Access to Information: How Legal Frameworks Promote Transparency and Accountability?

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Access to Information: How Legal Frameworks Promote Transparency and Accountability?

18 Sep 2024

Transparency and Accountability - Vital Components to Ensure Good Governance

Before we begin to understand how legal frameworks promote transparency and accountability, it would be first beneficial to know what these two terms stand for and how they are vital in good governance.

The term "transparency" is used to describe the way in which information, procedures, and decision-making within institutions, governments, or businesses take place and whether they are accessible and open to all. By guaranteeing that policies and activities are carried out transparently, it helps to prevent corruption and foster trust by enabling all relevant parties—including the general public—to comprehend, keep an eye on, and evaluate them.

Transparency can refer to the ‘increased flow of timely and reliable information that is accessible to all the relevant stakeholders’. Accountability, on the other hand, refers to the responsibility placed on individuals, groups, or governments to provide an explanation and justification for their choices, actions, and decisions. It involves bearing responsibility for any mistakes or misconduct and ensuring the answerability for the decisions made and actions taken.

Maintaining transparency and holding accountability are two vital components without which it is not possible to imagine the existence of good governance. As already known, good governance is the governance that is equitable, transparent, non-discriminatory, socially sensitive, participatory, and above all accountable to the people at large.

For achieving transparency and ensuring accountability, it is vital for citizens to ‘know’ and have the right to ‘access’ information. Transparency cannot be maintained without meeting the prerequisite of ‘having the information’. Access to information, thus, plays a crucial role in promoting transparency and accountability by empowering citizens to scrutinize government actions and decisions. Only when information is readily available, citizens become aware of the decisions being made and can rightfully question them, which in turn helps in preventing corruption and keeping a check on any abuse of power. Information is literally the ‘key’ for ensuring transparency and accountability and achieving good governance.

Evolution of Access to Information in India

In India, the story of the evolution of access to information was one that developed gradually. Initially, the bureaucracy in India suffered from a colonial tendency to maintain a shroud of secrecy until the citizens began to demand a transformation. This was driven by the growing desire for accountability and openness in governance.

The Supreme Court of India in 1975 took notice of the demand for the right to information in State of UP vs. Raj Narain and ruled that: “In a government of responsibility like ours where the agents of the public must be responsible for their conduct, there can be but a few secrets. The people of this country have a right to know every public act, everything that is done in a public way by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearings”. In 1982, similar statements were reiterated. With the unfortunate incident of the Bhopal Gas Tragedy, various NGOs filed petitions in the SC demanding the need to have transparency in matters related to the environment.

Grassroot movements that began in the early 1990’s, particularly by Rajasthan's Mazdoor Kisan Shakti Sangathan (MKSS), geared up to demand the right to know. Through its activities in the 1990s, MKSS demanded access to government data in order to expose corruption in public works, which sparked a national conversation. As more people joined the campaign for legislative change, including activists, journalists, and civil society organizations, public demand grew. The late 1990s saw the enactment of state-level Right to Information laws, such as the Tamil Nadu Right to Information Act of 1997, as the movement for transparency gathered momentum.

Legal Frameworks in India

The Right to Information Act, 2005 (RTI):

The first country to enact legislation granting access to information was Sweden in 1766. Other nations that adopted similar laws through 1990 included the US (1966), Norway (1970), France (1978), and the Netherlands (1978). In India, the right to information was granted in 2005.
In December 2004, the RTI was introduced in the Parliament of India, which was later referred to a Parliamentary Committee. In January-April 2005, the bill was considered by the Parliamentary Committee and the Group of Ministers, and a revised bill, covering the central governments and the state, was introduced in Parliament again.
- The RTI Bill was passed by both houses of Parliament in May 2005, and finally, in June 2005, it got the assent of the President of India. By October 2005, the RTI Act came into force.
- Since then, the Right to Information Act, 2005, has become landmark legislation in India that aims to promote transparency, accountability, and citizen participation in governance.
With the main goal of providing citizens with the legal right to have access to information, the RTI Act helps in establishing a culture of transparency and accountability, which, as a result, empowers the citizens. The aim was to ensure a lower level of secrecy in government operations, policies, and decision-making by making sure the information is transparent and easily available.
- It was also to provide answerability to the citizens and provide them the access to information through which they can analyze the workings of the government machinery and be a better judge of those acts. An informed citizen, after all, will have a better understanding of governance.

The Whistleblowers Protection Act, 2014:

The Whistleblowers Protection Act of 2014 was passed in order to establish a legal framework that would protect those who report wrongdoing or corruption in government agencies—especially public officials. By enabling whistleblowers to disclose misconduct without fear of retribution, including harassment, victimization, or retaliation, the Act promotes openness.
The Act provides a mechanism to receive complaints in regard to disclosure of allegations on corruption or misuse of power or discretion against any public servant and to inquire or cause an inquiry into such disclosure. This act will also allow any person to make a public interest disclosure before a competent authority. However, it must be noted that the law does not allow any anonymous complaints, and thus, a person has to clearly establish their identity.

The Lokpal and Lokayuktas Act, 2013:

In 2013, the Lokpal and Lokayuktas Act was enacted, which created ‘Lokpal’ for the Union and ‘Lokayuktas’ for the States. These statutory bodies investigate allegations of corruption against public officials. Their functioning is said to be similar to an 'Ombudsman’ institution of Sweden.
Lokpal consists of one chairperson and a maximum of 8 other members. The chairperson should be either a former CJI, a former judge of SC, or an eminent person. At the state level, the Lokayuktas serve a similar purpose by providing a decentralized strategy to fight corruption.

Digitalisation, e-Governance and Access to Information

By revolutionizing public service delivery and information sharing, digital tools and e-governance platforms have greatly improved information access. Technology has been incorporated into governance to streamline procedures, improving information accessibility and service efficiency.

Among the most noteworthy is the 2015 launch of the Digital India flagship program. The objectives of this effort were to advance digital literacy, strengthen online infrastructure, and improve the provision of government services via digital channels. The growth of broadband connectivity is another key component of the strategy, guaranteeing that even remote locations can take advantage of digital services.

When it comes to streamlining the Right to Information (RTI) application procedure, online RTI portals have proved revolutionary. There is no longer a need for citizens to physically visit government offices because platforms like the RTI Online Portal allow them to electronically submit RTI applications, track their status, and receive responses. This digital strategy provides real-time updates on application status, which not only saves time and resources but also enhances openness and accountability. Furthermore, by enabling citizens to evaluate public data, submit grievances, and follow their complaints online, the e-Suvidha platform and other digital services have further incorporated transparency into the system.

Conclusion

Legal frameworks are essential for fostering accountability and transparency in India because they create avenues for public investigation and scrutiny and guarantee that decisions made by the government are transparent, reasonable, and accountable. Public oversight of government activities is encouraged by laws like the Right to Information Act (RTI), which give citizens greater access to information.

Since access to information makes it more difficult for officials to behave without responsibility, transparency helps combat corruption and the misuse of authority. Similar protections and mechanisms are offered by the Whistleblowers Protection Act and the Lokpal and Lokayuktas Acts, which aim to combat corruption and shield individuals who report misconduct. All of these laws support an honest and transparent culture in public administration.

These frameworks are further enhanced by digitalization and e-governance projects, which increase the efficiency and reach of information access. Online portals help to improve relationships with the public, expedite bureaucratic bottlenecks, and streamline operations. This does not mean that legal frameworks should not be continuously revised and updated. It is only with continuous assessment that shortcomings can be realized and improved. And since there is always room for improvement, legal frameworks shall continuously evolve.

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