This is not totally dissimilar to what we have just discussed till now. Disclosure of information, right to franchise and the other rights that have been guaranteed by the constitution needs to be laid down through a legal disclosure to bring about social accountability. The Right to Information Act, 2005 in India is a case of disclosure and accountability mechanism. The entitlement based approach towards accountability is thus effective. Another important aspect about regulatory framework is the right to association. This is a way to encourage associational activities and empower people to carry out coercive action. Thus associational activities like trade unions could be formed. 

Legislation

Legislation is conducive for social accountability from a civil society perspective and government perspective such media laws, broadcasting laws and licenses, health laws, education laws, decentralization laws, public. Legislation is a mechanism to empower the people to hold the authorities accountable. However legislation process also needs to come under scrutiny as the case could transform into rule by law from rule of law. It also needs to be seen as to whose interest the law reflects. The law could be a partial representation of people’s interest and a full representation of the interest of the dominant class.

Right to Information Act, 2005 (RTI)

Corruption thrives where there is information asymmetry and lack of trust in the citizen. The Right to Information Act attempts to address the issue of information asymmetry and thereby bring in more transparent mechanisms. The Act mandates two ways of information sharing: proactive dissemination and reactive disclosure of information. Though proactive dissemination by many public authorities is not up to the mark, people have been testing reactive disclosure by filing requests and tasting some success. One of the success stories of RTI is that in Delhi, around 109 people filed applications under the Delhi Right to Information Act seeking copies of records of ration shopkeepers of their respective areas. In 15 days time, the applicants started receiving letters from the Government intimating them the date, time and venue, where they could come and inspect the records.

Democratic Decentralization in India

The passage of the Constitution (73rd Amendment) Act, 1992 marks a new era in the federal democratic set up of the country and provides constitutional status to the Panchayati Raj Institutions (PRIs). The Eleventh Finance Commission recommended Rs. 1600 crores per annum for rural local bodies. Out of total grants, an amount of Rs.197.06 crores was earmarked for development of data base on the finance of the Panchayats and an amount of Rs.98.61 crores for maintenance of accounts of Panchayats as the first charge on these grants. This amendment has lead to devolution of power and thereby ensuring further participation and better democratic relations. Democratic decentralisation also tends to enhance accountability. Two kinds of accountability are involved here – the accountability of bureaucrats to elected representatives, and the accountability of the latter to citizens. It is not easy to make progress on either front, but if pressure is brought to bear – both from below and, especially, from higher up – significant change can occur.

 Pro-Accountability Institutions

These are institutions that promote social accountability and have a sanctioning function. (i.e. electoral commissions, auditor general, human rights commissions, anti-corruption commissions, judicial bodies, courts. parliament). In Bhutan Royal Civil Service Commission (RCSC) is such an institution. RCSC is an independent and autonomous body. Under its Royal Charter, the RCSC is entrusted with the following responsibilities: "(i) to formulate, review and ensure implementation of personnel policies and Civil Service Rules and Regulations in order to ensure efficiency and effectiveness in the civil service; (ii) to formulate, review, and ensure implementation of a national system of administration for recruitment, appointment, transfer, promotion, reward, discipline, conduct and separation of civil servants; and (iii) to motivate and promote morale, loyalty and integrity among civil servants by ensuring uniformity of personnel actions” (RCSC). Within the above context, the

RCSC has defined a “Code of Conduct and Ethics” for the civil servants. It has also laid down certain disciplinary rules and regulations for the civil servants. Also the process of decentralization in Bhutan, transparency and accountability has enhanced village and community structures. This happened due to inclusion of people in development activities. In India the Auditor General, Human Rights Commission, Election Commissions, Anti-Corruption Commissions are responsible for transparency and accountability.