Constitutional framework key to ensuring transparency and accountability

By Raj Kumar Sinha* 

The Constitution holds an important place in creating a transparent system because it provides a fundamental framework that defines and limits the functions of the government. This ensures accountability and helps prevent the abuse of power. The Constitution clearly defines the powers and functions of the different organs of the government—the legislature, the executive, and the judiciary. It prevents the concentration and misuse of power, ensuring that all actions are carried out according to law.

The Constitution establishes the rule of law, which means that the country is governed not by the whims of individuals but by established laws. This creates a fair and equal system. It grants citizens fundamental rights that the government is obligated to protect. Provisions like the Right to Information, often inspired by constitutional principles, give citizens the right to seek information about the functioning of the government, thereby increasing transparency.

Transparency and accountability are two essential elements of good governance. The Constitution includes provisions that make government bodies accountable to the people for their decisions and actions, such as the establishment of constitutional authorities like the Comptroller and Auditor General (CAG). When the government works transparently as per constitutional norms, citizens’ trust in government increases. This strengthens legitimacy and builds trust between the government and the people. Transparency is a powerful tool in combating corruption, and the constitutional framework promotes a culture of openness and integrity at all levels of governance.

The Constitution serves as the foundation for a transparent and accountable system of governance, ensuring that the government functions in the public interest and within the limits of the law. The Supreme Court, in several landmark judgments, has clarified that the Right to Information is a fundamental right under Article 19(1)(a) (freedom of speech and expression) and Article 21 (right to life). This right allows citizens access to information about government functioning, ensuring transparency.

Bringing government schemes and services online has improved transparency and made access to information easier for citizens. The central government has significantly expanded the use of Direct Benefit Transfer (DBT) in various welfare schemes (such as PM-Kisan), ensuring that subsidies or benefits are sent directly to the bank accounts of beneficiaries. Such transfer systems reduce the role of middlemen and minimize leakages. For public procurement, the central government launched the GeM portal, which allows bidding, auctions, and transactions to take place digitally. Through mechanisms like e-bidding and reverse auctions on GeM, transparency in purchasing processes has increased. According to a report by the central government’s data and Bluekraft Digital Foundation, the DBT system has saved a total of ₹3.48 lakh crore over the past decade, attributed mainly to “reducing leakages.”

The Constitution tells us how the entire system will function. It covers serious and complex matters such as the election system, formation and dissolution of governments, separation of powers, and protection of rights. The Constitution remains important because it provides direction to governments as well.

Independent institutions are the protective shield of democracy. If they appear biased, public trust weakens. Allegations of pressure on institutions like the Election Commission, Enforcement Directorate, CBI, and the judiciary are often raised against the government. Many civil society groups and international reports have expressed concern over freedom of expression, media autonomy, and internet restrictions. The Indian Constitution is based on “cooperative federalism.” Several state governments complain that the Centre does not adequately consult them on policy and financial decisions.

In a democratic society, judicial transparency and accountability cannot be underestimated. These principles serve as the foundation of public trust in the judiciary, ensuring not only that justice is done but that it is also seen to be done. When citizens have access to information about court proceedings and decisions, it enhances understanding and trust in the legal system. At the same time, accountability acts as a check against misuse of power and helps maintain the independence of the judiciary.

---

*Bargi Dam Displaced and Affected Union