Why we need a 'Transparency of Rules' Act

A simple reform that will dramatically improve governance

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