TRANSPARENCY

By Dr. Anil Kumar Vajpayee

1. Transparency and accountability are the main constituents of good governance. Both are
interrelated concepts and mutually reinforcing. Without transparency there cannot be any
accountability, unless there is accountability transparency has no meaning.
2. Transparency means the criteria; process and system of decision making are openly known to all
in a public manner.
3. For example the selection of beneficiaries for any govt. scheme would be based on explicitly
known and publicly communicated criteria. It will also be known as to who will apply these
criteria, when and how? And what benefits would accrue to a family and individual who fit these
criteria?
4. During Colonial rule the administrative culture had been inward looking, people avoiding and full
of secrecy.
5. Democracy in most countries remains a procedural facade, reason being lack of transparency and
accountability
6. 21st century governance lays emphasis on transparency and account tability. There is worldwide
trend for openness in governance.
7. Factors contributing for openness- (a) increased awareness among people about their rights
(b) Need for accountable and responsive administration (c) Popular perception that bureaucratic
secrecy as important factor in abuse of power (d) LPG
8. There is universal recognition among the people that the right to information (RTI) is foundation
for healthy democracy.
9. Transparency promotes constructive and informed debate between government and stake holders.
10. Why RTI – (a) availability of this right leads to empowerment of people who would otherwise be
ignorant about the process of governance (b) it creates open governance. Secrecy in government
promotes corruption and abuse of authority (c) it changes quality of governance by making it
people centric.
11. “Freedom of information is a fundamental right and the touchstone for all freedom to which the
UN is consecrated” UN general assembly resolution 59 (1) December 14th 1946.
12. “RTI is not only fundamental for an open and democratic society but is a key weapon in the fight
against poverty and in accelerating human development” UNDP.

© APTI PLUS ACADEMY FOR CIVIL SERVICES

 13. RTI is largely the result of three factors (i) sustained struggle by NGO’s like MKSS ( Mazdoor
Kishan Shakti Sanghtan, India against corruption, Anna Hazare, Lok Satta) (ii) forces of LPG
(iii) pressure from Donor agencies and UN.
14. V central pay commission 1996 “experience of other countries shows that we have to initiate the
process of passing the RTI act.
15. RTI act was enacted in 2005.

PROBLEMS IN IMPLEMENTATION OF RTI

1. Law itself may be couched in a language with many provisions to make sure that too little is
disclosed to public.
2. Rules and regulation may be too lengthy and cumbersome to be easily understood and
followed by the lay public.
3. Bureaucracy’s age old mind set is difficult to change from secrecy to openness.
4. Many people avoid government or approach it through middle man.
5. Reluctance to punish officials.

WAY OUT

1. Institutional reform to facilitate access to information, simplifying application and appeal.

2. Regular budgetary provisions have to be made for implementation, upgrades, training of
employees.
3. An agency within Bureaucracy needs to be designated for access like PIO’s.
4. Specialized and independent office autonomous and independent of govt. interference has to
created and designated to deal with appeals like CIC, IC, SIC,.
5. Regular system of monitoring, implementation of law needs to be instituted. Records,
applications, responses, appeals and disposal of appeal must be maintained.

Information means - any material in the form of records, documents, memos, emails, opinions, advices,
press releases, orders, circulars, contracts, reports, papers, log books, data kept in any form written or
electronic.

RTI and OSA – Despite RTI, OSA 1923 has not been repealed instead clause 22 was provided in RTI act
“the provision of this act shall have effect not withstanding anything inconsistent therewith contained in
OSA”. Second ARC observed “OSA would not come in the way of disclosure of information if it is
otherwise permissible under RTI act”. ARC also recommended for repeal of OSA.

© APTI PLUS ACADEMY FOR CIVIL SERVICES

 Public authority – Any authority, body or institution of Govt. establishment/ constituted (a) By or under
constitution (b) by any other law made by parliament (c) by any other law made by state legislature (d)
Notifications issued or made by the appropriate govt. and includes anybody owned, controlled or
substantially financed NGO, financed directly or indirectly by funds provided by the appropriate govt. in
short the following- (a) central Govt. (b) State Govt. (c) Local Govt. (d) NGO’s (Govt. funded).

Exemptions clause - National security, Sovereignty and integrity or India, strategic and scientific or
economic interests of the state, foreign relations, incitement to offence or contempt of court, breach of
parliamentary privileges, trade secrets, IPR, cabinet papers, purely personal information.

Structure at central level – central information commission headed by Chief Information commissioner
and 10 information commissioners. They should be eminent persons in public life having wide knowledge
and experience in law, governance, social service, mass media etc. Appointed by the President of India
for a term of 5 years on the recommendation of a committee consisting of PM, leader of opposition a
union cabinet minister nominated by PM.

Structure at state level – State information commission- consisting of Chief Information Commissioner
and other state information commissioners not exceeding 10 in numbers. They are appointed for a term of
5 years by Governor on the recommendation of a committee consisting of the CM, leader of opposition in
the legislative assembly and cabinet minister nominated by CM.

PIO – every public authority is required to designate its specific PIO (Public Information Officers) in all
govt. offices. His job will be to provide information to the applicants and giving reasonable assistance to
them.

Procedure – A person desiring information has to make a request in writing or through electronic means
along with prescribed fees. On receipt of such request PIO shall provide information within a month or
reject the application giving reason as per the legal provisions. In case of rejection the person concerned
shall be told within what period he can prefer an appeal along with the particulars of the appellate
authority.

PROBLEM AREAS

1. RTI act provides for penalties against PIO’s for refusal to receive an application for
information without any reasonable cause. Mala fide denial of required information and othemr
lapses also invite penalties as mentioned in section 20 of the act.
2. Problem areas are (i) file noting (ii) UPSC (iii) Judiciary.

© APTI PLUS ACADEMY FOR CIVIL SERVICES

 3. File Noting – DOPT stand on file noting is that they are not part of information. File noting on
social and development issues are within the act. On account of pressure from NGO’s file
noting are no more outside the RTI act.
4. UPSC – Petition filed by unsuccessful candidate regarding examination and recruitment
process, CIC directed UPSC to disclose the individual score and cut off marks for preliminary
examination 2006. CIC order was challenged in Delhi high court by UPSC.
5. Delhi High court in its order dated April 17th 2007 set aside the UPSC argument of
confidentiality and protection of its IPR and directed commission to make public the scaling
system and cut off marks of CSE (prelims).
6. Justice Badar Durrez observed that “public interest in this case far outweighs the protected
interest. The UPSC being a public body is required to act and conduct itself in a fair and
transparent manner”.
7. Surprisingly when it comes to transparency in its own functioning Indian Judiciary is reluctant.
8. In a significant ruling on RTI in respect of judicial functioning, the CIC had rejected in June
2007 the contention of Delhi High Court that information relating to the implementation of the
RTI act in the court was outside the public purview of act and therefore not open to scrutiny.
9. CIC acted on a petition filed by an advocate Manish Khanna in Tis Hazari Court who sought to
know the reasons behind the delayed appointment of the PIO’s in the High Court. He also
sought details in regard to officers and Judges, who had dealt with the matter with relevant date
minutes, file noting and subsequent decision in this matter.
10. Holding that the appointment of PIO is indeed a matter of public interest the CIC Wajahat
Habibullah observed “ the public has right to know the procedure that went into PIO’s
appointment and matters that weighed with justices deliberating on the issue .
11. In response Delhi High Court contended that the matter fell in the judicial domain and
questioned the CIC’s jurisdiction in the dealing with it.
12. Judges are equally reluctant to disclose their assets.
13. Finally owing to intense public pressures and faced with division within fraternity the
Supreme Court judges agreed on 26th August 2009 to make their assets and liabilities public
with a caveat that the judges would not entertain any query relating to their assets and
liabilities.
14. The landmark decision was taken by the Chief justice K.G. Balakrishnan and the Supreme
Court judges at full court meeting. This decision of Supreme Court judges deserves praise.

© APTI PLUS ACADEMY FOR CIVIL SERVICES