Question

Which is the statute that does not ensure transparency and accountability of government?

• A. Right to Information Act
• B. Whistle Blowers’ Protection Act
• C. Prevention of Corruption Act
• D. Official secrets Act

Hint:

Section 22 of the Right to Information Act, 2005, has an overriding effect, stating that the provisions of the RTI Act shall have effect notwithstanding anything inconsistent contained in the Official Secrets Act, 1923.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks us to identify the statute among the choices that acts as a barrier to, or does not promote, transparency and accountability in the functioning of the government.

Step 2: Key Legal Principles and Approach:
We must analyze the objectives and functions of each listed statute, distinguishing between those designed to promote openness and those designed to enforce governmental secrecy.

Step 3: Detailed Explanation:

• Right to Information Act, 2005 (Option A): This Act is the primary legislative tool designed to promote transparency and accountability in the working of every public authority by enabling citizens to secure access to information under the control of public authorities.

• Whistle Blowers' Protection Act, 2011 (Option B): This Act establishes a mechanism to receive complaints relating to allegations of corruption or willful misuse of power by public servants and to provide adequate protection to persons making such disclosures, thereby enhancing accountability.

• Prevention of Corruption Act, 1988 (Option C): This Act criminalizes corruption and bribery among public servants, serving as a major instrument to enforce accountability and integrity in public service.

• Official Secrets Act, 1923 (Option D): This is a legacy statute from the British colonial era designed to protect national security by maintaining strict secrecy regarding government operations, documents, and installations.

• It makes the unauthorized disclosure of any official information a criminal offence, which directly restricts openness and transparency.

• Therefore, the Official Secrets Act is the statute that does not ensure transparency, making Option (D) the correct answer.

Step 4: Final Answer:
The Official Secrets Act, 1923, is a secrecy statute that restricts public access to information, making Option (D) the correct answer.