Some recent developments such as the introduction of the RTI Act, media and judicial activism, etc. are proving helpful in bringing about greater transparency and accountability in the functioning of the government. However, it is also being observed that at times the mechanisms are misused. Another negative effect is that the officers are now afraid to take prompt decisions. Analyze the situation in detail and suggest how the dichotomy can be resolved. Suggest how these negative impacts can be minimized.

Ethics
Ethics: Theory
2015
10 Marks

The RTI Act, media scrutiny, and judicial activism are crucial for transparent and accountable governance in India. However, their potential misuse and creation of decision-making paralysis pose significant ethical dilemmas. This necessitates a balanced approach.

Transparency and Accountability

These mechanisms promote transparency by empowering citizens and fostering informed public discourse, aligning with Gandhi's Swaraj principle. The RTI facilitates access to government information, media exposes wrongdoing, and the judiciary ensures accountability, reflecting constitutional values like Articles 14 (equality) and 19 (freedom of speech).

  • Citizen Empowerment: RTI enables citizens to hold the government accountable.
    • Example: The RTI was used to expose irregularities in the allocation of 2G spectrum licenses in 2008.
  • Media Vigilance: Investigative journalism exposes corruption and malpractice.
    • Example: Tehelka's Operation West End sting operation in 2001 exposed corruption in defense deals.
  • Judicial Review: Courts ensure administrative actions adhere to the rule of law.
    • Example: The 2013 Supreme Court judgment in the Lily Thomas case upheld electoral disqualification upon conviction.

Addressing Negative Impacts

The misuse of these mechanisms can erode public trust and hinder effective governance, contradicting Kautilya's principles of efficient administration. Balancing transparency with efficient decision-making requires ethical conduct and systemic reforms.

  • Preventing Misuse: Stricter penalties for frivolous RTI applications and safeguards against malicious media trials are needed.
    • Example: The 2011 amendment to the RTI Act allows penalizing applicants for seeking vexatious information.
  • Promoting Decisive Action: Clear guidelines and protection for honest mistakes can encourage proactive decision-making.
    • Example: The Good Samaritan Law protects individuals who help accident victims from legal harassment.
  • Streamlining Processes: Digitization and process simplification can reduce bureaucratic delays and enhance efficiency.
    • Example: The e-Courts project aims to digitize court proceedings and improve efficiency.

A balanced approach, incorporating ethical considerations and systemic reforms, is crucial to ensure transparency and accountability while fostering a conducive environment for effective and decisive governance in India, reflecting the ideals of a just and equitable society.

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