GOOD GOVERNANCE

IN INDIA
 81

CHAPTER-3
GOOD GOVERNANCE IN INDIA

“Good Governance is perhaps the single most important factor in eradicating

poverty and promoting development.”

- Kofi Annan

Good governance often refers to the task of running the Government in an

effective manner. It is qualitatively and conceptual superior to a mere good
government. The right to a legitimate and accountable government, promotion of a
society where the Rule of Law and fundamental human rights are respected, is
ensuring a socially and economically equitable society that is inclusive in nature or all
inherent to the concept of good governance. Good governance depends on various
factors. A Government, in discharge of its sovereign functions, has to discharge many
constitutional obligations and in discharge of these obligations it should be capable of
enabling, enhancing and deploying the power of the State for sustainable human
development. It is essentially a package to strengthen the institution of Government
and civil society with the objective of making governments more accountable, open
and transparent as well as democratic and participatory.

For good governance, there should be a government which is stable and truly
representative of the majority of the people and which accelerate the economic growth
and development and ensures the welfare of all sections of the society. In this, the fact
that transparency is also an important attribute of good governance must not be
forgotten. Openness and opportunity for public participation have emerged as a
universal principle of good governance.The interested group should provided with
opportunities to observe and contribute in the policy making of the State where
availability of relevant information would give them a chance to advance their ideas
in the policy making process. However, at the same time there is always the risk that
the special vested interest groups could take advantage of open decision making
process to distort the policy. What is essential is that not everyone shall speak but that
everything worth saying shall be effectively said and heard. Common men are not
 82

aware of the true facts of many things as their source of information is very limited.1
Freedom of expression, free dissemination of ideas and access to information are vital
to the functioning of democratic government. Information crucial for vibrant
democracy and good governance as it reflects and captures Government activities and
process.

Access to information not only facilitates active participation of the people in

the democratic governance process, but also promotes openness, transparency and
accountability and administration. Right to Information, the right of every citizen to
access information held by or under the control of public authorities, can thus be an
effective tool for ushering in good governance. The major characteristics of good
governance or participation, rule of law, transparency, responsiveness, equity and
inclusiveness, effectiveness, efficiency, accountability, strategic vision and consensus
orientation. Transparency means that decisions are taken openly and enforced as per
rules and regulations. It requires that information is freely available and directly
accessibly to those who will be affected by such decisions and their enforcement.

Accountability means that public institutions and functionaries or answerable

to the people and to their institutional stakeholders. In general, an organization or an
institution should be accountable to those who will be affected by its decisions or
actions. Accountability cannot be enforced without a regime of transparency. A direct
relationship exists between Right to Information, informed citizenry and good
governance. The Right to Information provides citizens the opportunity of being
informed of what the Government does for them, why and how it does it.

Good governance provides a platform that enable government functionaries to

operate efficiently, effectively and transparently and be accountable to the public for
their actions. It aims to put an end to inconsistent government practices and helps in
establishing a responsive State. Public participation in government, respect for the
rule of law, freedom of expression and association, transparency and accountability,
legitimacy of Government, and the like, which are the core values of good
governance, can be realized only if the right to information is implemented in the
right spirit. Right to Information is the hallmark of good governance.2

1
Good Governance in International Law: An Indian Prospective, ILA Regional Conference, South
Africa (27th-29th August, 2007, Pretoria) pp. 1-2
2
B. Pramela Kumari, Right to Information and Good Governance in India: A Critical Analisis, (LL.M.
Dissertation, Andhra University, Visakhapatnam, 2011-2013) pp. 59-60
 83

3.1 Meaning, Scope and Significance

Good Governance is not a phenomenon which can be described in words; it is

rather a phenomenon which can be felt by people. Good governance does not depend
only on the executive but depends on the efficient functioning of legislature,
executive, judiciary, private institutions, NGOs, as well as the co-operation of the
people. Today, talking of good governance is talking of something impossible. The
entire Government machinery has touched so low level that it seems a great dilemma
to talk of Good Governance.

Governance is not government as such. Governance is one of the characteristic

of any institutions that is concerned with governance, or management of governance.
Governance is the reflection of the quality and performance of management. Each
nation’s path to good governance is different, depending on culture, geography,
political and administrative traditions, economic, conditions. However the end result
is the same ensuring accountability, transparency, participation and systematic. It is
more visible in developed world and not visible in developing countries.

Good Governance is good government. The concept relates to the quality of

the relationship between government and the citizens for whom in exist to “serve” and
“protect”, i.e. “citizen centric”. To put it more preciously and simply governance
means the way those with power use that power. The concept, therefore, has political,
ethical and economic dimensions. Four pillars of governance are accountability,
transparency, predictability and participation.

Good governance emerges through sincere and honest application of

prevailing laws and respecting the spirit behind these prevailing laws. Circumventing
the laws for self-interest does not qualify to be called as good governance. People
look for good governance, people respect and abide by the “rule of law” in which they
lay their faith and trust.

It is a faith and trust responded by the framers of the Constitution in the courts
and their position in this respect akin to that of a trustee. When the other agencies or
wings of the State overstep their limits, the aggrieved parties can always approach the
courts and seek redress against such transgression. When, however, the courts
themselves are guilty of such transgression, to which forum would the aggrieved
 84

parties appeal? If mankind, while passing through the successive stages of political
consciousness, has done away with despotism of kings and dictators, it would be
puerile to expect it to put up with despotism of judicial wings of the State. Of the
different types of despotism judicial despotism is not only in excusable, it is also most
irrational.1

The challenges of good governance would certainly require government to be

reinvented, bureaucracy to be re-positioned, non-government business sectors to be
re-invigorate with a social motive. For all this, a shift of emphasis to the normative
model of managing government would be needed. A reinvented government must
have both ethical consistency and organizational flexibility to remain faithful to the
goal of public service. For the sake of good governance, a reinvented government is to
function in a more missionary, egalitarian and energized manner, having less
machine-like and less hierarchical structure and procedures.2

The Governments, both at the Centre and the State, share the concern for
ensuring responsive, accountable, transparent, decentralized and people-friendly
administration at all levels. There is, however, considerable frustration and
dissatisfaction amongst the people, especially the weaker sections of society, about
the apathy, irresponsiveness and lack of accountability of public servants, even as the
expenditure on staff continues to increase. There is increasing anxiety about growing
instances of corruption and criminalization in public life and administration. The
people particularly the vulnerable groups are also greatly concerned about the
deterioration in the performance of agencies concerned with law and order and the
investigation of offences. Their faith in the registration of offences, their timely
investigation and the delivery prompt justice has been eroded. At the local level in
spite of 73rd and 74th Amendments, people cannot get any of their work sanctioned,
complaints redressed under the very eyes of elected representatives. For example,
experience of building of a house is nothing short of getting experience of bad
governance. Government talks big but people do not achieve even little. This gap is so
wide that at the present speed, it may take a century to dream of good governance.

1
H. R Khanna, Judicial and Administrative Reforms-Indian Experience, July-September, 1990, IJPA,
p. 505
2
Ashok Mukopadhyay, Reinventing Governments for Good Governance, in T.N. Chaturvedi (Ed.)
Towards Good Governance, New Delhi, IJPA, 1999, p. 36
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“Good Governance through Transparency” in Management in Government,

clearly mentioned that over the years governance has become more and more
decentralized. However, still the distance between the decision-makers and the
subjects is very large enough. Thus, it continues to distort the vary objectives of
government both in regulatory and developmental process at grass-root level by way
of corruption and apathy over the people’s problems. In this regard a question arises;
just as decision/policy-makers have an impact on every village. So their policies must
be monitored by the people, they affect. Here comes the importance of right to
information in bridging the gap. Precisely in this sphere, good governance demands
transparent administration by letting both not only decision-making criterions and the
programmes drawn up upon to the public but also by involving them. Further the right
to information, rather transparent administration with people’s participation, becomes
a need of the hour as corruption and malpractices have become an undeniable fact in
the administration.1

We are now on the threshold of the twenty-first century. In the new

millennium, above all, the government would need to reinvent itself to become
‘citizen-centric’ and ‘citizen-friendly’. It would need to limit its roll to core functions
of infrastructure and macro-economic management. Greater delegation and
decentralization of authority and responsibilities would need to be introduced at all
levels. A combination of Citizens Charters and the Right to Information would ensure
greater accountability in the administrative system. The process of consultation with
the participation of citizens in decision-making would gradually become more
pronounced in order to ensure accountability. At the same time good citizenry would
also need to be emphasized for all round development of the society. Besides enjoying
their rights, the citizens would need to behave responsibly and perform their duties
towards the state. Clearly defined ethical standards would also need to be adopted by
the civil servants as well as politicians. In order to achieve all this innovative use of
information technology would be critical.2 All these if followed in practice would
promote good governance. All the above concepts appear easy to be implemented but
their implementation would remain a dream. Such popular concepts like citizen
centric or good to make lecture interesting or a talk by top persons in Government in

1
M. Aziz Ahammed, Good Governance through Transparency in Management in Government, Oct-
Dec, 1999. IJPA, p 24
2
B.B. Tandon, Quality in government, in management in government, Jan-March, 2002, IJPA, pp. 8-9
 86

Vigyan Bhawan, Delhi appreciated but in reality, they never come in practice even in
the offices of persons who write or speak about them. This has lost the credibility of
government of every party as they harp only on the promises when in power. The
practical life of people in facing the government is worse than beggars. The
government if serious must pursue the individual cases of Public harassment sincerely
so as to cultivate the culture of good governance. We have so far not felt the fringe of
good governance. Government has to struggle hard before taking any credit for good
governance.

Good governance can be a reality provided every organ of the Government,

i.e. legislature, executive and judiciary does its work meticulously, and with integrity.
This reality would multiply many folds through the active support and participation of
the people in all the tasks of Government, i.e. policy-making, planning,
implementation and monitoring. The Government has to create the conditions and
encourage people to participate in Governance to make the people participation- a
reality. This would promote democratic administration which is sine-quo-non for
good governance.

For a democratic administration which is another term for good governance

wide belief in the virtues of democracy on the part of the people and the
administrators is an essential requisite. One of the assumptions of democracy is that
the ‘people are organized to serve themselves’. Naturally, therefore, democratic
administration should offer adequate opportunities to the mass of people to participate
in its operations. Three important features of democratic administration are: (i) it
functions in the interest of the people and not of a class or section of the people; (ii) it
is susceptible to public opinion and respects civil and political liberties; and (iii) it is
subordinate to the control of ministers responsible to the legislature. To add further,
“the two pillars of democracy are liberty and equity, so the two ends to be served by
democratic administration should be the furtherance of both liberty and equality”.1

Democratic administration alone would not generate good governance as it

can be feudal and still democratic. The present situation in India is that in political
governance selected families are providing leadership because of their inheritance
which is suicidal to true democracy. People from the lower rungs of life must be

1
Parmatma Sharan, Public Administration in India, Meenakshi Prakashan, Meerut, (2000), p. 14
 87

empowered to usher in true good governance. We have to take bold steps to changes
the existing equilibrium in favour of empowerment of common man in practice and
not as a decorative piece.

Good governance would promote welfare state in its true connotation wherein
people would be looked after by Government as part and parcel of government
machinery.

Good Governance is dependent mainly on the excellence of human beings

engaged in Government and the enlightened citizenary. That is why it has been
repeatedly said that human rather than capital is the key to development.

B.B. Tandon rightly felt that Good Governance is impossible with the existing
mind-set of bureaucracy, “it is indeed sad that Indian bureaucracy is considered to be
lethargic, rule-bound, un-responsive and corrupt. In an era of liberalization and
economic reforms, the bureaucracy, I am sorry to say, is still in the first gear. It would
be well-nigh impossible to make any great progress in any direction unless the mind-
set of the bureaucracy is changed. The bureaucracy has to change its role of being a
regulator and the authoritarian governor of archaic rules and regulations to that of a
facilitator and a service provider, and that too quality service which should include
service provided with a smile and at reasonable user charges.1 Public are not even
feeling the mere existence of good governance.

Despite ostensible commitment to reform, manifest in official policy

pronouncements, public disenchantment with government continues to grow. The
tangible benefits of reform have not always been evident to ordinary citizens,
especially those from the poor and marginalized sections of society. In many
countries, government is still perceived as remote and public officials are considered
to be self- interested and motivated by job security and monetary gain rather than by a
public service ethos and high standards of integrity.2

Governance is the manner in which authority, control and power of exercised

in mobilizing a society’s economic and social resources to address the issues of public
interest. It is the art of governing, associated with the exercise of authority within

1
B.B. Tandon, Quality in Government in Management in Government, January-March, 2000, IJPA, p.
6
2
Mark Robinson, Fostering New Approach to Governance, in MIG, Jan-March, 2000, p. 42
 88

specific jurisdiction, and is embedded in the structure of authority. Good governance

is epitomized by, among other things, predictable, open and enlightened policy-
making. It can be secured by sound, responsive and competent administration, respect
to basic human rights and values, strengthened democratic, institutional as well as
structural framework to ensure accountability and transparency.1

A responsive administration to provide effective, efficient and good

governance will remain a dream unless it has a motivated, trained and developed work
force in the form of public servants. An immediate need, therefore, is an appropriate
HRD approach at the micro-level with an inbuilt system of training, career
development, and job enrichment and employee participation to improve the quality
of work life and in the process attain quality governance. The government
organizations and departments will have to replace the traditional power and authority
culture and adopt an effective HRD system and strategy. In the changed context, the
present form and practice of recruitment and personnel policies for civil service
personnel may not be workable and effective. Systematic carrier planning from the
entry stage, coupled with planned training and development programmes, will
definitely ensure a satisfying government. In this context, human resource
management in the government will assume an entirely different priority as it would
emerge as the key factor for practice of good governance of the country.

Let us discuss the definitions of Good Governance as mentioned in our

Ancient Sanskrit Literature. The whole of Sanskrit literature, i.e. Bhagvad Geeta,
Vedas, Mahabharata, six school of Indian Philosophy are full of the techniques like
Yoga, mediation, prayers, chanting of mantras which emphasis the need of human
excellence. Kautilya has also highlighted the need of good administration to look after
the welfare of the people.

Those people who are not knowledgeable, duty bound and of good conduct,
they are burden of the society. Work culture essential to look after the needs of people
“Developing in oneself, love to work for work’s own sake, without interesting one’s
happiness to the uncertain future, men can work creatively enjoying peace, during and
after work. So do not work goaded by desires.

1
D.P. Sharma, Government and Governance: Key Models of Administration and Control, July-
September, 1998, IJPA, p. 340
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Even an owner has to learn to govern. Good governance implies that the institutions
are run for the optimal benefit of the stakeholders in it. 1

3.1.1 Essentials of Good Governance

1. Developing National Outlook

An essential requirement of promoting Good Governance is the necessity of

developing and maintaining a national outlook. It involves, on the part of the political
and civil service, willingness to try to understand and be tolerant of different points of
view, different cultural patterns, and different work habits. It also entails willingness
to work without prejudice or bias with persons of all regions, religions and cultures. It
involves conduct of the highest type, and exercised of judgment and restraint in all
expressions of view, whether public or private, any expression which could construed
as biased or intolerant, particularly in respect of regional interest or political issue
with which the organization is confronted, must be scrupulously avoided.

2. Need to Narrow the Gap between Theory and Practice

In theory, the Government at the Union and State level have promised to
provide them all essentials of life through constitutional provisions, enactment and
administrative orders but in practice there is hardly much achievement.

3. Need of Impartiality among Politico-Administrative Leadership

For Good Governance foremost characteristics required among the civil

servants or impartially and consistency in the transaction of public business. Civil
servants are required to be completely impartial to avoid corruption and favouratism;
civil servants must maintain the dignity and authority of the public office. They must
meticulously implement the policies and programmes as laid down in laws,
regulations and rules.

4. Need of Ethics among Politico-Administrative Leadership

Ethics in administration for Good Governance is one of the very essential

conditions for the stability and development of the country and the well-being of its

1
S. K. Bhatiya, Business Ethics and Managerial Values, Deep and Deep publications, New Delhi,
(2002), pp. xiii and 158
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citizens. History of several countries indicates that serous moral degradation has
generated conflicts, miseries and even disintegration.

The civil service conduct rules require the civil servants to maintain absolute
integrity in the discharge of their duties. Developmental administration needs a new
mind, a new type of attitude that is suffused with human values. You are not dealing
with a table or a chair, but with a human being. He or she has problems. You are there
to solve them. That chair of authority on which you sit is not a chair of comfort. It is
chair with a heavy human responsibility on your head. Rise to the level of
responsibility that chair signifies. Our mental awareness must rise to that level.

5. Need of Protecting the Interests of the People

Good Governance can help in accelerating welfare of the people provided it is

run in the interest of the people. The contents of Good Administration for Good
Governance are:

(i) Openness in the sense of having wide contact with the people administered;
(ii) A sense of justice, fair play and impartiality in dealing with men and matters;
(iii) Sensitivity and responsiveness to the urges, feelings and aspirations of the
common people;
(iv) Securing the honour and dignity of the human being, however humble he or
she might be;
(v) Humility and simplicity in the persons manning the administrative machinery
and their easy accessibility.
(vi) Creating and sustaining an atmosphere conducive to development, growth and
social change; and
(vii) Honesty and integrity in thought and action.

6. Need to Promote and follow Rule of Law

Good governance means that we must follow the rule of law. The concept of
rule of law means that the society must be governed by law or Dharma and not
according to the whims and fancies of a Ruler or by powerful individuals. This has
been evolved in this Country from most ancient times. The necessity of scrupulous
practice of Dharma is forcefully expressed by Manu:
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“Dharma protects those who protect it. Those who destroy Dharma get
destroyed”. Therefore, Dharma should not be destroyed, so that we may not be
destroyed as a consequence thereof.

The people in government should take decisions on the basis of reason which
can make the life of people happy. They should protect the interests of the people and
see that their development is promoted based on Dharma. The people in government
should cultivate the mind and keep peaceful, calm and quiet so that people can enjoy
their glowing actions with truth, sincerity and reason. Whatever misery, anxiety and
intolerable difficulty they are lost in the tranquil mind like darkness in the sun.

7. Need to follow Transparency and Public Interest

Administration must be transparent. Nothing should be done in secret. Secrecy

breeds evil. The reasons for taking a decision must be recorded for all to see. This will
also help to eliminate almost universal corruption in politics and administration today.

Civil servants should leave behind their caste, community, religion and
language in their own homes. They should not carry these levels with them when they
go to work. At the work place a civil servant is just a public servant acting in the
public interest, trying to serve the public.

8. Need to Developed Good Character of Persons in Government

For good governance character of those who are entrusted with public
functions must be above board. When we do not enough character, in society there
will be more quarrel and fight, agitation and unrest, corruption and nepotism than
peace and harmony, control and happiness, honesty and uprightness. When we do not
have enough character, we will corrupt the taste of people, nay, of our own children in
order to make money by selling goods which would pamper their low and vulgar
tastes. When we do not have enough character, religion will be reduced to soulless
ritualism, ethical code will be perverted into sophistry, altruism will become self-
aggrandizing social work, our spiritually will be reduced to secularity, secularity to
hedonism, hedonism to ruination, surer than death.1

1
Swami Budhananda, How to Build Advaita Ashrama, Kolkata, 1983, pp. 19-20, pp. 51-52
 96

“In life to handle yourself, use your head but to handle others, use your heart.
Be strict and intelligently critical about yourself and your own weakness and follies.
But to manage others, be critical, but cushion your words and attitude with love. Love
is the greatest persuasive power we know in life.”

Action plan for an effective and Responsive Government rightly stresses the
need of good governance. Necessary corrective steps must be taken to arrest the
personal drift in Government and public services, and capacity of administration.1

9. Need to Inject Improvements and Reforms in Administrative System

We need to take care of the following aspects to promote administrative

reforms:

1. A closer focus on results in terms of efficiency and effectiveness, and service

quality;
2. The replacement of highly centralized hierarchical organizational structures
with decentralized management environments, where decisions on resource
allocation and service delivery are taken closer to the point of delivery, and
which provide scope for feedback from clients and other interest groups;.
3. Flexibility to explore alternative to direct public provision, which might
provide more cost-effective policy outcomes;
4. New personnel management policies to provide greater flexibility in the
deployment of staff (e.g. through multiskilling);
5. The use of mechanisms to improve performance such as performance
contracting and the creation of competitive market environment within and
among public sector organizations;
6. Incentives to improve performance through enabling organization to retain a
portion of savings from improved performance;
7. The strengthening of strategic capacities at the centre to “steer” government to
respond to external changes and diverse interest quickly, flexibility and at least
cost; and

1
Department of Administrative Reforms and Public Grievances, Ministry of personnel Public
Grievances, New Delhi, GOI, Document I, Action plan for an Effective and Responsiveness
Government, July to Sept. 1998, IJPA, p. 628
 97

8. Greater accountability and transparency through requirements to report on

results.1
3.1.2 Concept of Governance and Good Governance

Recently the terms “governance” and “good governance” are being

increasingly used in the development literature. Bad governance is being increasingly
regarded as one of the root causes of all evil within our societies. Major donors and
international financial institutions, including the World Bank and IMF are
increasingly basing their aid and loans on the condition that reforms that ensure “good
governance” are undertaken. This study tries to explain, as simply as possible, what
“governance” and “good governance” means.

The concept of “governance” is not new. It is as old as human civilization. It is

simply “governance” means the process of decision making and the process by which
decision are implemented. The quality of governance depends, in a large measure,
upon the indulgence by subjects. Governance can be used in several contests, such as
corporate governance, international governance, national governance and local
governance.

Governance is defined as “the action, manner or fact of governing” and “the

function or power of governing while govern” is inter alia defined as “rule with
authority conduct the policy, action and affairs of a State, subjects constitutionally or
dispolitically.2

“Governance is the manner in which power is exercised in the management of

a country’s economic and social resources for development. Good governance……is
synonymous with sound development management.”3

“The term governance, as generally used, encompasses all aspects of the way a
country is governed, including its economic policies and regulatory framework.
Corruption is a narrower concept, which is often defined as the abuse of public
authority or trust for private benefit. The two concepts are closely linked: an
environment characterized by poor governance offers greater incentives and more

1
S.L. Goel, Good Governance, Deep & Deep Publications Pvt. Ltd., New Delhi, (2007), pp. 3-23
2
N.M. Shorter, Oxford English Dictionary, Volume 1, Clarendon Press, Oxford, 1993
3
Asian Development Bank, “Government Bank Policies,” Operation Manual, Section 54, Asian
Development Bank, Manila, January 13, 1997; world Bank, Governance and Development, World
Bank, washington DC, 1992. p. 1
 98

scope for corruption. Many of the causes of corruption are economic in nature, and so
are its consequences- poor governance clearly is detrimental to economic activity and
welfare.”1

Vivek Chopra defines Good Governance as unambiguously identifying the

basic values of society and perusing these.2

“Good governance means ruling justly, enforcing laws and contracts fairly,
human rights and property rights, and fighting corruption. Encouraging economic
freedom means removing barriers to trade with neighbors and the world, opening the
economy to foreign and domestic investment and competition, pursuing sound fiscal
and monetary policies, and divesting government from business operations.”

Economic freedom also means recognizing that it is the private sector that
creates prosperity, not central planning or bureaucracies.3

While Governance as a process denotes a value free dispensation, good

governance being an adjectivated expression, connotes certain values assumptions.4

According to ancient Indian texts, such as Dharamashastra, the duty of the

king is to ensure that he is guided by the rule of law in every decision, big or small,
and such rule of law is enforced through a system of Good Governance.

Good Governance-“It is exercise of economic, political and administrative

authority to manage country’s affairs at all levels. It compromises of the mechanism
processes and institutions through which citizens and groups articulate their interest
exercise their legal rights, meet their obligations and mediate their differences.”

In the present context, good governance describes a situation in which the

mechanism process and instruments for decision-making and action facilitate greater
and engagement through participatory approach.

Good Governance signifies the way an administration improves the standard

of living of the members of its society by creating and making available the basic
amenities of life; providing its people security and the opportunity to better their lot;
1
IMF, “The IMF and Good Governance,” August 31, 2002, A Factsheet, p. 1
2
Subhash Kashyap (ed), Crime Correction and Good Governance, Uppal, New Delhi, (1997) p. 113
3
Paul O’Neil, The Economic Times, December 17, 2002, p. 1
4
Dey Bata K., “Defining Good Governance”, July-Sep. 1988, Vol. 144, Indian Journal of Public
Administration, p. 412
 99

instill hope in their heart for promising future, providing on an equal and equitable
basis, access to opportunities for personal growth; affording participation and capacity
to influence, in the decision-making in the public affairs; sustaining a responsible
judicial system which dispense justice on merits in a fair, unbiased and meaning
manner; maintaining accountability and honesty in each wing or functionary of the
government.

According to United Nation’s Commission on Human Rights, the key

attributes of good governance include transparency, responsibility, accountability,
participation and responsiveness to the needs of the people. Good governance is thus
linked to an enabling environment conducive to the enjoyment of the human rights
and promoting growth and sustainable human development.

3.1.3 Characteristic of Good Governance

Good governance is, among other things, participatory, transparent and

accountable. It is also effective and equitable, and it promotes the rule of law. It
ensures that political, social and economic priorities are based on broad consensus in
society and that the voices of the poorest and the most vulnerable are heard in
decision- making over the allocation of development resources. Good Governance has
eight major characteristic which are given below:

1. Participation

Participation by both men and women is a key cornerstone of good

governance. Participation could be either direct or through legitimate intermediate
institutions or representatives. It is important to point out that representative
democracy does not necessarily mean that the concerns of the most vulnerable in
society would be taken into consideration in decision-making. Participation needs to
be informed and organized. This means freedom of association and expression on the
one hand and an organized civil society on the other hand. Participatory processes in a
poverty reduction strategy promote information exchange and transparency in
decision- making processes. The World Bank notes that this, in turn, will improve
and, as a result, increase the overall governance and economic efficiency of
development activities.
Generally, public involvement includes three elements or ‘pillars’:
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1. Public access to information;

2. Public participation in decision-making processes;
3. Public access to judicial and administrative redress often termed ‘access to
justice’.
Access to information can be passive or active. Passive access is where the
public will get information upon request to government institutions. Active access is
whereby the government is obliged to give and disseminate information. Access to
justice is whereby the procedural rights of the public to information are respected and
guaranteed. This is because for rights to be effective there should be a corresponding
remedy. The above pillars are also known in environmental law parlance as third
generation human rights or environmental rights. They are also part of the basic tenets
of good governance.

The rationale for public involvement can be discussed from various

dimensions. From a human rights dimension, people have the right to know, to be
informed and participate in decisions that affect them as well as seeking redress. From
a legal, ethical and moral dimension, citizens and government officials are obliged to
ensure good governance. It has been argued that government processes are improved
through public involvement.

2. Rule of Law

Good governance requires fair legal frameworks that are enforced impartially.
It also requires full protection of human rights, particularly those of minorities.
Impartial enforcement of laws requires an independent judiciary and an impartial and
incorruptible police force. The availability of information is critical to good
governance. Access to information and the promotion of procedural rights provide an
enabling framework where accountability and improved delivery could enhance
institutional changes. Information is critical for the leaders and their constituents to be
informed of their problems as well as the solutions. Likewise, it is important to review
previous institutional constraints in order to map the future with viable options
because a poor governance system serves private interests at the expense of the poor
and they suffer in a multiplicity of ways. A correct diagnosis of poor governance is
important in that it determines practical strategies that are sustainable and effective in
reducing poverty.
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3. Transparency

Transparency means that decisions taken and their enforcement are done in a
manner that follows rules and regulations. It also means that information is freely
available and directly accessibly to those who will be affected by such decisions and
their enforcement. It also means that enough information is provided and that it is
provided in easily understandable forms and media. It promotes openness of
government action, decision- making processes, and consultative processes among
public sector and all stakeholders. These processes are subject to scrutiny by other
government institutions, civil society and external institutions.Lack of transparency,
weak accountability, lack of responsiveness and inefficiency also compromise good
governance. In a corrupt government, public resources are diverted from meeting the
needs of the poor and benefits do not reach the intended beneficiaries. Human security
is compromised by corruption. This is because corruption is both a cause and effect of
bad governance. The poor are usually disproportionately affected by poor governance
because health, education and police services are inaccessible. Their income is usually
eroded through payment of bribes.
Corruption can be classified into two broad categories, state capture and
administrative corruption. State capture takes place when a framework of laws and
rules has been distorted. This form of corruption is characterized by enactment of
laws, policies and regulations that are influenced through illegal and non-transparent
ways, as well as serving private interests. Administrative corruption is about
distortion of the implementation of these laws and policies. It refers to the “intentional
imposition of distortion in the prescribed implementation of existing laws, rules and
regulations to provide advantage to either state or non-state actors as a result of illegal
transfer or concentration of private gains to public officials.”
4. Responsiveness

Good governance requires that institution and processes try to serve all stakeholders
within a reasonable timeframe.

5. Consensus Oriented

There are several actors and as many view point in a given society. Good
governance requires mediation of the different interests in society to reach a broad
consensus in society on what is in the best interest of the whole community and how
this can be achieved. It also requires a broad and long- term perspective on what is
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needed for sustainable human development and how to achieve the goals of such
development. This can only result from an understanding of the historical, cultural
and social contexts of a given society or community. Therefore, consensus decision-
making can be seen as a form of grassroots democracy.

6. Equity and Inclusiveness

A society’s well-being depends on ensuring that all its members feel that they
have a stake in it and do not feel excluded from the mainstream of society. This
requires all groups, but particularly the most vulnerably, have opportunities to
improves or maintain their well-being.

7. Effectiveness and Efficiency

Good governance means that processes and institutions produce results that
meet the needs of society while making the best use of resources at their disposal. The
concept of efficiency in the context of good governance also covers the sustainable
use of natural resources and the protection of the environment. This characteristic
promotes efficient public delivery systems and quality public outputs. It deals with the
amount of public respect the civil service has. One aspect of poor service delivery is
corruption. One of the ways of fighting corruption is through competitive salaries and
motivating staff through incentives. There is also a need to introduce legislation
governing civil service and a code of conduct. This legislation will define the
appointments and promotions of civil servants through merit based processes as well
as the organizational structure.

8. Accountability

Accountability is a key requirement of good governance. Not only

governmental institutions but also the private sector and civil society organizations
must be accountable to the public and to their institutional stakeholders. Ho is
accountable to who varies depending on whether decisions or actions taken are
internal or external to an organization or institution. In general, an organization or an
institution is accountable to those who will be affected by its decisions or actions.
Accountability cannot be enforced without transparency and the rule of law. Central
to the principle of accountability is information sharing and transparency which
should be promoted by governance structures. Hence, accountability is hard to
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achieve especially in the absence of access to information. Public accountability is

founded on two pillars. The first pillar is related to accountability by the executive
and the second pillar is based on institutional change. Accountability can be classified
in four categories. These are public, financial, horizontal and vertical. Horizontal
accountability is the relationship between the executive, legislature and the judiciary.
Vertical accountability is whereby one actor reports to another subject to the
interpretation of constitutional provisions. Informal checks on these relationships are
reinforced by the civil society and the donor community.

3.1.4 Implications of Good Governance

Sustainable development, social cohesion and environmental management are

dependent on governance and efficient public sector management. Hence, good
governance is representative of a successful public sector reform programme that
promotes equity and sustainable development. A weak governance system
compromises the delivery of services and benefits to those who need them most; the
influence of powerful interest groups biases policies, programs and spending away
from the poor and lack of property rights, police protection and legal services
disadvantages the poor and inhibits them from securing their homes and other assets
and operating businesses. Poor governance generates and reinforces – and subverts
efforts to reduce it, while bad governance acts as a barrier to economic development
to both domestic and foreign direct investment and this leads to the collapse of the
nation state.

3.1.5 Creating the Conditions for Good Governance

Given the characteristics of good governance, its implications and the

relevance to public sector reform within small developing nations, governments must
create and sustain the conditions necessary for good governance within their
respective territories.

Conditions for good governance

1. Create and adapt basic legislation and institutions that guarantee political and
economic freedoms as well as strive to meet a broader range of basic human
needs (food, housing, health and Medicare, education, etc.).
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2. Relax regulations in order to remove obstacles to economic participation.

3. Improve financial management.

4. Build infrastructure to ensure that organizational capacity is available to

handle the growing needs for services, increasing demands for better and more
responsive services, and creating conditions for economic progress and social
cohesion.

5. Train public officers, business people and entrepreneurs. With the

improvements in access to education brings the challenge of rapid changes in
many knowledge areas therefore government must institute an ongoing
development programme for its human resources to ensure that they are
equipped with the necessary skills.

6. Reform public management practices to address issues such as budget deficits,

external pressures on competitiveness (globalization), antiquated work
procedures, excessive centralization, inflexibility, lack of efficiency and
perceived lack of public confidence in government.

7. Freedom from distortionary incentives – through corruption, nepotism,

patronage or capture by narrow private interest groups.

Accountability of politicians and civil servants to ensure that the power given
to them through the laws and regulations they implement, resources they control and
the organizations the y manage is used appropriately and in accordance with the
public interest.

3.2 History of Good Governance

Good Governance has been the proclaimed aim of government since ever
before the attainment of independence. This is reflected in the Independence
resolution passed in Lahore on 26th Jan. 1930, apart from doing his best, Jawaharlal
Nehru conveyed his views from time to time, in the form of letters to the CM of
states. An Administrative Reform Commission was appointed on Jan. 5th, 1966 with
Shri Morarji Desai as its chairman, and it had submitted its report to government by
June 1970. Subsequently, there have been a number of commissions at work, going
into different aspects of administration including the Sarkaria Commission in 1983-
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88, Rajeev Gandhi’s conference with District Collectors on responsible administration

and Department of Administrative Reforms work on effective and responsible
administration. Many aspects of these have been discussed in the Governor’s and
Chief Minister’s conference. It is in the sincere implementation of the decisions taken,
that the governments both at the Centre and the States have been found wanting.
While some recommendation have been acted some vital aspects, have yet to be
implemented if the government is to really improve.

3.3 Democracy and Good Governance

Good governance, to be effective and sustainable, must be anchored in a

vigorous working democracy which respects the rule of law, a free press, energetic
civil society organizations and effective and independent public bodies such as the
Commission for Human Rights and Good Governance, Prevention of Corruption
Bureau and he Fair Trade Commission. The Commission is important in ensuring the
promotion and protection of human rights, but also in ensuring both transparency and
accountability on the part of the government. Good governance requires transparency
and efficiency also in different government agencies.

At the political level, democratic practice, including transparency in policy

making and administration, are important aspects of good governance. This is
signified by a pluralistic political system that allows the existence of diversity in
political and ideological opinions. No wonder that good governance is said to be more
easily achieved and guaranteed in a multi-party system than in a mono-party system.
It also means the holding of regular elections applying the principle of universal
franchise. In order to qualify as democratic, elections must be free and fair.

Good governance deals with the nature and limits of state power. The doctrine
of the separation of power is, therefore, relevant in the establishment of whether or
not a country has a political system that is responsive to good governance. The
doctrine of the separation of powers is based on the acceptance that there are three
main categories of government functions: legislative, executive, and judicial.
Corresponding to these are the three main organs of government in a state- the
Legislature, the Executive and the Judiciary. The doctrine insists that these three
 106

powers and functions of government in a free democracy must be kept separate and
exercised by separate organs of the State.

Today, the doctrine should be taken to mean checks and balance based on a
constitutional scheme. What is important today is not the separation of powers strictu
sensu, but checks and balances. It is one of the functions of the Parliament to check
the Executive. This is done by various means, including the authorization of the
budget, the scrutiny of government expenditure and the questioning of the
government in parliament to account for its actions. It is the duty of the judiciary to
protect the constitution by seeing to it that the laws of the country are not contrary to
the constitution.

The judiciary stands between the citizens and the state as a balance against
executive excesses or abuse of power, the transgression of constitutional or legal
limitations by the Executive as well as the Legislature. This is why the Judiciary, as
the custodian of the constitution, is empowered to declare an Act of Parliament as
unconstitutional and therefore null and void. It also has the power of finding
government action to be an infringement of the constitution. This has been brought
about by the incorporation of fundamental freedoms and rights of the individual
popularly known as the Bill of Rights in the constitution. This has resulted in the
Constitution being supreme to the extent that powers of the judiciary extent that
powers of the judiciary extends to examining the validity of even an amendment to
the constitution as it has been repeatedly held that no constitutional amendment can
be sustained which violates the basic structure of the Constitution. The structure of the
constitution includes separation of powers.

3.4 Elements of Good Governance

Accountability

Accountability is imperative to make public officials answerable for

government behavior and responsive to the entity from which they drive their
authority. This may be achieved differently in different countries or political
structures, depending on the history, cultural, milieu, and vary from audit covenants,
at one level, to broadly elected legislatures or more narrowly conceived consultative
committees, at another. Accountability also means establishing criteria to measure the
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performance of public officials, as well as oversight mechanisms to ensure that the

standards are met. The litmus test is whether private actors in the economy have
procedurally simple and swift recourse for redress of unfair actions or incompetence
of the executive authority. Lack of accountability tends in time to reduce the state’s
credibility as an economic partner. It undermines the capacity of governments to
sustain the long-term business confidence essential for growth-enhancing private
sector investment. Looked at from this angle, accountability can help reduce
sovereign risk.

The accountability of public sector institutions is facilitated by evaluation of

their economic and financial performance. Economic accountability relates to the
effectiveness of policy formulation and implementation, and efficiency in resource
use. Financial accounting systems for expenditure control, and internal and external
audits.

Participation

The principle of participation derives from acceptance that people are at the
heart of development. They are not only the ultimate beneficiaries of development,
but are also the agent capacity, they act through groups or unions, chamber of
commerce, nongovernmental [NGO’s], political parties and as individuals (e.g.,
through letters to news paper editors, participating in radio and television talk shows,
voting). Since development is both for and by people, they need to have access to the
institutions that promote it (e.g., representative bureaucracies).

Participation is often related to accountability, but not necessarily so. In

representative democracies, where citizens participate in government through the
electoral process, public officials are, indeed, accountable ultimately to the electorate.
This may not be the case, however, in other political systems (although accountability
is still important). For all economies, though, the benefits of participatory approaches
can be conferrable. These include improved performance and sustainability of
policies, programmes, and projects, as well as enhanced capacity and skills of
stakeholders.

At the grassroots level, participation implies that government structures are

flexible enough to offer beneficiaries, and others affected, the opportunity to the
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design, and implementation of public programmes and projects. This increases

“ownership” and enhances results. At a different level, the effectiveness of policies
and institutions impinging on the economy as a whole may require the broad support
and cooperation of major economic actors concerned. To the extent that the interface
between public agencies and the private sector is conducive to the latter’s
participation in the economy, national economic performance (comprising the
combined contributions of the public and private sectors) will be enhanced.

Participation in economic life by agents other than the state would cover not
only the role of the private sector, but also the activities (growing in recent times) of
NGOs. These elements of civil society offer an alternative means of channeling the
energies of private citizens. They can be helpful in identifying people’s interests,
mobilizing public opinion in support of these interests, and organizing action
accordingly. Being close to their constituents, NGOs can provide governments with a
useful ally in enhancing participation at the community level and foresting a bottom-
up approach to economic and social development.

Predictability

Predictability refers to (i) the existence of laws, regulations, and policies to

regulate society; and (ii) their fair and consistent application. The importance of
predictability cannot be overstated since, without it, the orderly existence of citizens
and institutions would be impossible. The rule of law encompasses well-defined rights
and duties, as well as mechanisms for enforcing them, and settling disputes in an
impartial manner. It requires the state and its subsidiary agencies to be as much bound
by, and answerable to, the legal system as are private individuals and enterprises.

The importance of rule-based systems for economic life is obvious. They are
an essential component of the environment within which economic actors plan and
take investment decisions. To the extent, therefore, that legal frameworks help ensure
that (i) business risks can be assessed rationally, (ii) transaction costs are lowered, and
(iii) governmental arbitrariness is minimized, they should prove conducive to risk
taking, growth, and development. In the opposite scenario, the capricious application
of rules generates uncertainly and inhibits the growth of private sector initiatives.
Regulatory uncertainly also tends to raise the cost of capital by increasing the risk of
investment.
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Predictability can be enhanced through appropriate institutional arrangements.

For example, it has been argued that an autonomous central bank could lead to more
predictable monitory and exchange rate policies. Many governments face the
challenge of regulating money supply while perusing expansionary fiscal policies to
encourage investment. In such situations if monitory policy is too accommodating,
inflationary pressures can put investor confidence at risk, thus defeating the vary
objective of the fiscal policy.

Transparency

Transparency refers to the availability of information to the general public and

clarity about government rules, regulations, and decisions. Thus, it both compliments
and reinforces predictability. The difficulty with ensuring transparency is that only the
generator of information may know about it, and may limit access to it hence, it may
be useful to strengthen the citizens right to information with a degree of legal
enforceability, for similar reasons, broadly restrictive laws that permit public officials
to deny information to citizens need to provide for independent review of claims that
such denial is justified in the greater public interest.

Access to accurate and timely information about the economy and government
policies can be vital for economic decision making by the private sector. On this basis
of efficiency alone, such data should be freely and readily available to economic
agents. While this is true across all areas of the different economy, it is especially
relevant in the case of those sectors that are intrinsically information intensive, such
as the financial sector in general and capital markets in particular.

Transparency in government decision-making and public policy and

implementation reduces uncertainty and can help inhabit corruption among public
officials. To this end, rules and procedures that are simple, straightforward, and easy
to apply are preferable to those that provide discretionary powers to government
officials or that are susceptible to different interpretations. However well-intentioned
the latter type of rule might be in theory, its purpose can be vitiated in practice
through error or otherwise.1

1
Keshabananda Borah, Right to Information Act: a key to good governance, March, 2013, Vol. 2,
International Journal of Humanities and Social Science Invention, pp. 17-18
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3.5 Civil Society and Good Governance

The process of governance encompasses the political, social and economic

aspects of life which have an impact on each individual, household, village, region or
the nation. Governance improves when the processes of decision-making and
implementation of decisions enable the key actors i.e. the Government, the Civil
Society and the Market to effectively discharge their respective roles effectively.
Good Governance is the equivalent of purposive, development-oriented, citizen-
friendly, citizen-caring, participatory and responsive public management committed
to improvement in quality of life of the people. It entails equity in access to public
services, participation of all stake holders in service delivery process, as well as their
full access to information.

CSOs aid the process of good governance in several ways such as:

a. Citizenship Development: For citizens to be active in public affairs and participate

in efforts that promote good governance they need to be motivated, skilled and
informed. Creating awareness, motivating the demand for rights, providing skills and
improving capacities, are the major functions that can be attributed to the working of
many CSOs.

b. Policy Formulation and Advocacy: Influencing the decisions of legislators, other

elected representatives, and public administrators is a function that many

CSOs undertake. Mounting public relation campaigns, organizing collective action

movements designed to influence the creation of laws and public policies, creating
forums and structured dialogues in efforts to give citizens direct control of policy-
making are means by which CSOs can play a greater role in the governance process.

c. Watchdog role: Civil Society can play a crucial role in evaluating the policies and
actions of the Government. CSOs can judge the fairness in how the policies or laws
are enacted and enforced. In the context of Right to Information (RTI) legislation,
CSOs press for accountability and transparency by facilitating the accessibility of
information with government to the public under the law. CSOs can play the role of
“watch-dogs” by monitoring the legislative processes and evaluating the impact of
public policy decisions.
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d. Welfare Service Delivery: CSOs can provide the necessary institutional basis for
service delivery. Given the respective limitations of the state and market, there is an
increased emphasis on Public-Private-People Partnerships (PPPPs) involving CSOs
and citizen groups in service delivery. At the same time, grassroots organizations of
the people, especially the poor can promote collective action to improve access to and
quality of basic service delivery. Beneficiary committees can supervise/monitor
public service delivery and report their findings to members of their constituency-base
or the public at large, to exert pressure on public service providers.

e. Impact on Electoral Politics: Impact on the outcomes of the electoral process is a

good governance function that is usually undertaken by many CSOs. Electoral politics
can be influenced through social mobilization of citizens and CSOs such as labour
unions, media and communication organisations, advocacy and civil rights groups,
lobby groups, corporations, trade associations, etc.

f. Reform and Social Change: CSOs can also serve as an instrument for reform and
social change. Civil rights and advocacy organisations, political organisations, labor
unions, professional associations, watch-dog groups, and media organisations can
play an important role in influencing the processes of social change.

The above discussion intends to highlight that governance has to extend

beyond conventional bureaucracies and it has to actively involve citizens and CSOs at
all levels to ensure effective public service delivery and programme execution. CSOs
can act as important collective platforms for demanding better services and ensuring
that the Government responds to people’s needs. A Civil Society that has been
alienated and distanced from the process of planning and implementing the
developmental programmes ceases to reap the fruits of development. To ensure
sustained growth of the society, the involvement of CSOs in the development process
has to be more vocal and they must be well-informed about the various initiatives
undertaken by the Government. The Civil Society will be in a position to play its role
effectively only when it has access to information on the existing developmental
programmes and their implementation processes.1

1
The Right to Information Act, 2005: A Guide for Civil Society Organisations, July 2006, Capacity
Building for Access to Information, NIA, A-Gol-UNDP Initiative, Published by the Centre for Good
Governance, Hyderabad, Andhra Pradesh, pp. 18-20 :<www.r2inet.org>
 112

3.6 Right to Information and Good Governance

‘Right to Information’ (RTI) refers to the right of every citizen to access

information held by or under the control of public authorities. Information is crucial
for good governance as it reflects and captures Government activities and processes.
It is said that information is the oxygen of democracy. If people do not know what is
happening in their society, if the actions of those who rule them are hidden, then they
cannot take a meaningful part in the affairs of the society. Access to information not
only promotes openness, transparency and accountability in administration, but also
facilitates active participation of people in the democratic governance process.

Right to information can be used as an effective tool to usher in a regime of

good governance. The major characteristics of good governance include: strategic
vision and consensus orientation, participation, rule of law, transparency,
responsiveness, equity and inclusiveness, effectiveness, efficiency and accountability.

Transparency means that decisions are taken openly and enforced in a manner
that follows rules and regulations. It requires that information is freely available and
directly accessible to those who will be affected by such decisions and their
enforcement. It also means that enough information is provided to all the stakeholders
in easily understandable forms and media.

Public accountability means that public institutions are answerable to the

people and to their institutional stakeholders. In general, an organisation or an
institution is accountable to those who will be affected by its decisions or actions.
Accountability cannot be enforced without transparency.

In the above background, the right to information can be an instrument to lead

to transparency and accountability in the working of public bodies and to good
governance. Internationally, the campaign for good governance has included the right
to information as a significant element.

A direct relationship exists between right to Information and good governance.

For RTI Act to achieve its purpose, the public should have free access to Government
information. This provides them the opportunity of being informed of what the
Government does for them, why and how it does it. Good governance provides a
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platform that enables the Government to operate efficiently, effectively and

transparently and to be accountable to the public. It aims to put an end to inconsistent
Government practices and help in establishing a responsive State. Public participation
in Government, respect for the rule of law, freedom of expression and association,
transparency and accountability, legitimacy of Government, and the like which are the
core values of good governance, can be realised only if the right to information is
implemented in the right spirit.

The principles of good governance clearly highlight the need for Governments
to include Civil Society in the governance process. However, when Governments fail
to do so, Civil Society’s immediate prerogative on broad political socio-economic
issues should be to hold the Government accountable for policies and programmes,
particularly those that concern the fundamental rights of citizens. Right to information
can be used as a weapon by the Civil Society to make Governments more responsible
and accountable.1

3.7 Role of Legislature in Good Governance

Legislature is one of the most important prestigious organs of the government

whose main function is to formulate policies through legislation to promote the
welfare of the people after a through deliberation and discussion as well as review of
the functioning of executive which is subordinate to legislature. Legislators through
understanding the needs of people and through intellectual exercise can promulgate
such legislation which can be a good pillar for good governance. Legislature can do
its job efficiently provided there is smooth functioning of legislature as the work is of
highly intellectual nature and affects the every aspect of human life. Deliberations in
the legislature require a peaceful and co-operative environment for the integration of
view points of all the members. People expect the legislature to come out with
solutions of the problems being faced by them. In addition, the cost incurred on
legislative bodies is enormous and the time wasted is money and talent wasted.

“The modern conception of legislation, which results from the growing

political consciousness of the mass of the people in whose collective interest most

1
The Right to Information Act, 2005: A Guide for Civil Society Organisations, July 2006, Capacity
Building for Access to Information, NIA, A-Gol-UNDP Initiative, Published by the Centre for Good
Governance, Hyderabad, Andhra Pradesh, pp. 21-22 : <www.r2inet.org>
 114

laws are now passed, has given the legislative organ entirely new significance and at
same time raised questions as to the best means of making it do its work with the
active consent of the citizens.”1

Parliament must set an example for good governance as this is the most
powerful organ of the Government and represent the entire country. Their concern for
the nation would imbibe confidence and strength among executive and judicial organs
of the Government Criminalization of politics is degeneration for public life and faith
in Governance.

Apart from legislative business, Parliament needs to have more free-wheeling

debates on current issues-agriculture, the urban crisis, population, water management,
and the roots of Naxalism, foreign affairs, security issues, Defense, etc. In this way
they can come out with mature suggestions which can take the form of policy-
decision and can become the instruments of good governance.

Parliamentary committees too could take expert advice on key issues as a

means of improving legislation or formulating policy. The list could go on. At present
the verdict of an old parliamentary reporter is that Parliament is functioning well
below its potential.

H.k. Dua in this article, “Consensus in the way-Prime Minister must take the
initiative” in the tribune dated 30th August, 2006 clearly states that no democracy can
be run without providing plenty of space for dissent and debate on vital issues of the
day. A variety of opinions gives better choices and throws up more workable policies.
These can give our democracy a good government.

Democracy requires intense questioning of the executive by the citizens, a

vigilant Parliament, an independent judiciary, a free Press and the unelected
representatives of the people, who are being fashionable called the civil society these
days. Their voice must be taken seriously and influence the policies of the
government. This will make the State more responsive and give the people a sense of
belonging.

1
C.F. Strong, Modern Political Constitutions, Sidgwick & Jackson Limited, Land, 1958, p.163
 115

Evolving a national consensus will require a capacity to look ahead, tolerance

of others points of view, willingness to give and take, and at times sacrificing personal
and party interest for the well-being of the nation.

The Political leadership, the bureaucracy and the policy-makers would have to
give a new thrust and orientation to their character and intentions. The Bharat too
would have to be more aware to fight for its own rights. It is often said that where the
people are aware, the governments are irrespective. The latter scenario leads to a
pathetic situation causing bad governance.

Legislature is the second Pillar of Good Governance. Let us remind ourselves

the immortal address of Pandit Jawahar Nehru to the Indian Constituent Assembly on
the eve of independence, “Long years ago, we made a tryst with destiny, and now the
time comes when we shall redeem our pledge….A moment comes, which comes but
rarely in history, when we step out from the old to the new, when an age ends and
when the soul of a nation, long suppressed finds utterance….”How these words of the
first Prime Minister of India can be made practical through Good Governance?

“On going global transformation need guidance, to avoid very negative

looming consequences and realize very positive potentials. Markets, civil society, etc.
however important, cannot be relied upon to provide the needed guidance;
normatively and realistically only governance can do so. However, in order to
adequately fulfill crucial future-building tasks, politics must be revitalized, democracy
must be refocused, and governance must be radically redesigned.”1

3.7.1 Methods to promote Good Governance in Legislature

Accountability has two facets, somewhat separate but interrelated. The first
one is basically political, and in a parliamentary system of government like ours the
executive is kept under an obligation to give an account of its performance to
parliament, and the latter has many devices and instrumentalities to this end. The
second facet is primarily administrative and the executive in its turn holds the
administrators in departments and other public agencies accountable for how they

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 53-61
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carry out their responsibilities. These two are complimentary and they together
constitute the foundation of a responsible government.1

The executive’s accountability to parliament is total and unabridged; and to

assert such a relationship the latter has many ways and many occasions. The executive
is obliged to remove people’s grievances. Indeed, the redress of people’s grievances
precedes the grant of ‘supply’, that is, taxation. Besides, before the parliament grants
funds to the executive it must satisfy itself about the merits of policies for which
funds are needed. It also logically follows that parliament wants to ensure that the
money so granted is spent on purposes for which the grant was accorded to promote
good governance.

Parliament, thus, not only controls the purse but also puts the executive under
its check and control for the whole gamut of its activities and to this end it has at its
beck and call numerous tools as well as opportunities, such as parliamentary
questions, adjournment motions, vote of no confidence, discussion on demands for
grant, calling attention notice, half-an-hour discussion, zero-hour discussion, etc. The
various conventional tools and mechanisms of enforcement of accountability may be
viewed as falling within two broad types. The first type includes devices which are
concurrent and contemporaneous and, thus, are of day-to-day application. Many of the
parliamentary opportunities, like interpellations, adjournment motions, vote of no
confidence, discussion on demands for grants, calling attention notice, half-an-hour
discussion, ‘zero hour’ discussion, etc., fall in this category.

This category of accountability is in the nature of control, strictly speaking.

The second type of accountability is post-facto in nature, which means that it activates
itself after some action, has already taken place. This, in a way, is postmortem which
is undertaken by way of evaluation of the work under scrutiny. Audit and the various
committees of parliament exercise control after the event has occurred, and thrust of
this category of investigation is to find out why and how a particular item of work has
been done. This is more in the nature of accountability than control.2 If both these
exercises are taken seriously there is no alternative with the executive except to

1
S. R. Maheshwari, Accountability in Administration: A Conceptual Framework, July-Sep, 1988,
IJPA, p. 460
2
S. R. Maheshwari, Accountability in Administration: A Conceptual Framework, July-Sep, 1988, IJPA,
pp.460-461.
 117

follow the policies formulated by the legislature to provide good governance to

people.

The efficiency and effectiveness of administration and Good Governance

depend, to a great extent, upon the adequacy and quality of legislative control over
administration. It is the duty of the legislatures as representatives of the people to
keep a continuous and systematic control over administrative operations. It may be
kept in mind that the executive has to follow the policy laid down by the legislature.
The executive cannot deviate from this policy besides, the legislature through many
constitutional agencies controls administrative operations. Some of these are:

1) Public Service Commission’s at the Union and State Levels.

2) Election Commission.

3) Comptroller and Auditor-General of India.1

3.7.2 Assessment of Legislature Control to promote Good

Governance

Parliament powers have increasingly been usurped by the Executives and this
has led to erosion in the mighty and majesty of the Parliament.

The decline of the power of Parliament is indeed a worldwide phenomenon,

but more so in India. The rigidity of the party discipline has reduced the power of the
individual member. Besides, the technicality and complexity of government have also
made the individual members less powerful. In short, the powers of Parliament have
passed into the hands of the Cabinet.

Parliament has neither the time or nor the expertise to control the executive,
especially in the financial field. Pfiffiner and Presthus have rightly mentioned,
“Legislatures, in sum have neither the staff nor the expertise to exert effective control
in meaningful areas. They can act expeditiously and effectively in isolated cases of
notorious conduct, the official whose policy and programme controvert their will is
often severely taken to task but such haphazard expeditious inadequate substitute for
the sustain measure of control and surveillance which official power and discretion
1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 61-62
 118

now require.” The legislature can remain an effective instrument to promote good
governance, provided its members are well read and keen in the subjects being
discussed. At present they remain busy in petty matters and never attend to study and
research the important problems being faced by the people. In this way only, they can
contribute in the area of good governance.1

3.8 Good Governance and the Executive

A State consists of three wings- the Legislature, the Executive and the
Judiciary. The executive is the strongest of the wings and runs the administration of
the ountry. In common parlance, the executive and administration have become
synonymous.

In a broad and collective sense, the executive organ embraces the aggregate or
totality of all the functionaries which are concerned with the execution of the will of
the state as that will has been formulated and expressed in terms of law.2

The executive consist of two parts. One part comprises the elected section and
is composed of ministers. In parliamentary democracy, the privilege of forming the
ministry is enjoyed by the leader of the party, hich is returned in majority to the
legislature or which is coalition or combination with other parties or individuals can
secure a majority in the legislature. In case the ministry ceases to enjoy confidence of
the legislature, the ministers must quit their office. As such, there is an element of
non-permanence in the elected section of the executive. The other section of the
executive is compromised of civil servants. They have an element of permanence
about them and are considered to be the backbone of the administration.ormally, it is
the ministers who take policy decisions and set down the guidelines and general
pattern of administration. The execution of those decisions and the application of
policy guidelines to individual cases is, however, to be left to the civil servants. This
apart civil servant of the rank of secretaries by their nothings and otherwise apprises
the ministers on the basis of their expertise about the various pros and cons of the
proposed policy decisions and in the process express their preference. It is this role of
the secretaries which often puts a strain on their relationship with the ministersIn the

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 77-78
2
C.F. Strong, Modern Political Constitutions, Sidgwick & Jackson Limited, Land, 1952, p. 213
 119

early years of freedom, our ministers- who were, by and large, board-hearted persons
and motivated by no extraneous considerations-welcomed frnk expression of views.
The situation in this respect has undergone considerable change since then.1

The quality of the institutions run by Government would be dependent to a

great extent upon the quality of the employees engaged in their operations. Personal
move the administrative machinery. To quote Mrs. Indira Gandhi: “ If government
has to do more for the people, its employees must play a more dynamic and more
creative role as the instrument for implementing government policies and
programmes.”2 The progress of development would also depend upon the personnel in
an organization. Ferrel Heady says: “The importance of administration is almost
universally recognized amongst commentators on development. Visually an effective
bureaucracy is coupled with vigorous modernizing elite as prerequisite for progress.”3

The challenge of good governance would certainly require government to be

reinvented, bureaucracy to be re-positioned, non government business sectors to be
re-invigorated with a social motive. For all this, a shift of emphasis to the normative
model of managing government would be needed. A reinvented government must
have both ethical consistency and organizational flexibility to remain faithful to the
goal of public service. For the sake of good governance, a reinvented government is to
function in a more missionary, egalitarian and energized manner, having less
machine-like and less hierarchial structure and procedures.4

Sir arren Fisher, in a memorandum to the Tomlin Commission (U.K.) defined

the duties of the civil servant vis-à-vis the minister as follows:

Determination of policy is the function of a minister and once a policy is

determined it is the unquestioned and unquestionable business of the civil servant to
strive to carry out that the policy with precisely the same energy and precisely the
same goodwill whether he agreed with it or not. This is axiomatic and will never be in
dispute. At the same time it is the traditional duty of civil servants while decisions are
1
H. R. Khanna, Judicial and Administrative Reforms-Indian Experience, July-September 1990, IJPA,
p. 51
2
Presintial Address by Mrs. Indira Gandhi, delivered on 22nd October, 1971, at the Annual Meeting of
IIPA, New Delhi
3
Ferrel Heady, Public Administration: A Comparative Prospective, Second Edition, Revised an
Expanded New York, Marcel Dekker, INC, N.Y. 1979, p. 220
4
Ashok Mukhopadhya, Reinventing Government, For Good Governance, in T. N. Chaturvedi (ed.),
Towards Good Governance, New Delhi, IIPA, 1999, p. 36
 120

being formulated, to make available to their political chief all the information and
experience at their disposal, and to do this without fear or favour, irrespective of
whether, the advice thus tendered may accord or not with the minister’s initial view.
The presentation to the minister of relevant fact, the ascertainment and marshalling of
which may often call into play the whole organization of a department, demands of
the civil servant the greatest care. The presentation of inferences from the facts
equallydemand from him all the wisdom and all the detachment he can command.

The preservation of integrity, fearlessness, and independence of thought and

utterance in their private communion with ministers of the experienced officials
selected to fill the top posts in the service is an essential principle in enlightened
government, as whether or not ministers accept the advice frankly placed at their
disposal, and acceptance or rejection of such advice is exclusively a matter for their
judgement. It enables them to be assured that their decisions are reached only after the
relevant facts and the various considerations have, so far as the machinery of
government can secure been definitely brought before their minds.

The analysis of this definition brings out the following characteristics of Civil
Services which help the ministers in promoting good governance.

(a) Civil Servants can place all the facts and opinions before the minister without
any fear.

(b) The civil servant is responsible for the continuity of policy.

(c) The civil servant must maintain secrecy.

(d) The civil servant remains anonymous but he has to bring creativity and
excellence based upon facts.

(e) The ultimate prerogative in policy-making is of the minister.

In India, the relationship is the same in theory but in practice many problems
have crept which have become challenging problems for good governance.

Such a dichotomy between the civil servants and ministers is not congenial to
effective policy formulation and Good Governance. There is intermingling of politics
and administration at every step. We must encourage the integration of politico-
 121

administrative leadership to frame feasible viable and useful policies which can help
the millions of people suffering from abject poverty, unemployment, squalor, disease
and hunger. Here it will be of interest to note that the Administrative Reforms
Commission, have, in their report on the machinery of the government of India and its
procedures of work, recommended the following to promote good governance:

(1) All major-decisions, with reasons, therefore, should be briefly reduced to

writing, particularly where the policy of government is not clear or where
some important departure from the policy is involved or where the minister
differs from the secretary on an important issue.

(2) Ministers should try to develop a climate of fearlessness and fair play. They
should give the secretaries the necessary guidance in carrying out their
policies and orders.

(3) The Prime Minister should, with the assistance of the cabinet secretary and the
central personnel agency, take special interest in arresting the growth of
unhealthy personl affliliatios with individual ministers among civil servants.

(4) Ministers should not interfere in the day-to-day administration except in cases
of grave injustice, serious default or mal-administration on the part of the civil
servants. Where a citizen’s request to complaint calls for a revision of a rule,
procedure or policy, it should be met by effecting such a revision and not by
relaxing the rules to accommodate an individual case.

(5) Secretaries and other civil servants need to show greater sensitivity to and
better appreciation of the ministers difficulties, and to discriminate between
minor adjustments on the one hand and acts of political and other forms of
accommodations compromising basic principles or likely to have substantial
or lasting repercussions on efficiency and morale of the services, on the other.

(6) The official relationship of the secretary to the minister should be one of
loyalty and that of the minister to the secretary one of confidence.1

1
Federalist, Law Classic Liberty, Vol. IV, p. 49
 130

will have to be convinced of public desire for new police laws that reflect these
concepts.1

3.8.2 Good Governance Essential to fulfil the Needs of the Citizens

The people inhabiting the developing world expect their government to pull
them out of the morass odf distressing under development. This would be possible
only provided the efforts of the governments are comprehensive, selective co-
ordinated sustained. Besides, timely action backed by strong will and determination at
all decision-making and operational levels can change the complexion of our socio-
economic scene.

Public administration in the developing countries has the potential and, can be
optimized for bringing good governance in the government. The need is to enforce its
reputation, prestige, credibility and viability. Public services properly recuruited,
rightly trained, properly motivated and given the congenial environment, can help in
fulfillment of the ideals of the country. Thus, the public service would have to work
hard with dedication to achieve the results.

Let us have a great ideal, an ideal that will startle us with its greatness. That is
the only kind of an ideal to hold before our minds eye and to work for. Little by little
our imperfections and difficulties will vanish and instead of regarding life as
drudgery, instead of shrinking from it, we shall bless this life which offers so many
opportunities. We shall find joy even in the little daily tasks and wherever we are
placed we shall know happiness.2 This can fructify good governance.

The critical role of the State in the delivery of public goods and services can
be realized only through an efficient, effective and responsive administration
delivering quality public service. Measure for administrative reforms have, therefore,
acquired urgency, as the framework for an effective administration, capable of quality
service needs to be put in place. High quality and effective public services are a vital
part of a modern state as people are entitled to expect that services, which are often
central to their lives, should be responsive, sensitive to their needs, easy to use,
flexible and efficient.
1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 135-151
2
Swami Parmanand, Secret of Right Activity, Madras, Ramakrishna Math
 131

In exercising of discretion holders of public offices are under obligation to

take into consideration the following: (i) pursue only the purposes for which the
power has been conferred; (ii) there should not be any bias in observing objectively
and impartially, (iii) only relevant factors should be taken into account; (iv) unfair
discrimination should be avoided by observing the principle of equality before law,
(v) maintain proper balance between any adverse effects which the decision may have
on the rights, liberties and interests of persons and purposes sought to be achieved;
(vi) take decision within a time frame which is reasonable having regard to the matter
at stake, (vii) apply general administrative guidelines, if any, in a consistent manner
taking into account, at the same time, particular circumstances of each case. In
addition, procedural requirement of hearing, access to information, statement of
reasons and indication of remedies should be followed in the interest of good
administrative practice.1

Government is very sensitive to the expectation of the people and sincere

efforts in this direction have already been initiated. Good governance is an
overarching component of the agenda of our Government, which has taken measures
to make administration accountable, responsiveness and transparent through : (a)
citizen charters to signify the visible commitment for quality service and attention to
grievances, (b) review of administrative law and regulations for dismantling
procedures and red tape by repeal or amendment of outdated and obsolescent laws,
regulations and procedures that mystify and confuse the people, (c) creating the
environment to reap the benefits of Information Technology by harnessing,
Informational Technology, (d) setting up of Information and Facilitation Counters,
and (e) formulation of a Freedom of Information Bill.2

All the functions performed by the civil services must be oriented to rebuild
the country, transform its economy, instill in the people an ambition for higher
standards of life and arouse in them the will and determination to work for such
standards. The ambition of the greatest man of our times, Mahatma Gandhi, was to
wipe out every tear from every eye. The work of civil services will not be complete
until this noble objective is achieved. In broader senses, the Government through its

1
“The Lusaka Statement on Government under the Law”, Zambia, October 15, 1992
2
Prabhat Kumar, “A Responsive and Effective Government”, in Management in Government, January-
March, 2000, p. 1
 132

civil servants should ensure happiness to the people, as embodied in the following
words quoted in Suriti:

“All the human beings may enjoy happiness and bliss. All should be free from
troubles. All should promote the welfare of others. No one should suffer from any
visible cause which can be prevented by human efforts.”1

3.9 Indian Judiciary and Good Governance

The term ‘judicial governance’ in itself is subject to challenge as the judiciary

is not supposed to be involved in ‘governance’. However, firstly, the effort of the
Indian judiciary to infuse accountability in the functioning of government institutions,
and the growth and development of human rights jurisprudence has demonstrated the
central importance of judicial governance. Secondly, the judiciary is endowed with
the additional responsibility of safeguarding the rule of law, whenever the other limbs
fail to perform their function judicially, according to the spirit of the Constitution.
Thirdly, the judicial system plays an important role in the development of the market
economies- countries that have failed in this respect (good governance) have seen
incomes stagnate and poverty persists. Lastly, in 11th Five Year Plan the approach
changed. All that it states is “Quick and inexpensive dispensation of justice is an
aspect of good governance which is of fundamental importance in a successful civil
society.”

3.9.1 Equality before Law as a means towards Good Governance

The principle that ‘king can do no wrong’ was never accepted in Rajdharma
(Law of the land) in ancient India. Dharma (Law) was considered Supreme and
Foundation. King had to obey the command of law. This principle finds place in
Brihdranyak Upanishad, it says “Law is king of kings. There is nothing above law.
Law combined with the might of king makes weaker more powerful than strong
persons.”

King is also, under the rules of Dharma (Law).

It is thus clear from above quoted lines that-

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 153-155
 133

(i) Dharma (Law) has been dignified by saying it to be king of kings.

Simultaneously it has been also emphasized that kings were under the control
of Dharma and they had to work within the framework of Rajdharma (Law)
and Vyavahar Dharma (Legal Procedure).

(ii) No person is above Dharma.

(iii) Law when combines with the power of government makes weaker person
more powerful than stronger.

Main principle behind this is that everybody is equal before law and law
protects those whose rights have been infringed irrespective of the fact that they are
weak. It has been also told that law alone cannot be effective. Law is fruitful only
when it is backed up by the power of government. Effective implementation of law is
not possible without the help of government. In this way in our ancient history
Dharma was considered to be above Rulers whereas in western legal jurisprudence
law is considered to be an order given as per rules to subordinates by politically
superior on the strength of government. But it is not acceptable to our jurisprudence
that superior is free from fetters of law. On the contrary it is our basic principle that
politically superior person is also controlled by law of Dharma which is supreme.

It has been declared that it is one of the five duties of government to maintain
supremacy of law. In this regard Atrismriti (28) “to punish wicked persons, to honour
noble persons, to cause increase in government funds, to deal impartially with
litigants and to defend the nation or the five pious duties to be performed by king.”

Thus we can see that how all the rights and basic duties of the government
have been included in above mentioned shloka.

A comparison between these five fundamental duties and directive principle of

state policy as incorporated in Articles 38-51 in part IV of our constitution shows that
directive principles of state policy may be kept under any of the five fundamental
duties mentioned in above sholka.

Basic duty, which is connected with the subject under consideration, demands
that government must remain impartial towards litigants. This mandate makes it
compulsory for the government to appoint independent and impartial judges to impart
justice.
 134

Above mentioned shloka not only describes five fundamental duties of king
but tells also their relationship with the use of rights by king and thus highlights
Indian values that king had to perform five basic duties which were identical to five
Yagya (pious duties). In this way the thought behind kingship was not confined to
assumption of rights only but was to adopt and perform selfless duties for the good of
the public.

Kautilya in his book Arthashastra apprising aims and objects of assumption of

rights observed-

“Pleasure of king lies in the happiness of his subjects. Welfare of the public is
considered to be his welfare. He should not do what is beneficial to him alone but he
should do what is beneficial to public.”

3.9.2 Judges appointment as a Mode for Good Governance

Prescribing the qualifications and merits for the post of judges, it has been suggested
in Shantiparva (24-28) of Mahabharata that only those persons should be appointed
judges and be given charge of judicial administration that fulfill the required standard.

One who is-

i. Well versed with law and court proceedings,

ii. Great scholar,
iii. Expert of law of evidence,
iv. Follower of righteousness, and
v. One who has deep knowledge of spiritual matters and logics.

Regarding appointment of judges of a court there is a direction in Naradasmriti

which is as follows-

“King should appoint such persons juries of a court who are honest, truthful,
noble, ethical, impartial to everybody (friends, foes and king) and well versed with
spiritual law so that they may discharge properly the burden of judicial
administration.”

According to an ancient treatise Shukraneeti, which describes vividly different

forms of governments, the qualifications and merits required for becoming judge are
 135

as under-

“A person who is proficient in civil and criminal law and procedure, happy
minded, impartial to both friends and foes, follower of righteousness, fair in speech
and sober in behavior may be appointed as judge irrespective of his caste.”

Superficially these requirements though indicate about the abilities and

specialties of personality of a person who is appointed as judge but in reality give an
introduction of independent thinking and impartial character of a judge which are
necessary for doing justice. This is one of the main aspects which need attention. A
totally fault proof procedure is required to be prescribed for the appointment of judges
at different levels. Judges should observe strictly the instruction given in Shukraneeti
while deciding cases because they are vital-

“Decision of a case should not be an outcome of anger or greed but it should

be based on righteousness.”

Judges have been cautioned to refrain from five evils which may cause
accusation of being partial/partisan. Those five evils are-

(i) Attachment- Showing special inclination by speech or conduct towards any

party to a lis inside or outside court.

(ii) Temptation- If the judges come under temptation it causes apprehensions in

the minds of parties to a lis that the judge is going to accept bribe in cash or
kind.

(iii) Fear- Being frightened in given decision against powerful persons or

government.

(iv) Malice- Such conduct/behavior inside or outside court which gives an

impression to a party that judge is inimical to him.

(v) Secret Meeting- Secret meeting and hearing a party on the back of opposite
party. Circumstances, described above, or embodied in Shukraneeti in order
to caution judges to keep themselves away from such factors which may
destroy the faith of people independent and non-partial judges. This warning
is applicable to all the judges and members of tribunals who have a right to
decide a lis.
 136

Judges of Supreme Court and High Courts take oath as prescribed on the IIIrd
Schedule of the Constitution of India. It is worth mentioning that the oath contains the
words described in Shukraneeti.

3.9.3 Judicial Control and Good Governance

According to George Washington, “The administration of justice is the first

pillar of good governance.” For good governance people’s faith in judiciary based
upon its functioning is essential. Lord Denning once said, “Justice is rooted in
confidence and confidence is destroyed when the right minded go away thinking that
the judge is biased. The judges should not be diverted from their duties by any
extraneous influences or by any hope of rewards, nor by any fear of penalties, nor by
flattering praise, nor by indignant reproach. It is the sure knowledge of this that gives
the people confidence in judges.1 The only real source of power that the judge can tap
is the respect and confidence of the people. The result of this would result in good
governance.

Lord Bryce writes, “There is no better test of the excellence of a government

than the efficiency of a judicial system; for nothing more clearly touches the welfare
and security of the average citizen than the feeling that he can rely on the certain and
prompt administration of justice.”

A.C. Kapur writes, the judiciary is the guardian of the rights of man and it
protects these rights from all possibilities of individual and public encroachments. The
feeling in an average citizen that he can rely on the certain and prompt administration
of justice maximizes his liberty. If there is no adequate provision for the
administration of justice, the liberty of the people is jeopardized, for there is no
definite means which should ascertain and decide rights, punish crimes, and protect
the innocent from injury and usurpation.

We must ensure that legal instruments maximize the benefits for our people
and nation. Laws must protect the indigenous technologies and trade to the extent they
impact people’s living and their welfare as well as ensure national interest. We need
experts both in the Bar and the judiciary to effectively deal with the legal systems of

1
Nigro, Felix, Public Administration-Readings and documents, Rinehart and Co. Inc. New York, 1951,
p. 439
 137

multiple nations and protect the interest of our companies doing business and trade
with these countries.

The welfare of citizens greatly depends upon speedy, timely and impartial
justice. James Bryce has rightly remarked that there is no better test of the excellence
of a government than the efficiency of its judicial system. The judiciary is the
guardian of the rights of people and it encroachments. “If the law be dishonestly
administrated”, says Bryce. “The salt has lost its favour; if it be weakly and fitfully
enforced the severity of punishment that offenders are repressed. If the lamp of justice
goes out in darkness, how great is that darkness.”1 Thus, judiciary, if functions
faithfully, is sure to promote good governance.

All the three wings of government, the three arms and instrumentalities of
governance-Legislature, Executive and Judiciary-have, it seems, collaborated to set-
up a joint venture in mal-governance. In our “functioning anarchy” , where
Legislature and Executive have conspired to sacrifice governance at the altar of
political expediency, an ‘activist’ judiciary, in a very brief flicker of hope, seemed a
savior, but that light has also gone out, engulfing the system of governance in a thick
blanket of darkness. Judicial system has also not covered itself with all glory-in Nani
Palkiwal’s inimitable expressions, it deals with law but does not deliver justice,
resulting in a situation where amid plentiful of laws in our country, there is acute
scarcity of justice a dread place, almost a prohibited area for most sufferers, where
you enter to compound your sufferings.2 How people can expect justice and good
governance when even the judiciary has failed to live up to the expectation.

The function of the judiciary is not to set itself in opposition to the policy and
politics of the majority rule, but to test the validity and constitutionally of the actions
of the State. The judicial institutions have a sacrosanct role to play not only for
resolving inter-se disputes but also to act as a balancing mechanism between the
conflicting, pulls and pressure operating in a society. Courts of law are the products of
the constitution and the instrumentalities for fulfilling the ideals of the State enshrined
therein. Their function is to administer justice according to the law and in doing so,
they must respond to the hopes and aspirations of the people because “We the people”
in no uncertain terms, have committed ourselves to secure justice-social, economic
and political-besides equality and dignity to all.

1
Bryce, J., Modern Democracies, Valli, p.284
2
Batak Dey, Defining Good Governance, in T. N. Chaturvedi, (ed.) Towards Good Governance, 1999,
New Delhi, IIPA, p. 169
 138

According to L.D. White, “At one extreme, the vigour of judicial control may
paralyze effective administration, at the other, the result may be an offensive
bureaucratic tyranny; exactly where the balance may be best struck is a major
problem of judicial-administration relationship.” No hard and fast principles can be
laid down for judicial intervention, but the courts intervene in administrative cases on
the following grounds. The powers entrusted to the executive through discretion can
be misused. Judiciary in India is charged with the responsibility of ensuring Rule of
Law which means that all citizens are equal in the eyes of law. The power is expressly
conferred on the judiciary under Articles 32, 136 and 226. Article 32 gives the
citizens power to seek the intervention of the Supreme Court through an appropriate
writ in the event of any wrong done by the State in the matter of enjoyment of
Fundamental Rights by them. Under Article 226 citizens can move the High Court for
the same purpose. Article 136 confers on the Supreme Court a Large discretionary
power to entertain appeals against any judgments, decree or sentence made by any
court or Tribunal in the country. The courts can provide remedy against such abuse in
the following circumstances:

1. Failure to comply discretion.

2. Abuse of discretion.
3. Non-compliance with procedural requirements.
4. Infringement of Fundamental Rights.1

3.9.3.1 Failure to Comply with Discretion

H.R. Khanna, in the article, “Judicial and Administrative Reform” in the IJPA,
July to September 1990 observes that rule of law is the basic postulate of a democratic
society. Democracy is inseparable from and cannot survive without the rule of law.
Judiciary as an institution plays the most vital part in upholding the rule of law.

Any measure of administrative reform in our democratic polity must

necessarily take into account the need to abide by the law and to ensure that any
infringement thereof by those in charge of administration can be rectified by an
agency. It is thus that the courts come into the picture in the matter of administrative
reforms. It is thus that rule of law permeates different spheres of State functioning and

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 84-91
 139

in the process lends strength to democratic basis of our polity. And it is thus that we
shall be governed in terms of Plato’s ideal by rule of law rather than rule of men.

The competent authority needs to act positively and within the parameters of
discretion, otherwise the action will be wrong. This can arise under the following
circumstances:

i. Sub-delegation of functions.
ii. Acting under dictation.
iii. Non-application of mind.
iv. Imposing fetters on the exercise of discretion.

(i) Sub-delegation of functions

In such cases an authority which was empowered to act may sub-delegate to

person at lower levels to execute the function. Though this may be done to expedite
execution it will be invalid if it is not legally permitted. Says de Smith, “A
discretionary power must, in general, be exercised only by the authority to which it
has been committed.”

(ii) Action under Direction

It happens when a person authorized to act, instead of exercising the power

himself, uses the power under the direction of a superior authority. In law, this
amounts to non-exercise of power. For example, in a case between Commissioner of
Police vs. Gordhandas the Court observed that under the Bombay Police Act 1902,
the Commissioner of Police had cancelled the license of a cinema theatre under the
direction of State Government after the initial sanction. The Supreme Court set aside
the case.1

(iii) Non-application of mind

The authority under discretionary power needs to apply his/her mind to the
facts of the case before taking any action if his condition is not satisfied, there is clear
non-application of mind on the part of the authority concerned. For example, in a case
between Jagan Nath vs. State of Orissa relating to preventive detention, six grounds
were advanced in the order of detention while in the affidavit, the Home Minister, on

1
AIR 1952 SC 16
 140

behalf of the Government, mentioned only two grounds to detain the prisoner. The
Court rejected the order on the ground that the Minister had not applied his mind to
the facts of the case.1

(iv) Imposition of fetters

An authority interested with discretionary power needs to examine individual

cases on their merits and not merely impose discretion by adopting fixed rules of
policy to be applied in all cases coming before it. It means that administrative
authority should not closed its mind and shut its ears to an application. In Sri Nagar
vs. Minister of Housing,2 The court held that the existence of general policy does not
preclude the Minister from fairly judging all the issues which are relevant to each
individual case as it comes up for a decision.3

3.9.3.2 Abuse of discretion

The authority exercised by administrative agencies needs to be according to

law. However, when the exercise of this authority is improper, there is abuse of
power. This can take many forms. Let us discuss a few of them.

(i) Malafides

It means dishonest intention, like personal animosity, spite, and vengeance,

personal benefit, fraud. He court observed in Jai Chand vs. West Bengal.4 “Malafide
exercise of power does not necessarily imply any moral turpitude as a matter of law. It
only means that the statutory power is exercised for purpose foreign to those for
which it is in law intended.” The Central Administrative Tribunal in its judgment
dated 1st February, 1993, quashed the Haryana Government’s order of Dec. 11, 1991,
transferring Mr. Gurnam Singh, Principle chief conservator of forests to the post of
Managing Director of the Haryana Forest Development Corporation. The bench
observed, “The aforesaid facts strengthen the allegation of malice and bias to a
considerable extent. To our mind the time tested adage that men may lie but
circumstances may not can justifiably be invoked in this case.” The onus of the

1
AIR 1966 SC 1140
2
(1970), WLR, 1281, 1298
3
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 91-93
4
AIR 1967 SC 483, 485
 141

responsibility to prove malafied is on the person making the allegations as such

allegations can be easily mentioned than proved.

(ii) Improper purpose (Collateral Purpose)

A statutory power conferred on the authority ought to be exercised only for

sanctioned purpose and its exercise for a different purpose is not a valid exercise.
Improper purpose has become an important ground to exercise control over
administrative actions.

The Court in a case between State of Mysore v. P. R. Kulkarni, observed, “A

power used under the misapprehension that it was needed for effectuating a purpose,
which was really outside the law or the proper scope of the power could be said to be
an exercise for an extraneous or collateral purpose.”

(iii) Irrelevant Considerations

The authority must be exercised on the consideration relevant to the purpose

for which it is given. It may be distinguished from malafide. Here, the action is taken
as a result of the honest and unconscious mistake made by the authority.

In Baldev Raj vs. India,1 the authority took into account old confidential reports and
not the current one to retire Mr. Baldev. The Court struck down the order based on
irrelevant consideration.

(iv) Mixed purpose

Here, the administrative action is based partly on relevant considerations and

partly on irrelevant considerations. The Supreme Court in Dwarka Das v. State of J &
K classified its scope as:2

“Where power is vested in a statutory authority to deprive the liberty of a

subject on its subjective satisfaction with reference to specified matters, if that
satisfaction is stated to be based on a number of grounds, or for a variety of reasons,
all taken together, and if some out of them are found to be non-existent or irrelevant,
the vary exercise of that power in bad. This is so because the matter being one for

1
AIR 1981 SC 70
2
AIR 1957 SC 168
 142

subjective satisfaction, it must be properly based on all the reasons on which it

purports to be based. If some out of them are found to be non-existence or irrelevant,
the Court cannot predicate what the subjective satisfaction of the said authority would
have been on the exclusion of those grounds or reasons. To uphold the validity of
such an order in spite of the invalidity of some of the reasons or grounds would be to
substitute the objective standards of the court for the subjective satisfaction of the
statutory authority.”

The court further clarified it by adding a rider, “In applying those principles,
however, the Court must be satisfied that the vague or irrelevant grounds are such as,
if excluded, might reasonably have affected the subjective satisfaction on the
appropriate authority.”1

(v) Leaving out Relevant Considerations

If the authority does not take into account relevant considerations the exercise
of the power would be improper. An authority needs to base his action on relevant
considerations which a statute prescribes explicitly or implicitly.

(vi) Colourable Exercise of Power

It means that under the guise or colour of power, the authority is achieving
something else for which the power was not conferred on him. The power used is
illegal but the authority has falsely given its legal conformity.

(vii) Non-compliance with Procedural Requirements

An exercise of discretionary power amounts to be improper if the authority

does not follow the procedure laid down in the statute. The Courts are to decide
whether this requirement is mandatory or directional. Thus, the administration needs
to follow the complete procedure before final decision.

(viii) Infringements of Fundamental Rights

Administrative needs to exercise it power in consonance with the provisions of

Fundamental Rights. Any action in contravention of the Fundamental Rights will be

1
AIR 1957 SC 168
 143

ultra vires. These are sought to be achieved through number of writs mentioned below
promote compliance of citizen’s rights and good governance.

(a) Habes Corpus

It is Latin term which literally means ‘you may have the body’. The writ is
aimed at securing the release of a person who has been detained illegally. The writ of
Habes Corpus would be valid only if it is found that the power of detention vested in
an authority was exercised with malafide intention and has been done for collateral or
ulterior purposes. The Supreme Court has widened its scope by granting relief
through the writ against cruel and rude treatment meted out to prisoners in jail. The
Court in Sunil Batra v. Delhi Administration case observed. “the dynamic role of
judicial remedies imparts to the habeas corpus writ vitality and operational utility that
makes the healing presence of the law live up to its reputation as bastion of liberty
even within the the secrecy of the hidden cell.”1

Habeas corpus is not issued in the following cases.

i. Where the person against whom the writ is issued or the person who is detained
is not within the jurisdiction of the court;
ii. To secure the release of a person who has been imprisoned by a court of law on
a criminal charge;
iii. To interfere with a proceeding for contempt by a court of record or by
Parliament.
The writ of habes corpus is granted as a matter of right and not at the
discretion of the court, i.e. , the court is obliged to issue it, if there is prima facie case
for supposing that the person is unlawfully deprived of his liberty. The Preventive
Detention Act in India is a limitation on a citizen’s right to liberty but in some
situations it has become necessary. But this power cannot use arbitaily by the
executive. A person cannot be detained more than three months unless the cause of
his detention is investigated by an advisory board consisting of persons of the status
of a judge of High Court within the period and the board has that there is, in its
opinion, sufficient cause for such detention.

1
AIR 1980 SC 1582
 144

(b) Quo Warranto

The term quo warranto specifies ‘what is your authority’. By this writ, a
holder of an office is called upon to show to the court under what authority he holds
the office. A writ of quo warranto can be claimed by a person if he satisfies the court
that (1) the office in questionis a public office, and (2) it is held by a person without
legal authority.1

It provides the courts to control the executive action in the matter of making
appointments to public offices against statutory provisions. It protects citizens from
being deprived of public office to which he may have a right. The writ of quo
warranto is not issued in respect of an office of a private character.

(c) Injunction

It is a writ issued by the court requiring a person to do or refrain from doing a

thing. It is called ‘mandatory’ when it requires the defendant to do a thing and
‘preventive’ when it requires the defendant to refrain from doing it. Mandatory
injunction would thus appear to resemble mandamus because both commands the
respondent to do a thing, but there is a difference between the two. Mandamus cannot
be issued against a private person while an injunction is usually directed to the parties
in the dispute whosoever they may be. Again, the preventive injunction resembles
prohibition but the difference between the two is that prohibition is a writ available
against judicial authorities only, while injunction is a writ against executive officials.

(d) Mandamus

It is a command ordered by a court to an authority asking it to perform a

public duty imposed upon it by law. To quote Markose: “It is a judicial remedy which
is in the form of an order from a Superior Court to any Government court,
Corporation or public authority to do or to forbear from doing some specific act which
that today is obliged under law to do, or refrain from doing, as the case may be, and
which is in the nature of a public duty and in certain cases of a statutory duty.” The
duty sought to be enforced must be a public duty, which is a duty cast by law. A
private right cannot be enforced by the writ of mandamus. It can also be issued to
undo what has already been done in contravention of a statute. A writ of mandamus

1
University of Madras vs. Govind Rao, AIR 1965 SC 491
 145

will not be granted under the following circumstances:

1) When the duty is merely discretion in nature, the writ of mandamus will not
lie.

2) A writ of mandamus does not lie against a private individual or any private
organization.

3) A writ of mandamus cannot be granted to enforce an obligation arising out of

a contract.

Mandamus is available from a High Court for the following reasons:

(i) To enforce the performance of a statutory duty where a public official has got
a power conferred by the Constitution or a statute but refuses to do it;

(ii) To compel any person to perform his duty where the duty is imposed by the
Constitution or a statute or a statutory instrument;

(iii) To compel a court or judicial tribunal to exercise its jurisdiction when it has
refused to exercise it; and

(iv) To direct a public official or the government not to enforce a law this is
unconstitutional.

Manddamus will not be granted against the following persons:

(i) The president or a governor of a state, for the exercise and performance of a
powers and duties of his office or for any act done.

(ii) Mandamus does not lie against a private individual or body whether
incorporated or not, except where the state is in collusion with such private
party, in the matter of contravention of any provision of the Constitution or a
statute or a statutory instrument.

(iii) Mandamus is not issued to compel legislative officials to perform their purely
legislative functions. But it lies against ministers, departmental heads, and
other officials.1

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 93-97
 146

(e) Prohibition and Certiorari

A writ of prohibition is directed to prevent an inferior court or tribunal. From

exceeding its jurisdiction, or acting contrary to the rules of natural justice. Certiorari-
it is issued by a superior court to inferior courts to prevent the inferior court from
usurping a jurisdiction with which it was not legally vested, or in other words, to
compel inferior courts to keep within the limits of their jurisdiction.

Thus the writ is issued in both cases where there is excess of jurisdiction and
where there is absence of jurisdiction.1

Judiciary has been doing a useful work in protecting the citizens from the
wrongful acts of Government. Lord Denning has rightly said “that properly exercised
the new powers of the executive lead to a Welfare State, abused; they lead to a
totalitarian state.” Courts also keep the members of the legislature and Government
machinery in their proper place. There are remarkable achievements of judiciary in
independent India in all the fields to promote good governance.

It is time of appreciation that judiciary is playing an important role in

providing good governance where legislature and administration are feeling
hopelessness and are entrenched in poor politics of vote bank. They must understand
that Governance is not the monopoly of any party, therefore all parties should come
together to remove the irritants to citizens and make good governance a reality. In
addition, judiciary must also put its house in order as we find that people are being
fleeced and cheated by advocates under the very nose of judiciary. Therefore, judicial
reforms are also essential which can ensure good governance in judiciary in this
contest. We may submit:

a) Litigants must be provided all facilities at market price and not fleece the
litigants by charging disproportionate charges.

b) There must be some rationalization of fees charged by advocates otherwise

justice would be meaningless.

c) Judges must be transferred to places where their relatives are not practicing as
this is the main cause of corrupt practices.

1
S. Govinda Menon vs. Union of India, AIR 1966 SC 1274
 147

d) The right to stay and reservation of judgement must be used carefully for good
governance.

e) The contempt of court should not be misused so that people can tell the truth
before the court which should be ready to listen him carefully.

f) The government has approved connecting all the 15000 courts- from the
District Courts to the Supreme Court-through a Wide Area Net-work. This is a
very important step mission mode and time- bound operation.

In this way judiciary must set an example by implementing good governance

within its own sphere. Charity begins at home. This would lead to appreciation of
judiciary vis-à-vis executive and Legislature the two organs of Government would
welcome the steps of the judiciary to promote good governance. People would be
benefited in a big way and would start feeling the atmosphere of good governance
emanating from all organs of government.1

The following essentials need be there to improve the functioning of judiciary

to promote good governance:

a. Judiciary should be well equipped with required staff so that justice can be
expedited and arrears may not pile up.

b. Judiciary should ensure that citizens are not fleeced by the advocates. The fees
can be reduced to make justice cheaper and within the reach of the poor
people.

c. Judges need to insulate themselves from political influences.

d. There is need to find means to identify corrupt persons in the judicial system
and do away with them.

e. Judiciary should main the judicial infrastructure to ensure decent services to

the clients-cheap typing, photostate, good canteen, public relations cell, etc.

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 98-101
 148

f. The government needs to appoint a research cell to examine judicial decisions

to locate the problems of administration, and take necessary action on such
findings to avoid future recurrence.

g. There is a need of an institution like Ombudsman as in Swiden and Finland for

supervising the courts.

At present, there is no machinery to take care of the malfunctioning and

maladministration in courts, resulting in many problems to the citizens. The difficulty
to deal with judiciary has come to the fore recently. Donald C. Rowat, through his
brilliant article, ‘Should the State Ombdusman Supervise the Court’s, has
recommended the need of ombdusman for judiciary and also the need of extending
the jurisdiction of Lok Ayuktas already functioning in some states to judicial set-up in
their respective states. To quote him:1

“There are no provisions for remedying unintentional mistakes made by

judges or officials of the courts. The debate in the legal community always seems to
be about ‘discipline’ and codes of conduct, which are always concerned with willful
misbehavior. But as the Ombdusman’s work shows, much maladministration is
unintentional, simply caused by bureaucratic bungling and delays in large
organizations. Judges are only human and make mistakes, while courts are becoming
large organizations, subject to the usual bureaucratic bungling. Since court is in
hierarchy, like any other organization, thearutically misbehavior and mistakes are
supervised by the higher levels within the court system. But like other professions and
officials elsewhere judges tend to close, ranks and ‘project their own’ when criticized.
Their clients, knowing it is useless to complain, make few complaints. Since judges
are choosen from the ranks of the lawyers, and since court lawyers want to be treated
well in future by their presiding judges, they are not inclined to complain about a
judge’s behavior.”

Concerns about the court’s ruling becoming a launch-pad for political

vendettas and malicious prosecution are not entirely misplaced. But the benefits of
such a ruling far outweight any real repercussions that public servants may face.
Coupled with the Right to Information (RTI) Act, this judgment will have a far-

1
Donalt C. Rowat, “Should the State Ombdusman Supervise the Course, IJPA, Vol.XXXVII, No. 2,
April-June 1991, p. 163
 149

reaching impact in bringing public servants to book for misconduct and unlawful
activities. There is an undeniable need to improve the quality of public service in this
country, especially when one takes into account India’s aspiration to become an
economic and political powerhouse.1

3.9.4 Suggestions to Inject Good Governance in Judiciary

1. Need of Speedy Trial

Right to speedy trial is a constitutional right, but no guidelines can be set for
the court to speed up proceedings. “Though the right to speedy trial as such is not
enshrined in the Constitution, the Supreme Court in several cases has held the right of
the accussed to speedy trial was implicit in and flowing out of the Article 21 of the
Constitution.”Minister of State for Law and Justice K. Venkatapathy said, “No
guidelines can be fixed by the court and each case has to be examined on its own facts
and circumstances.”

2. Need of Strict Supervision over Lower Courts and Police and taking actions
against Corrupt Judges/Policemen/Forensic Experts, etc.

3. Need of Action against Persons giving False Witness.

We need to ask why cases take so long to come to trial. We need laws that
prevent witness from changing their stories with the passage of time. We need to put
at least some of the people who lied in the Jessica case in jail so that all witness in
future cases know that we are a society that does not tolerate liars or murderers. If we
can use the middle class anger generated by these cases to make some systematic
changes, then we will have achieved something that is lasting and truly significant.
Moreover, any changes in the system, any move to make the police and the courts
more accountable will benefit all in India.

4. Ensure the Appointment of High Quality Judges

The quality of judicial pronouncements depends to a great extent upon the

quality of judges especially in the lower courts where people come in contact with
them frequently. Punctuality, priority, promptness, politeness and patience are virtues

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 97-104
 150

judges can ill afford to ignore. What is important is not the disposal of a case but the
truth that is at the bottom. And it is this that judges is expected to attempt to
discrenbefore rendering their judgements.

5. Need of Changes in Law

K. N. Bhat in his article, “Manu’s crime and punishment-change the law and
save lives in the Tribune dated Dec. 23, 2006 clearly stated that right people at the
right places at the right times will bring in right results, even if the operating system is
imperfect. But such miracles do not often happen in real life. Murders cannot be
prevented; but how many more of them are needed to stir the concerned into action by
suitably amending the laws to make the justice system more efficient and meaningful.

V. Ranganathan in the guest column of Times group under the article, “Indian
judiciary: Delay is thy name” gives some suggestions that First, take up only that
many cases, which the judge can hear. By this simple step, you save half a day of each
day spent on routinely rescheduling the cases. Secondly, put the cause list on the web,
at least a week in advance; this way every one, the lawyers, judge and the clients can
prepare themselves, and can avoid restoring to adjuournment. Thirdly, classify cases
and have a norm, within which each type of case should be disposed of. Fourthly,
based on the norm, have n incentive system for the judges, in terms of giving them a
variable pay, for disposing of the cases in excess of the norms. Fifthly, consider two-
shift working of courts, in order to clear pending cases.

By removing delays, the Indian judiciary can bring back some lost credibility,
and can not only provide justice and welfare for the common citizens, but also speed
up economic progress by giving the right signal to foreign investors.1

3.10 People Participation for Good Governance

Public participation is one of the most significant contributions for the

efficiency and effective Governance. Time has come for a strong message to be
conveyed that administration is for the people and not for the local bureaucracy. There
has to be a change of attitudes, and Public servants should realize that efficiency will
be measured not in terms of public satisfaction. Simultaneously, there has also to be a

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 104-108
 151

cleansing of the services and codification of ethics, values systems and the interface
with the politicians.

M. Aziz Ahmed has strongly advocated as follows: “Transparency and people

participation in regulatory and development administration is very crucial not only in
bridging the gap between the administration and the public by way of reducing the
corruption and complaints against the system. Further, it helps the people to
understand the limitation of the administration at different levels.1

Indian democracy is moving to another level, with its citizen demanding their
own space in an increasingly DIY (do it yourself) world. Two impulses have
contributed to deliver on its promises and the other is its inability to meet its
development goals in certain spheres. It is here that civil society groups have stepped
in to enhance the democratic potential of the state, leading to new and innovative
models of citizen participation.

Broadly speaking, goodness of governance emerges from positive

development roles of functionaries, underpinned with a summation of positive values-
including morality, ethics, accountability, transparency, etc.-in a weberian model of
public administration operating in a democratic context. A true democracy visualized
decentralization and delegation of political power to realize true people’s
participation, who are the ultimate beneficiaries of all administrative activities relating
to law and order development, social welfare, etc. Assertion of this angle is clearly
visible behind the demand for enforcement of people’s charter. In the twenty-first
century, let the people themselves decide what they want, when, how and where and
in what proportion and let public administration restrict itself to a mere enabling role
and not guiding them or leading them in their onward march to realize their socio-
economic and development goals.2

Good Governance and citizens are intimately related to each other as the
existence of one without the other is not possible in a civilized society. The
harmonious relationship depends upon the sincerity, earnestness and co-operation
between the two. To quote Robson, “The achievement of good relations between the
government and the public is a matter which does not by any means depend solely on

1
M. Aziz Ahamed, “Good Governance Through Transparency”, in Management in Government, Dec.
1999
2
M. K. Gaur, Political Stability and Good Governance, in T. N. Chaturvedi (ed.), New Delhi, IIPA,
1999
 152

the conduct of civil servants and politicians. It depends equally on the attitude of
citizens, groups, corporations, associations of all kinds and, indeed, of all unofficial
bodies to public authorities. If we want public servants to behave well towards us, we
must behave well towards them. Moreover, we must normally assume that they for
their will behave well…….if politicians and civil servants are held in low esteem, if
their work is derived, if abuse and invective is poured on them continuously, if loose
and unsubstantial allegations are made about incompetence, dishonesty, laziness and
indifference to the public interests, it is unlikely that officials will develop or display
qualities of integrity, industry and public spirit.”1

Administration based on good governance is never something apart from

people and their needs, rather it is the means by which these needs are met and the
administrator who thinks of his organization as something apart from the community
will fail to recognize significant problems of the citizens and the administration and
will not be in a position to deliver the goods.

ARC has also observed in this very connection: “If, in the prosperity of the
people, lies the strength of a government, it is in their contentment that lies the
security and stability of democracy.”2

Some of the principles of successful community participation through Good

governance are:

a) Deal with problems which the community recognizes as its problems;

b) Provide for community self-determination;

c) Engage the community in an active way in the solution of the problems;

d) Move at a pace that is comfortable for the community;

e) Encourage growth in the community through solving of problems; and

f) Encourage community self-understanding and integration. The main principle

of community organization is to involve people in formulating and solving
their own problems.3

1
William A. Robson (Ed.), The Civil Services in Britain and France, Hogarath Press, 1956, p. 13
2
ARC: Interim Reports of ARC on Problem of Redress of Citizen’s Grievances, p. 17
3
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 169-174
 153

To ensure these the Government needs running administration based on good

governance. Though people’s participation is a pre-condition for success of
development programmes and there must be an in-built mechanism to involve people
in their conceptualization, planning, implementation, monitoring and management of
resources (funds). This may increase the efficacy and acceptance of the programme
on the one hand and reduce the operational and administrative costs on the other. Yet
government and voluntary organization have not been successful in evolving a precise
method of involving the people and therefore, many programmes launched with
laudable objectives and great expectations start losing their momentum sooner or
later.

Marsen considers1 that meaningful participation is concerned with achieving

power, i.e. the power to influence the decision that affects one’s livelihood. So power
is the key variable to influence decision-making and lack of it not only causes but also
perpetuates the ill-being of the poor. Thus, participation, power and well being are
inter-linked. Indian experience has been altogether different as policies and
programmes meant for development of poor have rendered only intoxicating impact
and have genuinely not been concerned with sharing power.

The people’s participation in development process has been elusive. This has
been caused by two factors: (1) Lack of honesty on the part of NGOs and government
or traders of development; and/or; (2) People’s apathy owing to many reasons who
more often than not, are either deviated or resisted to join the moves seeking their
participation.2

For democracy to be successful at the national level, the grass-root

organizations have to be strong and must be run on good governance. The local
authorities have to respond to the felt needs of the people. The local authorities have
to respond to the felt needs of the people. The citizens have to have faith in the
efficacy of the administrative system so that the distance between people and the
government is reduced. The administration, for good governance has to be accessible.
In developing countries, it is the government which initiates and implements

1
D. Marsden and P. Oakley, “Radical Community Development in the Third World”, in M.G. Graig.
et. al. (eds) 1982, pp. 153-56
2
P. K. Bajpai, People’s Participation in Development, October-December, 1998, IJPA, p. 817
 154

development programmes. It must gain support of the people in the discharge of these
programmes, particularly at the cutting-edge. Such support would strengthen
democracy as well as positive response of the community to development programme,
which should be the ultimate goal of good governance.

Let us now discuss the technique of People’s Participation:

1. Strengthening Public Relations Through Mass Media

The creation of awareness is integral to social and economic development. The

possibility for the power of communication to liberate the minds and potential of
people to critical awareness is real in every field linked to human development and
the generation of public will hinges on effective communication of information and
ideas that relate to people’s need, aspirations and capacities for progress in thought
and action. In this sense, getting development process started is largely the task of
information, education and communication through public relations.

Public relations are the establishment of a climate of understanding. It means

interpreting the programme of an organization to the public and vice versa. According
to J. L. Mccany: “Public relations in government is the composite of all the primary
and secondary contacts between the bureaucracy and the citizens and all the
interaction of influences and attitudes established in these contacts.”

According to Harwood: “Public relations may be defined as those aspects of

our personal and corporate behavior, which have a social rather than private and
personal significance.”1

The purpose of public relations in not only to supply information, but also to
encourage an understanding and co-operation between the citizens and the public
servants. The objectives of public relations should be to increase prestige and
goodwill and to protect the life of the organization by safeguarding it against
unwarranted attacks as well as to remove the genuine complaints and grievances of
the people. All this would depend upon the Government which only through good
governance can win the confidence of the people.2

1
Harwood, Childs L. An Introduction to Public Opinions, op. Cit., p. 2
2
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), p. 175
 155

2. Understanding Public Needs and Values of the Community

The first important step in public relations is to understand the community.

Every community is different and there are differences between each local community
in the same country in terms of their work culture and living standards, family life,
social structure and attitudes. Besides, values, beliefs and customs, religious practices,
etc. different areas. There is a need to understand the need of the people based upon
this diversity before launching any field operations. How to learn about the people
and the community? Some of the important methods are:

(i) Discussion with people

Discussion can be both formal and informal. Discussion can be held with
formal groups of the people. However, informal discussions with people in the
markets and common places will throw light as to what concerns people most. In
ascertaining the health needs of the people, CAN (Community Needs Assessment)
surveys are carried out before introducing facilities in the area. Mahatma Gandhi had
to tour the country to understand the problems of the country. Jawaharlal Nehru
advised bureaucracy not to retire in their cells after work but should mix with all
kinds of people, which would provide them with material that is not in their files.

(ii) Study of Newspapers, Magazines and other Published Literature

A public relations department needs to study the published material wherein

people express their needs and mention their likes and dislikes. This is a rich source of
information.

(iii) Complaint and Suggestion Boxes

Most of the departments have put complaint and suggestion boxes. The
analysis of complaints and suggestions can help the organization in understanding the
needs of the people.

(iv) Surveys

A well designed survey, opinion poll, or census can help us to know the
reactions of the people about organizations. Researches generally use such surveys to
understand the problems.
 156

Thus, the understanding of the people is vital for public relations to be

effective. Hiroshi Nakajima, Former Director-General of the World Health
Organization, has rightly stressed the need of understanding the people. To quote him:

“People are the true measure of the success of policies and programmes. At
the same time, people are the determinants of success. Experience teaches us that,
whether in the most sophisticated cities or in the most remote villages, when people
act with determination and understanding in pursuit of goals they deem essential, they
achieve success. Previously insoluble problems are solved and resources are
mobilized. Miracle happens.”1 The people’s energy and its use are the pillars of Good
Governance.

3. Informing People and the Community

Public relations departments/section needs to make the people aware about the
people’s benefit programmes they want to understand for the people’s benefit or the
benefit of the country/area. This would aim at educating the people about the schemes
in operation-their objectives, services, eligibility criteria, agencies and functionaries
for the delivery of services. A good public relations exercise would provide the
information in a way as to generate community’s conviction about the efficacy and
usefulness of the services. It would also leads to community’s clear understanding of
its participation and contribution. Knowledgeable citizens can ensure good
governance through their active participation.

4. Creating Satisfactory Climate

For any public relation campaign to be effective, it is important to create an

environment of goodwill based on equity. People must be given their due status and
must be taken into confidence based on trust. Satisfactory relations between
administration and people are necessary conditions for good governance.

5. Advising People

The government may advise the people to act in a way, which may be
beneficial to them and to the government/agency concerned. Public relations through
its various channels need to inject the desired changes to generate development,

1
WHO, World Health, May-June, 1992, p. 3
 157

dynamism, and modernization. Thus, the advice to be effective should be preceded by

extensive planning of the public strategies to be followed.

Prem Kumar has rightly stressed the right to participate in the affairs of the
country is meaningless unless the citizens are well informed on all sides of the issues,
in respect of which they are called upon to express their views. One-sided
information, disinformation, misinformation and non-information-all equally create
an uninformed citizenary, which makes democracy a farce when medium of
information is monopolized either by a partisan central authority or by a private
individual. This is particularly so in a country like ours where about 32 percent of the
population is illiterate and hardly 6.5 percent of the population has access to the print
media, which is not subject to precensorship. When, therefore, the electronic media is
controlled by one Central agency, as stated earlier, was representing all sections of the
society. Hence, to have a representative central agency to ensure viewer’s right to be
informed adequately and truthfully is a part of the right of the viewers under Article
19(1) (a) of the Constitution of India.1

6. Creating Independent and Attractive Mass Media

The media of any society are among the most important institutions.
Democracy without free media is a contradiction in terms. Mass media should be the
watchdog of democracy, and not the poodle of the establishment. The media has a
greater responsibility today than they ever had to guide the nation and make every
citizen conscious of his fundamental duties enshrined in the Constitution. Public
relations are carried out through many ways. Let us discuss some of the important
ones.

(a) Press

Press is a very important channel of public relations, especially in

metropolitan because of low literacy in developing countries like India. Besides, the
press in developing countries does not co-operate with the Government in creating
positive atmosphere, which is ideal for development. Rather, the press generally
concentrates on negative aspects of the government resulting in alienation between
the Government and the people.

1
Prem Kumar, Fundamental Duties and Media, Oct-Dec., 1999, IJPA, pp. 698-730
 158

(b) Radio and Television

Radio and Television also play an effective role in public relations. Television
has become very popular and its visual impact is high. However, the programmes
aiming at development are not presented in a way as can influence the minds of the
people, besides; the time devoted for development activities is very less.

(c) Films

Public relations developments make films in the areas of health,

education, family planning, literacy; grow more food, agriculture, etc. which are
quite useful. These films are screened with the films shown in theatre as well qs
screened in villages by mobile units. However, the contents of these films are not
attractive to motivate the people to attend.

(d) Songs and Dramas

Public relations departments arrange folk, songs, drama, dances to make the
people understand the problems. For example, songs and dramas are used for
depicting population problems. Public relations in the Government of India at the
Union and State levels have not been effective in the private sector but the
government sector needs improvement.

7. Personnel Communication

The art of developing common understanding about people is vital to bring

about change of attitudes and behavior among bureaucracy. Sociologists have
classified the diffusion process, which leads to a widespread acceptance of the
programme into five stages:

1. Awareness ( the individual’s first introduction to a new idea or practices);

2. Interest (the stage at which he actually seeks further information and

background data);

3. Evaluation (the stage of assessment on theoretical grounds);

4. Trial (a limited phase of experiment), and finally

5. Acceptance or adoption.
 159

Naturally, the duration of the process depends upon personality factors, which
differ with individuals. Mass media helps in creating awareness, in providing
stimulation and motivation and in giving ready access to information. But at the
specific stage of evaluation, trial and adoption, inter-personal, face to face,
communication counts for much more and the inability of the mass media to maintain
a two-way dialogue with regular feedback restricts their utility.1

8. Need of Empowering the People, Especially the Disadvantaged Sections of the

Society to Promote Good Governance

Participation has goals and objectives, which the community commonly

shares. This common sharing makes the members of the community come together to
take collective action to achieve the common goal. The goal sets the parameters and
defines, in different situations, which the participants are? The roles different
participants perform depend upon their capacity and capability like skills, technical
knowledge, formal position, education, control over funds, connection with those in
power, etc.

The hierarchy makes the powerful participations achieve and others passive.
This affects participation in favour of those who have the power to make decisions for
others.

The poorer groups, who are generally the most affected of the development
process, are the least powerful. The poor are automatically excluded from the
participation process. Decision-making is the first step in the development process.
Therefore, a key objective of the participation is to find out ways to include the
hitherto neglected groups, who are directly affected by the negative impacts of
development in the decision-making process.

Participation is a process of giving weightage to the poorer groups in the

development process so that they may have say and control over decisions, which
affect their lives; participation is a process of empowering the poorest. The indicator

1
UNESCO, Communication in Media, Family Planning and Development. No. I. Paris. p. 1975
 160

of genuine participation is the extent the poorer groups have power over decision-
making and over resource management.1

Panchayat Raj Act has taken a bold step in providing reservations to the
weaker sections of the society. As a result, majority representation has been provided
to them to undo the socio-economic handicaps thrust on them, in the traditionally
exploitative society. These weaker Sections of the society have also been given an
opportunity to get elected to the posts of Adhyakshas and Upadhyakshas. If this
provision was not made in the Act, the disadvantage groups would have been reduced
to mere numbers, having no great say in the decision-making process. Due to their
illiteracy, ignorance and social backwardness, they could not have mustered enough
courage to stand up to the cause of their communities. Thus, for the first time the local
governments have been transformed into a system of people’s governance of
themselves. They can mobilize the prospective beneficiaries to participate in the
process of planning as well as execution. They can, therefore, effectively initiate a
process of bottoms-up approach to development.

9. Attitudinal Changes among Personnel Responsible for service

A democratic reorientation of the attitudes of the officials towards the citizens

has become very much necessary for both the prevention of the citizen’s complaints
and their prompt redress. Local Bodies should pay great attention to the opinions of
the people. Reorientation of the attitudes of the officials towards the citizens is a very
difficult task. It will require thinking on several fronts such as in service training,
recruitment from a wider social base, special assignments in rural areas and the like.
The officials of local bodies of today should not only possess traditional service
virtues like efficiency, integrity, and loyalty but should also shake of all the feelings
of exclusiveness and superiority. There should be a desire to establish contacts with
the citizens to understand their problems. Unless the change in the attitudes of civil
servants as a whole is brought about, all other measures to deal with the citizen’s
grievances will be of limited use.

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), p. 182
 161

10. Strengthening of NGO’s/Voluntary Agencies and ensuring their

Accountability

Voluntary agencies have a long history of active involvement in the promotion

of human welfare and wellbeing. Lord Beveridge called them “a private enterprise for
social progress.” Voluntary agencies come into existence spontaneously, voluntarily
and without any compulsion or control to fulfill the particular needs of some groups
of people. These agencies are flexible and possess the virtues of human services with
dedication. Voluntary action is the soul of democracy as this medium secures the
active involvement of the people from policy-making to implementation. It is the life
and blood of democracy.

A voluntary agency may be defined as: An organization that is administered

by an autonomous board which hold meeting, collects funds for the support, chiefly
from private sources, and expends money, whether with or without paid workers, in
conducting a programme.”

According to Dharma Vira: “Work of voluntary organizations and citizen

participation are two sides of same coin. Citizen’s work in organization but on their
work depend the quality of the service the organizations render. Voluntary
Organizations provide a frame for citizen participation. Without effective citizen
participation, the organization would only be an empty forum.”1

It is very difficult to provide all the services to the people through the
government, as it is very costly. The voluntary agency can exploit the unused energies
of the people for the development of the country. Energy of the people, if unused,
cannot be preserved. This unused energy “like the unused vast water resources
flowing down in Himalayas is not only wasted like those rivers, but also like the river
waters that take with them the top soil of the Himalayan region causing permanent
losses in social erosion, cause permanent damage to the human spirit and will in a
community through dependence and frustration born out of ever-increasing level of
abject poverty over the generations.

11. Administrative Reforms to simplify Procedures to Ensure People’s

Participation

1
Dharma Vir, Citizen Participation in Encyclopedia of Social Work, Vol. 1, p. 102
 162

Increased productivity in the developing countries depends to a great extent on

the executive branch, which should pursue efficiency with greater determination. The
executive branch can pursue its objectives, provided the prevailing administrative
system is conducive to socio-economic progress. The design of an administrative
system is a basic aid to the achievement of its primary objectives; if the design is
unsound, the achievement of objectives is likely to fall short of expectations. The
administration can provide the means whereby the most effective use can be made of
the knowledge and skills of the personnel engaged in different activities. The benefits
of modern science and technology can reach the people only if such services are
properly planned and effectively implemented. There are no two different opinions on
this issue. All agree that without consistent and persistent efforts to achieve perfection
of administration, progress in increasing efficiency/productivity is impossible. A
scientific approach and determination are important factors in raising administrative
efficiency. Simplification of the procedures should take place into matters like:

a. Regard for public comfort and convenience.

b. Speed in disposal of applications.

c. Minimum inter-departmental/office references.

d. Reduction in the number of agencies with which the citizen has to deal with.

e. Supply of detailed information to the citizen as to how is he to go about to

receive a certain benefit or approval from administration.

f. Reduction in the number of levels required to examine cases.1

12. Well Equipped Machinery to Handle Citizens Complaints

A democratic reorientation of the attitude of the officials towards the citizens

has become very much necessary for both the prevention of the citizen’s complaints
and their prompt redress. Administrators should pay great attention to the opinions of
the people. Reorientation of the attitude of the official towards the citizens is a very
difficult task. It will require assault on several fronts such as service training,
recruitment from a wider social base, special assignments in rural areas and the like.

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), p. 188
 163

The public servant of today should not only be equipped with traditional service
virtues like efficiency, integrity, and loyalty but should also shake-off all the feelings
of exclusiveness and superiority.

The success of the Good Governance depends to a great extent, upon the
harmonious relationships between the citizens and administration. Local Government
should not function as machinery but in a humane and purposeful way. The people in
Local Body should have a sense of dedication, responsibility, be responsive and alert
to the aspirations of the citizens. Citizens, on the other hand, should also provide
meaningful cooperation to Local Bodies. Under such an atmosphere, it would be very
easy to implement the developmental tasks, to bring about social change and
modernization in the country. The strengthening of democracy in its social and
economic aspect has to be attained through the participation on the part of people. A
similar shift is evident in international thinking.1

3.11 Human Rights and Good Governance

Human Rights and Good Governance are intimately related. Good governance
promotes human rights while human rights are a source of Good Governance. The
basic purpose of Good Governance is to promote the human dignity and status. The
Supreme Court in a judgment observed that whenever human dignity is wounded-
civilization takes a step backward. The flag of humanity on each occasion must fly
half-mast. Good Governance can be a great success provided Government ensures the
fulfillment of human rights which one gets with birth and are recognized by the state.
For example, recently implemented Domestic Violence Act, 2005 can usher an era of
peace, love and affection among all members of the family provided everyone in the
house respects the Human Rights provisions of Act sincerely, honesty and in letter
and spirit. Family life would be a heaven for its inmates.

All human beings are born free and equal in dignity and rights. The inherent
dignity of all members of the human family is the foundation of freedom and justice
and peace in the world as given in the Universal declaration of human rights in its
preamble. Human rights are the moral claims, which are inalienable and inherent in
all human individuals by virtue of their humanity alone. These are the rights of all

1
S.L. Goel, Good Governance An Integral Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 174-189
 164

human beings, because they are born in human family. The concept of human rights
and the human rights movement is getting more and more impetus in today’s social
and political background because it is now universally accepted need that human
they must be protected.1 Without
rights are essential in human lives and hence they
ensuring the guarantee of human rights, Good Governance would remain only on
paper.

The overall evidence suggests that while there are some gains to the poorer
sections of the society, the governance in general moved in a direction
direction that is helpful
to the powerful classes. They used all the organs of the State to their advantage,
whenever it was permissible and against the poor whenever it was necessary. In the
process, the guarantees given to the poor both in the Part III and Part
Part IV of the Indian
Constitution started getting dichotomized. This dichotomization brought in the whole
range of debate of prioritization and varied interpretations of the letter and spirit of the
constitutional scheme of things. This gave rise to the arguments,
arguments, such as directive
principals vs. political rights and development vs. distribution. It has been in a way, a
playground and every one played the game the way that suited his self-interest
self and not
conformed to some principle or norm. The governing class,
class, by large, moved towards
the powerful or drawn from the powerful themselves confirming the thesis that power
begets power. The powerless are reduced into mere member of the society, if not a
burden to development.2 Vested interests never allow the Good
Goo Governance to
function as they feel that this will reduce their authority.

Before we describe and analyze human rights contained in sacred ancient

Sanskrit Literature which has its authenticity even today. Human rights are values
recognized by national
nal governments
g and are justiceable.3

1
Snehal Fadnoval, Impact of Women Rights Movement on the Development of Human Rights
Movements in South Asian Countries,
Countries Vol. III, No. 1, Institute of Journal of Human Right, Nagpur
2
G. Hargopal, “Good Governance Human Rights Perspective”,
Perspective”, in T. N. Chaturvedi,
Chatur Towards Good
Governance, New Delhi, 1999, p. 51
3
S.L. Goel, Good Governance An Integral Approach,
Approach, Deep & Deep Publications Pvt. Ltd., New Delhi,
(2007), pp. 341-343