Probity in Governance

Model Answer

Introduction

Access to information is a fundamental human right, recognized under Article 19 of the Universal Declaration of Human Rights (1948). Governments are expected to ensure transparency and accountability in their dealings by providing citizens with access to public information. This principle is foundational for democracy and the protection of freedoms.

Key Principles for Information Sharing by the Government:

1. Maximum Disclosure:
   • Governments should operate on the presumption that all public-held information is available for public access, except for a limited number of specific cases (e.g., national security). Information should be disclosed unless there is a compelling reason not to.
   • Example: India’s Right to Information Act, 2005, emphasizes transparency in governance by mandating the release of public records unless it pertains to sensitive national security matters.
2. Obligation to Publish:
   • Public bodies should not only respond to requests for information but also proactively publish key documents and reports of public interest to promote transparency.
   • Example: Government websites frequently publish annual reports, budgets, and statistics that are publicly accessible.
3. Promotion of Open Government:
   • Governments should encourage a culture of openness, informing citizens about their rights to access information and ensuring that information is presented in an accessible manner.
   • Example: Public awareness campaigns and government portals inform citizens of how to request information.
4. Limited Scope of Exceptions:
   • Exceptions to transparency should be narrowly defined, such as for national security or personal privacy, and should never be used to shield governmental wrongdoing.
   • Example: Information about government corruption or illegal activities should not be kept confidential.
5. Processes to Facilitate Access:
   • Information requests should be processed promptly, fairly, and without unnecessary barriers. Special provisions should be made for vulnerable groups.
   • Example: Assistance for illiterate or disabled citizens in obtaining information.
6. Cost Considerations:
   • The cost to access public information should be reasonable and not deter citizens from seeking important details.
   • Example: The Right to Information Act in India mandates nominal fees for filing requests.
7. Protection for Whistleblowers:
   • Whistleblowers who expose wrongdoing should be protected from retaliation, ensuring that those who reveal public interest information are safeguarded.
   • Example: Whistleblower protection laws in many countries safeguard individuals who expose corruption or misconduct.

Conclusion

The above principles provide a framework for ensuring transparency, accountability, and inclusiveness in government functioning. By adhering to these principles, governments can build greater public trust, improve governance, and empower citizens to participate actively in democratic processes.