Probity in Governance: Transparency, Accountability and the Fight Against Corruption
Information Sharing, Transparency and the Right to Information Act, 2005
The RTI Act reversed the default of Indian administration. Before it, the Official Secrets Act, 1923 made secrecy the norm and disclosure the exception; after it, disclosure is the norm and secrecy must be justified under a listed exemption. That inversion is the single most important thing to say about transparency in an answer, because it explains why RTI is described as an instrument of empowerment rather than merely of information. The right itself is not new in constitutional terms: the Supreme Court had already read it into the freedom of speech and expression under Article 19(1)(a) — in State of UP v. Raj Narain (1975) and later S.P. Gupta — on the reasoning that citizens cannot speak meaningfully about a government whose workings they cannot see.
| Provision | What it does |
|---|---|
| Section 2(f), 2(j) | Defines "information" and the "right to information", including inspection of works, documents and records, and certified samples |
| Section 4 | Proactive (suo motu) disclosure — the most under-used section. Public authorities must publish organisation, functions, norms, budgets and decisions without being asked. Perfect RTI answer if Section 4 were fully implemented |
| Sections 6–7 | Application to the PIO; reply within 30 days (48 hours where life or liberty is involved); no reasons for seeking information need be given |
| Section 8 | Exemptions — sovereignty and security, foreign relations, parliamentary privilege, commercial confidence, fiduciary relationship, personal information with no public interest; most are subject to a public-interest override in Section 8(2) |
| Sections 12, 15, 19 | Central and State Information Commissions; first appeal to a senior officer, second appeal to the CIC/SIC |
| Section 20 | Penalty on the PIO — ₹250 per day up to ₹25,000 for delay, and disciplinary action for persistent refusal. The teeth of the Act |
Codes of Ethics versus Codes of Conduct
| Feature | Code of ethics | Code of conduct |
|---|---|---|
| Content | Broad values and principles — integrity, impartiality, compassion | Specific dos and don’ts — gifts, property returns, political activity |
| Form | Aspirational, general, requires judgment | Prescriptive, enumerated, mechanically checkable |
| Enforcement | Largely self-regulation and professional culture | Disciplinary proceedings and penalties |
| Indian example | No comprehensive statutory code yet — 2nd ARC recommended a Public Service Code and Public Service Bill | All India Services (Conduct) Rules, 1968; CCS (Conduct) Rules, 1964 |
Why does the difference matter practically? A conduct code alone produces rule-compliant but unethical behaviour: an officer who accepts no gift, files every return on time, and still delays a widow’s pension file for six months has broken no rule. A code of ethics without a conduct code produces the opposite failure — fine sentiments with nothing enforceable. Every good answer here says the two are complements, and cites the 2nd ARC’s Fourth Report, "Ethics in Governance" (2007), which recommended a statutory code of ethics, a Public Service Bill, partial state funding of elections, and a Lokpal — several of which India acted on only later.
Citizen’s Charters, Work Culture and Quality of Service Delivery
A Citizen’s Charter is a public declaration by a service-providing organisation of the standards a citizen may expect — what service, in what time, at what cost, and what remedy if the standard is missed. India adopted the idea in 1997 through the Chief Ministers’ Conference on "Effective and Responsive Administration". Its central weakness is equally examinable: most Indian charters are not legally enforceable, were drafted by the department without consulting citizens, and specify no compensation, so they become notice-board decoration. The Sevottam framework was designed as the fix, assessing three modules — charter implementation, grievance redress, and service-delivery capability. The Right of Citizens for Time Bound Delivery of Goods and Services Bill, 2011 would have made charters justiciable but lapsed; several states, however, legislated their own Public Service Guarantee Acts with statutory timelines and penalties on the defaulting official.
- Six ingredients of a charter that works: citizen consultation in drafting; standards stated in measurable time and cost; a named accountable official; a published grievance route with a deadline; compensation or a defined remedy for failure; and periodic independent review.
- Work culture is the shared set of habits about punctuality, courtesy, record-keeping and willingness to decide. It is shaped far more by what a superior visibly tolerates than by any circular — an office where the boss arrives late will not be punctual, whatever the notice board says.
- Quality of service delivery improves through fewer discretionary touchpoints, not more inspection. Digitised land records, faceless assessment, direct benefit transfer and single-window clearances all raise quality by removing the human gatekeeper who could otherwise extract rent.
Utilisation of Public Funds — Who Actually Checks the Money
- Comptroller and Auditor-General (Article 148) — audits all receipts and expenditure of the Union and states. Its three audits are examinable: propriety (was the spending wise?), regularity/compliance (was it legal?) and performance (did it achieve the objective?). Independence is protected by the same removal procedure as a Supreme Court judge.
- Public Accounts Committee — examines CAG reports; chaired by convention by a member of the Opposition, which is itself an accountability design feature worth mentioning.
- Parliamentary control — no money leaves the Consolidated Fund without appropriation (Article 266); demands for grants, cut motions and the financial committees (Estimates, PAC, Public Undertakings) form the ex-ante and ex-post chain.
- Social audit — verification of records against reality by the community itself, made statutory for MGNREGA (Section 17) with Gram Sabha audits. The Rajasthan jan sunwai movement that grew into RTI began exactly here, with muster rolls read aloud in the village.
Challenges of Corruption — Types, Causes and the Legal Machinery
| Type | Meaning | Example |
|---|---|---|
| Petty vs grand | Small daily extraction at the counter vs large-scale distortion of policy | Bribe for a certificate vs a rigged mining allocation |
| Coercive vs collusive | Victim pays unwillingly to get a due service vs briber and bribed both gain at public cost | Paying to release a withheld pension vs paying to pass a substandard building |
| Nepotism, favouritism, cronyism | Allocation by relationship rather than merit — no cash need change hands | Posting a relative to a lucrative desk |
| Conflict of interest | A private interest that could improperly influence official duty, whether or not it does | Regulating a firm in which your family holds shares; the "revolving door" to industry after retirement |
| Instrument | Key point |
|---|---|
| Prevention of Corruption Act, 1988 (amended 2018) | Core anti-bribery law. The 2018 amendment criminalised bribe-giving explicitly, covered commercial organisations, set a two-year trial timeline, and required prior approval before investigating a public servant — the last being criticised as a shield |
| Central Vigilance Commission Act, 2003 | Gave statutory status to the CVC (set up 1964 on the Santhanam Committee’s recommendation); apex integrity body for the Union, supervises CBI in PC Act cases |
| Lokpal and Lokayuktas Act, 2013 | Ombudsman for the Union, including the Prime Minister with safeguards; states to appoint Lokayuktas. First Lokpal appointed 2019. Idea traced to the First ARC (1966) |
| Whistle Blowers Protection Act, 2014 | Protects those who disclose corruption; widely criticised as not yet effectively operational, and its 2015 amendment bill would narrow permitted disclosures |
| Benami Transactions (Prohibition) Amendment Act, 2016; PMLA, 2002 | Attack the proceeds rather than the act — confiscation of benami property and attachment of laundered assets |
| Second ARC, Fourth Report — "Ethics in Governance" (2007) | Recommended a statutory code of ethics, Public Service Bill, partial state funding of elections, Lokpal, and repeal of the requirement of prior sanction for prosecution |
On causes, resist the lazy answer that "moral values have declined". Structural causes carry more marks: excessive and unguided discretion; monopoly service provision; scarcity rents created by licensing; low-paid but high-discretion posts; complex procedures that make an intermediary necessary; delayed and uncertain punishment, which lowers the expected cost of getting caught; election finance that creates obligations; and transfer-posting systems that make an officer dependent on political goodwill. The remedies then follow logically rather than piously: reduce discretion, publish norms, digitise transactions, protect whistleblowers, guarantee timely services by statute, and make punishment swift rather than severe.
Key takeaways
- Probity is stronger than honesty: it demands conduct demonstrably beyond reproach and open to scrutiny. Its philosophical basis is public office as a trust, the social contract, and constitutional morality.
- Nolan Committee’s seven principles of public life: selflessness, integrity, objectivity, accountability, openness, honesty, leadership — a ready structure for any "principles of public service" question.
- RTI 2005 reversed the Official Secrets Act default: disclosure is now the norm, secrecy the justified exception. Key sections — 4 (proactive disclosure), 6–7 (30 days; 48 hours for life/liberty), 8 (exemptions with public-interest override), 19 (appeals), 20 (penalty ₹250/day up to ₹25,000).
- RTI has real costs worth conceding: file-note timidity harming decision quality, frivolous and blackmail applications, Commission vacancies and backlogs, attacks on activists, and tension with the Puttaswamy privacy right.
- Code of ethics = broad aspirational values, self-regulated. Code of conduct = specific enumerated dos and don’ts, disciplinary enforcement (AIS Conduct Rules 1968, CCS Conduct Rules 1964). They are complements: a conduct code alone permits rule-compliant but unethical behaviour.
- Citizen’s Charter (India, 1997) fails mainly because it is non-justiciable, drafted without citizen consultation and carries no compensation. Sevottam was the corrective; the 2011 justiciable-charter Bill lapsed, though several states passed Public Service Guarantee Acts.
- Public money is checked by CAG (Article 148 — propriety, regularity, performance audits), the PAC (chaired by convention by an Opposition member), parliamentary appropriation (Article 266), and social audit (statutory under MGNREGA Section 17).
- Klitgaard: Corruption = Discretion + Monopoly − Accountability. Structure every remedy under those three terms rather than blaming a decline in moral values.
- Statutes to name: PC Act 1988 (2018 amendment criminalised bribe-giving but added prior-approval protection), CVC Act 2003 (CVC created 1964 on Santhanam Committee advice), Lokpal Act 2013 (first Lokpal 2019; idea from First ARC 1966), Whistle Blowers Protection Act 2014 (not effectively operational), Benami Amendment 2016, PMLA 2002, and 2nd ARC’s Fourth Report "Ethics in Governance" (2007).
Practice questions (8)
Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.
Which section of the RTI Act, 2005 requires public authorities to publish information on their own initiative, without waiting for an application?
Show answer
Answer: B — Section 4
Section 4 mandates proactive or suo motu disclosure of organisation, functions, norms, budgets and decisions. It is the most under-implemented part of the Act — full compliance would remove the need for most individual applications. Section 6 is the application, 8 the exemptions, 20 the penalty.An officer accepts no gifts, files every property return on time, yet deliberately delays a widow’s pension file for six months. This best illustrates:
Show answer
Answer: B — Compliance with the code of conduct alongside a failure of ethics — which is why the two codes are complements
A code of conduct lists specific, checkable prohibitions; it cannot capture indifference or cruelty that breaks no enumerated rule. This is the standard argument for pairing an enforceable conduct code with a broader code of ethics, as the 2nd ARC recommended.In Klitgaard’s formulation, corruption equals:
Show answer
Answer: A — Discretion + Monopoly − Accountability
C = D + M − A. Corruption grows with unguided discretion and monopoly provision, and shrinks as accountability rises. The formula is useful in the exam because your remedies can then be organised under its three terms.The 2018 amendment to the Prevention of Corruption Act, 1988 is criticised mainly because it:
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Answer: B — Requires prior approval before an investigation against a public servant can begin
The 2018 amendment actually strengthened the law in several ways — it explicitly criminalised bribe-giving, covered commercial organisations and set a two-year trial timeline. The criticism is directed at the prior-approval requirement for investigating a public servant, which critics argue shields the senior and the well-connected.Consider:
(1) The Central Vigilance Commission was given statutory status by an Act of 2003.
(2) The CVC was originally set up in 1964 on the recommendation of the Santhanam Committee.
Which is correct?Show answer
Answer: C — Both 1 and 2
Both are correct. The CVC was created by executive resolution in 1964 following the Santhanam Committee on Prevention of Corruption, and acquired statutory status only through the CVC Act, 2003 — a sequence UPSC has asked about directly.Which of the following is the strongest reason most Indian Citizen’s Charters have failed to change citizen experience?
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Answer: B — They are generally not legally enforceable, were drafted without citizen consultation, and specify no compensation for failure
A promise with no remedy is not a right. The Sevottam framework and state Public Service Guarantee Acts address exactly this by adding statutory timelines, a named accountable official and penalties; the central 2011 Bill that would have made charters justiciable lapsed.A senior officer regulates a company in which his immediate family holds a significant shareholding, though no decision has yet favoured the firm. This is best described as:
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Answer: B — Conflict of interest
Conflict of interest exists when a private interest could improperly influence official duty, whether or not it actually does — which is why the remedy is disclosure and recusal rather than waiting for proof of favour. Option 4 is the common error: the appearance of impropriety is itself a probity failure.Social audit was given statutory backing for which programme, with audits conducted by the Gram Sabha?
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Answer: B — MGNREGA
Section 17 of MGNREGA requires the Gram Sabha to conduct social audits of all works. This descends directly from the Rajasthan jan sunwai movement, where muster rolls were read aloud in the village — the same movement that grew into the campaign for the RTI Act.