People-centric Democracy and Accountability of Political Parties in India

Aditi Narayani
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Abstract

The bulwark of most constitutional democracy rests in an informed citizenry, which can effectively partake in the governance of the State by exercising its right to vote. The formulation of this informed group of citizens, in turn, requires transparency in the working of the public bodies and the making of administrative and policy decisions as it can enable them to make informed choices. In India, the focus on transparency in the working of government offices or ‘public authorities’ was given a fresh thrust with the enactment of the Right to Information Act, 2005. Despite containing a wide definition of ‘public authority’ to include several institutions within its ambit, the scope of this Act fails to include all such institutions or entities which have a considerable impact on the governance of the country. This article examines the role of transparency in a constitutional democracy and its relations with accountability. It then analyses the part played by political parties in the constitutional set-up of India to scrutinise the importance of its role in matters which affect the public at large. Using the importance of the role played by the political parties, the article examines the reasons as to why they should be brought under the ambit of the Right to Information Act. Through this analysis, the article highlights the need for adding the test of ‘public function’ in the Act, in order to expand the scope of ‘public authority’.
印度以人为本的民主与政党问责制
大多数宪政民主的堡垒在于知情的公民,他们可以通过行使其投票权有效地参与国家的治理。这一知情的公民群体的形成反过来又要求公共机构的工作以及行政和政策决定的制定具有透明度,因为这可以使他们作出知情的选择。在印度,随着2005年《信息权法》的颁布,对政府办公室或“公共当局”工作透明度的关注得到了新的推动。尽管包含了广泛的“公共权力”定义,包括其范围内的几个机构,但本法的范围未能包括对国家治理有重大影响的所有此类机构或实体。本文探讨了透明度在宪政民主中的作用及其与问责制的关系。然后,它分析了政党在印度宪法制度中所扮演的角色,以审视其在影响公众的事务中所扮演的角色的重要性。本文利用政党所扮演角色的重要性,检视政党为何应纳入资讯权法的范围。通过这一分析,文章强调需要在该法中增加“公共职能”的检验,以扩大“公共权力”的范围。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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