Transparency & accountability and institutional and other measures

Transparency

A government, which operates in greater secrecy, is more prone to corruption as compared to a
government, which operates in greater openness
Transparency refers to availability of information to the general public and clarity about functioning of
governmental institutions.
Transparency in government organisations makes them function more objectively thereby enhancing
predictability
Transparency in governance helps to strengthen the foundations of democracy
Transparency is used to imply openness and accountability.
An organisation is said to be transparent when its decision making and manner of working is open to
public and media scrutiny and public discussion.
A transparent system of administration helps to engender participation by the public in the decision
making processes of government thus contributing to a grass roots level and functioning democracy
India took a major step towards transparency in administration with the enactment of the Right
to Information Act, 2005.

Ways to Promote Transparency
Promoting Competition
Most public services are provided by government in a monopolistic setting.
This situation is conducive to arbitrariness and corruption
Each Ministry/Department may undertake an immediate exercise to identify areas where
the existing monopoly of functions can be tempered with competition.
Simplifying Transactions
corruption increases due to complex nature of work methods
multiplicity of layers in every decision making process results in delays and corruption
A single window clearance of all requirements can cut down on corruption as it simplifies
procedures and reduces layers.
Using Information Technology
Use of IT in governance results in quick, improved and hassle free governance
RTI
India took a major step towards transparency in administration with the enactment of the
Right to Information Act, 2005
Integrity Pacts
an agreement between the public agency involved in procuring goods and services and the
bidder
Bidders have not paid and shall not pay any illegal gratification to secure the contract.
Reducing Discretion
Opportunities for corruption are greater in a system with excessive discretion in the hands
of officials
Discretion must be reduced for maximizing transparency and strict accountability for
actions




Accountability
It is answerability for ones action or behaviour
Methodology through which a public agency or a public official fulfils assigned duties and obligations
Purposes of Accountability 3 purposes
1. Controlling abuse of power and discretion
2. Assurance that performance will be in accordance with standards and quality
3. To have a system for promoting learning in pursuit of continuous improvement in governance and public
management.
Accountability places 4 requirements on public administration
Make laws work as intended with a minimum of waste and delay
Exercise lawful and sensible administration discretion
Recommend new policies and propose changes in existing policies and programmes as needed; and
Enhance citizen confidence in the administrative institutions of government

Types of Accountability
1. Fiscal Scrutiny of records of financial transactions to ensure that expenditure has been legally made
2. Process Performance of tasks by public agencies is scrutinized. Process irregularities in roads and
buildings are detected
3. Programme Focuses on results or effectiveness. Scrutiny of effective implementation of govt. schemes
Tools of Accountability
Ends (to facilitate /
enhance)
Means (Tools)
Legitimacy
Constitutions and electoral systems for establishing government and
decision-making bodies;
bureaucratic systems of representation;
Royal prerogative;
legislations;
letters of appointment;
standing orders and formal delegations of authority
Moral Conduct
Upholding social values, concepts of social justice and public interest;
professional values;
training/induction programs
Responsiveness
Public participation and consultation;
debates;
advisory bodies;
public meetings;
freedom of speech
Openness
Parliamentary questions time;
public information services, freedom of information laws: public hearings:
green and white papers;
annual reports

Optimal resource
utilisation
Budgets;
financial procedures;
rules of vehement;
parliamentary public accounts committees;
auditing;
public enquiries and participation;
formal planning systems
Efficiency and
effectiveness
Information communication systems;
setting objectives and standards;
programme guidelines;
approval;
feedback from public

Institutions and Mechanisms that Promote Accountability

Outside the State (Vertical)
To the people through elections
Through RTI Act to citizens
High effectiveness
Citizens oversight committees
Civil society/watchdog bodies
Media
Low effectiveness
Service delivery surveys
Citizens charters
Low to medium effectiveness
Within the State (Horizontal)
External
(Outside the Executive)
Parliament
Judiciary
Lokayukta
CAG
CVC
Internal
(Within the Executive)
Superior officers
Rewards/punishments
Disciplinary procedures
Performance Management System
CBI/police/vigilance
Internal Audit
Grievance Redressal Mechanisms



2
nd
ARC observations and recommendations for accountability
Public perception is that government servants are unresponsive to the needs and concerns of citizens
System does not address this problem because the mechanisms to ensure accountability, integrity and
efficiency of public servants do not appear to be adequate
Life-long job security to a government servant leads to distorted incentive structure.
very rarely is a government servant punished or removed for poor performance
an element of complacency and inertia has got internalized in the civil services
this also results in indiscipline and insubordination

Recommendations
A system of two intensive reviews one on completion of 14 years of service, and another on completion
of 20 years of service - should be established for all government servants

first review at 14 years for informing public servant about his/her strengths and shortcomings for his/her
future advancement and assessing his/her training needs
second review at 20 years to assess the fitness of the officer for his/her further continuance in
government service
services of public servants who are found to be unfit after the second review at 20 years, should be
discontinued
For new appointments it should be expressly provided that the period of employment shall be for 20
years.
Further continuance in government service would depend upon the outcome of the intensive
performance reviews.


Institutional Framework
Existing Institutions/Agencies
Union Government
The Administrative Vigilance Division of the Department of Personnel & Training is the nodal agency
for dealing with Vigilance and Anti-corruption.
Its tasks
o To oversee and provide necessary directions to the Governments programme of maintenance of
discipline and eradication of corruption from the public services.
o The other institutions and agencies at the Union level are
The Central Vigilance Commission (CVC);
Vigilance units in the Ministries/Departments of Government of India, Central public
enterprises and other autonomous organisations; and
CBI

CVC
Central Vigilance Commission was set up by the Government of India by a Resolution dated 11.2.1964
Recommendations made by the Committee on Prevention of Corruption, Santhanam Committee
It was accorded statutory status, through the Central Vigilance Commission Act, 2003.
The CVC advises the Union Government on all matters pertaining to the maintenance of integrity in
administration.
It exercises superintendence over the working of the Central Bureau of Investigation, and also over the
vigilance administration of various Ministries and other organizations of the Union Government.

Vigilance Units in the Government of India

All Ministries/Departments in the Union Government have a Chief Vigilance Officer (CVO)
He heads the Vigilance Division of the organization
Assists and advises the Secretary or Head of Office in all matters pertaining to vigilance.
He also provides a link between his organisation and the Central Vigilance Commission on the one hand
and his organisation and the Central Bureau of Investigation on the other.
Vigilance functions performed by the CVO include collecting intelligence about corrupt practices of the
employees of his organisation;
investigating verifiable allegations reported to him;
processing investigation reports for further consideration of the disciplinary authority concerned;
Referring matters to the Central Vigilance Commission for advice wherever necessary.

CBI

Principal investigative agency of the Union Government in anti-corruption matters.
It derives its powers from the Delhi Special Police Establishment Act, 1946 (DSPE Act)

Vigilance Systems in State Governments
similar vigilance and anti-corruption organisations exist,
Although the nature and staffing of these organisations vary between and across state governments.
While some states have Vigilance Commissions and anti-corruption bureaus, others have Lokayuktas

Lokpal
first Administrative Reforms Commission had recommended the establishment of the institution of Lok
Pal
The Lok Pal Bill has been introduced several times but due to various reasons it has been enacted into
law only recently.
The Lok Pal is supposed to be a watchdog over the integrity of Ministers and the Members of
Parliament

The Lokayukta
Recommendations of the first Administrative Reforms Commission, many State Governments enacted
legislation to constitute the Lokayukta
to investigate allegations or grievances arising out of the conduct of public servants
including political executives, legislators, officers of the State Government, local bodies, public
enterprises and
other instrumentalities of Government including cooperative societies and universities
Ombudsman at the Local Level
A local bodies Ombudsman should be constituted for a group of districts to investigate cases against the
functionaries of the local bodies.
The State Panchayat Raj Acts and the Urban Local Bodies Act should be amended to include this
provision.
The local bodies Ombudsman should be empowered to investigate cases of corruption by the
functionaries of the local self governments, and submit reports to the competent authorities for taking
action.

Strengthening Investigation and Prosecution

Prosecution is often a weak link in the chain of anti-corruption law enforcement
The State Vigilance Commissions/Lokayuktas may be empowered to supervise the prosecution of
corruption related cases.
Modern techniques of investigation should also be deployed like electronic surveillance, video and
audio recording of surprise inspections, traps, searches and seizures.
A reasonable time limit for investigation of different types of cases should be fixed for the investigative
agencies.

Social Infrastructures for Accountability
1. Citizens Initiatives:
Citizens voice can be effectively used to expose, denounce and restrain corruption
o Eg: Anna Hazare movement for Lokpal
o National Campaign for Peoples Right to Information / Parivartan, New Delhi on Right
to Information
Citizens Charters should be made effective by stipulating the service levels and also the remedy
if these service levels are not met.
Citizens may be involved in the assessment and maintenance of ethics in important government
institutions and offices.

2. False Claims Act

Legislation on the lines of the US False Claims Act should be enacted, providing for citizens and
civil society groups to seek legal relief against fraudulent claims against the government.
Law should have the following elements
o Any citizen should be able to bring a suit against any person or agency for a false claim
against the government.
o If the false claim is established in a court of law, then the person/agency responsible shall
be liable for penalty equal to five times the loss sustained by the exchequer or society.
o The loss sustained could be monetary or non-monetary as in the form of pollution or
other social costs. In case of non-monetary loss, the court would have the authority to
compute the loss in monetary terms.
o The person who brought the suit shall be suitably compensated out of the damages
recovered.

3. Role of Media

It is necessary to evolve norms and practices requiring proper screening of all
allegations/complaints by the media, and taking action to put them in the public domain.
The electronic media should evolve a Code of Conduct and a self regulating mechanism in order
to adhere to a Code of Conduct as a safeguard against malafide action.
Government agencies can help the media in the fight against corruption by disclosing details
about corruption cases regularly.

4. Social Audit

Social audit through client or beneficiary groups or civil society groups is yet another way of
prevention of wrong doing
Operational guidelines of all developmental schemes and citizen centric programmes should
provide for a social audit mechanism.

Some Recent Bills to enhance Accountability
1. Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their
Grievances Bill, 2011
law that would give citizens a way in which to hold government functionaries accountable
has the potential to transform the relationship between an ordinary Indian and the bureaucracy
builds on the transparency regime of the RTI by encouraging citizens to use information to
enforce accountability

2. Judicial Standards and Accountability Bill, 2010
provides for setting up a mechanism for investigating complaints of corruption and irregularities
against members of the higher judiciary

3. Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2013
Provides for
o prevention and control of communal violence,
o speedy investigation and trials, and
o rehabilitation of victims
wishes to create a robust accountability system
Punishment to a public servant
o If he acts in a mala fide manner
o causes harm to any person or property
o fails to exercise his authority to prevent communal violence
o disruption in maintenance of essential services to a community

Other New Updates
1. MPLADS Scheme (Members of Parliament Local Area Development Scheme) Reduces
Accountability
A scheme that provides a Rs 2-crore fund to every MP to invest in development works in his
constituency.
Since 2011, amount increased to Rs 5 crore
Scheme has been dogged by controversies
Audit reports expose corruption and inadequate utilisation
Accountability requires that rules and responsibilities across all levels of government be clearly
defined and that there be no overlap this scheme flaunts this.

2. Machhil Encounter Case
Army decided to court-martial six military personnel, including a Colonel, in a fake encounter at
Machhil in the Kashmir Valley in April 2010.
In this case army departed from its routine practice of taking cover under AFSPA to evade
investigation and scrutiny
Accountability for military misdeeds during counter-insurgency operations is a great challenge.

3. Feb 2013 - SC issued notice to the Centre on a PIL seeking to make intelligence agencies IB, RAW and
NTRO accountable to Parliament
Petition sought directions from the court for Parliamentary oversight and financial auditing of
RAW, IB and National Technical Research Organisation (NTRO) by CAG.
Pushpender singh
References
1. IGNOU Notes
2. 2
nd
ARC Reports
3. The Hindu
4. Indian Express
5. PRS