategy or similar, but
corruption a strategic issue for
operations.
0 (b) without proper authority exacts from any person money, provisions or service; shall, on conviction
by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such
ARMYACTS190216.pdf
include support for political actors, doctrine may not address risks at emphasis on the practicalities of there is no explicit doctrine on less punishment as is in this Act mentioned.” [2] 3. Ministry of Defence Government of India, “Annual
Q51. Do the armed contracting, interaction with local all levels or may not provide implementation. corruption. Report 16-17”, pg. 190, accessed 2 February 2019
forces have military population, partnering with local detailed and practical guidance for The Ministry of Defence’s (MoD) Vigilance Division is entrusted with the task of dealing with https://mod.gov.in/sites/default/files/
doctrine addressing forces, and security sector reform in implementation. complaints regarding corrupt practices, misconduct and irregularities in respect of employees of the AnnualReport1617.pdf
corruption as a operational contexts. The doctrine MoD and the various units under it [3].
strategic issue on also details the practicalities of
operations? implementation.
Prescribed codes of conduct as per the Acts from each branch of the military serve as the foundation 2. Interviewee 5: Retired Colonel, New Delhi, 23 May
Take into account:
for training [1]. Given that as per the Acts, corruption is a punishable offence, it is possible that there is 2019
1) Whether the government
an element of anti-corruption training before deployment. According to a retired Army colonel there is
provides training / guidelines /
Q52. Is there training an anti-corruption element in generic training for commanders at all levels and at times, specific anti- 3. Ministry of Defence Government of India, “Annual
monitoring before deploying their
in corruption issues There is comprehensive training in There is comprehensive training in There is training in corruption corruption courses [2]. Report 16-17”, pg.190, accessed 2 February 2019
troops under the foreign country’s
for commanders at all corruption issues that is required for corruption issues that is required issues that is required for https://mod.gov.in/sites/default/files/
There is comprehensive training in command; and/or
levels in order to commanders at all levels. Training is for commanders at all levels. commanders at some levels or in The country has no known training The Minister of Defence (MoD) has stated that, “In keeping with the need to ensure transparency, fair AnnualReport1617.pdf
corruption issues that is required 2) Whether it is government who
ensure that these
commanders are clear
52 delivered as part of military
education e.g., at military
However, training is delivered
either only in pre-deployment
for commanders at some levels or
some units, but not all. The in corruption issues for
content of training only addresses commanders.
ensures that there is training to 50 play, accountability and integrity, efforts are being made continuously in the Ministry of Defence for
sensitization of all the stakeholders against corrupt practices” [3]. 4. Press Information Bureau Government of India, 31
in some units, but not all. counter corruption risk, regardless
on the corruption academies, and in pre-deployment training for specific missions or as a few known risks (e.g. October 2018, “President of India graces Vigilance
of whether the government
issues they may face training for specific missions. part of military education. procurement). In accordance with the directives of the Central Vigilance Commission (CVC), the Army, Navy, Air Awareness Week 2018 function; says checking
themselves or a foreign
during deployment? Force, Defence Research and Development Organisation (DRDO), Director General Border Roads corruption is essential to creating a New India //
government or a multilateral/non-
(DGBR), Controller General of Defence Accounts (CGDA) and all departments under the MoD ‘Vigilance Excellence Awards’ presented MoS Dr
government organisation leads the
observe Vigilance Awareness Week on an annual basis. Activities include training workshops [4]. Jitendra Singh lauds CVC’s efforts towards preventive
training.
vigilance”, accessed 2 February 2019
http://pib.nic.in/newsite/PrintRelease.aspx?relid=184506
Q58. Is the
defence
procurement
cycle process,
from assessment
of needs,
through contract
implementation
and sign-off, all
the way to asset
disposal,
disclosed to the
public?
1. Ministry of Defence Government of India, “Defence Procurement Procedure
2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
pg. 1, accessed 9 May 2019
https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
The DPP-2016 states that the acquisition process for the five categories of
procurement under the ‘Buy’ and ‘Buy & Make’ schemes will involve the
following processes:-
(g) Staff Evaluation. 2. Ministry of Defence Government of India, “Procurement Manual 2016 Defence
R & D Organisation (DRDO)”, accessed 9 May 2019
(h) Oversight by Technical Oversight Committee (TOC), if required. https://www.drdo.gov.in/sites/default/files/procurement-manuals-document/
Procurement oversight mechanisms Procurement oversight
Procurement oversight procurement-manual-2016.pdf
are independent, formalised mechanisms are independent, Procurement oversight
mechanisms are not formalised. (j) Commercial negotiations by Contract Negotiation Committee (CNC).
processes. Parliament, the military, formalised processes. They may mechanisms are formalised, but
Or they are formalised but are There are no procurement 3. Vinod Rai, “CORE CONCERNS IN INDIAN DEFENCE AND THE
59A Independence business, or politically well-
connected individuals have no
be subject to occasional undue
influence from parliament, the
they may be subject to persistent
undue influence, e.g. by
dominated by undue influence and oversight mechanisms. 100 (k) Approval of the Competent Financial Authority (CFA). IMPERATIVES FOR REFORMS”, IDSA, 2015, pg. 310-322, accessed 12 May
are not independent due to 2019
undue influence on their military, business or politically parliament or the military.
widespread undue influence. (l) Award of contract/Supply Order (SO). https://idsa.in/system/files/book/Book_CoreConcernsinIndianDefence.pdf
performance. well-connected individuals.
(m) Contract Administration and Post-Contract Management. 4. Ministry of Defence Government of India, 7 January 2019, STANDING
COMMITTEE ON DEFENCE (2018-19) (SIXTEENTH LOK SABHA), accessed
12 May 2019
TOC when constituted must provide expert oversight over the technical http://164.100.47.193/lsscommittee/Defence/16_Defence_49.pdf
evaluation process. The DG (Acquisition) may constitute a TOC for acquisition
cases in excess of Rs 300 Crores and for any other case recommended by the
Defence Secretary/DPB/DAC. The oversight committee will check whether the
process of Fast Track Procedure (FTP) as per DPP has been followed and bring
out deviations, if any. The committee will also review and bring out the status of
grievances or complaints in the case. The Committee will submit the report to
Defence Secretary within 10 days of its constitution (1)(2).
Q59. Are defence
procurement In addition to the aforementioned, the Acquisition Wing is mandated with
oversight oversight. Further oversight comes from the Standing Committee on Defence,
mechanisms in CVC, CAG and at times PAC (3)(4). Procurement oversight mechanisms are
place and are thus formalised. These mechanisms are autonomous with regular activity. It is
these oversight unclear if their activity is immune from changes in government or Parliament.
mechanisms
active and
transparent?
Q59. Are defence
procurement
oversight
mechanisms in
place and are
these oversight
mechanisms
active and
transparent? 1. Ministry of Defence Government of India, 7 January 2019, STANDING
COMMITTEE ON DEFENCE (2018-19) (SIXTEENTH LOK SABHA), accessed
12 May 2019
http://164.100.47.193/lsscommittee/Defence/16_Defence_49.pdf
Procurement oversight mechanisms
are highly active in summoning
If there are no defence 2. Ministry of Defence Government of India, “Annual Report 16-17”, Appendix III
witness and documents, demanding Procurement oversight
Procurement oversight procurement oversight Procurement oversight mechanisms are robustly active. They engage in pg.211, accessed 12 May 2019
explanations, issuing mechanisms are active but they
59B Effectiveness
recommendations or conclusions do not consistently engage in all
mechanisms are highly inactive, or mechanisms, this sub-
not active at all. indicator should be marked
50 demanding explanations, issuing recommendations or conclusions that are
being followed or implemented [1][2][3].
https://mod.gov.in/sites/default/files/AnnualReport1617.pdf
that are being followed or the activities listed in score 4.
as Not Applicable. 3. Hindustan Times, 10 January 2019, “CAG report points to unfair process in e-
implemented, and they can exercise
procurement during BJP rule in Chhattisgarh”, accessed 12 May 2019
their ability to cancel projects.
https://www.hindustantimes.com/india-news/cag-report-points-to-unfair-process-
in-e-procurement-during-bjp-rule-in-chhattisgarh/story-
QeAAFfcITVnyvoQvNaEGlL.html
3. The Wire, 6 October 2016, “The State of Economic Decision Making Within
The process of defence acquisition in India is based on the fifteen years Long India's Armed Forces is Deteriorating”, accessed 10 May 2019
Term Integrated Perspective Plan (LTIPP), five years Services Capital https://thewire.in/economy/economic-decision-making-within-indian-armed-
Acquisition Plan (SCAP) and an Annual Acquisition Plan (AAP) from each of the forces-deteriorating
The Government publishes services [1][2]. As India does not have a National Defence Strategy, defence
Forward planning for potential There is no forward planning for
comprehensive forward planning for Forward planning for potential Forward planning for potential procurement can be reactionary [3]. 4. Ministry of Defence Government of India, 2013, “TECHNOLOGY
purchases extends less than 5 potential purchases, or it is less
potential purchases which extends purchases extends 10-15 years in purchases extends 5-9 years in PERSPECTIVE AND CAPABILITY ROADMAP (TPCR)”, accessed 24 August
60A Policies
10-15 years in advance, e.g. through advance, but it is rarely advance, and it is rarely
years in advance. There is no
strategic defence review or white
than a year in advance. There is
no strategic defence review or
75 Some information is publicly available in the Technology Perspective and 2019
a strategic defence review, white comprehensive. comprehensive. Capability Roadmap (TPCR) which gives an overview of equipment to be https://www.mod.gov.in/sites/default/files/TPCR13.pdf
paper. white paper.
paper or similar. inducted up to the late 2020s, so it's 10 to 15 years in advance [4][5]. Non-
Q60. Are sensitive defence tenders are published on the government’s Defence 5. Ministry of Defence Government of India, 2018, “TECHNOLOGY
potential defence eProcurement Portal [6]. The Indian Army regularly publishes tenders and RFIs PERSPECTIVE AND CAPABILITY ROADMAP (TPCR)”, accessed 24 August
purchases made on its website [7]. 2019
public? https://mod.gov.in/sites/default/files/tpcr.pdf
Data on tenders is available online. Non-sensitive defence tenders are published 2. Defence eProcurement Portal, accessed 16 February 2021
Data is almost always released in an on the government’s Defence eProcurement Portal and the Indian Army https://defproc.gov.in/nicgep/app
accessible format (e.g. excel file) provides information on its website under “Tenders/RFI” [1][2]. Information on
Data is sometimes released in an Data is rarely, if ever, released in
61B Accessible data which allows for useful comparisons
(e.g. how many tenders a company
accessible format. a accessible format. 0 annual defence purchases are available in annual ebooks published by the
government [3] and through official press releases [4]. No data seems to be
3. Ministry of Defence Government of India, India Stands Strong ebook,
“Defence Acquisition”, pg. 15, accessed 12 May 2019
has won). available in an accessible format such as an Excel sheet which allows for https://mod.gov.in/ebook-2018/mod-ebook.html#p=15
comparisons.
4. Press Information Bureau Government of India, “Ultra Light Howitzers”,
December 2nd, 2016, accessed 12 May 2019
http://pib.nic.in/newsite/PrintRelease.aspx?relid=154790
Bidders and the Ministry of Defence (MoD) need to sign an Integrity Pact
committing to not offering or accepting bribes, ensuring integrity in public
procurement for all capital procurement/schemes of Rs. 20 crores and above.
Submission of Integrity Pact Bank Guarantee (IPBG) is needed. The Seller must
confirm and declare to the Buyer that it is the original manufacturer of the stores
1. Bharat Electronics Limited, “INTEGRITY PACT AND IEMS”, accessed 10 May
There are laws and procedures contracted and that no third party has been engaged who can influence or
2019
detailing how the government manipulate award of the contract, or indulge in corrupt and unethical practices.
There are laws and procedures http://www.bel-india.in/ContentPage.aspx?MId=27&CId=4195&LId=1&link=4195
discriminates in its selection of Penal provisions are included in Standard Clauses of Contract for use of undue
detailing how the government
suppliers and sub-contractors on the influence including engagement of agents. Violation of the Pre Contract Integrity
discriminates in its selection of 2. Press Information Bureau Government of India, 18 July 2018, “Corruption in
basis of their integrity. For example, Pact (PCIP) may result in cancellation of the contract, encashment of bank
suppliers and sub-contractors on There may be laws and There are no laws or procedures There are no laws or procedures Defence Deals”, accessed 10 May 2019
suppliers and sub-contractors are guarantee and debarment from future procurement. Vigilance status of L1
Q62. What the basis of their integrity. procedures detailing how the detailing how the government detailing how the government http://www.pib.nic.in/Pressreleaseshare.aspx?PRID=1539032
required to show that they have a vendor before seeking Competent Financial Authority (CFA) approval is also
procedures and Companies may be required to government discrminates in its discriminates in its selection of discriminates in its selection of
formal and publicly declared anti- prescribed in the Defence Procurement Procedure (DPP). All vendors including
show that they have a formal and selection of suppliers and sub- suppliers and sub-contractors, but suppliers and sub-contractors, and 3. Ministry of Defence Government of India, 2016, “Defence Procurement
standards are
companies
62A Formal policies corruption programme in place that
adheres to minimum standards
publicly declared anti-corruption contractors. Some anti-corruption periodically suppliers or sub- suppliers or sub-contractors are 50 foreign vendors need to disclose full details of any such person, party, firm or
institution engaged by them for marketing of their equipment in India, either on a
Procedure 2016 Capital Procurement (Incorporating all amendments upto 30
required to have programme in place, but some standards are included in the main contractors may be required to not required to sign anti-corruption April 2019), accessed 10 May 2019
established and specified by the country specific basis or as a part of a global or regional arrangement [1][2][3].
– such as minimum standards are not contract or subcontracts sign anti-corruption clauses in clauses in contracts with the https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
procurement authority. The
compliance specified. These standards are throughout the supply chain. contracts with the government. government.
substance of the programme and There is no evidence suggesting that companies are required to show that they
programmes and included in the main contract as 4. Government of India Ministry of Finance, 2017, “Manual for Procurement of
standards are included in the main have a formal and publicly declared anti-corruption programme in place that
business well as subcontracts throughout Goods”, pg. 25-26, accessed 23 August 2019
contract as well as subcontracts adheres to minimum standards established and specified by the procurement
conduct the supply chain. https://doe.gov.in/sites/default/files/Manual%20for%20Procurement%20of
throughout the supply chain. authority. As alluded to in Q. 57, bidders must adhere to the Code of Integrity for
programmes – in %20Goods%202017_0_0.pdf
Public Procurement (CIPP). Prohibited practices in the CIPP comprehensively
order to be able cover corrupt practice, fraudulent practice, anti-competitive practice, coercive
to bid for work practice, obstructive practice and conflict of interest. Indulgence in any of the
for the Ministry aforementioned can lead to punitive measures such as cancellation of contracts
of Defence or and debarring in parallel to legal provisions that are applicable [4].
armed forces?
1. Press Information Bureau Government of India, “Corruption in Defence
Deals”, July 18th, 2018, accessed May 10th, 2019
http://www.pib.nic.in/Pressreleaseshare.aspx?PRID=1539032
There is some evidence that the procedures outlined above are implemented.
The government endeavours to ensure procedures will demonstrate the highest
2. Central Bureau of Investigation, “CBI REGISTERS A CASE AGAINST A
degree of probity and public accountability, transparency in operations, free
PRIVATE PERSON; TWO FIRMS BASED AT BRAZIL & SINGAPORE AND
There is evidence that these competition and impartiality. In 2016, the CBI registered four cases of corruption
If there are no such policies UNKNOWN OTHERS RELATING TO SUPPLY OF THREE MODIFIED EMB-
There is evidence that these policies policies and laws are consistently There is evidence that these There is evidence that these There is evidence that these in defence deals. Six firms were debarred from further business dealings with
Consistent and laws, this sub-indicator 145 AIRCRAFT”, October 21st, 2016, accessed May 10th, 2019
62B
implementation
and laws are consistently
implemented, including for
implemented, but not always i.e. policies and laws are sometimes
for strategically important implemented.
policies and laws are rarely
implemented.
policies and laws are not
implemented.
should be marked Not 50 Ministry of Defence for a period of ten years. This was further made applicable
to all allied/subsidiary firms of each of the debarred firms. Orders were issued
http://cbi.gov.in/pressreleases/pr_2016-10-21-1.php
Applicable
strategically important suppliers. suppliers. restricting procurement from two firms. Two firms have been taken off from the
3. Ministry of Defence Government of India, “Details of firms debarred/put on
list of restricted procurement based on a closure report filed by the investigating
hold/suspended etc. from doing business with MoD”, February 19th, 2018,
agency and acceptance by the Court (1)(2)(3). One cannot ascertain if
accessed May 10th, 2019
procedures are consistently implemented encompassing strategic suppliers too.
https://mod.gov.in/sites/default/files/firmshold.pdf
India currently does not have a public National Security Strategy [1]. This
document is reported to be under review within government. The IISS Military
Balance 2019 states that the overall capability of the conventional forces is
limited by inadequate logistics, maintenance and shortages of ammunition and
spare parts. India continues to modernise its conventional military capabilities
and its nuclear forces, particularly its delivery systems, but many equipment
projects have experienced significant delays and cost overruns, particularly 1. Vinod Misra, “CORE CONCERNS IN INDIAN DEFENCE AND THE
indigenous systems [2]. The government’s ‘Make in India’ policy aims to IMPERATIVES FOR REFORMS”, IDSA, 2015, pg. xxiii, accessed 12 May 2019
strengthen the defence-industrial base in line with its core objective of self- https://idsa.in/system/files/book/Book_CoreConcernsinIndianDefence.pdf
reliance.
2. Interviewee 4: South Asia Research Analyst, Geopolitical Think Tank, London,
The MoD does have a procurement planning process which is based around 12 May 2019
long-term, medium-term and short-term perspectives. The process is as follows:
3. Ministry of Defence Government of India, 2016, “Defence Procurement
It is impossible to assess whether
- (a) 15 years Long Term Integrated Perspective Plan (LTIPP). (b) 5 years Procedure 2016 Capital Procurement (Incorporating all amendments upto 30
procurement requirements derive
Procurement requirements are in Services Capital Acquisition Plan (SCAP). (c) Annual Acquisition Plan (AAP). April 2019), accessed 12 May 2019
from a national defence and
Procurement requirements are part derived from a national Procurement requirements are in - Based on the Defence Planning Guidelines, Headquarters Integrated Defence https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
Procurement requirements are security strategy, even if a national
derived from a national defence defence and security strategy. If theory formally derived from a Staff (HQ IDS), in consultation with the Service Headquarters (SHQs), would
derived from a national defence and strategy exists. There is no formal
Procurement and security strategy, but there the strategy is weak, vague or not national defence and security formulate the 15 years LTIPP for the Armed Forces. 4. Interviewee 4: South Asia Research Analyst, Geopolitical Think Tank, London,
63A
requirements
security strategy, and there is logical
flow down from strategy to individual
may be occasions where sufficient to derive procurement strategy. The strategy is likely to
procedure in place for defining
purchase requirements. Or the
0 - The Five Year Defence Plans for the Services would also be formulated, by 12 May 2019
procurements are not justified requirements, work to quantify the be weak, vague or insufficient to HQ IDS, which would include requirements for the next five years under the
procurement with no exceptions. defence strategy may be secret so
based on the national strategy. need for significant purchases is derive procurement requirements. SCAP. The SCAP should indicate the list of equipment to be acquired, keeping 5. Press Information Bureau Government of India, 3 May 2018, “Inaugural
it is impossible to verify how
occasionally conducted. in view operational exigencies and the likely availability of funds. - The planning meeting of the Defence Planning Committee”, accessed 12 May 2019
procurement requirements are
process would be under the overall guidance of the Defence Acquisition Council http://pib.nic.in/newsite/PrintRelease.aspx?relid=179109
derived.
(DAC); its decisions, as approved by the Defence Minister, will flow down for
implementation to the Defence Procurement Board (DPB) (3)(4). 6. Harsh V. Pant, 17 October 2018, “Modi govt streamlining national security
planning”, accessed 12 May 2019
There has been criticism in inner circles that in the absence of defence https://www.orfonline.org/research/modi-govt-streamlining-national-security-
acquisition training for personnel involved in procurement, the procurement planning-45037/
procedure has its flaws.
The Modi government has started to streamline national security planning. This
includes the establishment of a Defence Planning Committee (DPC) comprising
the chairman of the chiefs of staff committee, three service chiefs, the defence,
expenditure and foreign secretaries, under the national security adviser; and the
formation of the three Tri-Services agencies for cyber, space, and special
operations across all branches of the Armed Forces (5)(6).
Q63. Are
procurement
requirements
derived from a
national defence
and security
strategy, and are
procurement
decisions well-
audited? Are
defence
purchases based
on clearly
identified and
quantified
requirements?
Q63. Are
procurement 1. Rahul Singh, 14 February 2019, “CAG points to flaws in defence
requirements procurement”, Hindustan Times, accessed 12 May 2019
derived from a https://www.hindustantimes.com/india-news/cag-points-to-flaws-in-defence-
national defence procurement/story-YiAbBV6GptbMbps9Q0Sv0J.html
and security
strategy, and are 2. Ministry of Defence Government of India, “Defence Procurement Procedure
procurement 2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
decisions well- accessed 12 May 2019
Scrutiny is occasionally conducted As alluded to in Q.59, scrutiny is conducted actively by a number of legally or
audited? Are There is active scrutiny conducted https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
by a number of legally or constitutionally mandated oversight mechanisms such as CAG and the
defence by a number of legally or
constitutionally mandated Acquisition Wing [1]. According to the DPP-2016, the MoD can exercise its right
purchases based constitutionally mandated oversight 3. Interviewee 4: South Asia Research Analyst, Geopolitical Think Tank, London,
oversight mechanisms (e.g. the to conduct an audit of all certifications and costs relevant to indigenous content
on clearly mechanisms (e.g. the parliamentary 12 May 2019
parliamentary oversight at all or any stages (tiers) of manufacturing/production/assembly, starting from
oversight committee, the inspector There is no scrutiny of actual
identified and
quantified
63B Scrutiny
general, or the national audit office)
committee, the inspector general,
or the national audit office) to
purchases. 75 the prime (main) contractor downwards. The audit(s) could be conducted by the
Ministry itself and/or by an agency/institution/officer(s) nominated by the
4. Ministry of Defence Government of India, “Annual Report 16-17”, Appendix III
requirements? to confirm that procurement is in line pg. 211, accessed 2 February 2019
confirm that procurement is done Ministry, as may be decided by the Ministry [2][3][4]. However, the oversight
with national security strategy or that https://mod.gov.in/sites/default/files/AnnualReport1617.pdf
in line with national security agencies do not generally question the quantity. This scrutiny is the prerogative
work is undertaken to quantify the
strategy or that work is undertaken of the MoD. There is no National Security Strategy against which the quantity
need for purchases. 5. Vinod Misra, 2015, “CORE CONCERNS IN INDIAN DEFENCE AND THE
to quantify the need for purchases. can be benchmarked [5][6].
IMPERATIVES FOR REFORMS”, IDSA, pg. xxiii, accessed 12 May 2019
https://idsa.in/system/files/book/Book_CoreConcernsinIndianDefence.pdf
1. The Economic Times, 13 July 2018, “Rigid rules trip Modi's $250 billion plan
to modernise India's defence”, accessed 12 May 2019
https://economictimes.indiatimes.com/news/defence/rigid-rules-trip-modis-250-
billion-plan-to-modernise-indias-defence/articleshow/60370605.cms?from=mdr
1. The Wire, 17 November 2018, “Full Text of Modi Government's Note on How
it Decided to Buy 36 Rafale Jets”, accessed 26 August 2019
https://thewire.in/government/full-text-of-modi-governments-note-on-how-it-
decided-to-buy-36-rafale-jets
2. CAG, 2016, “Report of the Comptroller and Auditor General of India for the
year ended March 2015”, pg. 95, accessed 10 May 2019
All single source and restricted https://cag.gov.in/sites/default/files/audit_report_files/
All single/sole source and Single-source defence procurement statistics are not readily available. However,
competition procedure contracts Oversight agencies have some Union_Government_Defence_Services_Army_Ordnance_Factories_and_Defen
Scrutiny of restricted competition procedure Oversight agencies have powers as noted in indicator 64A, the government has stated on record recently that
must be justified and subject to powers to question Oversight agencies have no ce_PSUs_Report_19_2016.pdf
single/restricted contracts are justified to external to question the competition 40% of defence procurement is through Inter-Governmental Agreements (IGAs)
64B
competition
external scrutiny (such as
parliament or the external audit
scrutiny who have powers to procedure selected and actively
single/sole/restricted competition
procedure selected or purchase
powers to question single/sole or
restricted competition procedures.
50 [1]. Single/sole source and restricted competition procedure contracts are
3. Competition Commission of India, 2018, “Towards Competitive Tenders:
procedures question the competition do so in a number of cases. subject to external scrutiny by the CAG and the CCI [2][3]. There is recent
office), who have the power to reject and occasionally do so. Diagnostic Tool for Procurement Officers”, accessed 10 May 2019
procedure selected. evidence of this [4].
the competition procedure selected. https://www.cci.gov.in/sites/default/files/whats_newdocument/Final
%20Diagnostic%20Tool%2019032018-1.pdf
4. Manu Pubby, 13 February 2019, “Rafale CAG report: A mixed bag for both
opposition
1. Ministry and government”,
of Defence The Economic
Government Times, accessed
of India, “Defence 26 August
Procurement 2019
Procedure
https://economictimes.indiatimes.com/news/defence/rafale-cag-report-a-mixed-
2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
bag-for-both-opposition-and-government/articleshow/67972931.cms
accessed 10 May 2019
Officials with a role in designing tender specification, or in tender board https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
decisions, are subject to clear regulations and codes of conduct that are
Officials with a role in designing designed to prevent conflict of interest [1]. The 2017 Manual for Procurement of 2. Ministry of Finance Government of India, 2017, “Manual for Procurement of
tender specification, or in tender Goods outlines the Code of Integrity for Public Procurement (CIPP) and states Goods”, pg.25, accessed 10 May 2019
Officials with a role in designing
board decisions, are subject to that: https://doe.gov.in/sites/default/files/Manual%20for%20Procurement%20of
tender specification, or in tender
regulations or codes of conduct that %20Goods%202017_0_0.pdf
board decisions, are subject to Officials with a role in designing
are designed to prevent conflict of “Procuring authorities as well as bidders, suppliers, contractors and consultants
regulations or codes of conduct tender specification, or in tender
interest. Procurement officials are Officials with a role in designing should observe the highest standard of ethics and should not indulge in the 3. Ministry of Finance Government of India, “Training Programs on Public
that are designed to prevent board decisions, are subject to
subject to restrictions on tender specification, or in tender following prohibited practices, either directly or indirectly, at any stage during the Procurement for Government Officers at NIFM Faridabad”, 6 December 2018,
conflict of interest. Procurement regulations or codes of conduct Officials with a role in designing
professional activity (e.g., board decisions, are subject to procurement process or during execution of resultant contracts: accessed 10 May 2019
officials are subject to restrictions that are designed to prevent tender specification, or in tender
shareholders of contracting firms, regulations or codes of conduct i) Corrupt practice https://doe.gov.in/sites/default/files/Training%20Programs%20on%20public
on professional activity (e.g., conflict of interest. Procurement board decisions, are not subject to
65A Conflicts of interest board member, advisor, or company
officer of private firm, post-
shareholders of contracting firms, officials may be subject to some
that are designed to prevent
conflict of interest. Procurement
any regulations or codes of 75 ii) Fraudulent practice
iii) Anti-competitive practice
%20procurement%20for%20government%20officers%20at%20National
%20Institute%20of%20Financial%20Management%20%28NIFM%29%2C
board member, advisor, or vague restrictions on professional conduct to prevent conflict of
employment, etc.) and are required officials may be subject to some iv) Coercive practice %20Faridabad.pdf
company officer of private firm, activity. Training is provided to interest.
to file financial disclosure reports to vague restrictions on professional v) Conflict of interest
post-employment, etc.) but are not procurement officials to avoid
demonstrate that neither the official activity. No training is provided. vi) Obstructive practice” [2] 4. NIFM, “Training Program on Public Procurement (Basic)”, accessed 10 May
required to file financial disclosure conflicts of interest, but it is not
nor his or her family have financial 2019
reports. Annual training is regularly conducted.
conflicts of interest in their work. There is evidence of procurement officials undergoing training at the National https://eprocure.gov.in/cppp/trainingdisp/
provided to procurement officials
Annual training is provided to Institute of Financial Management. Training provided is 'basic' and advanced, kbadqkdlcswfjdelrquehwuxcfmijmuixngudufgbuubgubfugbububjxcgfvsbdihbgfGh
to avoid conflicts of interest.
procurement officials to avoid and is delivered throughout the year [3][4]. Procurement officials are prohibited dfgFHytyhRtODY=
conflicts of interest. from having financial or business transactions with a bidding firm, therefore any
professional activity. They are obliged suo-moto to proactively declare any 5. Ministry of Finance Government of India, 2017, “Manual for Procurement of
Q65. Are tender conflicts of interest [5]. Goods”, pg.26, accessed 10 May 2019
boards subject to https://doe.gov.in/sites/default/files/Manual%20for%20Procurement%20of
regulations and %20Goods%202017_0_0.pdf
codes of conduct
and are their
decisions subject 1. Comptroller and Auditor of India, March 2016, “Report of the Comptroller and
to independent There is an audit trail of which Auditor General of India”, accessed 10 May 2019
There is a comprehensive audit trail There is some audit trail of which
audit to ensure officials were involved in selecting The tender board officials do not There is no audit trail that Tender boards are subject to regular auditing by the Comptroller and Auditor https://cag.gov.in/uploads/download_audit_report/2017/
of which officials were involved in officials were involved in selecting This indicator refers to the
due process and suppliers and designing tender keep satisfactory records of the oversight agencies can access, General (CAG). The Central Vigilance Commission (CVC) conducts regular Report_No.15_of_2017_Compliance_audit_Union_Government_Army_and_Ord
selecting suppliers and designing suppliers and designing tender quality of evidence employed
specification;but which is missing tender process and, therefore, it is which details individuals involved review meetings and conducts a technical examination of public procurement. It nance_Factories_Reports_of_Defence_Services.pdf
fairness? 65B Audit Trail tender specification. There is also an
audit trail of which officials (including
some information. There is also an
specification. There might not be
an audit trail of which officials
difficult for oversight agencies to in setting tender specifications,
for external scrutiny of tender
specifications and tender
50 consults the Ministry and the Central Bureau of Investigation (CBI). It is unclear
audit trail of which officials access a comprehensive audit supplier selection and tender if the audit trail comprehensively states names of all officials, including 2. Central Vigilance Commission, “Monthly Performance Report”, accessed 10
politicians) are involved in tender (including politicians) are involved award decisions. 1. Ministry
(including politicians) are involved trail. award. politicians, who were involved in tender award decisions [1][2]. May 2019 of Defence Government of India, “Defence Procurement Procedure
award decisions. in tender award decisions. 2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
in tender award decisions. http://www.cvc.nic.in/?q=reports/monthly-performance-reports
accessed 10 May 2019
https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
1.
4. Comptroller and Auditor
Central Vigilance of India,“Tender
Commission, March Guidelines”,
2016, “Report of the Comptroller
accessed 10 May 2019and
Auditor General of India”, accessed 10 May 2019
https://cvc.gov.in/?q=guidelines/tender-guidelines
https://cag.gov.in/sites/default/files/audit_report_files/
There is some external verification This indicator refers to the Report_No.15_of_2017_Compliance_audit_Union_Government_Army_and_Ord
There is robust external verification There is no external verification Tender boards are subject to regular auditing by CAG. The CVC conducts
that the particular specifications of strength of external nance_Factories_Reports_of_Defence_Services.pdf
65D Scrutiny that the particular specifications of
the tender are appropriate.
the tender are appropriate, but it is
that the particular specifications of
the tender are appropriate.
verification of tender 50 regular review meetings and conducts a technical examination of public
procurement. It consults the Ministry and the CBI. [1][2].
not comprehensive. specifications. 2. Central Vigilance Commission, “Monthly Performance Report”, accessed 10
May 2019
https://cvc.gov.in/?q=reports/monthly-performance-reports
It is stated that:
“(a) Simple Projects. Projects involving one time off the shelf buys, without any
design and development, shall be reviewed by the Acquisition
Manager/equivalent service officer in the SHQ.
(b) Complex Projects. Projects which require design, development and testing in
consultation with the users, with likely ToT and have enlarged scope in terms of
basic
complexities, depth of design and development and consideration of a large
number of participants, would be reviewed by a steering committee headed by
DG (Acquisition) in the MoD or Principal Staff Officer (PSO) at SHQ, with
1. Ministry of Defence Government of India, “Defence Procurement Procedure
members from MoD, MoD (Fin), Defence Research and Development
There are formal policies and 2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
Organisation (DRDO), Department of Defence Production (DDP) and SHQ. In
procedures that outline how to pg.6, 29, 174 and 398, accessed 19 May 2019
There are no formal policies or such cases, the Acquisition Wing will submit quarterly Contract Implementation
monitor, assess and report upon a There are some formal policies https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
procedures that outline how to Reports
Reporting policies & supplier's service and or delivery and procedures but they do not
67A
procedures obligations. These include resolution address all the activities listed in
monitor, assess and report upon a 100 (CIR) to the DPB.
2. Ministry of Defence Government of India, “Defence Procurement Procedure
supplier's service and or delivery
or sanctioning procedures for score 4. 2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
obligations. 95. Equipment Induction Cells (EICs). EICs will be raised for major projects on a
incomplete or inadequate service pg.162-192, accessed 27 August 2019
caseto-case basis in SHQ at the discretion of SHQ. The EICs will deal with the
delivery. https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
induction of major
equipment and help in planning the requirement of facilities essential for the
serviceability and maintainability aspect of that acquisition.
The DPP has provisions on Commercial Clauses and Standard Clauses of the
Contract that address delivery obligations [1][2].
Contract modifications post award 1. The Times of India, 3 January 2018, “India has cancelled $500 million defence
All contracts are publicly available
(such as change of sub-contractor, deal, says Israeli arms firm”, accessed 19 May 2019
including modifications post award
change of beneficial owner, https://timesofindia.indiatimes.com/india/israels-rafael-says-india-cancels-order-
(such as change of sub-contractor,
additional costs, such as a Contract modifications post award for-spike-anti-tank-missile/articleshow/62351673.cms
change of beneficial owner,
consultant) are not always publicly are mostly publicly available but
additional costs, such as a Information is rarely released on There is not much information publicly available pertaining to contract failures
available, and sometimes in always in redacted format. There is no transparency in the 2. Anna Ahronheim, 21 April 2019, “INDIA APPROVES 'EMERGENCY
consultant) are publicly available contract failures and modifications and modifications. There are a few reports in the media such as the on-off-on
67B Transparency
alongside the original contract award
redacted form, alongside the
original contract award enabling
Oversight agencies receive limited
information that would enable
post award. Oversight agencies
reporting and delivery obligations
of contractors.
25 deal with Israel for Spike missiles [1][2]. These rarely contain contractual
PURCHASE' OF ISRAELI-MADE SPIKE MISSILES”, The Jerusalem Post,
accessed 19 May 2019
Q67. Are there enabling scrutiny and oversight of receive limited information. insights such as reasons for delay and defaults.
scrutiny and oversight of changes. them to scrutinise quality of https://www.jpost.com/Israel-News/India-approves-emergency-purchase-of-
mechanisms and changes. Oversight agencies 1. Ministry of Defence Government of India, “Defence Procurement Procedure
Oversight agencies receive some product and service delivery. Israeli-made-SPIKE-Missiles-587482
procedures that receive information on and scrutinise 2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
information that would enable
ensure that quality of product and service pg.29, accessed 19 May 2019
them to scrutinise quality of
contractors meet delivery. There are elements of monitoring. The Acquisition Wing submits quarterly https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
their obligations Officials regularly produce contract product and service delivery.
Contract Implementation Reports (CIR) to the DPB [1]. The MoD at any
on reporting and monitoring and completion reports.
stage/tier of production can request for an audit. As per the DPP, the MoD's 2. Ministry of Defence Government of India, “Defence Procurement Procedure
delivery? These include supplier and
procurement procedures stipulate stern action against bidders’ 2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
subcontractors performance Officials conduct some of the Procurement offices are not
non-fulfilment/performance of contract provisions. Provisions include Liquidated pg. 116, accessed 27 August 2019
67C Monitoring appraisals, which is separately activities listed in score 4, but not conducting reporting and delivery 50 Damages (LD) and in extreme cases- cancellation of the contract [2]. https://mod.gov.in/sites/default/files/Update060519_0.pdf
verified. If the contract was not on a regular basis. obligations at all.
sufficiently completed, action is
It was reported in 2018 that MoD has begun to build IT systems that would help 3. Surabhi Agarwal, “Ministry of Defence project to add tech muscle to arms
taken for breach of contract.
streamline procurement and enable quicker decision-making [3]. procurement”, The Economic Times, updated July 11th, 2018, accessed May
19th, 2019
https://economictimes.indiatimes.com/news/defence/ministry-of-defence-project-
to-add-tech-muscle-to-arms-procurement/articleshow/63262840.cms?from=mdr
mechanisms and
procedures that
ensure that
contractors meet
their obligations
on reporting and
delivery?
2. Manu Pubby, 4 September 2018, “Upset over offsets: India, US to fix old
problem to take ties to new heights”, The Economic Times, accessed 13 May
2019
There is strong evidence of enforcement in cases of corrupt practices and failure
https://economictimes.indiatimes.com/news/politics-and-nation/upset-over-
to meet offset obligations [1][2]. The deficiency seems to lay in the timely
offsets-india-us-to-fix-old-problem-to-take-ties-to-new-heights/articleshow/
fulfilment of obligations on delivery by contractors. Resolution or sanctioning
65664071.cms
procedures for incomplete or inadequate service delivery though in existence,
are not effectively carried out. In a January 2019 report from the Standing
3. Ministry of Defence Government of India, 7 January 2019, “FORTY-NINTH
Committee on Defence, it was stated by the Committee that it observed delays
REPORT STANDING COMMITTEE ON DEFENCE (2018-19) (SIXTEENTH
in projects referencing the DRDO and went on to state in Recommendation
LOK SABHA)”, accessed 19 May 2019
(Para No. 21 ):
http://164.100.47.193/lsscommittee/Defence/16_Defence_49.pdf
“… accountability has to be bestowed at some level for the continued delays.
4. Dalip Bhardwaj, 7 May 2018,“‘Make in India’ in defence sector: A distant
Such a dismal scenario cannot be allowed to go on perpetually and wastage of
dream”, ORF, accessed 27 August 2019
resources cannot be taken for granted as a routine phenomenon. The
https://www.orfonline.org/expert-speak/make-in-india-defence-sector-distant-
Committee have also
dream/
been informed that various measures are being taken to curb delays that are a
regular feature. However, the Committee would like to emphasise that the efforts
5. The Economic Times, 2 January 2019, “Indian Army's Rs 60,000-crore FICV
Most breaches of contract are should bear the desired results. Therefore, an inherent system needs to be
project stuck in procedural delays: Official sources”, accessed 19 May 2019
All breaches of contract are Most breaches of contract are adequately acted upon. Issues are developed where specific roles and responsibilities are demarcated and
https://economictimes.indiatimes.com/news/defence/indian-armys-rs-60000-
adequately acted upon. Issues are adequately acted upon. Issues are either dealt with internally, or specified within the organizational structure of DRDO. The progress made in the
crore-ficv-project-stuck-in-procedural-delays-official-sources/articleshow/
either dealt with internally, or raised either dealt with internally, or raised with higher management in direction may be brought to the knowledge of the Committee.”
67349313.cms
with higher management in the raised with higher management in the ministry. However where Few breaches of contract are It is not clear if breaches of
67D Enforcement
ministry. If not resolved, issues are the ministry. If not resolved, issues issues are unresolved, they are adequately acted upon. contract are acted upon. 50 The government replied stating that and concluded:
6. Anurag Kotoky & Iain Marlow, 20 February 2019, “Elusive $15 billion arms
referred for further external scrutiny are referred for further external not generally referred for further
deal frustrates Boeing to Lockheed”, The Economic Times, accessed 19 May
e.g. to the national audit office and scrutiny e.g. to the national audit external scrutiny e.g. to the “…It is submitted that, it is difficult to fix accountability solely on DRDO as our
2019
defence committee. office and defence committee. national audit office and defence projects are dependent on number of external agencies including Users,
https://economictimes.indiatimes.com/news/defence/elusive-15-billion-arms-
committee. Production/QA agencies, Certification agencies etc.” [3]
deal-frustrates-boeing-to-lockheed/articleshow/68073690.cms?from=mdr
Delays in delivery seem to be endemic; this could be attributed to complexity of
7. Dinakar Peri, 11 February 2018, “Inter-Governmental Agreements, the
procurement procedures exhaustively outlined in the DPP and bureaucracy [4]
preferred route for defence deals”, The Hindu, accessed 19 May 2019
[5][6]. Purchases made through IGAs seems to have faster delivery and are the
https://www.thehindu.com/news/national/inter-governmental-agreements-the-
preferred route [7]. Examples of speedy delivery include M777A2 Ultra
preferred-route-for-defence-deals/article22723261.ece
Lightweight Howitzers where the deal was signed in 2016 and delivery received
in 2018; and the Dassault Rafale fighter jets where the new deal was signed in
8. BAE, 9 November 2018, “Indian Army inducts its first M777 Ultra Lightweight
2016 and delivery of the first jet will be shortly, in October 2019 followed by
Howitzers”, accessed 27 August 2019
additional jets in May 2020 [8][9].
https://www.baesystems.com/en/article/indian-army-inducts-its-first-m777-ultra-
lightweight-howitzers
Enforcement mechanisms for reporting and delivery do exist through a number
of contractual provisions such as LD, Performance Bank Guarantee, Pre-
9. Rajat Pandit, 10 September 2019, “With first Rafale to be delivered next
Dispatch Inspection, suspension and blacklisting [10]. The full extent of
month, IAF resurrects "Golden Arrows" Squadron”, The Times of India,
enforcement on defaulting on timely delivery is unclear.
accessed 10 September 2019
https://timesofindia.indiatimes.com/india/with-first-rafale-to-be-delivered-next-
month-iaf-resurrects-golden-arrows-squadron/articleshow/71068507.cms
(i) Acquisition Wing will forward the complaints to respective CFAs in the
SHQ/IDS/CGHQ.
(ii) The CFA will direct the concerned Directorate (of SHQ/IDS/CGHQ as the
case may be) to enquire and submit a factual report on the complaint. The CFA
will get the factual report examined and dispose off the complaint by taking
appropriate action after having obtained opinion of Ombudsmen wherever so
required.
19.3. Complaints related to the procurement cases other than those under 2. Manu Pubby, 11 July 2018, “Defence Ministry to ignore anonymous
delegated powers will be processed in the following manner:- complaints; new guidelines to speed up procurement”, The Economic Times,
Formal mechanisms are in place to In the case of no formal
accessed 10 May 2019
allow companies to complain about mechanisms, informal Complaints mechanisms
Companies have no opportunity to (i) Complaints relating to the capital acquisition will be marked to the Acqn Wing https://economictimes.indiatimes.com/news/defence/defence-ministry-to-ignore-
Complaints perceived malpractice in communication channels are used may be specific to defence
68A
mechanisms procurement. This may include both by companies to complain about
complain about perceived
malpractice in procurement.
procurement or intended for 100 for further processing. In the Acqn Wing, the complaints related to technical
aspects, i.e., RFP, TEC, FET etc will be handled by respective TMs, and those
anonymous-complaints-new-guidelines-to-speed-up-procurement/articleshow/
49329946.cms?from=mdr
a court process and an internal perceived malpractice in all procurement processes.
pertaining to other procurement stage(s) after FET, i.e., CNC stage, will be
complaints mechanism. procurement.
handled by respective JS&AMs. 3. The Economic Times, 9 September 2018, “'Innuendoes' against defence
(ii) The TMs/JS&AMs, as the case may be, will forward the complaint to the contractors can't be basis to blacklist them: HC”, accessed 10 May 2019
concerned SHQ for comments/factual report. The concerned SHQ will get the https://economictimes.indiatimes.com/news/defence/innuendoes-against-
Q68. Are there
complaint examined and, with the approval of PSO, forward its defence-contractors-cant-be-basis-to-blacklist-them-hc/articleshow/
mechanisms in
comments/recommendations to the concerned TM/JS&AM, as the case may be. 65741876.cms?from=mdr
place to allow
All the above activities at SHQ will be completed within 30 days of receipt of
companies to
complaint.
complain about
(iii) The TM/JS&AM will further examine/analyse the comments forwarded by
perceived
SHQ. They may obtain views/advice of the concerned FMs in MoD (Finance),
malpractice in
wherever so required, and thereafter will submit the file with their
procurement,
recommendations for approval of RM. Complaints by competing vendors shall
and are
be disposed off as per procedure given at Para 16 above.
companies
(iv) Complaints received from public representatives/VIPs will also be examined
protected from
and processed in a similar manner and, in addition to the acknowledgement as
discrimination
per Appendix ‘A’, a reply to the complainant would also be submitted for
when they use
consideration of Defence Minister/Defence Secretary, as the case may be,
these
as required under the procedure for the disposal of VIP references
mechanisms?
(v) All the above activities will be generally completed within a period of 60 days
of receipt of complaint.” [1][2] This is then followed by addressal by
Ombudsmen.
There is no comprehensive central legislation which exclusively covers public 2. India Code, "Sale of Goods Act, 1930", accessed 10 May 2019
procurement in the defence and security sector. Offending suppliers are https://indiacode.nic.in/bitstream/123456789/2390/1/A1930-3.pdf
punishable primarily under the Prevention of Corruption (Amendment) Act, 2018
[1]. The Sale of Goods Act, 1930 and the Arbitration and Conciliation Act 3. Arbitration and Conciliation Act (Amendment) Act, 2015, accessed 10 May
(Amendment) Act, 2015 could also be applied [2][3]. 2019
There is clear legislation and
https://upload.indiacode.nic.in/showfile?
implementing guidelines Procurement officials have limited
As of 2016, the Ministry of Defence published guidelines on Penalties in actid=AC_CEN_3_46_00004_199626_1517807323919&type=statute&filename=
empowering procurement officials to authority to exclude companies Procurement officials have no
Business Dealings with Entities which encompasses capital and revenue arbi%20amend%202015.pdf
exclude companies and senior and senior company officials authority to exclude companies or
69A Sanctions
company officials where there is a where there is a conviction or individuals implicated in bribery or 50 procurement of goods and services. Sanctions stated include suspension,
banning and financial penalties. The ban period has been reduced from 10 to 5 4. Ministry of Defence Government of India, 7 Novermber 2016, “Guidelines of
conviction or credible evidence of reasonable evidence of bribery & corruption related offences.
years [4]. the Ministry of Defence for Penalties in Business Dealings with Entities”,
bribery & corruption related corruption related offences.
accessed 10 May 2019
offences.
Violation of the Pre-Contract Integrity Pact (PCIP) may result in cancellation of https://mod.gov.in/dod/sites/default/files/guideentities.pdf
the contract, encashment of bank guarantee and debarment from future
procurement. Violation of Integrity Pacts can lead to sanctions such as 5. Press Information Bureau Government of India, 18 July 2018, “Corruption in
blacklisting and heavy fines [5][6]. Defence Deals”, accessed 10 May 2019
http://www.pib.nic.in/Pressreleaseshare.aspx?PRID=1539032
1. Vinay Kumar, “Chargesheet filed against Hindujas in Bofors case”, The Hindu,
October 9th, 2000, accessed 11 May 2019
https://www.thehindu.com/thehindu/2000/10/10/stories/01100007.htm
Q69. What
sanctions are
2. Ruchi Bambha, 18 July 2018, “Five things to know about AgustaWestland
used to punish
VVIP chopper scam”, The Economic Times, accessed 11 May 2019
the corrupt
https://economictimes.indiatimes.com/news/defence/five-things-to-know-about-
activities of a
agustawestland-vvip-chopper-scam/articleshow/51992563.cms
supplier?
In the past, there is evidence of undue political influence, notably in the Bofors 3. Alasdair Pal, 31 January 2019, “Court holds two more people sent from UAE
scandal where the then Prime Minister Rajiv Gandhi was implicated. After a in AgustaWestland helicopter bribery case”, Reuters, accessed 11 May 2019
If procurement officials have change in hands in power to the BJP, the CBI filed chargesheets against the https://in.reuters.com/article/india-agustawestland/court-holds-two-more-people-
Cases are investigated or
no authority to exclude aforementioned, key middleman Ottavio Quattrochi and others [1]. sent-from-uae-in-agustawestland-helicopter-bribery-case-idINKCN1PP29E
Cases are investigated or prosecuted through formal Cases are investigated but not Cases are superficially
There is a complete failure to companies or individuals
prosecuted through formal processes, but undue political often prosecuted. There is clear investigated, or receive "show"
69B Undue influence
processes and without undue influence is attempted, and undue influence in the decision hearings in which defendants are
investigate or prosecute, even in
the face of clear evidence.
implicated in bribery or
corruption related offences,
75 In recent times, there is evidence of cases being investigated. In 2014, the
AgustaWestland VVIP helicopter deal was cancelled on the grounds of
4. Business Today, 22 April 2019, “AgustaWestland VVIP choppers case: Delhi
court extends Sushen Gupta's judicial custody till May 3”, accessed 11 May
political influence. sometimes effective at derailing making process. not punished.
this sub-indicator should be breaching the PCIP [2]. The case still continues [3][4]. 2019
prosecutions.
marked Not Applicable. https://www.businesstoday.in/top-story/agustawestland-vvip-choppers-scam-
There is evidence of companies being blacklisted [5][6] . delhi-court-extends-sushen-gupta-judicial-custody-till-may-3/story/339207.html
be scored. to this amount to bring smaller defence deals under the Integrity Pack remit to 5. Press Information Bureau Government of India, 18 July 2018, “Corruption in
reduce corruptive practices. Submission of Integrity Pact Bank Guarantee Defence Deals”, accessed 10 May 2019
(IPBG) is needed. The Seller must confirm and declare to the Buyer that it is the http://www.pib.nic.in/Pressreleaseshare.aspx?PRID=1539032
original manufacturer of the stores contracted and that no third party has been
engaged who can influence or manipulate award of the contract, or indulge in 6. Ministry of Defence Government of India, “Defence Procurement Procedure
corrupt and unethical practices [4][5][6]. 2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
accessed 10 May 2019
As of 2015, any changes to offsets need to be approved by the Secretary for https://www.mod.gov.in/sites/default/files/Update060519_0.pdf
Defence Production. This procedural change is to facilitate speedier executions
of contracts [7]. 7. Amit Cowshish, 27 August 2015, “Defence Offset Guidelines – A Long
Overdue Tweak”, IDSA, accessed 27 August 2019
Q70. When
The above procedures have been implemented over the course of the last few https://idsa.in/idsacomments/
negotiating offset
years, thus more time is needed to truly measure their effectiveness. DefenceOffsetGuidelinesALongOverdueTweak_acowshish_270815
contracts, does
the government
specifically
address
corruption risk
by imposing anti-
corruption due
diligence on
contractors and
third parties?
Q70. When
negotiating offset
contracts, does
the government
specifically
address
corruption risk
by imposing anti-
corruption due
diligence on
contractors and 1. Ministry of Defence Government of India, “Defence Procurement Procedure
third parties? The government conducts due diligence on contractors and third parties during 2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
offset contract negotiations as per the DPP. The general terms and clauses of pg.75, accessed 27 August 2019
the main procurement contract also apply to the offset contract [1]. As https://mod.gov.in/dod/sites/default/files/Update060519_0.pdf
mentioned in Q.57, provisions of the CIPP must be followed by the procuring
authorities, bidders, suppliers, contractors and consultants. Prohibited practices 2. Government of India Ministry of Finance, “Manual for Procurement of Goods
in the CIPP comprehensively cover corrupt practice, fraudulent practice, anti- 2017”, pg. 25-26, accessed 23 August 2019
competitive practice, coercive practice, obstructive practice and conflict of https://doe.gov.in/sites/default/files/Manual%20for%20Procurement%20of
interest [2]. %20Goods%202017_0_0.pdf
The contract process is monitored and the contractor is audited as is the 3. Department of Defence Production Defence Offsets Management Wing,
agreement. The Defence Offsets Management Wing (DOMW) of the MoD “About Us”, accessed 16 May 2019
monitors the discharge of offset obligations, including auditing and review of https://domw.gov.in/Index/Page/about-us
The government imposes some
This indicator should be progress reports received from contractors [3]. As discussed in Q. 62, bidders
The government imposes stringent anti-corruption due diligence on The government imposes no anti-
marked Not Applicable only and the MoD need to sign an Integrity Pact committing to not offering or 4. Bharat Electronics Limited, “INTEGRITY PACT AND IEMS”, accessed 10 May
anti-corruption due diligence on contractors and third parties corruption due diligence or
70B Due diligence
contractors and third parties during during offset contract negotiations, auditing requirements on offset
in cases where the
government explicitly
100 accepting bribes, ensuring integrity in public procurement for all capital
procurement/schemes of Rs 20 crores and above. The range has been dropped
2019
http://www.bel-india.in/ContentPage.aspx?MId=27&CId=4195&LId=1&link=4195
offset contract negotiations but they may be superficial in contracts.
prohibits offset contracts. to this amount to bring smaller defence deals under the Integrity Pact remit to
nature.
reduce corruptive practices. Submission of Integrity Pact Bank Guarantee 5. Press Information Bureau Government of India, 18 July 2018, “Corruption in
(IPBG) is needed. The Seller must confirm and declare to the Buyer that it is the Defence Deals”, accessed 10 May 2019
original manufacturer of the stores contracted and that no third party has been http://www.pib.nic.in/Pressreleaseshare.aspx?PRID=1539032
engaged who can influence or manipulate award of the contract, or indulge in
corrupt and unethical practices [4][5][6]. 6. Ministry of Defence Government of India, “Defence Procurement Procedure
2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
As of 2015, any changes to offsets need to be approved by the Secretary for accessed 10 May 2019
Defence Production. This procedural change is to facilitate speedier executions https://www.mod.gov.in/sites/default/files/Update060519_0.pdf
of contracts [7].
7. Amit Cowshish, 27 August 2015, “Defence Offset Guidelines – A Long
The above procedures have been implemented over the course of the last few Overdue Tweak”, IDSA, accessed 27 August 2019
years, thus more time is needed to truly measure their effectiveness. https://idsa.in/idsacomments/
DefenceOffsetGuidelinesALongOverdueTweak_acowshish_270815
CAG had observed from 2007-2011 that there were deficiencies in management 1. CAG, 2011, “Report for the year ended March 2011 Union Government
of offsets. These included invalid selection of IOPs, zero value addition by the (Defence Services) Air Force and Navy No. 17 of 2012-13(Compliance Audit)”,
IOP, award of the offset contract in violation of provisions and weak monitoring pg.17-25, accessed 10 May 2019
of offset projects. https://cag.gov.in/uploads/download_audit_report/2012/
Union_Compliance_Defence_Air_Force_and_Navy_17_2012_Index.pdf
This indicator should be Since then, over the past few years there has been strengthening of monitoring
Officials regularly produce a Officials occasionally produce a Officials occasionally produce a
Procurement offices are not marked Not Applicable only mechanisms. The DOMW is entrusted with monitoring the discharge of offset 2. Make In India, “DEFENCE OFFSET GUIDELINES”, accessed 10 May 2019
completion report with supplier completion report with supplier completion report with supplier Officials rarely produce a
71C Monitoring
performance appraisals, which is performance appraisals, which is performance appraisals, which completion report.
conducting reporting and delivery in cases where the
obligations at all. government explicitly
50 obligations, including audit and review of yearly progress reports received from
vendors. The DOMW administers penalties to vendors who have defaulted,
http://www.makeinindiadefence.gov.in/admin/writereaddata/upload/2018-09-11-
185655DefenceOffsetGuidelines.pdf
separately verified. separately verified. may not be separately verified.
prohibits offset contracts. assists with offset policy formulation and offset banking guidelines. It is the
repository for all offset contracts. The Acquisition Wing submits an annual report 3. Controller General of Defence Accounts, “About DAD”, accessed 27 August
to DAC in June each year regarding the details of offset contracts signed during 2019
the previous financial year [1][2]. The Controller General of Defence Accounts http://cgda.nic.in/index.php?page=abtdad
(CGDA) is additionally responsible for auditing of offset contracts [3].
1. FORTY SECOND REPORT STANDING COMMITTEE ON DEFENCE (2017-
2018) (SIXTEENTH LOK SABHA), 13 March 2018, pg.79, accessed 10 May
2019
http://164.100.47.193/lsscommittee/Defence/16_Defence_42.pdf
There is evidence suggesting that there is robust enforcement. In February
2. Amit Cowshish, 20 March 2019, “Making the offset policy work better”, IDSA,
2018, the MoD informed the Standing Committee on Defence that out of 42
accessed 13 May 2019
offset contracts signed, 11 had a final/interim penalty administered to them,
https://idsa.in/idsacomments/making-the-offset-policy-work-better_acowshish-
totalling $38.19 million. The penalties had been imposed because of defaulting
200319
This indicator should be vendors [1][2]. In-built mechanisms put penalties on defaulting contracts as per
If the contract is not sufficiently If the contract is not sufficiently If the contract is not sufficiently If the contract is not sufficiently marked Not Applicable only the offset guidelines.
Breaches of contract are not acted 3. Manu Pubby, 4 September 2018, “Upset over offsets: India, US to fix old
71D Enforcement completed, action is always taken for completed, action is in most cases completed, action is sometimes
breach of contract. taken for breach of contract. taken for breach of contract.
completed, action is rarely taken
for breach of contract.
upon.
in cases where the
government explicitly
100 In the past, Lockheed Martin, Textron and Boeing have all been fined for failing
problem to take ties to new heights”, The Economic Times, accessed 13 May
2019
prohibits offset contracts. to meet offset obligations [3]. There has been criticism that the MoD stringently
https://economictimes.indiatimes.com/news/politics-and-nation/upset-over-
enforces penalties without revising mechanisms in place that can facilitate better
offsets-india-us-to-fix-old-problem-to-take-ties-to-new-heights/articleshow/
fulfilment of obligations. The Modi government has made amendments to the
65664071.cms
DPP that addresses this [4].
4. Kabir Bogra & Tarang Shashishekhar, 11 July 2018, “Defence offset policy:
Amendments by Modi government exactly what have been long required”, The
Economic Times, accessed 13 May 2019
https://economictimes.indiatimes.com/news/defence/defence-offset-policy-
amendments-by-modi-government-exactly-what-have-been-long-required/
articleshow/48986763.cms
India’s offset policy has centered on the nation’s core defence objective of
promoting indigenisation to achieve self-reliance. It was created to reduce the
level of defence imports and essentially build a domestic defence manufacturing
hub. The government’s Make In India initiative seeks to achieve this [1]. At
present, defence purchases are acquired through standard procurement, Inter 1. Make In India, “About Us”, accessed 13 May 2019
Government Agreements (IGAs) and strategic deals. http://www.makeinindiadefence.gov.in/pages/about-us
Offset policies have been routinely updated to address industry concerns and 2. Department of Defence Production, “Defence Investor Cell”, accessed 13 May
supposedly be more investor friendly. A Defence Investor Cell has been created 2019
to educate and help investors navigate policies and regulatory framework. Steps https://defenceinvestorcell.gov.in/
Offset contracts are conducted as
have been taken to promote greater participation of industry such as FDI has
open competition, except in clearly Offset contracts are conducted as Offset contracts are generally
Q72. What level This indicator should be been increased to up to 49% through automatic route and above 49% with 3. Ministry of Defence Government of India, “DEFENCE PRODUCTION POLICY
defined circumstances. All single open competition, except in clearly conducted as open competition,
of competition There is little open competition in marked Not Applicable only government approval and the introduction of a Strategic Partnership model. 2018”, accessed 13 May 2019
source contracts are justified and defined circumstances. However, but circumstances are not always Single source offset contracts are
are offset
contracts subject
72
subject to external scrutiny (such as single source contracts are clearly defined. Single source
offset contracts, with most
contracts being single-sourced.
rarely (if ever) justified.
in cases where the
government explicitly
50 Time for banking offset credits has been increased with multipliers introduced
[2]. In the draft Defence Production Policy 2018, it is stated that:
http://www.makeinindiadefence.gov.in/admin/writereaddata/upload/files/Clean
%20Copy_Defence%20Production%20Policy%20%7Br05072018%20email
parliament or the external audit sometimes conducted without contracts are often conducted
to? prohibits offset contracts. %20on%2023.08.2018).output.pdf
office), who have the power to reject clear justification. without clear justification.
“Necessary enabling provisions will be brought in to enable Startups and
the purchase.
MSMEs to participate in transparent and fair manner, without having restrictions 4. The Hindu, “India to buy 10 C-17 heavy-lift transport aircraft for IAF”, updated
of turnover, prior experience if they meet technical and functional requirements” 18 August 2016, accessed 13 May 2019
[3]. https://www.thehindu.com/sci-tech/technology/india-to-buy-10-c17-heavylift-
transport-aircraft-for-iaf/article2082458.ece
As stated in Q.64, the proportion of open competition cannot be ascertained. As
illustrated previously, these offset agreements have often been government-to-
government, with the US having the largest share among foreign vendors [4].
FDI limits could be further raised under the new DAP-2020 and offset policy
simplified further. All of this points to India’s willingness to create a fairer playing
field and encourage broader public and private sector participation.
1. A.M. Jigeesh & Richa Mishra, 15 February 2013, “Despite ban, middlemen
abound in defence deals”, The Hindu Businessline, accessed 13 May 2019
https://www.thehindubusinessline.com/news/national/despite-ban-middlemen-
abound-in-defence-deals/article20579242.ece1
1. NDTV, 14 June 2016, “New Guidelines For 'Agents' Who Broker Defence
Deals”, accessed 12 May 2019
https://www.ndtv.com/india-news/new-guidelines-for-agents-who-broker-
The DPP-2016 guidelines clarifying the nature and use of agents, brings better defence-deals-1419028
If the country has no transparency and probity in defence dealings. Violations of the guidelines would
Sanctions are usually applied when Sanctions are sometimes applied Sanctions are not generally restrictions on the use of lead to penal action but the nature of punishment is not specifically prescribed 2. Business Standard, 4 December 2018, “VVIP chopper scam: Accused
73B Enforcement policies and laws on the use of
agents are violated.
when policies and laws on the use
of agents are violated.
applied when policies and laws on agents and intermediaries,
the use of agents are violated. this sub-indicator should be
75 [1]. A middleman in the AgustaWestland deal was extradited to India in middleman Christian Michel brought to India”, accessed 13 May 2019
December 2018 and taken into Central Bureau of Investigation (CBI) custody [2]. https://www.business-standard.com/article/pti-stories/for-cong-defence-sector-is-
marked as Not Applicable. In 2019, a Swiss company Pilatus was suspended for the engagement of agents only-about-brokering-deals-pm-119021000400_1.html
[3].
3. Ministry of Defence Government of India, 12 July 2019, “Suspension of
Business Dealings with M/s Pilatus Aircraft Ltd.”, accessed 27 August 2019
https://mod.gov.in/sites/default/files/Subus.pdf
Q74. Are the 1. Ministry of Defence Government of India, 2018, “India Stands Strong”, pg. 14,
principal aspects accessed 9 May 2019
of the financing https://mod.gov.in/ebook-2018/mod-ebook.html#p=14
package
surrounding 2. Press Information Bureau Government of India, 2 January 2018, “Raksha
Some details of the financing
major arms Principal aspects of the financing Mantri clears two procurement proposals”, accessed 9 May 2019
package are made publicly
deals, (such as package surrounding major arms Most details of the financing http://pib.nic.in/newsite/PrintRelease.aspx?relid=175099
available, and key elements such The existence of a financing Elements of the principle aspects of the financing package surrounding arms
payment deals are comprehensively detailed package are made publicly Details of the financing package
as the sums involved and the package and the identity of the deals are publicly available prior to the fulfilment of contracts. These are
timelines, and made publicly available after the available prior to the signing of the are not publicly available. There 3. The Economic Times, 5 October 2018, “India, Russia formally ink the $ 5.2
interest rates,
74
signing of the contracts. This contract, though some aspects of
payment deadlines are included.
However details on matters such
provider are normally made public,
but no further details are likely to
may be no information on whether 75 primarily the value of the deal and the proposed timeline [1][2][3]. Draft payment
terms such as deadlines, interest rates and rules and regulations surrounding
billion deal for S-400 air defence system”, accessed 9 May 2019
commercial information includes payment the package are less precisely a financing package exists at all. https://economictimes.indiatimes.com/news/defence/india-russia-formally-ink-
as interest rates and rules and be available. default penalties are as per the Defence Procurement Procedure (DPP) [4].
loans or export timelines, interest rates, commercial detailed than other aspects. the-5-2-billion-deal-for-the-s-400/articleshow/66082930.cms
regulations surrounding default
credit loans or export credit agreements.
penalties are likely to be limited.
agreements) 4. Ministry of Defence Government of India, “Defence Procurement Procedure
made publicly 2016 Capital Procurement (Incorporating all amendments upto 30 April 2019),
available prior to accessed 13 May 2019
the signing of https://www.mod.gov.in/sites/default/files/Update060519_0.pdf
contracts?