Current Public Administration Magazine (NOVEMBER 2018)

Sample Material of Current Public Administration Magazine

1.Accountability and Control

Has the Right to Information Act been weakened?

The Right to Information (RTI) Act of 2005 is being weakened absolutely and decisively. Let’s understand how. For over a decade, citizens of India have tenaciously protected and guarded this people’s legislation, preventing repeated attempts to dilute the Act through amendments. Interestingly, no government has bothered to propose amendments which would make the RTI Act more robust and effective.
The BJP-led NDA government has diabolically planned and moved a set of targeted and fashioned amendments to the RTI Act which will not only undermine one part of the Act but structurally weaken the independence and authority of the only body that gives it teeth, thereby nullifying the entire Act.

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2.Indian Government and Politics

Has the Right to Information Act been weakened?

The Right to Information (RTI) Act of 2005 is being weakened absolutely and decisively. Let’s understand how. For over a decade, citizens of India have tenaciously protected and guarded this people’s legislation, preventing repeated attempts to dilute the Act through amendments. Interestingly, no government has bothered to propose amendments which would make the RTI Act more robust and effective.
The BJP-led NDA government has diabolically planned and moved a set of targeted and fashioned amendments to the RTI Act which will not only undermine one part of the Act but structurally weaken the independence and authority of the only body that gives it teeth, thereby nullifying the entire Act.
Access to information
One unique and attractive feature of the RTI Act was that it did not create a new bureaucracy for implementing the law. The RTI Act tasked and mandated officials in every office to change their attitude and duty from one of secrecy to one of sharing and openness. Despite many officials having a vested interest in not sharing information, the RTI statute carefully and deliberately empowered the Information Commission to be the highest authority in the country with the mandate to order any office in the country to provide information as per the provisions of the Act. And it empowered the Commission to fine any official who did not follow the mandate. This was enough of a strategic deterrence, and with all its difficulties, information did begin to flow out of government files and offices. In the stifling and dark atmosphere of governance that excluded people, this was a blast of fresh air and sunshine.
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3.Indian Administration

Layers of Protection

The amendments to the Prevention of Corruption Act, 1988, adopted recently by both Houses of Parliament, are a mixed bag. Moves to make changes in this law, aimed at combating corruption in government, were initiated during the UPA’s second term in office and largely centred on the misuse of one provision — Section 13 (1)d. Former Prime Minister Manmohan Singh had criticised this section, under which public servants are culpable for securing a pecuniary advantage for another “without any public interest”, for ignoring a foundational principle of criminal law: mens rea . This resulted in many honest officials being prosecuted even when they gained nothing and merely exercised their power or discretion in favour of someone. Insofar as it had a chilling effect on governance and deterred bold decision-making, the amended form may have a liberating effect on honest officials. Besides, it is more concise and restricts criminal misconduct to two offences: misappropriating or converting to one’s own use property entrusted to a public servant or is in his control, and amassing unexplained wealth. There was concern initially with the wording, “intentionally enriches himself illicitly during the period of his office”, as it raised a doubt whether the ‘intention’ to amass wealth would also have to be proved. Now an explanation has been added that a person “shall be presumed to have intentionally enriched himself” if he cannot account for his assets through known sources of income.

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4. Governance

Government-mukt governance

Many years ago, in a bid to evangelise the use of the Internet in India, a global technology giant decided to ‘seed’ some non-traditional locations in India with Internet access-enabled devices and free WiFi. These ‘non-traditional’ locations included schools in low-income areas, and slums.

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5. Current Topic

India needs smart urbanisation

Residents of Bhavanpur, a village about 15 km outside Ahmedabad, have been protesting against their inclusion in the city’s urban area by the local urban development authority. Similar protests have been observed in villages elsewhere in Gujarat. It’s a strange trend, the fruits of urban development seemingly rejected. Meanwhile, pollution in India’s urban areas seems to have sparked off a reverse migration. Farmers from Haryana who had migrated to Delhi and Gurugram for work to escape an agricultural crisis are increasingly going back to their farms during winter, unable to take the toxic pollution. And it’s not just big cities. India’s urbanisation template is clearly ripe for change.

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