Divakara Babu Chennupati, Rajasekhara Mouly Potluri and V.S. Mangnale
The purpose of this paper is to analyze and assess the efficacy of one of India's path‐breaking and trendsetting enactments of recent origin, namely, the Right to Information Act…
Abstract
Purpose
The purpose of this paper is to analyze and assess the efficacy of one of India's path‐breaking and trendsetting enactments of recent origin, namely, the Right to Information Act, 2005 in promoting transparency, accountability and probity in governance process at the national and sub‐national level and how it is useful as a potent legal tool in fighting against and preventing maladministration, bad governance and venality in the governance process at different levels of administration in India.
Design/methodology/approach
The paper focuses purely on the doctrine study by tracing out the historical background of the Citizens' Right to Information and an overview of the Right to Information Act, 2005. It also comprehensively discusses the meaning of information and right to know under the Indian constitutional framework and how its boundaries have been further widened with the enactment and enforcement of the Right to Information Act, 2005. Further, the paper also deliberates on how the citizens are empowered to enjoy and exercise unhindered right to information under the Act on a par with the legislators.
Findings
The paper discloses that the Right to Information Act, 2005 has undoubtedly immense benefits for the Indian polity in the form of strengthening of democratic process and promoting good governance practices.
Practical implications
The study throws ample light on how the informed and empowered citizenry is imperative for a meaningful democracy and also in promoting good governance and further in exposing maladministration.
Originality/value
The study on the path‐breaking enactment of recent origin in a young democracy like India has paramount contemporary significance for young and transitional democracies across the world for strengthening democratic systems and promoting good governance.
Details
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Divakara Babu Chennupati and Rajasekhara Mouly Potluri
The purpose of this paper is to critically analyze the adverse effects of cartels on the economy and the interests of consumers and how they are sought to be regulated under the…
Abstract
Purpose
The purpose of this paper is to critically analyze the adverse effects of cartels on the economy and the interests of consumers and how they are sought to be regulated under the Indian Competition Act, 2002.
Design/methodology/approach
The paper focuses on the definition of cartels and the various factors conducive for the promotion of cartels and how they are sought to be regulated in the select jurisdictions with the help of decided case laws. It also sheds adequate light on the deficiencies of the Monopolies and Restrictive Trade Practices (MRTP) Act, 1969 in curbing cartels and how such deficiencies are sought to be remedied under the Competition Act, 2002. The paper further highlights the new trends and investigative tools in busting of cartels in the developed world and the salutary lessons that could be drawn by the competition regimes of the developing countries.
Findings
The paper discloses that the earlier MRTP Act, 1969 as well as the prevailing Competition Act suffers from various flaws in curbing cartels, resulting in the feeble regulation of cartels with all attendant baneful consequences on the economy and consumer interests. The paper strongly advocates the need to treat cartels as criminal offences warranting prosecution and punishment apart from encouraging leniency and whistle blowing for facilitating the busting of cartels.
Practical implications
The paper identifies the potential difficulties and intricacies that could be encountered by the competition authority in addressing the cartels owing to shortcomings in the Competition Act, 2002. Hence, the paper articulates that these concerns should be addressed by the legislature at the earliest for further strengthening the regulatory mechanism over cartels in the interests of economy and consumers.
Originality/value
The subject focused in the paper is a topic of utmost contemporary importance having wide implications on the national economies across the world, calling for novel methods and techniques in dealing effectively with the menace of cartels.