[LST] Why we need a 'Transparency of Rules' Act

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Sanjeev Sanyal | Apr 27 , 2013
Last Update at 21:50 IST
Why we need a 'Transparency of Rules' Act
The essential premise of all systems of governance is that common
citizens follow the rules of the land. However, almost all discussion
on governance focuses on only one side of the equation - on how the
state should use the stick (and occasionally a carrot) to ensure that
laws are followed. Note that there is a presumption here that all
citizens know and understand what is required of them and, therefore,
any deviation is either due to willful defiance or lazy negligence.
This is why ignorance of the law is not allowed as a defence in any
court. In turn, this assumes that the citizen knows the rules or can
easily find them. Unfortunately, this is no simple task in India.

We are all expected to navigate a plethora of rules, procedures and
forms that apply to routine activities like getting a driving licence,
applying for a gas connection, setting up a business, building a house
and so on. I am not talking here about the great laws that are
contained in the Constitution or debated in Parliament. I am mostly
referring to the little administrative rules and regulations that
govern daily life. These rules are usually set by government
departments, local bodies and other agencies. Even if the original
guidelines are clear, these rules are inevitably subject to change.
Very soon we find ourselves in a quagmire of modified sub-clauses,
exemptions, internal contradictions and complex procedures.

Note that I am not commenting on the quality of the laws - that is a
major issue in its own right. I am merely pointing out that it is
nearly impossible for even the most law-abiding citizen to known
exactly what to do. Thus, we routinely find ourselves at the mercy of
petty officials and touts. Indeed, it sometimes feels that the whole
framework has been deliberately set up for rent-seeking.

Framework for reform
Given the above situation, we need a fundamental change in the way
common citizens are informed about the laws, rules and regulations
that they are expected to follow. Here are three simple steps that
would radically change the situation:

First, it must be made mandatory that all rules, procedures and forms
must be placed on the website of the relevant agency or department as
well as prominently pasted on the office notice-board in English and
Hindi (and/or local language). Today, we have an arbitrary system
where some agencies put up their rules on the web and some do not.
More often than not, the information is partial, out-of-date or simply
misleading. Under the new framework, a rule or procedure will be
deemed not to apply unless the citizens have been given a fighting
chance to know about it. If the rule on the website or notice-board is
wrong or incomplete, then that is what applies. If a form is not
mentioned clearly and provided, then it need not be filled out. This
is not entirely a new principle because major laws, such as those
passed by Parliament, come into effect only after they have been
notified in the Gazette of India. I am merely extending this to apply
to all government rules and procedures.

Second, all laws, regulations and procedures must be presented as a
coherent whole rather than as a series of circulars and notifications.
At present, a citizen needs to follow a complex paper trail in order
to understand what is expected of him/her. Even officials do not often
know the current state of the law (or pretend not to know). I can
understand that in the old days it may have been simpler to update
rules by appending a sub-clause. This makes no sense today when it is
easier to make the change in the main text and then highlight it using
italics. Wikipedia provides a good illustration of how we can
constantly update a certain text while allowing easy comparison with
past versions. Thus, the citizen is always presented by a clear set of
guidelines at every point in time. It will have the side-benefit that
many internal contradictions in the law will become self-evident and
can be corrected. Again, this is not entirely a new idea, since we
already do something similar for important central laws. I am merely
asking for this process to be institutionalised and strictly enforced.

Third, the time and date must be mentioned every time a rule or
regulation is uploaded or changed. This is very important, because it
will tell the citizen when the new law has come into effect.
Preferably, the law should come into effect after a few days (say a
week) after the change has been notified in order to allow the citizen
to comply. The government's software can be easily set up so that
officials cannot manipulate the date on which the notice was issued.
Note that Wikipedia is again a good model to follow, because it
creates a history of each rule and tells us exactly when each change
was made.

Enshrined in an Act
Over the last few years, I have discussed the above reforms with
politicians, senior bureaucrats and common citizens. No one has yet
given me a good counter-argument. The necessary information technology
platform is simple. Moreover, it will cost virtually nothing to set up
and even less to maintain. In theory, therefore, it could be
implemented administratively without an Act but, as we saw with the
Right to Information Act, nothing will change unless it is forced by
legislation. Indeed, rent-seekers have every incentive to stall the
measures and obfuscate the issue. This is why we need a 'Transparency
of Rules' Act - and we could start with just one state. Any takers?

The author is an economist and a writer






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