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Question

"Transparency and accountability in governance are not about controlling corruption but about creating the trust of stakeholders in the policy process by following the Rule of Law and Participatory Governance." Comment.

Transparency and accountability constitute the foundational scaffolding of good governance. While their instrumental role in curbing corruption is well recognised, their deeper purpose lies in legitimising the state–citizen compact through Rule of Law and Participatory Governance.

Beyond Anti-Corruption — Trust-Building:

1. Rule of Law:

  • Ensures predictability, non-arbitrariness (Article 14), and equal application of law.
  • A.K. Kraipak (1969): Administrative fairness is essential.
  • Institutions like the CAG, CIC, CVC, Lokpal, and courts operationalise legal accountability.

2. Participatory Governance:

  • Enables citizens to shape decisions affecting them.
  • Panchayati Raj (73rd/74th Amendments) decentralises decision-making.
  • Gram Sabhas, Ward Committees, MyGov, pre-legislative consultation create feedback loops.
  • Social audits (MGNREGA) empower communities to hold implementers accountable.

Instruments Deepening Trust:

  • RTI Act, 2005 — informational empowerment.
  • Citizen Charters, Sevottam framework — service accountability.
  • e-Governance & DBT — reducing discretion, curbing leakages.
  • Public disclosure norms for financial and environmental impact.
  • Social audits under MGNREGA, PDS.

Global Frameworks:

  • Open Government Partnership, OECD accountability norms, and SDG-16 (peace, justice, strong institutions).

Challenges:

  • Weakening RTI (2019 amendments diluted CIC autonomy).
  • Whistleblower Protection Act notified but rules pending.
  • Opaque electoral funding (Electoral Bonds struck down, 2024).
  • Data protection tensions under DPDP Act with RTI provisions.
  • Judicial delays dilute accountability.

Way Forward:

  1. Strengthen RTI machinery and appoint pending Information Commissioners.
  2. Operationalise Whistleblower Protection Act.
  3. Pre-legislative consultation mandatory for all major bills.
  4. Independent regulators with statutory backing.
  5. Embed behavioural nudges for compliance.

Trust, once built through participation and legality, becomes the strongest guarantee of legitimate governance — corruption control becomes a consequence, not the objective.


 

Answered By:

Sarvesh Jha

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