Transparency and e-governance
Transparency and E-Governance
What is Transparency in Governance?
Transparency in governance means that government actions, decisions, and processes are open and clear to the public, allowing citizens to access information and hold authorities accountable. It prevents corruption and promotes democratic participation.
What is E-Governance?
E-Governance refers to the use of information and communication technology (ICT) by government agencies to deliver services, exchange information, conduct transactions, and empower citizens more efficiently and transparently.
Importance of Transparency and E-Governance
Promotes accountability and reduces corruption.
Enables citizens to be informed and participate in governance.
Simplifies procedures and improves delivery of public services.
Provides real-time access to government data and services.
Supports better decision-making through data availability.
Key Case Laws on Transparency and E-Governance
1. State of Uttar Pradesh v. Raj Narain (1975) — The Right to Information Aspect
Facts:
Raj Narain filed an election petition challenging the election of then Prime Minister Indira Gandhi, seeking disclosure of election records.
Issue:
The extent of transparency required from the government in matters concerning public interest.
Judgment:
The Supreme Court held that transparency is essential in governance, especially regarding public interest and elections, to maintain the rule of law and democracy.
Significance:
Although RTI was not formally enacted then, this case underscored the necessity of transparency and laid the foundation for later laws on right to information.
2. S. P. Gupta v. Union of India (1982) — Landmark Case on Transparency
Facts:
Several petitions were filed challenging the appointment of judges in higher judiciary on grounds of transparency.
Issue:
Whether the process of appointments should be open to public scrutiny.
Judgment:
The Supreme Court recognized the “basic structure” of democracy includes transparency and public scrutiny, especially in judiciary appointments, though it stopped short of ordering complete transparency.
Significance:
Reinforced the principle that transparency is a constitutional value and key to good governance.
3. Union of India v. Association for Democratic Reforms (2002) — Political Candidates’ Disclosure
Facts:
The petition sought disclosure of candidates’ criminal, financial, and educational details during elections.
Judgment:
The Supreme Court held that citizens have the right to know about the background of candidates to make an informed choice, and such disclosure promotes transparency.
Significance:
Boosted transparency in elections and governance, indirectly encouraging e-governance to facilitate such disclosures.
4. Central Board of Secondary Education (CBSE) v. Aditya Bandopadhyay (2011) — Right to Information and Transparency
Facts:
CBSE refused to disclose the answers of an examination paper under the Right to Information (RTI) Act.
Issue:
Whether information held by government bodies, such as examination answers, is subject to disclosure.
Judgment:
The Supreme Court ruled that information relating to exam answers is “information” under RTI and must be disclosed unless specifically exempted.
Significance:
Expanded the scope of transparency and right to information, encouraging e-governance tools for information access.
5. Anjali Bhardwaj v. Union of India (2014) — Implementation of E-Governance
Facts:
A Public Interest Litigation was filed seeking better implementation of e-governance initiatives to improve transparency and service delivery.
Judgment:
The Supreme Court emphasized the government’s obligation to implement e-governance effectively, ensuring transparency, efficiency, and accessibility of public services.
Significance:
Reinforced the importance of e-governance as a tool to enhance transparency and reduce corruption.
Summary
Transparency ensures government accountability and public participation.
E-Governance uses technology to make governance efficient, accessible, and transparent.
Landmark cases have reinforced transparency as a constitutional and democratic necessity.
Right to Information (RTI) Act plays a pivotal role in promoting transparency.
Courts have promoted disclosure of information and implementation of e-governance for public welfare.
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