Accountability is one of the golden concepts that no one can be against, it is increasingly used in political discourse and policy documents because it conveys an image of transparency and trustworthiness. Public accountability is the hallmark for the modern democratic governance. Democracy remains a paper produced if those in power cannot be held accountable in public for their acts and omissions, for their decisions, their policies, and their expenditures. Public accountability, as an institution, therefore, it is the compliment of public management.
As a concept, however, “public accountability” is rather exclusive. It is hurrah-word, like learning, responsibility or solidarity-nobody can be against it. Accountability has moved further beyond its book-keeping origins and has become a symbol for good governance, both in the public and in the private sector. Accountability does not refer to the sovereigns holding their subjects to account, but to the reverse, it is the authorities themselves who are being held accountable by their citizens.
A traditional cornerstone of the democracy is the notion that officials of public and the representatives of public is subject to is known as accountability. Accountability can be defined in many ways: firstly, it is the mere duty of the responsible government to achieve the set objectives. Secondly, accountability is the required commitment from the side of the public officials it can be individually and collectively to accept the responsibility of the public. Finally, accountability is the obligation for subordinates to keep his or her promise of the execution of the promise.
MEANING OF PUBLIC ACCOUNTABILITY
It is the obligation to answer the public – to report, to an acceptable standard of answering, for the discharging the responsibilities those are affecting public in an important and in direct way.
It is an obligation to answer for the responsibility which they have taken. The obligation is beyond answering for the responsibilities and duties.
Responsibility is the obligation to take actions whereas the accountability is the obligation to answer the public or to report the public about the actions they have taken. The main purpose behind having the public accountability is to let the citizens to make them informed about the decisions as well as the decisions have been taken by their government.
The main essence of the public accountability is the requirement that authorities, what was the purpose would affect the individual of that particular area, state or country, the authorities will disclose their intensions and the reason behind the decision of the authorities.
At present we numerous notions of accountability that keep the concept of public accountability unclear i.e. newspaper editorial and articles mostly confuse the people with the responsibility and accountability and even the journalist are also not concerned with their jobs to bring the things about the public accountability.
It is a natural consequence as well as the vital element to safeguard against the power and the delegation of the authority and it also apply on the delegation of accountability.
Basically the public accountability goes hand in hand with the respective democratic government and its citizen’s rights and the obligations of the political representatives and the public officials, the ultimate value if the public accountability is that elected public representatives or officials are required to conduct the dialogues between the public and themselves on what they did or what the are going to do, what are their intensions and plans for the future developments. The Base of the public accountability is the level of accord between the public authority and the public, the true function of the public accountability should be focused towards the positive aspects too rather than a negative.
DOCTRINE OF THE PUBLIC ACCOUNTABILITY
The concept of the public accountability is the matter of the major concern for the public as well as the governmental authorities and the officials.
All the three pillars of the nation i.e. legislature, executive and judiciary are subject to the public accountability.
CASE LAWS
Arvind Dattatray Dhande v. state of Maharashtra
In this case the supreme court set an order to transfer of a police officer observing that the action was not taken in the interest of the public but was the case of victimization of an honest officer at the behest of person interest to the target such officials.
S.S Dhanao v. Union of India
In this case the court indicated that when the functions are to be performed and a body is armed with the uncontrolled powers, it is both necessary and desirable.
When major chunk of the powers is used by one individual however all wise, he may be It helps to ensure judiciousness as also want of arbitrariness.
PUBLIC ACCOUNTABILITY PROTECTIONS UNDER ADMINISTRATION LAW
In liberal democracy, the political power is only delivered through rules, against which the governmental authorities held accountable rather than unaccountable, the importance has been determined by the codified rules for behavior to allow certainty and consistency.
The rules provide ability to adjudicate efficiently in numerous variety situations, irrespective of the organizations.
Administration law provides the framework to ensue that the government acts within the powers allotted to them by the law and plays by the rules set for each and everyone. There is no escape for the public officials too they also have to work accordingly. Each and every one is responsible for their actions and decisions irrespective of the fact that whether or not they do so on the instructions of their superiors. The rule of law is equal for all, from the prime minister to down.
POSITION IN INDIA
The basic principle incorporated ibn the Indian evidence act under section 123 is as follows : 123. Evidence as to affairs of State. —No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit
It confers the great advantage to the government in as much as in not producing evidence before the court from where a great advantage can be drawn up so it is undoubtedly a very serious departure. In the well-known case of S.P. Gupta v. Union of India [54] , popularly known as ‘the Judges’ transfer case, A privilege was claimed by the Government against disclosure and production of certain documents. After considering a number of English as well as American cases, the Court held that the provisions of the Evidence Act, 1872 should be constructed keeping in view our new democracy wedded to the basic values enshrined in the Constitution. In a democracy, citizens ought to know what their Government doing. No democratic Government can survive without accountability and the basic postulate of accountability is that the people should have information about the functioning of the Government. Therefore, disclosure of information in regard to functioning of Government must be the rule and secrecy an exception justified only where the strictest requirement of public interest so demands
CONCLUSION
The major task of the government not only to end up creating institutions, laws and other mechanism for public accountability but also to ensure that these laws are working effectively in the society. The judiciary have played a major role in the evolution of this doctrine and helped a lot Indian citizen in providing the tool to address their grievances and the problems. The problem of corruption is the sever problem of the society and it destroying the society very slower but sooner. The government is unable to execute the good laws just because of this problem some strict laws is required in this direction so that the problem of the corruption must be improved. The government should implement new laws and bring some transparency for the smooth functioning.
There is a higher law than the law of government. That’s the law of conscience.
Stokely Carmichael
Legal Knowledge 