Recent reports in the local press suggesting that MLAs should not make Assembly business public and the Speaker of the J&K Assembly expressing displeasure over it do not align with the essence of democracy or the Representation of the People Act. The very foundation of representative democracy rests on transparency and accountability. Any attempt to withhold discussions from the public raises serious concerns about governance and democratic principles. People have elected MLAs as their representatives, so why shouldn’t they know what is being discussed in the Assemblies? These discussions shape policies, laws, and governance, directly affecting the lives of the citizens. Withholding such information contradicts the democratic spirit and raises concerns about transparency. The legislative Assembly is not a private club or an exclusive gathering of a select few—it is an institution that represents the people. The discussions and deliberations within it must reflect the interests of the public and should be accessible to all. Which provision of the law prevents MLAs from sharing Assembly discussions with the people, Mr. Speaker? The Assembly is not someone’s personal drawing room where discussions can be conducted in secrecy. Public representatives are accountable to the electorate, and the people have every right to know what decisions are being made on their behalf.
Transparency; A Pillar Of Democracy: A functioning democracy thrives on transparency. Open governance ensures that people can scrutinize the actions of their elected representatives, fostering trust and accountability. Without transparency, corruption and misgovernance can thrive unchecked. Legislators, being representatives of the people, must ensure that the electorate is informed about decisions that impact their lives. In many democratic nations, legislative sessions are broadcasted live, enabling citizens to monitor discussions in real-time. Why should J&K, or any part of India, be an exception? If lawmakers act in the public interest, they should have no reservations about making their debates and decisions public. The reluctance to do so suggests that there may be matters they wish to keep hidden, which goes against democratic values.
Secrecy In Governance; A Dangerous Precedent: Keeping legislative discussions behind closed doors sets a dangerous precedent. It raises questions about the motives behind such secrecy. What is being discussed that cannot be shared with the people? Are there issues being deliberately concealed? If decisions are truly made in the public interest, there should be no fear of public scrutiny. Moreover, secrecy breeds misinformation. When people do not have access to firsthand information, they rely on rumors and speculation. This can lead to a disconnect between the government and the people, fostering distrust and resentment. The best way to counter misinformation is through open and direct communication.
Role Of Speaker In Upholding Democratic Values: The Speaker of the Assembly has a crucial role in ensuring that legislative proceedings uphold democratic norms. Expressing displeasure over MLAs sharing Assembly discussions with the public raises concerns about whether the Speaker is acting in the best interests of democracy or personal discretion. The Speaker’s duty is to facilitate discussions that benefit the public, not to restrict information flow. A Speaker should encourage transparency, allowing the public to engage with legislative processes. If MLAs are restricted from discussing legislative matters publicly, it limits the electorate’s ability to hold them accountable. This contradicts the very essence of a government that is supposed to be ‘by the people, for the people.’
“Elected representatives must remember that they serve at the will of the people. Those in power are merely custodians of the public mandate, and accountability to the people is not just a choice—it is a duty. The Speaker and MLAs must uphold the principles of democracy by ensuring transparency in governance. The people of J&K, like citizens across the world, have a fundamental right to know what is being discussed in their legislative houses. Anything less is a betrayal of democratic values.”
People’s Right To Legislative Information: The Right to Information (RTI) Act in India already recognizes that citizens have a right to know about government decisions and policies. Legislative discussions should be no exception. Any move to restrict access to Assembly proceedings contradicts the principles enshrined in the RTI Act and democratic governance. The argument that certain discussions must be kept confidential for security or legal reasons is valid only in exceptional cases. However, routine legislative business, including debates on public policies, budget allocations, and law-making, must be transparent. Shielding such discussions from public view creates an environment of opacity that is detrimental to democracy.
Strengthening Public Engagement In Governance: Public participation in governance does not end at the ballot box. Democracy is a continuous process where citizens must be informed and engaged. If people are kept in the dark about legislative decisions, how can they make informed choices during elections? How can they ensure that their representatives are truly working in their interests? Governments often call for citizen participation in various initiatives. However, participation is meaningless without access to relevant information. Ensuring transparency in Assembly proceedings is a step toward empowering citizens and strengthening democracy.
International Practices; Lessons For J&K: Many democracies worldwide have embraced open governance practices. Countries like the United States, the United Kingdom, and Canada have legislative sessions that are accessible to the public through live broadcasts and detailed records. India, as the world’s largest democracy, should set an example by ensuring complete transparency in its legislative bodies, including J&K. Jammu and Kashmir has undergone significant political changes in recent years. To rebuild public trust, transparency in governance should be a priority. Allowing people access to Assembly discussions will reinforce faith in democratic institutions and promote good governance.
Conclusion; Transparency Is Non-Negotiable: Denying people access to legislative discussions undermines democratic principles and erodes public trust. If representatives are making decisions in the interest of the public, why should there be any hesitation in making those discussions accessible? Democracy thrives on informed citizenry, and any attempt to restrict access to Assembly proceedings goes against this fundamental principle. Elected representatives must remember that they serve at the will of the people. Those in power are merely custodians of the public mandate, and accountability to the people is not just a choice—it is a duty. The Speaker and MLAs must uphold the principles of democracy by ensuring transparency in governance. The people of J&K, like citizens across the world, have a fundamental right to know what is being discussed in their legislative houses. Anything less is a betrayal of democratic values.
(The author is a freelancer. The views, opinions and conclusions expressed in this article are those of the author and aren’t necessarily in accord with the views of “Kashmir Horizon”)
Ahmad Ayaz
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