Transparency in government is the cornerstone of a healthy and accountable democratic system. It involves the open and accessible sharing of information, decisions, and actions taken by public officials and institutions. By providing citizens with the means to understand and scrutinize government processes, policies, and expenditures, transparency fosters trust, encourages citizen engagement, and deters corruption. It is not just a bureaucratic obligation but a fundamental right that empowers individuals to hold their elected representatives accountable for their actions, ultimately ensuring a government that serves the best interests of its citizens.
The Second Administrative Reforms Commission has defined transparency as the “availability of information to the general public and clarity about the functioning of governmental institutions.” According to Vishwanath and Kaufmann (1999), transparency refers to the “increased flow of timely and reliable information, which is accessible to all relevant stakeholders.” This view not only stresses the availability of information but also highlights the importance of its reliability and accessibility.
Evolution of Transparency and Right to Information
- Resolution 59 of the UN General Assembly in 1946 recognized Freedom of Student Notes as part of the fundamental right of freedom of expression.
- The International Covenant on Civil and Political Rights (1966) and the American Convention on Human Rights (1969) also recognized the Right to Information.
- In 1982, the Supreme Court Case in Mr. Kulwal v/s Jaipur Municipal Corporation emphasized the importance of Right to Information for citizens to fully use their freedom of speech and expression.
- MKSS (Mazdoor Kisan Shakti Sangathan), a grassroots organization led by activists Aruna Roy and Nikhil Dey, started the movement of Right to Information regarding development projects in rural Rajasthan.
- NCPRI (National Campaign for People’s Right to Information) was formed in 1995 with an objective of getting the legislation on Right to Information passed.
- Tamil Nadu was the first state to enact RTI legislation in 1997, and Rajasthan enacted the Right to Information Act in 2000.
- The RTI Act 2005 provided a legal framework for the working of Right to Information and addressed some of the lacunae in the previous legislation.
Relevance of Transparency and Information Sharing
- Transparency and information sharing play a crucial role in promoting probity and ethical governance by making the decision-making process visible and accountable to the public.
- It enables citizens to hold public officials accountable for their actions and promotes trust and credibility in government institutions.
- It also helps in preventing corruption, as public officials are more likely to act in an ethical manner when their actions are open to public scrutiny.
- Transparency and information sharing are also essential for effective policymaking, as it allows policymakers to make informed decisions based on accurate and reliable information.
- It promotes a culture of openness and dialogue, which is essential for building strong democratic institutions and promoting public participation in the decision-making process.
- Access to information is also recognized as a fundamental right by international conventions, such as the International Covenant on Civil and Political Rights and the American Convention on Human Rights.
- The Right to Information Act, 2005 in India provides a legal framework for citizens to access information held by public authorities, further strengthening transparency and information sharing in governance.
- In a transparent governance system, decision-making criteria, procedures, and systems are openly known to everyone, and information sharing is vital for achieving transparency.
- Thus, transparent information sharing also motivates citizens to exercise their “voice power,” which refers to their ability to pressure frontline officials to ensure effective service delivery.
Issues with Transparency
- The Official Secrets Act in India is a colonial-era law that was originally enacted in 1923 to protect the state’s secrets and prevent espionage. However, there are several issues with the Act, including:
- Lack of transparency: The Act is often used to justify the withholding of information from the public, which undermines the principles of transparency and accountability in governance.
- Vagueness and overbreadth: The language of the Act is vague and overbroad, which allows the government to interpret it in a way that restricts access to information that is not necessarily related to national security.
- Misuse for political purposes: The Act has been misused by governments to suppress dissent and criticism by labeling information as “secret” or “confidential” even when it does not relate to national security.
- Criminalization of whistleblowers: The Act criminalizes the unauthorized disclosure of information, which makes it difficult for whistleblowers to come forward with evidence of wrongdoing without fear of prosecution.
- Lack of independent oversight: The Act is enforced by government agencies without any independent oversight, which raises concerns about abuse of power and lack of accountability.
- Right to Information Act
- Delays: One of the main issues with the RTI Act is that there are often long delays in providing information. The Act requires that information be provided within 30 days, but in many cases, information is not provided even after several months or years.
- Exemptions: While the RTI Act mandates that information should be made available to citizens, there are several exemptions to this rule. The exemptions are often used by government officials to with hold information, even when it is in the public interest.
- Lack of awareness: There is still a lack of awareness about the RTI Act among citizens, especially in rural areas. This results in many people not knowing about their right to access information.
- Retaliation against RTI activists: Many RTI activists face retaliation from government officials for seeking information under the RTI Act. This includes harassment, physical assault, and even murder.
- Inadequate implementation: While the RTI Act has been successful in some parts of the country, there are many instances where it is not being implemented effectively. This is often due to a lack of political will, corruption, and inadequate resources.
- The Whistleblower Protection Act, 2014 was enacted in India to protect whistleblowers who expose corruption and other wrongdoing by public officials and government agencies. However, the implementation of the act has been plagued with several issues, including:
- Lack of awareness: Many potential whistleblowers are not aware of the provisions of the
- Act or do not know how to make a complaint.
- Inadequate protection: The Act does not provide adequate protection to whistleblowers who face retaliation, including threats, intimidation, and even physical harm.
- Lack of infrastructure: The Act does not provide for a separate mechanism for receiving complaints, and the existing infrastructure is often not equipped to handle whistleblower complaints.
- No independent investigation: The Act does not provide for an independent investigation into the complaints made by whistleblowers. Instead, the investigation is often conducted by the same officials or agencies that the whistleblower has accused of wrongdoing, leading to conflicts of interest.
- No reward or compensation: The Act does not provide for any reward or compensation to the whistleblower, which discourages potential whistleblowers from coming forward.
- Delays in investigations: Investigations into whistleblower complaints often take years to complete, and the delay in the investigation process further discourages potential whistleblowers from coming forward.
- Retaliation: Whistleblowers who come forward often face retaliation, including termination of employment, demotion, or other forms of harassment. The Act does not provide for adequate protection to prevent such retaliation.
- Other issues
- Top down approach in governance brings inefficiency.
- Absence of proper monitoring and Performance Management Divisions.
- Sealed envelopes leading to opacity.
FAQs on Transparency in Government
Q: What is transparency in corporate governance?
A: Transparency in corporate governance refers to the practice of openly sharing information, decisions, and actions within a company, particularly in relation to its stakeholders, such as shareholders, investors, and the public. It ensures that all relevant parties have access to essential information about the company’s operations, performance, and decision-making processes.
Q: Why is transparency essential in good governance?
A: Transparency in good governance is essential to prevent corruption, misuse of power, and ensure that government actions align with the public’s best interests. It promotes accountability, citizen participation, and trust in the government.
Q: What are some examples of transparent practices in good governance?
A: Examples include open public hearings, access to government documents, disclosure of government budgets, transparent procurement processes, and clear rules and regulations.
Q: What is the relationship between disclosure and transparency in corporate governance?
A: Disclosure is a critical component of transparency in corporate governance. It involves the release of information and data about a company’s financial performance, governance practices, and decision-making processes. Transparent disclosure ensures that stakeholders have access to relevant information.
Q: What does “transparency and accountability in governance” mean in the context of UPSC exams?
A: Transparency and accountability in governance, as relevant to UPSC exams, refer to the principles and practices that ensure government institutions operate openly and responsibly. This may involve questions related to public administration, ethics, and the role of government bodies in addressing social and economic challenges.
Q: Why is this topic significant for UPSC aspirants?
A: Understanding transparency and accountability in governance is crucial for UPSC aspirants as it is a fundamental aspect of public administration and governance, and it is often a part of the syllabus for various civil services exams.
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