MPPSC Mains PYQs

The Right to Information (RTI) Act, 2005 was a landmark legislation aimed at promoting transparency, accountability, and public participation in governance. By empowering citizens to seek information from public authorities, the RTI Act has played a crucial role in making the government more transparent and accountable. However, its effectiveness has been a subject of debate.

1. Positive Aspects of RTI

1. Promoting Transparency

• Example: RTI has been used effectively by activists and citizens to expose corruption in government departments. For instance, it was instrumental in uncovering the 2G spectrum scam, one of the largest corruption scandals in India, which led to public outcry and legal action.

2. Encouraging Accountability

• By enabling citizens to access information about government decisions, spending, and policies, RTI forces public officials to act with more responsibility. For example, RTI has been used to check the misuse of funds in government welfare schemes like MGNREGA.

3. Empowering Citizens

• The RTI Act gives ordinary citizens the power to hold the government accountable. A common citizen can request information about their local administration, leading to greater civic engagement.

2. Challenges and Limitations

1. Bureaucratic and Institutional Resistance

• Despite the provisions of the RTI Act, public authorities often delay or deny information, citing vague reasons. For example, requests for sensitive information may be blocked under Section 8, which allows exemptions, often misused to prevent transparency.

2. Threats and Harassment

• Activists and RTI applicants often face intimidation or even violence. Several RTI activists, like Shehla Masood and Manoj Kumar, have been murdered for their efforts to expose corruption.

3. Inadequate Implementation

• Many public authorities lack the infrastructure to handle RTI requests efficiently, resulting in delays and inefficiencies. Moreover, RTI applications are often met with incomplete or evasive answers, undermining its purpose.

4. Overburdened System

• The RTI system often gets overburdened with requests, making it difficult to process and respond promptly. This causes frustration among citizens and diminishes the effectiveness of the law.

3. Conclusion

While the RTI Act has significantly contributed to enhancing transparency and accountability in governance, its full potential is not realized due to institutional resistance, delays, and harassment faced by applicants. For the RTI to be truly effective, there needs to be better implementation, protection for activists, and reforms to address bureaucratic delays. Only then can it serve as a robust tool for holding the government accountable.

The Basic Structure Doctrine is one of the most important judicial principles that emerged from the Indian judiciary. It holds that certain features of the Indian Constitution are so fundamental to its identity that they cannot be altered or destroyed through amendments.

1. Origin of the Basic Structure Doctrine

The concept of the “basic structure” of the Constitution was first propounded by the Supreme Court of India in the landmark Kesavananda Bharati case (1973). The case involved a challenge to the 24th Amendment of the Constitution, which sought to give Parliament the power to amend any part of the Constitution, including fundamental rights.

Kesavananda Bharati Case (1973)

• In this case, the Supreme Court ruled by a majority that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or amend the “basic structure” of the Constitution. This judgment was groundbreaking because it introduced the concept of “basic structure”, which was not explicitly mentioned in the Constitution.
• The Court did not provide an exhaustive list of what constitutes the basic structure but emphasized principles like secularism, democracy, judicial review, and republicanism as being part of it.

2. Evolution of the Doctrine

Indira Gandhi v. Raj Narain (1975) – The Emergency Case

• The evolution of the basic structure doctrine was further solidified during the Indira Gandhi v. Raj Narain case, which came during the Emergency period. The Supreme Court emphasized that Parliament cannot amend the Constitution in a way that would alter its fundamental framework. This case reiterated the principles laid down in Kesavananda Bharati.

Subsequent Cases

• Over the years, the doctrine has evolved through various rulings:
  • Minerva Mills Case (1980): The Supreme Court held that the balance between Fundamental Rights and Directive Principles of State Policy is part of the basic structure.
  • Waman Rao Case (1981): The Court further defined that the basic structure doctrine also applies to amendments made after 1973.
  • Unni Krishnan Case (1993): The Court stated that the right to education is a fundamental right under the basic structure.

3. Key Elements of the Basic Structure

While the exact scope of the basic structure remains somewhat open-ended, several key elements have been recognized by the Supreme Court as forming part of it, including:

• Democracy
• Republicanism
• Secularism
• Rule of Law
• Judicial Review
• Federalism
• Separation of Powers

4. Impact and Significance

The Basic Structure Doctrine ensures that the Constitution’s core values cannot be changed by any amendments. This helps to maintain the Constitution’s integrity and protects the rights of the citizens from arbitrary changes by the legislature.

Conclusion

The Basic Structure Doctrine is a crucial aspect of India’s constitutional framework. It ensures that while Parliament has the power to amend the Constitution, the fundamental principles that define India’s democratic and secular identity remain protected. Through cases like Kesavananda Bharati, the doctrine has evolved to become a cornerstone in maintaining the balance between the powers of the legislature and the protection of constitutional values.