Law optional 2018 paper II

(c) "राष्ट्रपिता महात्मा गाँधी ने कहा था कि वास्तविक स्वतन्त्रता का अभिप्राय कुछ के द्वारा सत्ता प्राप्ति नहीं है, बल्कि उसका अभिप्राय ऐसी सत्ता के दुरुपयोग पर प्रश्न चिह्न लगाने की क्षमता को प्राप्त करना है।" उपर्युक्त कथन के आलोक में, लोक प्राधिकारियों के दायित्वों का परीक्षण कीजिए और व्याख्या कीजिए कि क्या पिछले लगभग सात दशकों के दौरान उन्होंने इसका प्रभावशाली रूप से अनुपालन किया है। "Mahatma Gandhi, the Father of Nation, observed that the meaning of real freedom is not to acquire authority by few but to acquire the capacity to question the abuse of such authority. Examine, in the light of the above statement, the obligations of the public authorities and explain whether they have discharged it effectively during the last about seven decades.

Verified Answer
  1. Core Legal Answer & Context: Mahatma Gandhi's profound statement encapsulates the essence of true democratic freedom: it is not merely about the transfer of power from one set of rulers to another, but about empowering citizens to hold power accountable and to challenge its misuse. This perspective shifts the focus from the 'who' of governance to the 'how' and 'why,' emphasizing transparency, accountability, and citizen participation. In a democratic republic like India, public authorities derive their power from the people and are expected to wield it as a trust, not as an entitlement. Their primary obligation, therefore, is to serve the public interest, uphold the Constitution, and ensure justice, liberty, equality, and fraternity for all citizens.

In light of Gandhi's statement, the obligations of public authorities include:

  • Transparency and Accountability: Operating openly, providing information, and being answerable for their decisions and actions.
  • Rule of Law: Adhering strictly to legal frameworks and constitutional principles, ensuring no arbitrary exercise of power.
  • Ethical Governance: Maintaining high standards of integrity, honesty, and impartiality, free from corruption and nepotism.
  • Responsiveness and Citizen Participation: Being accessible to citizens, addressing their grievances, and involving them in decision-making processes.
  • Protection of Rights: Safeguarding fundamental rights and liberties, and providing mechanisms for redressal against their violation.
  • Empowerment of the Marginalized: Working towards social and economic justice, ensuring that power structures do not perpetuate inequality.
  1. Relevant Statutes and Sections:
  • Constitution of India: The Preamble enshrines the ideals of justice, liberty, equality, and fraternity. Fundamental Rights (Articles 14-32) provide citizens with legal recourse against abuse of power. Directive Principles of State Policy (Articles 36-51) guide the state in policy-making towards a welfare state. Fundamental Duties (Article 51A) also implicitly call for public authorities to uphold constitutional values. Articles 32 and 226 empower citizens to approach courts for enforcement of rights.
  • Right to Information Act, 2005 (RTI Act): A landmark legislation that directly operationalizes Gandhi's vision by empowering citizens to demand information from public authorities, thereby fostering transparency and accountability.
  • Prevention of Corruption Act, 1988: Aims to curb the abuse of authority through corrupt practices.
  • Lokpal and Lokayuktas Act, 2013: Establishes institutional mechanisms for inquiring into allegations of corruption against public functionaries.
  • Whistleblowers Protection Act, 2014: Protects individuals who expose corruption or abuse of power.
  1. Important Landmark Cases:
  • S.P. Gupta v. Union of India (1981) (First Judges Case): This case, among others, expanded the scope of judicial review and public interest litigation (PIL), enabling citizens and courts to question executive actions and ensure accountability.
  • Vishaka v. State of Rajasthan (1997): Demonstrated judicial activism in laying down guidelines to prevent sexual harassment at the workplace, effectively filling a legislative vacuum and holding public and private authorities accountable for ensuring a safe environment.
  • Kesavananda Bharati v. State of Kerala (1973): Established the 'Basic Structure Doctrine,' limiting the power of Parliament to amend the Constitution, thereby safeguarding fundamental principles against potential abuse of legislative authority.
  1. Clear Conclusion: Over the last seven decades, India has made significant strides in institutionalizing mechanisms to question the abuse of authority. The adoption of the Constitution, the establishment of an independent judiciary, the enactment of laws like the RTI Act, and the creation of bodies like the Lokpal are testaments to this commitment. However, the effective discharge of these obligations by public authorities has been a mixed bag. While there has been increased awareness and some successes in curbing corruption and promoting transparency, challenges persist. Issues like bureaucratic inertia, political interference, persistent corruption, lack of full implementation of laws, and occasional disregard for constitutional norms continue to plague governance. The spirit of Gandhi's statement remains a guiding ideal, constantly reminding public authorities of their sacred trust and the continuous need for vigilance, reform, and genuine empowerment of citizens to question and hold power accountable. The journey towards complete realization of this ideal is ongoing, requiring sustained effort from both the state and civil society.