What are the key legal and institutional shortcomings in India’s surveillance oversight architecture? Suggest ways to enhance transparency and accountability.
Kartavya Desk Staff
Topic: Important aspects of governance, transparency and accountability,
Topic: Important aspects of governance, transparency and accountability,
Q3. What are the key legal and institutional shortcomings in India’s surveillance oversight architecture? Suggest ways to enhance transparency and accountability. (10 M)
Difficulty Level: Medium
Reference: TH
Why the question The Pegasus case has reopened debates on unchecked surveillance, highlighting the absence of legal and institutional safeguards in India’s digital intelligence framework. Key demand of the question The question requires an assessment of both legal and institutional weaknesses in surveillance oversight and recommendations to make the system more transparent and accountable. Structure of the Answer: Introduction India’s surveillance regime remains rooted in colonial-era laws and lacks judicial or parliamentary scrutiny, risking fundamental rights. Body Legal, Institutional shortcomings in surveillance oversight – Absence of a dedicated surveillance law, outdated provisions, and lack of citizen notification or remedy. Reforms for transparency and accountability – Need for independent oversight bodies, legislative reforms, and citizen grievance mechanisms. Conclusion A rights-based and transparent surveillance framework is crucial for safeguarding democracy and ensuring responsible state power in the digital age.
Why the question The Pegasus case has reopened debates on unchecked surveillance, highlighting the absence of legal and institutional safeguards in India’s digital intelligence framework.
Key demand of the question The question requires an assessment of both legal and institutional weaknesses in surveillance oversight and recommendations to make the system more transparent and accountable.
Structure of the Answer:
Introduction India’s surveillance regime remains rooted in colonial-era laws and lacks judicial or parliamentary scrutiny, risking fundamental rights.
• Legal, Institutional shortcomings in surveillance oversight – Absence of a dedicated surveillance law, outdated provisions, and lack of citizen notification or remedy.
• Reforms for transparency and accountability – Need for independent oversight bodies, legislative reforms, and citizen grievance mechanisms.
Conclusion A rights-based and transparent surveillance framework is crucial for safeguarding democracy and ensuring responsible state power in the digital age.