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UNIVERSITY OF PETROLEUM ENERGY STUDIES

YEAR: 2017-2022
SEMESTER- 1
BATCH-BA LLB (energy law B1)

Topic: - ACCOUNTABILITY AND


TRANSPARENCY OF THE GOVERNMENT
SAP ID- 50060977
ROLL NO. 23
INDEX

1: ACKNOWLEDGEMENT
2:INTRODUCTION
3: TRANSPARENCY AND ACCOUNTABLITY IN
GOVERNANCE
4: INSTITUTIONS OF TRANSPARENCY IN INDIA
5: HUB OF TRANSPARENCY
6: TRANSPARENCY AND ACCOUNTABILITY IN THE
PRESENT TIMES
7:TRANSPARENCY IN THE PUBLIC SECTOR
8: CONCLUSION
9:BIBLIOGRAPHY
ACKNOWLEDGEMENT

For this project i owe my sincere thanks to my POLITICAL SCIENCE teacher who guided
us, and gave us freedom to choose our topics and do a thorough research on it.

This project has helped me enhance my research skills and improve my knowledge regarding
the functioning of the government.

Also, i would like to thank my parents for their support and guidance without whom i
wouldn’t be here.

Last but not the least, i would like to thank my classmates for supporting me and believing in
me.

With Regards,

ANKITA MAJI

INTRODUCTION
Public Governance refers to the process by which the society conducts and manages itself
and it’s issues. It refers to a complex relationship, between institutions and civil society, with
relation to the responsibility and accountability for managing public resources and providing
public services. Administration suggests compelling administration of open assests, abnormal
state of responsibility and straightforwardness and a free stream of data, huge native intrest
and value are important standards of vote based organizations.

Since around the 1990s, "straightforwardness" turned into an adage for national governments,
universal foundations, and common society bunches the world over. Nobel prizes have been
granted for conveying thoughtfulness regarding the significance of data in the working of the
business sectors. George Akerlof, Michael Spence and Joseph Stiglitz got the Nobel Prize in
2001 for their investigation of how blemished data can prompt market disappointments.
Amartya Sen won the 1998 Nobel Prize for representing the part of data and "qualification"
in the working of the business sectors. His extensive research on starvations in the immense
Bengal, Sahel, Bangladesh and Ethiopia demonstrated that starvations had happened in years
when the supply of sustenance was not fundamentally lower than amid earlier years. The
issue was not the shortage of nourishment but rather absence of data and "voice". (Ana
Bellver and Daniel Kaufmann, World Bank, 2006) Individuals will starve when their
privilege isn't adequate to purchase the sustenance important to keep them alive. The
transcending calculated commitments of the Nobel-laureates in advancing a system
connecting the citizenry‟s appropriate to know and to access to data with advancement are
undisputable, and have just had a huge impact in different fields. (On the same page) indeed,
straightforwardness is broadly perceived as center rule of good administration. Free access to
data is a key constituent in advancing straightforwardness. Be that as it may, the data must be
auspicious, significant, precise and finish for it to be utilized viably. Straightforwardness and
responsibility in Government are commonly strengthening. Be that as it may, genuine
execution of straightforwardness related changes on the ground, while not without stellar
illustrations and advance in a few nations, stays checkered all around. This swing from a
default of mystery to straightforwardness is an exceptionally indispensable one. It not just
demonstrates a solid obligation on the state to give data according to the law, yet can likewise
be viewed as a sign of a move in the very conceptualization of the body politic. Some time
ago uninvolved subjects of a state are rethought as dynamic nationals with a genuine
enthusiasm for such data, and in this way having an inborn ideal to it. Majority rules system
requires an educated citizenry and straightforwardness of data which are essential to its
working and furthermore to contain defilement and to consider Governments and their
instrumentalities responsible to the represented. It gives a structure to an educated open to
pick up attention to the communications between organizations of government.
TRANSPARENCY AND ACCOUNTABILITY IN
GOVERNANCE
What does transparency actually mean? Going by the wide definition of Tandon(2002)
forward, transparency refers to the criteria and issues of desicion making which is openly
known to the public at large .For ex, the selection of people for any governmental scheme
would be on the basis of publicly communicated criteria and who are eligible for applying
and also the manner in which they will apply.

The operation of RIGHT TO INFORMATION ACT (2005) set fourth the platform for
transparency and proper functioning of the government and its units. According to this act;
every citizen has the right to information regarding the working of the governmental
organizations. It has been rightly said that’ RTA ACT is a vehicle for greater transparency
about the manner of functioning of public agencies’

A study was conducted(PRIA,2008) regarding the implementation of the RTA ACT in 12


states which gave the following conclusions:

*Information regarding who was the designated PUBLIC INFORMATION OFFICER was
not available in 90% of the districts.

*Also, nearly half of the population in various districts felt that the PIO’s were not
cooperative in giving out any kind of information.

*Self disclosure mandated in Sec 4 of the RTI ACT was not made in 90% of the districts in
these states.

It is assumed that if proper amount of information is available to the citizens then they can
demand the services and rights from the respective authorities.

Transparency is essential for making the system of public service effective, and providing to
the citizens adequate information so that they can claim their rights.

Along with transparency comes another concept; ACCOUNTABILITY. Accountability


refers to being answerable to the public at large for all the actions of the government. For ex,
if the task is to select people for a governmental scheme then, then accountability will imply
whether the task has been carried out using the proper criteria and whether the rules have
been followed properly. Transparency and Accountability, Transparency and responsibility
are correspondingly supporting. Basically the term responsibility epitomizes three principle
components; answerability-the requirement for defense of activities; implementation the
authorize that could be forced if the activity or support of activities is observed to be
unsuitable (Schedler, 1999).; and responsiveness - the capacity of those considered
responsible to react to the requests made (Posani and Aiyar, 2009).
INSTITUTIONS OF TRANSPARENCY IN INDIA
The Catch 22 in Indian Institutional structure to guarantee straightforwardness and
accordingly responsibility is inevitable. The by right strategies may have all the earmarks of
being all set up, but then in the accepted execution and conveyance, there is wild defilement,
non-appearance, apathy, ineptitude, wasteful aspects or through and through disappointments.
At the core of these disappointments, is a foundational emergency of responsibility. Indeed, a
few onlookers have contended that the Indian express, its organizations, and the guidelines
that administer them are organized to keep away from responsibility through and through
(Mehta 2003, Saxena 2004). Straightforwardness is now and again in pressure with
responsiveness and portrayal in strain with both. The critical point is that blending the
distinctive parts of responsibility is impossible by reasonable fiat. It is an experimental issue
tended to by institutional outline and the solid work of governmental issues. "A prevalent
government without well known data, or the methods for securing it, is yet a preface to a
sham or a disaster or maybe both. Information will everlastingly oversee obliviousness, and a
people who intend to be their own governors, must arm themselves with the power learning
gives." - James Madison, Former US President, 1822. The early greetings of open and
straightforward government in India can be said to have started with the historic point
judgment of Justice P. N. Bhagawati of the Supreme Court of India in 1981, (Gupta S.P.
versus Union of India (1982), Supreme Court of India, AIR 1982SC149) where, other than
giving a general depiction of open government he focused on the requirement for expanded
exposure in issues identifying with open issues. Noticing that open government implies
„information accessible to the general population with more prominent introduction of the
working of government which would help guarantee the general population a superior and
more productive administration‟ he went ahead to portray Open Government in India to be,
"the new majority rule culture of an open society towards which each liberal vote based
system is moving and our nation (India) ought to be no special case". The proclamation of
Right to Information Act (2005) set the phase for the straightforwardness in the working of
the legislature and its different organizations. Under this Act, access to data from an open
office has turned into a statutory right of each resident. In its establishment, it had been
contended that the arrangement of government in India is opaque to the point that
conventional residents don't have much dataabout how choices are made and how open assets
are used. As a result, RTI Act is a vehicle for more prominent straightforwardness about the
way of working of open offices. There have been some „major gains‟ in exposure of data, as
detailed in media and research every once in a while. Concurring area 2 (j), „right to
information‟ incorporates the privilege to  Inspection of work, archives, records;  Taking
notes, removes or ensured duplicates of reports or records;  Taking guaranteed tests of
material;  Obtaining data as diskettes, floppies, tapes, video tapes or in some other
electronic mode or through printouts where such data is put away in a PC or any other device.
THE HUB OF TRANSPARENCY

The Chief Information Commission (CIC) was set up in 2005 and came into operation in
2006. Data Commissions sit at the junction between the privileges of general society and the
obligations of authorities. All things considered, it is fundamental that their judgments are
reliable, very much supported and can confront examination - by the courts, people in general
and authorities. At least, all choice notification should be gathered inside into a focal
database, so Commissioners and staff can without much of a stretch allude back to past
choices. Choices should be gathered and documented regardless of the possibility that they
are issued summarily as a short request, and when they include complex lawful focuses and
appear as more point by point judgments. State data commissions have additionally been
setup, in this way giving viable shape to the 2005 Right to Information (RTI) Act. It is
normal that the CIC will help spread the way of life of open looking for data under the RTI
and uncover wrong doings. One of the Information Commissions‟ most essential parts is to
deal with claims and objections made under the Act. While an inner interests instrument is
accessible as a reasonable first open door under Section 19(1), oversight by Information
Commissions which are free of government is a standout amongst the most vital shields
incorporated into the Act to guarantee consistence with the law. By setting solid points of
reference for receptiveness, the Information Commissions works to handle dug in societies of
mystery that may keep on impacting on transparency under the Act.

It is significant that the Information Commission remains easy to use and does not transform
into another excessively legitimate gathering which is commanded by attorneys. In spite of
the fact that the Commission has the forces of a common court under s.18(3) of the Act, in
any case, the Commission isn't relied upon to work like a court. The fundamental objective of
setting up the Commissions was to give a contrasting option to the courts which was shabby
and simple to use for conventional individuals. It is important that Information Commissions
can be effortlessly used by any individual from the general population, not only the
individuals who can bear the cost of modern legitimate portrayal. If authorities draw in lawful
advice, the Information Commission, as a transparency champion, should be proactive in
guaranteeing that contentions for exposure are not disregarded essentially in light of the fact
that the requester is absent or has not utilized an attorney. This approach concentrates on
guaranteeing that the central protected ideal to data is appropriately implemented – instead of
just transforming hearings into an opposition as to which party has assests and abilities to
improve a contention. Above all, sec 19; incorporates a catch all expression which empowers
all Information Commissions to ‘’require people in general expert to make any such strides as
might be important to secure consistence with the arrangement of the act’’. This provision
when joined, with sec19(7)- which settles on it unequivocal that the choice of the Central and
State commission have statutory clout to be champion of transparency and responsibility,
keeping in see the rules and goals of law.
Yearly reports give noteworthy prospect to attract thoughtfulness regarding RTI usage issues.
The insights gathered in the Annual Report can be a vital checking instrument for heads of
open specialists, nodal offices and the Information Commissions to frequently evaluate
whether experts are meeting their commitments under the Act. They can be utilized to
recognize any open specialists which maybe require extra preparing or frameworks bolster –
for instance, since insights demonstrate that they are routinely missing due dates for
discarding applications or claims. At the time the Annual Report is tabled in Parliament,
Information Commissions issues a public statement condensing the features and mishaps as
far as working. Attention is fundamental methods for urging Governments to make a move to
address execution inadequacies. With regards to the solid proactive divulgence prerequisites
in the Act at s.4, Annual Reports ought to be made accessible for investigation at each open
expert, so all individuals from the general population can without much of a stretch reveal the
lacunas in the Act while it is being actualized. It is fundamental that mindfulness raising and
execution

It is fundamental that mindfulness raising and usage systems assess the neighborhood needs
of groups, as this makes it conceivable that the group feels a feeling of "possession" of the
RTI and will recognize its essentialness to their lives. In this milieu, encounter has
demonstrated that systems which advance government-group execution organizations can be
basically useful. Ideal to Information Councils is one instrument for advancing extra group
engagement with the Act.

In different purviews, Information Commissions have additionally set up Government-Civil


Society Advisory Committees, drawing together agents from common society, the private
segment and the media with authorities and Commission staff to make proposals for changes
and recognize holes in execution and access by and by. This can be a significant methods for
catalyzing common society associations to expect their own open mindfulness exercises, as
they consider that they have an immediate stake in guaranteeing that execution endeavors are
viable. In India, common society bunches have been especially vigorous in bringing issues to
light of the Act, and their endeavors may well be upheld and supported by Information.
TRANSPARENCY AND ACCOUNTABILITY IN THE
PRESENT TIMES

Head administrator Narendra Modi immovably trusts that straightforwardness and


responsibility are the two foundations of any master individuals government.
Straightforwardness and responsibility not just interface the general population nearer to the
legislature yet in addition influence them to equivalent and fundamental piece of the basic
leadership process.

Amid his record 4 terms as Chief Minister Narendra Modi showed solid sense of duty
regarding an open and straightforward government. Guidelines and arrangements were not
surrounded in AC Chambers but rather among the general population. Draft approaches were
put online for individuals to give their criticism and recommendations. In the meantime,
activities, for example, Garib Kalyan Melas guaranteed that products of advancement
straightforwardly achieve the poor with no formality. Another illustration is model of 'One
Day Governance' that spotlights on giving time bound administrations to the nationals by
utilizing the e-administration foundation. TCommissions.

The primary target of this was to guarantee arrangement of all Government-to-resident


administrations secured under the Citizens' Charter.

His solid set out to straightforwardness supported by the way in which he put this
responsibility regarding practice demonstrates a time of open, straightforward and individuals
driven government for the general population of India

As of late, a few tell-all books have risen dissecting the identity attributes of legislators in the
past government, and also connections between essential government and political gathering
figures. There are guarantees in these books about power and control in government, the
designation and centralization of expert at the most elevated amounts of legislative issues,
and the proper connection between the political party and the legislature.
According to the responses to these books, the writers—Tavleen Singh, Sanjaya Baru, and
Natwar Singh—have addressed touchy themes, which are not quite recently delicate for the
subjects of their books. The cases and counter-asserts by the creators and their subjects have
started off a tremendous level headed discussion, giving feed to warmed discussions in
drawing rooms around our nation.

Vicarious joy in find out about the private existences of acclaimed individuals is an at first
self-evident, in any case unacceptable clarification for the showed enthusiasm for these books
and talks about these subjects. I trust that the charm of these current disclosures comes from a
fundamentally vital insufficiency in Indian open life: the articulate absence of
straightforwardness about the financing and interior working of InHow about we begin with
political financing. To revive recollections, we learnt in 2013 from essential work done by the
Association for Democratic Reforms and National Election Watch that about 75% of
financing got by Indian political gatherings over the earlier decade originated from
mysterious givers. These associations accommodated pay expense forms documented by the
real gatherings with the revelations made to the Election Commission to touch base at this
figure. Generally Rs. 5,000 crore (or generally $800 million) was gotten by these gatherings
over the period, and crosswise over gatherings, the part originating from undisclosed sources
shifted in the vicinity of 40% and 100%.

At the point when a Right to Information (RTI) ask for was recorded to inspire more subtle
elements, the gatherings disputed, asserting that they didn't fall under the domain of the
significant Act. The Central Information Commission courageously couldn't help
contradicting the gatheringsdian political gatherings, , and decided that they did undoubtedly
fall under the ambit of the Act. Obviously, the typical change of enactment to fit current
destinations kicked in, and the decision UPA-II government acquainted the notorious Right
with Information Amendment Bill, 2013, to explicitly prohibit political gatherings from RTI
asks. on this issue has quite recently gotten an immense mishap, with the present government
announcing on the 31 July that it will bolster this RTI Amendment Bill. This is an entire U-
turn from its past position when it was in the resistance, when it asserted that political
gatherings ought to for sure be liable to RTI.

Obviously, the thinking behind this choice is that the "smooth inside working" of political
gatherings will endure because of being liable to RTI. This appears a little cost to pay for the
advantages of expanded trust in Indian governmental issues. It additionally appears that this
U-hand over the administration's position runs counter to its crusade guarantees of re-
bringing honor into open life.

A lot of time and segment inches have been given to investigating the generally tepid In a
period when government revealing and straightforwardness are being addressed, it is
important that administrations work to build up—as a need—more noteworthy trust amongst
themselves and their constituents. Governments utilize citizens' assets to put resources into
foundation and give administrations and should be responsible for how those assets are
utilized. To build up believe, it is critical that administrations give exact and finish data on
resources and liabilities and in addition incomes and costs. Giving complete data on all
exchanges exhibits responsibility and stewardship; strengthens validity; and gives clear and
thorough data with respect to the money related outcomes of financial, political, and social
choices.

This data must concentrate on both the here and now and longer-term effects of basic
leadership; the last of which can't be accomplished through the announcing and revelation of
just money streams. That is, the kind of data required must be given through a high caliber,
vigorous, and viable collection based money related detailing frameworkspending that we
have recently seen. It appears that it may be a great opportunity to move the concentrate from
checking progress on basic leadership effectiveness and monetary issues towards assessing
progress on guarantees of reestablishing trust in political choices and procedures following
the catastrophes of the past government.

TRANSPARENCY IN THE PUBLIC SECTOR


In a period when government revealing and straightforwardness are being addressed, it is
important that administrations work to build up—as a need—more noteworthy trust amongst
themselves and their constituents. Governments utilize citizens' assets to put resources into
foundation and give administrations and should be responsible for how those assets are
utilized. To build up believe, it is critical that administrations give exact and finish data on
resources and liabilities and in addition incomes and costs. Giving complete data on all
exchanges exhibits responsibility and stewardship; strengthens validity; and gives clear and
thorough data with respect to the money related outcomes of financial, political, and social
choices.

This data must concentrate on both the here and now and longer-term effects of basic
leadership; the last of which can't be accomplished through the announcing and revelation of
just money streams. That is, the kind of data required must be given through a high caliber,
vigorous, and viable collection based money related detailing framework

ii) Monitoring of government obligation and liabilities for their actual monetary ramifications
The sovereign obligation emergency, and the outcomes that are as yet being looked about the
globe, delineate general society part monetary record administration disappointments by
numerous legislatures, and feature the powerlessness of associations, for example, worldwide
money related foundations, speculators in government obligation, and FICO score offices to
enough screen the budgetary places of governments. It is critical to consider the accounting
report paying off debtors financing since long haul speculations might be somewhat financed
by long haul obligation—simply like any family unit utilizing a home loan to back a home.

A noteworthy need for all administrations ought to diminish financial vulnerabilities and the
huge dangers postured by improperly oversaw obligation. Nonetheless, perceive that
administration obligation alone does not give an extensive picture of financial soundness. The
full divulgence of all benefits, liabilities, and unexpected liabilities is essential for evaluating
the genuine monetary ramifications of open area money related administration. Moreover, the
exposure of all liabilities, including an administration's long haul commitments (e.g., benefits
commitments), may urge government pioneers to settle on choices that attention on long haul
manageability, and that are not driven by here and now political impetuses.

Just through a high caliber, vigorous, and powerful accumulation based money related
revealing framework would all be able to government resources and liabilities (counting
obligation) be properly recorded, announced, and unveiled, and henceforth viably checked.

Governments need to address long haul manageability and the welfare of future ages ought to
force governments to perceive and act, now and into the future, to upgrade the announcing,
straightforwardness, responsibility, and basic leadership of the general population segment.

Selection and Implementation of IPSASs:

The selection of IPSASs by governments worldwide will enhance the nature of monetary data
announced by open elements. Worldwide reception of these principles will encourage the
similarity of such data on a worldwide premise and aid inside administration choices in asset
designation (arranging and planning), observing, and responsibility.

While the use of IPSASs alone would not take care of the issues featured by the sovereign
obligation emergency, the money related data would help open authorities and different
gatherings in evaluating the ramifications of monetary choices proposed or made by
governments. In reality, it can be contended that without better detailing and upgraded
straightforwardness and responsibility, the issues featured by the present sovereign obligation
emergency will never be genuinely settled.

CONCLUSION
The working of organizations of straightforwardness is experiencing a worldview change.
Center has moved from mystery to straightforwardness, from working in segregation to
working with the general population, from assertion to responsibility for activities. These
incorporate accentuations on substantive upgrades in open government laws and legislative
consistence with them, particularly as far as the opportuneness and conceivability of
divulgences, and additionally on fortifying foundations that can give more educated and
thorough resolutions of enlightening revelation question. There is a general accord in India
that these organizations of straightforwardness taken separately and aggregately, have failed
to meet expectations.

The new churnings in community relationship in India, and fresher half and half means by
which they are requesting responsiveness from the express, the Decentralization and
expanded „sightings of the state‟ (Corbridgeet al 2005), the Right to Information Legislation
‐ all present the possibility to open up more up to date open doors for strengthening of
individuals, and for their cases for a straightforward and responsible government. (Posani and
Aiyar) taking everything into account, lease chasing and asset dispersing exercises are a
subversion of the will of the voters, encouraged by darken spolicymaking forms.
Straightforwardness Institutions confines lease creation and redirection by driving equitably
chose policymakers to be responsible to the subject.

In any case, organizations made to fortify the connection amongst straightforwardness and
responsibility is neither programmed nor unassailable. The institutional connections shared
amongst straightforwardness and responsibility measures considers subjects to access and
utilize the data in seeing how the organizations are working; in cabin protestations if the
methods are taken after or if there is infringement by virtue of fidelity or foreswearing of
fundamental privileges to natives through systems of grievance redressal. Nonetheless,
regardless of the possibility that straightforwardness systems make the open door for the
activity of voice, the interpretation of voice into responsibility needs extra investigation of the
routes in which straightforwardness and responsibility measures are planned, the social and
institutional variables which effect such relations and enable subjects with the fitness to apply
their voice and demand responsibility from the state.

BIBLIOGRAPHY

[1]. Ackerman, J., (2004), „Co‐Governance for Accountability:


Beyond „„Exit‟‟ and „„Voice‟‟‟, World Development 3
2(3): 447–463 [2]. Banerjee, A., Banerji, R., Duflo, E., Glennerster,
R. and Khemani, S., (2006) „Can Information Campaigns Spark Local
Participation and Improve Outcomes? A Study of Primary Education
in Uttar Pradesh, India‟, World Bank Policy Research Working Paper
3967
[3]. Blumkin, Tomer and Gradstein, Mark (2002). Transparency
Gloves for Grabbheing Hands – Politics and (Mis) Governance.
[4]. Central Information Commission; (2006) Annual Report 2005-
2006 Ministry of personnel, public grievances & Pensions;
Government of India ; New Delhi
[5]. Curtin, D. & Meijer, A. J. (2006). Does transparency strengthen
legitimacy? Information Polity: The International Journal of
Government & Democracy in the Information Age, 11(2), 109-122.
[6]. D. Kapur & P.B. Mehta (2005) Public Institutions in India –
Performance and Design, New Delhi: Oxford University Press.
[7]. Florini, A., (2007) “Introduction: The Battle Over
Transparency”, in Anne Florini edited. The Right to Know:
Transparency for an Open World, New York. Columbia University
Press, pp. 5 [8]. Fox, J. (2007), The Uncertain Relationship between
Transparency and accountability‟, Development in Practice, Vol.
17(4/5), pp. 663-671

THANKYOU.

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