INTERNATIONAL CONFERENCE ON TRANSPARENCY AND ACCOUNTIBILITY IN GOVERNANCE: ISSUES AND CHALLENGES On 13th & 14th October, 2012
Research Paper
TRACK:- PUBLIC HEARINGS IN PUBLIC INTEREST MATTER
:Transparency and Accountability in governance.
LEGISLATIVE PUBLIC HEARINGS AND POLITICS INTERMINGLED
Authors: SHASHANK DUBEY NISHANT PAL
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ABSTRACT This paper will be focused on Legislative Public Hearings which have the basic purpose to obtain public input on Legislative decisions in the matter of policies and is less formal in nature. Legislative Public Hearings are required by state law when a city or country addresses an issue involving wider range of citizens and perhaps the entire jurisdiction. Public bodies such as city councils board of county commissioners and planning commission are sometimes required by state law to hold public hearings. Since the issues hearing are frequently contentious may involve due process but practically a procedure are not spelled out in statutes that require hearings and there is no geared up guide for public bodies to follow when conducting hearings. These contentious issues are however used by Political Parties to propagate their political agendas in the name of public interest matter and the
result being that these procedures don’t eliminate litigation over the issues addressed in hearings. And so as the wisdom of legislative decisions reached as a result of such hearings are not questioned or second-guessed by the courts and if challenged they are reviewed only to determine if they are constitutional or violating state law. We in this paper will be discussing the importance of distinguishing Public Hearings from Politics in the name of Public Interest matter. As taking the case of recent reforms proposed in FDI policy of India which allows foreign Retail Giants like Walmart to enter into Indian Retail market and hence violating the Right to livelihood of unorganized sector and hampering the Socialistic base of the nation.
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CONTENTS
AIM......................................................................................................... 4 INTRODUCTION..................................................................... 5 CHAPTER I (PUBLIC PARTICIPATION: INTERPRETATION).................6 CHAPTER II (RIGHT TO INFORMATION)........................12 CHAPTER III (PUBLIC HEARING AND INDIAN SCENARIO)...............11 CHAPTER IV (Social Audit And It‟s Dimensions; ).................... 18 CHAPTER V ( FDI in retail sector and its Political justification................... 21 REFERENCES......................................................................... 23 AUTHORS DETAILS..............................................................24
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AIM This paper is focused on portraying the need and importance of public participation through public hearings in public interest matters and how public participation is interpreted in different countries in legislative processes. Public participation with the legislative process results in better laws and fewer amendments. Both transparency and accessibility of the legislative process are required for effective public participation . India, being a democratic country, faces major challenges regarding actual public participation of citizens since political parties make public matters as their only chance to cover their vote bank and are interested in opposing rather than solving the grievances of general public.
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INTRODUCTION
Democratic country like India, legislation is a tool which can effect great transformation if it is responsive to the needs of its poorest and most vulnerable sections. More often, however the lawmaking process is dominated by the ministers justifying their own agenda and technocratic civil servants and elites all of whom combine to make the legislation process inaccessible to general public. Deficiencies in legislative process thus has its negative effects on the quality of legislation and failure in transformed the social and economic order and the reason being the disproportionate influence in passing any policy or bill. As such a situation is observed in the recent policy of India for allowing 51 percent stake to FDI in retail sector to which P.M. responds saying “ government care for aam aadmi” but leaving a larger unorganised sector helpless and may influence lead to the close of their only means of livelihood and in place affecting the Right to livelihood of that section of public. India has already taken the first important step towards open government by enacting the robust Right to information Act ,in 2005. The national advisory council has also voiced the concerns of nongovernmental organisations (NGO‟s) and successfully influenced the policy and legislation recent years. However, the relevant contribution of a joint government civil society draft a strong Anti- corruption Bill following Mr. Anna Hazare campaign highlights the importance of strengthening and institutionalization public participation in the legislative process. Public participation can be regarded as a way of empowerment and as a vital part of democratic governance.
Participatory process is seen
as the facilitator
of collective
intelligence and inclusiveness , shaped by the desire for the participation of the whole community or society. Public participation is a part of people centred human centric principals which have emerged in western culture over last thirty years, and has had same bearings of education business public policy and international relief and developmental programs it may be advanced as a part of “ peoples first paradigm shift” And will lead to more transparent fair accountable and participatory legislative process which is needed by the contemporary time to bring a real change.
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CHAPTER I PUBLIC PARTICIPATION: INTERPRETATION
The International Association for “Public Participation’s Case Values”
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1. Public Participation is based on the belief that those who are affected by a decision have a right to be involved in the decision making process. 2. Public Participation includes a provision that public contribution will influence a decision. 3. Public participation promotes sustainable decision by recognising and communicating the needs and interests of all participants, including decision making. 4. Public participation seeks and facilitates the involvement of those potentially affected by or interested in a decision. 5. Public participation seeks inputs from participants in how 6. Public participation provides participation with information 7. Public participation communicates to participants how these inputs affected the decision.
Also; the NCPRI – National Campaign for Peoples‟ Right to Information, a platform of individuals and organisation committed to making Indian Government more transparent and accountable. The NCPRI along with the press council of India has been instrumental informing the initial draft of Right to Information Act. Concerned by the passage of legislation which systematically ignores public participation by disadvantaged section of Indian society and emphasize the importance of deeper consultation with citizens. Accordingly, consultation must be conducted with citizen during the preparation of draft bills and how does the govt. respond to public comments.
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The International Association for public participation‟s case values
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The United Nations Human Rights Committees‟ General comment provides states with interpretative guidance to the rights contained in the ICCPR.
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General comment on the Article 25 “Every citizen shall have the right and the opportunity, without any of the distinctions and without unreasonable restitution” (a) To take part in the conduct of Public affairs, directly or through freely chosen representatives.
Outlines of key features of the Right:
(1)The right to take part in public affairs extended to all exercises of political powers including the exercise of legislative powers. (2) This participation can take two possible form: direct participation or indirect participation through representatives. (3) Furthermore, citizen exercise their right to participation through public debate and dialogue with their representatives. (4) States must take „such legislative and other measures or may be necessary to ensure that citizens an effective opportunity to enjoy‟ the right to take part in political processes.
Thus it may be argued that in Robust Democracies with a strong need of participation in public affairs, also the Article 25 right imposes a duty to ensure participation in law making processes at the very least, it grounds a strong principled argument for the recognition of such an entitlement, and in reference of those countries which have taken better steps in the direction of public participation as an essential element.
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These general comments merely assist states in classifying the content of these rights and are not binding law.
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Case Study of South Africa; Legislative authority in South Africa is divided between the national parliament (comprised of two houses; The National Assembly and The National Council of Provinces), the nine provincial legislatures, and municipal councils. The South African 3
Constitution imposes a duty to facilitate public participation on each of these legislative authorities. Since, 2006, the constitutional court has given substantial attention to “facilitate public involvement” in the legislative and other processes of the national and provincial legislatures. In its landmark judgement in Doctors for life International v. Speaker of the national Assembly (2006) 2 ACC 11:2006
“Court held : these provisions provide a right and impose a duty to ensure public participation in the law making process. If a legislative authority fails to comply with this duty in passing legislation , then that legislation is constitutionally invalid may be struck down”. Court also held, it is the constitutional duty to facilitate public involvement and the right to public involvement in legislative processes must be interpreted in light of the international law, as enshrined in Article 2 of ICCPR. As a result it provided not only opportunity through public hearings, but are also under a duty to provide information and to build Public capacity for involvement.
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Constitution of The Republic South Africa, 1996
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Case Study of Canada: Government policy becomes law via a three step process;
The cabinet stage
The parliamentary stage
The “entering into force’’ stage
Unlike South Africa , which has a constitutional duty to facilitate public participation , in Canada , permission to consult must be obtained either from the cabinet or the Prime Minister depending upon the type of draft bill involved. The strength of the policy commitment towards the public consultation is witnessed in the department of Justice‟s Policy Statement and guidelines for Public Participation
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It is a policy tool that enables department of justice managers and officials to frame the departments‟ public participation activities. It outlines the commitment on the part of the department to involve Canadians in the development of legislations,policies,programs and services through adequately resourced processes that are transparent , accessible and accountable supported be factual information and are inclusive of Canada‟s diversity. Problem faced with the implemental participatory procedures:-
Costs to participants;- The policy statement points out the costs that individuals and groups may incur through participation. Inadequately of Time:-
Resource constraints affect the ability of citizens to effectively provide input. Consequently they must be given sufficient time to adequately consider , internally consult and respond to the consultation within time frames which strike a reasonable balance between the departments need to get something accomplished expedititly and the need for participants to be involved in a meaningful way.
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/eng/couns/pol.html.Available at http://www. Justice.gc..ca
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Unequal access to Information:-
The guidelines recognise that unequal access to information or inaccurate assumptions about the knowledge base of participants can impact the \effectiveness of a public participation exercise.
Case study of U.S.A It is considered vital to encourage comments from the public on legislation originating inn congress or rules being premogulated by the federal agencies, an even more powerful form of public participation is guarantying citizens the right to demand that congress consider and take up certain issues for legislation. Some form of this right is conferred on Us citizens by the constitution and is known as „Right to Petition‟. However change in the socio – political meaning of the petition brought about a change in constitutional status. Today US citizens cannot expect their legislature to take notice of or provide a “substantive response” to return recommendations; instead citizens can most effectively use their first amendment „Right to Petition‟ and influence federal policy by hiring a lobbyist. Instead of representing a universal right of political participation the right to petition is now protected as just another form of political speech without any form of heightened protection.
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CHAPTER II Right to Information: Government information is a national resource. Neither the particular government of the day, nor public officials, creates information for their own benefit. This information is generated for the purposes related to the legitimate discharge of their duties of office, and for the service of public for whose benefit the institutions of government exist, and who ultimately (through one kind of import or another) fund the institutions of government and the salaries of officials. It follows that government and officials are 'trustees' of the information of the people. Nonetheless, there are in theory at least, numerous ways in which information can be
accessible to members of the
public
in
a
parliamentary system.
The systemic
devices promote the transfer of information from government to parliament and the legislatures, and from these to the people. Members of the public can seek information from their
elected
representatives.
Annual
reporting requirements,
committee
reports,
publication of information and administrative law requirements also increase the flow of information from government to the citizen. Recent technological advances also help to reduce further the gap between the 'information rich' and the 'information'. However,
in
spite
of
India's
status
as
the
world's
democratic state, there was not until recently any obligation at state
or
most
populous
village, district,
national level to disclose information to the people – information was essentially
protected by the colonial secrets Act 1923, which makes the disclosure of official information
by public servants an offence. The colonial legacy of secrecy, distance and
mystification of the bureaucracy coupled with a long history of one party dominance proved to be a formidable challenge
to
transparency and effective government
let
alone
an
effective right to information secretive government is nearly always inefficient in that the free flow of information is essential if problems are to be identified and resolved. Need for RTI Legislation Information
can
circumstances
they
power
in which
dynamics
that
empower find
poor
themselves
communities and
help
balance
to battle the the
unequal
exist between people marginalized through poverty and their
governments. This transparent approach to working also helps poor communities to be visible on the political map so that their interests can be advanced. The right to information is therefore central to the achievement of the Millennium Development goals.
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The Right to Information Act 2005 provides effective access to information for citizens of India, which is under the control of the public authorities. It promotes transparency and accountability in the working of every public authority. It extends to the whole of India except the state of Jammu and Kashmir. In order to ensure greater and more effective access to information, it was decided to repeal the Freedom of Information Act, 2002 and enact another law for providing an effective framework. To achieve this object, the Right to Information Bill was introduced in the Parliament and was passed by the Lok Sabha on 11th May, 2005 and by the Rajya Sabha on 12th May, 2005 and it received the assent on 15th June, 2005. It came on the Statute Book as THE RIGHT TO INFORMATION ACT, 2005 (22 of 2005). Right to information legislation therefore acquired fundamental attention for the 5
development of society. RTI laws gained prominence as critical tools to combat corruption, and inefficiency. Although corruption exists in all societies, it has a particularly pernicious effect on less developed countries. As also acknowledged by donor agencies, corruption discourages foreign investment and eats away at the budgets allocated to public procurements which enable basic infrastructure such as roads, schools and hospitals to be built. It also debilitates political institutions by reducing public confidence in their operation. If unbridled corruption continues to infect a society or political system, it may eventually lead to social interest due to the division it creates between those who have easy access to goods and services and those who remain excluded. It is the poor who always bear the greatest burden of a corrupt society. In India today, the state has spread its tentacles to virtually every aspect of public life. The person on the street is condemned to grapple hopelessly with corruption in almost every aspect of daily work and living. Most government offices typically present a picture of a client public bewildered and harassed by opaque rules and procedures and inordinate delays, constantly vulnerable to exploitation by employees and touts.
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THE MOVEMENT FOR RIGHT TO INFORMATION IN INDIA : People‟s Power f or the Control of Corruption By Harsh Mander and Abha Joshi
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CHAPTER III PUBLIC HEARING AND INDIAN SCENARIO Jan Sunwai or Public Hearing is a process by which people who may be affected by a particular action or decision have the opportunity to ask questions, make submissions or register objections to a panel of experts. The panel may comprise of elected representatives, government officials, non-government organizations, experts from the field, media, etc. It is a formal meeting designed to provide the public with an opportunity to express their support or opposition for any project or scheme in an open forum. Such hearings are especially useful for people living in rural areas and small towns. It gives them a platform to voice their concerns and provides for speedy justice and instant resolution.
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These hearings help the citizens affected by a reviewing board's decision an opportunity to have their views heard before decisions are made. It is a formal meeting designed to provide the public with the fullest opportunity to express support of or opposition to a transportation project in an open forum where the oral interaction are recorded. In a public hearing issues relating to environment, related to displacement, eviction of persons or families and their rehabilitation. It is a way of giving powers to the public to ask any questions in effect making the government or the authority answerable in such hearings. The main purpose of most public hearings is to obtain public testimony or comment. Such hearings are especially useful for people living in the rural areas who do not have easy access to courts. These people can avail the opportunity of being heard through the mechanism of public hearing, which definitely provides for speedy justice and instant resolution of problems. Public hearing becomes a useful tool in providing a voice to the voiceless who have faced injustice and who do not have the necessary resources to approach courts. These hearings are organized by the government and as well as by various Non -Governmental Organizations. Referring to the concept of Legislative public hearing which is to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses such matters as comprehensive land use plans or the annual or biennial budget. Legislative public hearings do not involve the legal rights of
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file:///D:/DOx/Research/imp/Public%20Hearing%20-%20Author%20-%20Nidhi%20Singh.htm
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specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The whole process of public hearing comprises of three stages. It begins with a door-to-door survey of the poorest and needy families in the backward areas of the town. Based on the survey a report on various issues in the implementation of these schemes is prepared for the the public hearing. During the public hearing, citizens are invited to voice their grievances in front of the panel comprising of the chief municipal officer, elected representatives, senior journalists and citizen leaders. Grievances raised during the public hearing are resolved immediately and decisions are taken for other issues raised by the public. After the public hearing a follow-up of decisions taken is done to ensure the implementation of these decisions. Role of MKSS (MAZDOOR KISAAN SHAKTI SANGATHAN) :
The mode of public hearings is not new, but the village based „Jan Sunwai‟ as an open democratic platform to verify information and entitlements was a breakthrough in people‟s action. The MKSS has used it with people to share information, and examine the validity and details of official records. The Public Hearings have been both social audits of work do ne and a kind of forum for ascertaining the (truth) about the nature of democratic functioning at the most tangible and immediate level: the village Panchayat. It has allowed for the expression of genuine people‟s opinions and has empowered them, leading t o an understanding of both the machinations of corruption and the way it can be fought. They began by demanding transparency of financial records of expenditure in the Panchayat; the village council. Their demand for transparency, accountability, social audit (public audit by the people) and redressal (including the return of stolen public money), began with the first Public Hearing the MKSS organised in 1994.
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The first set of Public Hearings was preceded by unofficially accessing the documents, as there was no legal entitlement. The contents of these documents were then shared and verified with the residents of the area. People came together on the date of the public hearing to testify and audit the work executed by their village council, and government officials. The revelations of these first few public hearings led to an immediate and sharp reaction from
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Transparency and accountability in Governance and Right to I nformation in India by Sheila Rai
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government officials, who refused to share information and made it clear that in their view people had no right to access such documents. The MKSS began a sustained struggle which was to last for three years, before they could get the assurances implemented- changing the Panchayat Raj Rules and widening the scope of their demands to the People‟s Right to Information from all bodies that had an impact on public interest.
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Their first set of demands was met in July 1997 when the Panchayati Raj Rules were amended by the Government of Rajasthan. The public hearings held after these amendments have had a dramatic impact. Elected representatives and officials found guilty of corruption have publicly returned money, and ordinary citizens have seen how the right to access documents gives them an opening to ask questions and receive answers from those who rule. Today people are grappling with working out the modes by which people can effectively audit the decisions of those who rule in their name. Jan Sunwai in Madhya Pradesh :
Since June 23, 2009 up to July 2012, 137 sessions of Jan-Sunwai have been held in which 1,26,209 applications were received. Of these, 1, 22,555 applications (97 per cent) have been disposed of. During year 2011, 32,769 applications were received. Of these, more than 31,000 applications have been disposed of. During the same year, cent percent applications received by women‟s desks at district level police stations have been disposed of. Almost all the 7,368 applications received by these desks have been redressed. The basic objective of Jan-Sunwai is to bridge the gap between the police and common people. Gupta has entrusted responsibility of making Jan-Sunwai more effective in zones to Additional Directors General of Police. These officers review pending cases in their respective jurisdiction and get them disposed of promptly. Zone in-charges review cases every quarter and send their reports to Director General of Police. Additional Director General of Police informed that most of the applications received at JanSunwai are disposed of promptly. Time-limit is fixed for the applications, which cannot be redressed immediately. Notably, off late the public hearings have also commenced in the 8
Transparency and accountability in Governance and Right to Information in India by Sheila Rai.
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municipal corporations and a number of people are approaching to the Commissioners and Mayors to get their problems solved. Case Study 1:
Debate on nuclear power project at Jaitapur is ongoing on various levels. Environmental effects of nuclear power and geological issues have been raised by anti nuclear activists of India against this power project. Even though The Government of Maharashtra state completed land acquisition in January 2010, only 33 out of the 2,335 villagers have accepted compensation cheques as of November 2010. A public hearing on the environmental impact assessment (EIA) Report, prepared by NEERI was conducted by Maharashtra Pollution Control Board, on behalf of Ministry of Environment and Forests on 16 April 2010, at the plant site. The public hearing became controversial as the EIA report was not delivered for study to 3 of the 4 Gram Panchayat (local village bodies) a month in advance. A Public Interest Litigation (PIL) has also been filed against the government‟s civil nuclear program at the apex Supreme Court. The PIL specifically asks for the "staying of all proposed nuclear power plants till satisfactory safety measures and cost-benefit analyses are completed by independent agencies". Case Study 2:
JANSUNWAI ON PDS IMPLEMENTATION IN URBAN WARDS OF RAIPUR CITY PDS is flagship program of the Chhattisgarh State and it is known for the better policy and implementation of this scheme. Samarthan an NGO conducted study in two urban wards of Raipur city to assess the efficacy of PDS implementation. They interviewed beneficiaries of various categories, fair price shop keeper, elected representative and food inspectors to understand the overall performance of the programme. The study reveals various facts regarding exclusion of poor, complaints for quality and quantity of food grain, difficulties face by elected representatives in monitoring of the programme. In the view of these unexpected loopholes and malpractices we decided to hold public hearing. It was the first „Jansunwai‟ organized on 26th March 2011, on implementation of PDS in Chhattisgarh 9
state.
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file:///D:/DOx/Research/imp/Jan%20Sunwai%20(%E0%A4%9C%E0%A4%A8%20%E0%A4%B8%E0%A5%
81%E0%A4%A8%E0%A4%B5%E0%A4%BE%E0%A4%88)%20%C2%BB%20Samarthan.htm
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Case Study 3:
A Public Hearing organized by Jan Shakti Dal and the Sahariya Jan Andolan, two local sangathan(union) at Shivpuri district which is 100km to south-west of Gwalior. The Madhav Lake in the Madhav National Park located on the outskirts of Shivpuri town has for the first time in 50 yrs gone almost dry. The government provides impressive figures of relief works, fodder and water provided to the drought-hit. The people living in the village have to trek kilometres to collect water and claim that they see no trace of government supplies of grain or fodder. Around 600-700 people attended the public hearing. Everyone told a tale of nonreceipt of water/grain/fodder in their villages, of cattle deaths, late payments for backbreaking work done on relief sites, low payments of the work done. According to the government drought is a? Condition of deficient rainfall coupled with a significant fall in agriculture output, falling to below 37% of the normal output or production? According to Madhya Pradesh Gazette, the state government declared a drought in all seven tehsils of Shivpuri district. This decision was based on the indicators established by the government. drought in all seven tehsils of Shivpuri district. This decision was based on the indicators established by the government.
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CHAPTER IV Social Audit And It’s Dimensions; Social audit or public audit is a step in that direction. People use right to information to obtain details of the works carried out by a Government Department or the manner in which that Department spent the money. This information contained in records is compared with field reality. This is public audit or social audit and is a very important tool in the hands of the people to hold the Government accountable. Social audit assumes greater importance in the context of democratic decentralization since 1992-93. Structures for accountability are the weakest in Panchayat and municipal bodies who are implementing anti-poverty programmes and providing basic social services. The people have gained unprecedented access to information about, for instance whose names were listed as workers in the muster rolls the amount of money stated to have been paid to them as wages the details of various materials claimed to have used in the contribution and so on.
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Social audit may be regarded as being at the extreme end of the spectrum of audit functions. Over the centuries, audit functions have grown and evolved starting from the most ancient kind which may be called vigilance audit which was concerned mainly with the detection of frauds. Then came, in more or less chronological order, regularity audit, propriety audit, value for money audit, performance audit and lastly social audit. We may regard the last three of these audit functions as representing economy, efficiency and effectiveness audit. As far as State Audit is concerned, in value for money audit and performance audit, it examines areas internal to government agencies. In social audit, it goes beyond these areas and examines the impact of specific governmental activities on certain sections of the society which are in contact with the government agencies. Social Obligations and Social Welfare Programmes
In a welfare State, the government has a total obligation for the well-being of the people. This is translated in practical terms into a concern for the improvement of the "quality of life" through improving standards of living, health, education, earning capacity etc. for the people.
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Social audit: Gram Sabha and Panchayat Raj
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While each individual social welfare programme has its specific goals, it should also ensure that it does not come in the way of the Government's efforts in other areas. The symptoms of social problems which has to be tackled through a programme and its cause almost always exist at several levels For example, at the first level the problem's symptom may be high incidence of illness and its cause may be lack of adequate living space, sanitary facilities etc. At the second level, the symptom to be tackled is precisely the cause at the first level, namely inadequate living space etc. and its cause may be insufficient income level in the families concerned. At the third level, the symptom to be tackled will be insufficient income level and its cause may be a lack of education and training which prevent the head of the family from obtaining and holding a job capable of providing adequate family income. Apart from such vertical symptom-cause relationship, there are parallel linkages such as environmental pollution, quality of water supply, availability of nutriti ous food etc. No social welfare programmes can thus succeed in isolation but can do so only as a part of a total package of welfare activities undertaken by the government arising from its concern for improving the quality of life of the people. Social Obligations of Public Utilities
Utilities are set up to meet certain social obligations by offering certain public services such as water, power transport etc. which are essential to meet the totality of social obligations. As going concerns, their responsibilities are to function economically and efficiently and generally along accepted commercial lines. The fact that their activities might be subsidised by the state in order to reach the services to the public at reasonable rates does not in any way mitigate the need to function economically and efficiently within the constraints under which they have to function. Normal commercial audit, built round value for money audit and performance audit deals with these areas. Public utilities, as well as all public undertakings, have other internal and external social obligations over and above economic and efficient functioning and over and above the need to fit into the states' total concern for improving the quality of life. Consider for example, the effect of a public utility on the community in which it is located. The utility consumes land, water, air, the services of other utilities and has various effects upon the community. Once he is satisfied about the quality of the direct service which he receives from the utility, the citizen of the community would be concerned with the "social performance" of the utility. Specifically he would like to know such things as the long term plans of the utility for 19
expansion and diversification which will have their impact on the local economy. He would like to know something about its effect on the stability of local employment levels; local taxes paid by it; its contribution to local charities; labour relation; hiring, promotion and pay practices; air, water, and noise pollution; power and water consumption; plant appearance; traffic flow; impact on local politics; contribution to r esearch and import substitution, support to local industries etc. These are the various internal and external social obligations which should come under the scrutiny of social audit as distinct from economy and efficiency audits. Social audit of a public utility or a public undertaking is thus one step ahead of effectiveness audit which would be concerned mainly with assessing how effectively the main function of the undertaking is being discharged. Case Study:
A social audit was conducted by Parivartan, a citizen's initiative, along with the local residents of two resettlement colonies of North East Delhi- Sundernagri and New Seemapurifor the development works undertaken by the Engineering Department of the Municipal Corporation of Delhi (MCD). Only works pertaining to construction of roads, lanes and drains and installation of handpumps were taken up for social audit a total of 68 contracts worth about Rs. 1.42 crores. On 14th December a public hearing was organized in Sindernagri by Parivartan along with the National Campaign for People's Right to Information (NCPRI) and Mazdoor Kisan Shakti Sangathan (MKSS) of Rajasthan to discuss publicly the works audited. Out of the 68 works audited and discussed in the public hearing, calculations of estimated misappropriation of funds have been done for 64 works worth Rs 1.3 crore. In these 64 works the total amount of embezzlement found on account of missing items/works is approximately Rs 70 lakhs (i.e. items or works worth about 70 lakhs do not physically exist at all in these 64 works). Some examples of missing items are : 29 hand pumps with electric motor had to be installed. But the residents of this area report that only 14 hand pumps have been installed which is also without electric motor. The thickness of cement concrete layer in the street should be 10 cm, according to the bills. But thickness in most of the cases is 5 cm as found after digging. There are some roads, which exist only on 11
papers.
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THE QUEST FOR TRANSPARENCY AND ACCOUNTABILITY IN GOVERNANCE IN INDIA: AN
INTROSPECTION by Vinod Vyasulu
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CHAPTER V FDI in retail sector and its Political justification Taking the recent FDI policy allowing 51% stake in multi brand retail ; PM Manmohan Singh aggressively pushed for governments recent decision on economic reforms that triggered widespread political protests across the country. Giving and justifying reasons that prompted the government to allow FDI in multibrand retail, according to PM the decision will strengthen AAM AADMI and boost unemployment in the country , and trusted on the message that the decision were taken in national interest. This decision of going ahead with FDI in multibrand retail has evoked angry reactions from the Trinamool Congress which has decided to quit the UPA government , UPA‟s outside allies like Samajwade Party and JD-S as well as opposition parties are also agitated over the decision and had organised a nationwide BANDH. Also the Congress slammed BJP for playing “negative politics” arguing the main opposition party should play the role of a responsible opposition as was done by Congress when it was not in power. The recent political controversies portrait and image of party politics rather going for obtaining public participation or consent of the sector getting affected as in this case : “Unorganised sector ”. Here unorganised sector will have loose their jobs and in place 12 infringing their right to livelihood which is an extension of “right to life” which says , if
right to livelihood is not treated at par with constitutional “right to life”, the easiest way of depriving a person of his right to life would be to deprive him of his “ means to livelihood”
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to the point of abrogation , as due to their policy any giant organisation such as Wal-Mart and
Tesco that will displace several mom & pop shops
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.
In place government is interested in convincing the people and avoiding the chances of criticization by opposing parties and also, the parties against made it as a their political agenda , as the party supporting wishes to rally out and to convince the people whereas the party opposing plays their politics through band‟s as observed when , Delhi Chief Minister Sheila Dixit was especially called for the meeting , which saw members suggesting that 12
Consumer Education and Research Centre v. Union of India(1995) 3 SCC 42 Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law. 13
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Impact of Organized Retailing on the Unorganized Sector , ICRIER, May 2008
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rallies should be held at district level to convince the people about the need to bring in the measures like allowing multibrand retailing rather than hearing their grievances. Government proposes the FDI policy as a necessity for the nation in the times where its GDP is dwindling and inflation is one rises. The implication of the policy is not so positive and flawless as projected by the government and need to be reviewed profoundly by policy makers and shouldn‟t blindly head towards sealing the fate of thousands of lines living in the country. As soon as government showed intentions of allowing FDI in Multi-Brand Retail sector it sparked an agitation in Kirana Shop owner community that got out in street in large numbers to protest against this stand of government. With news of Wal-Mart showing interest in Indian market ignited a country wide debate involving economists, intellectuals, shop owners, students etc. Everyone voicing their diverse views but these views were never given heed by the government as they never considered it significant. This policy affects public at large and is being projected as a stride which will being benefits for Indian consumers. In midst of all this discussions between government, opposition party and the Left have been nothing more that politically driven and ideologically stereotyped arguments. Not many constructive arguments were formed which could be commonly consented by all parties. The first step to critically scrutinize a policy is to bring it in front of the public. There was never the intention of the ruling party as it always escaped from its accountability towards the action. IF it was open and confident enough of its decision to let FDI in multi-brand then it would have sponsored and promoted public discussion and would not have turned a blind eye when Kirana shop owners organized rallies throughout the nation. Never was a Public Hearing held to listen to the grievances of people employed under unorganized retail sector. This ignorant attitude of government not only infuriated the small retailers but also the r est of the nation which waited for government to listed to their suggestions and doubts regarding the policy and clear the mist surrounding the so called urgency to allow FDI in multi-brand retail sector. Innovative government measures could further mitigate adverse effects on small retailers and traders but what government needs to do at first is to evaluate the policy by keeping in mind the future implications of it. These grim situation can be avoided by studying the foreign policy model of countries that allowed FDI in multi-brand retail sector and were still able to save its domestic retail market from getting affected and didn‟t allowed companies like Wal-Mart to create their monopoly in the nation.
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REFERENCES: 1. A Comparative survey of procedures for public participation in the law-making process : NCPRI, 2011. 2. Public Interest Litigation: Legal Aid & Lok Adalats, Mamta Rao. 3. Constitutional Law, MP Jain. 4. Constitutional Law of India, JN Pandey 5. Impact of Organized Retailing on the Unorganized Sector , ICRIER, May 2008. 6. Public Engagement with the Legislative Process 7. 3. FDI IN INDIAN RETAIL SECTOR: ANALYSIS OF COMPETITION IN AGRIFOOD SECTOR 8. 4. 6. Transparency and accountability in Governance and Right to Information in India by Sheila Rai 9. 7. Social audit: Gram Sabha and Panchayat Raj 10. 8. THE MOVEMENT FOR RIGHT TO INFORMATION IN INDIA : Pe ople‟s Power for the Control of Corruption By Harsh Mander and Abha Joshi 11. 9. THE QUEST FOR TRANSPARENCY AND ACCOUNTABILITY IN GOVERNANCE IN INDIA: AN INTROSPECTION by Vinod Vyasulu
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AUTHOR –
Name -
SHASHANK DUBEY nd
Student, II Year (B.A LL.B) Institute Of Law, Nirma University Contact no.
08690806059
E-mail
[email protected]
Address
MIG-2-109,PHASE-2,VISHWAKARMA
NAGAR,BERASIAROAD,KAROND, BHOPAL(M.P)
CO-AUTHOR-
Name-
NISHANT PAL nd
Student, II Year (B.A LL.B) Institute Of Law, Nirma University Contact no.
08980522837
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[email protected]
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H.N 1404/50, Meethe kunye wali gali, Lohakhan, Ajmer.
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