LEGAL AND INSTITUTIONAL FRAMEWORK FOR ERADICATION OF CORRUPTION IN THE PUBLIC SECTOR OF PAKISTAN

Abstract

This study discusses the existing legal and institutional framework for eradication of corruption in the public sector of Pakistan, examining effects of its implementation. Corruption remains a significant problem for Pakistan where it is supposed to be widespread and systemic. Petty corruption in the form of bribery is common in law enforcement, procurement and the provision of public services. The judiciary is not seen as independent and considered to be shielding corrupt political practices from prosecution. Numerous efforts over the past years have tried to develop institutional mechanisms to address these problems. The National Accountability Ordinance (NAO) creates the foundation for combating corruption in Pakistan as it provides legal framework that empowers accountability institutions to investigate and prosecute corrupt practices. A National Anti-Corruption Strategy was developed in 2002 which offers a comprehensive plan to deal with corruption. The National Accountability Bureau (NAB), the executing agency, has granted wide-ranging powers to investigate and prosecute cases of corruption. However, a lack of political will, together with the perceived co-option of the judiciary and the arbitrariness of many anti-corruption proceedings, are major hindrances in the fight against menace of corruption[1].

The  country's  primary  anti-corruption  organization  has  failed  to  achieve  its  goals.  Even while there is a clear need for improved governance mechanisms, none of those institutions have been implemented as of yet (Chattha, 2012). Despite laws like the “Pakistan Penal Code” (PPC), the “Prevention of Corruption Act”(PCA), and the “National Accountability Ordinance” (NAO), as well  as  institutional  mechanisms  like  the  statutory  Auditor-General  of  Pakistan  office, the   Public   Accounts   Committee   of   the   National   Assembly, the public procurement regulatory authority, the offices of the Federal and Provincial Ombudsmen, the “National Accountability Bureau” (NAB), and the “Federal Investigation Agency ” (FIA) Office, it is surprising that corruption persists in Pakistan (Shah et al., 2021).[2] The study highlights the key legal and institutional mechanisms, emphasizing its role in preventing corrupt practices. The study also examines the role the National Accountability Bureau (NAB), for enforcing the provision of NAO to investigate and prosecute cases of corruption. The research methodology adopted is evaluative, interpretive and analytical.

[1] https://www.u4.no/publications/overview-of-corruption-in-pakistan.pdf

[2] Annals of  Human and Social Sciences (AHSS)April-June2023, Vol. 4, No. 2159