This article argues that the problem of corruption in India needs to be analyzed in the context of its potential implications for human rights. There are numerous connections between corruption discourse and human rights discourse. Corruption dilutes human rights in a significant way, although it is rarely observed and understood from this perspective. The institutionalized form of corruption creates mass victimization, which threatens the rule of law, democratic governance and the social fabric of any society. Human rights discourse offers powerful resistance to violations of various rights, and the problem of corruption can be addressed by framing it as a human rights violation. The benefit of regarding corruption as a human rights issue will enhance efforts to contain corruption, due to the development of international human rights law as an important aspect of international law, as well as national developments in constitutional, legal, and judicially recognized rights. The corruption problem, when framed as a human rights issue, can empower the judiciary to enforce certain rights for the citizenry, demand a transparent, accountable and corruption-free system of governance in India, and help establish a basis to monitor this process. The right to information for promoting transparency and accountability is one instance in which the corruption issue has been elevated from a public policy matter to a higher level of political discourse by invoking the right to freedom of information of the Indian citizenry. Further, I believe that the Indian citizenry should be empowered and granted a fundamental right to corruption-free service. The Constitution of India, which is famous for its progressive provisions and for its liberal interpretations by courts that have judicially expanded the rights set forth in it, should recognize this right. The fact that corruption remains an important problem even after fifty-five years of independence in India and continues to eat away the precious resources of the country, and that all forms of victimization result from civil, political, economic and social rights violations, is enough justification for formulating new strategies to address corruption.

The present article, firstly, provides a jurisprudential foundation for the corruption-human rights nexus, based on the argument that a human rights approach to corruption delineates rights as a part of the process of empowering people.

Secondly, the article gives an overview of the problem of corruption in India, from both a historical and a contemporary perspective, to understand the true implications of corruption for governance administration in India.

Thirdly, it examines the relationship of corruption to human rights and analyses the international human rights framework specifically from the standpoint of human rights discourse. It also provides an overview of the present international law framework for corruption prevention and outlines the difficulties in enforcing these regulations.

Fourthly, it examines the issue of transparency in governance and accountability of administrators. This will be done by vetting the Freedom of Information Act in India and its implications for the right to freedom of information being recognized both as a constitutional and a legal right.

Fifthly, it examines corruption in India through certain institutional rethat have been attempted in confronting the problem. This will be addressed by studying the weakness of institutional and criminal law responses in tackling corruption and by underlining the need for the integration of the corruption and human rights discourses.

Sixthly, it argues that there should be a fundamental right to corruption-free service in India, fully recognized by the Constitution of India. This may result in the real empowerment of civil society and the citizenry by providing a solid foundation for pursuing their struggles against corruption. Preventing corruption and ensuring empowerment of citizens by recognizing a constitutional right to be free of corruption would bring the problem of corruption to the center of political discourse in India and could potentially transform the governance system, thus strengthening democracy in India.

Seventhly, it gives an analysis of the consequences of formulating the right to corruption-free service in India, particularly from the standpoint of the implementation of this right. Lastly, the article concludes by arguing that the institutionalized form of corruption prevalent in India and other developing countries have serious implications for governance, the rule of law and democracy. If these values are not to be undermined, it is necessary that the corruption problem be addressed not just as a criminal law problem, but also as a violation of human rights, human dignity and humane governance. The fundamental right to corruption-free service has the potential to ensure that corruption will not be tolerated at any level of governance, as it would amount to a constitutional violation. The Indian judiciary, as well as institutions of the state and the central government that are working towards curbing corruption, and all other actors of civil society would be greatly assisted by the development of such a fundamental right. Rights bring with them obligations, and there will be obligations assigned to various individuals and institutions to ensure that there is zero tolerance for corruption and that violations will not go unpunished. The National Human Rights Commission in India will also have jurisdiction over violations that arise due to corruption, as it will be fulfilling its mandate provided under law by ensuring that corruption does not affect governance or violate human rights.