Banaras Hindu University

Subject: - Law & Good Governance

Topic: - Concept & Applicability of Good Governance in India

Submitted To:

Prof. A.K. Maurya

SUBMITTED BY: Himanshu Chaudhary & Rajat Kumar Rai

ENROLLMENT NO: 372209 & 372284

EXAM ROLL NO: 14137LA046 & 14137LA050

FACULTY OF LAW, BHU, VARANASI

Date:- 01/05/2018
1|Concept & Applicability of Good Governance in India

Acknowledgement
It was a great pleasure for me to prepare a project in one of the most important topic of
the Law & Good Governance while dealing with the topic “Concept & Applicability of Good
Governance in India”

I came across many points related to it and tried my best to express it in this project. This
project is mainly focus on Meaning, Concept and Applicability of Good Governance in India.
I have made special endeavors to present the subject matter in the simple, systematic and
lucid manner.

I am grateful to all those who helped me in writing the project, without their help, it was
not possible to complete this project. I am grateful to Prof. A.K. Maurya for giving me, to
prepare and present this topic.

Thank you

Himanshu Chaudhary
2|Concept & Applicability of Good Governance in India

Contents
1. Introduction ……………………………………………………………………………………………….. 03 – 04
2. Meaning and Concept of Good Governance ………………………………………………… 05 – 07
3. Features of Good Governance …………………………………………………………………….. 08
4. Needs of Good Governance …………………………………………………………………………. 09 – 10
5. Significance of Good Governance ………………………………………………………………… 11
6. Good Governance in India …………………………………………………………………………… 12 – 13
7. Nature of Good Governance ……………………………………………………………………….. 14
8. Hindrance of Good Governance ………………………………………………………………….. 15 – 17
9. Attributes of Poor Governance ……………………………………………………………………. 18
10. Step taken for the Good Governance ………………………………………………………….. 19 – 25
11. Conclusion …………………………………………………………………………………………………… 26
12. Bibliography ………………………………………………………………………………………………… 27
3|Concept & Applicability of Good Governance in India

1. Introduction

In the words of Kofi Annan: “Good governance is perhaps the single most important factor
for eradicating poverty and promoting development.” Governance is the exercise of
economic, political and administrative authority to manage a count affairs at all levels. It
consists of the mechanisms, processes and institutions through which citizens groups
articulate their interests, exercise their legal rights, meet their obligations and mediate the
differences.

Without good governance, no amount of developmental schemes can bring in

improvement in the quality of life of the citizens. On the contrary, if the power of the state
is abused, or exercised weak or improper ways, those with the least power in the society -
the poor- are most likely to suffer that sense, poor governance generates and reinforces
poverty and subverts efforts to reduce Strengthening governance is an essential
precondition to improving the lives of the poor.

Good governance is recognized as essential for the success of any organization and it is
considered as more important than ever. Board members of any organization play a very
important role in serving their causes and communities they lead. To protect the reputation
and values of their organizations they provide the long term vision. For this purpose, board
needs to have procedure and policies as well as they need a proper team with good
relationship within the organization. Good governance is a widely used term, so it is
necessary to under-stand what good governance is? If it includes the exercise of authority
in managing the sources of a country, then good governance is about making sure that this
exercise of power helps to improve the quality of life enjoyed by the citizens of the country.

If the State practices good governance, then it is likely to be one of the most developed
countries in the world. It is proved by statistical analysis that good governance improves
economic performance. The live example for this is Singapore, which by transforming into
one of the least corrupt countries in the world, is fast becoming one of the world’s
prospering countries.

Lack of good governance has been identified as the root cause of many of the serious
deficiencies in society. It is robs the citizenry of their security and their social and economic
rights," said the President, Sri Pranab Mukherjee on 6 April 2013 during an award
ceremony. The President further pointed out that an alert police force and investigative
agency can ensure that no crime goes unpunished. But in reality where does the
4|Concept & Applicability of Good Governance in India

governance of a country stands? Fair governance connects with society more than good
governance, which is more of a technical exercise, says Norwegian minister at TERI summit.

According to Gadgil, governments need to change their mind-set to bridge the gap between
governance and practice, adding that most governing parties or combinations have short-
term focus, merely concerned about winning the next election. But underlining the need for
the civil society to play a more active role, Gadgil said, "I would recommend civil society to
keep track of government programs.”

No theory of governance could be intelligible unless it is seen in the context of its time.
India’s democratic experience of the past six decades has clearly established that good
governance must aim at expansion of social opportunities and removal of poverty. Good
governance means securing justice, empowerment, employment and efficient delivery of
services. There are, however, two areas that need special attention by innovators, namely,
economic empowerment of women and livelihood programmes based on local resources
and upgraded skills. The need is to formulate a national strategy that accords primacy to
the Gandhian principle of ‘antodaya’ without sacrificing growth and by making instruments
of State accountable for good governance.

While an argument was advanced for pushing back the boundary of the state. The
important of ensuring that the state carried out its responsibilities towards its citizen was
also noted. It is against the backdrop of the turbulent negotiations of respective domains of
the state, market and civil society that the concept of governance gained momentum. For
most part twentieth century, the word ‘governance’ had escaped the discipline of the
Political Science and Public Administration and was confined to decision-making in the
institution like universities and corporations. It was only in the late twentieth century that
the concept became a part of public discourse and the question such as what actors are
involved in governance, what is the meaning of ‘good governance’ and what criteria is used
to evaluate good governance came to purview.
5|Concept & Applicability of Good Governance in India

2. Meaning and Concept of Good Governance

In order to understand the concept of good governance we shall first have to know the
meaning of governance.

What is governance?

It has been defined as the use of power and authority by those in government to provide
goods and services to the people to uphold the common good and fulfill the aspirations and
needs of the common man. Governance, therefore, is concerned with power, strategies,
policies, plans and projects that aim at improving the substance or quality of life.

In other word, Good governance is an indeterminate term used in the international

development literature to describe how public institutions conduct public affairs and
manage public resources. Governance is "the process of decision-making and the process
by which decisions are implemented (or not implemented)".1 The term governance can
apply to corporate, international, national, local governance or to the interactions between
other sectors of society.

The people expect their government to proceed with its tasks in a way that maximum
results follow with minimum cost or investment. Governance becomes good when the
decisions and actions of the government are based on peoples’ consent, legitimacy and
accountability. Thus good governance is concerned with high quality in governance. All
sections of the society today judge their government by their governance. Earlier, coercive
state was considered to be most effective instrument of good governance. In ancient and
medieval India a king, though authoritarian, was supposed to be conscientious and
responsive to the needs of the subjects.

According to Rhodes, ‘Governance’ is now everywhere and appears to mean anything and
everything because ‘governance’ is a power word, a dominant descriptor; there has been a
rush to affix it to all other fashions of the day. For instance, according to Chakrabarty and
Bhattacharya2, governance is:

 The structure of political institutions.

 A shift from bureaucratic state to the hollow state or to third-party government.
 A market based approach to government.
 The development of social capital, civil society and high level of citizen participation.

1
"What is Good Governance". UNESCAP, 2009.
2
2008: (135-136)
6|Concept & Applicability of Good Governance in India

 The work of empowered, muscular and risk taking entrepreneurs.

 Tony Blair’s third way, in UK
 A political packaging of latest ideas in NPM.
 An attempt to renew civil society.
 Globalization and rationalization.

Governance is about the rule of collective decision-making in settings where there are
plurality of actors or organizations where no formal control system can dictate the terms of
relationship between the actors and organisations.3

The concept of ‘Governance’ is not new. It is as old as government itself. Both the terms are
derived respectively, from the old French words governance and government. Initially their
meanings were very close, referring to acts or manner of government. By the mid-16th
century, however, government denoted a “system by which something is governed” and by
the early 18th century it further evolved to acquire the meaning of a “governing authority.”
In this process the term governance gradually became marginalized, and by the 19th
century it was deemed to reflect an incipient archaism. For the next 100 years, it would
hardly be used as a political term. Dictionaries would define government in terms of a
governing authority, including the political order and its institutional framework, while
governance was treated as the agency and process of governing, and was often viewed as
archaic.4 However, during 1980s under economic reforms, especially under globalization
the use of term governance became popular with its emphasis on the process and manner
of governing to the notion of sustainable development. Meanwhile, organizations such as
the IMF, NGOs, the UN and its agencies, the World Bank and international media were
quick to pick up the term and use it in a variety of ways. Together with its derived term,
good governance, the catch-all term governance has since become a buzzword in the
vocabulary of polity and administrative reform in developing countries dependent on
support from international development agencies.5

The concept of "good governance" often emerges as a model to compare ineffective

economies or political bodies with viable economies and political bodies. The concept
centers on the responsibility of governments and governing bodies to meet the needs of
the masses as opposed to select groups in society. Because countries often described as
"most successful" are Western liberal democratic states, concentrated in Europe and the
Americas, good governance standards often measure other state institutions against these

3
Chhotray and stoker2009:3
4
Mikhail Ilyin, “Governance: What is Behind the Word?”, IPSA, Participation, Vol. 37, No.1, May 2013, p. 4.
5
Ibid
7|Concept & Applicability of Good Governance in India

states. Aid organizations and the authorities of developed countries often will focus the
meaning of "good governance" to a set of requirements that conform to the organization's
agenda, making "good governance" imply many different things in many different
contexts.6

However, it did not explicitly refer to the connotation ‘good’. It was only in the foreword,
that former World Bank President Barber Conable (1986-1991) used the term ‘good
governance’, referring to it as a “public service that is efficient, a judicial system that is
reliable and an administration that is accountable to its public.”7

The concept of governance was further developed in the Bank’s 1992 publication
‘Governance and Development’. In this publication, governance was defined as “the
manner in which power is exercised in the management of a country’s economic and social
resources for development.”8 Later on in 1994, the Bank substantiated this definition,
“Governance is epitomized by predictable, open and enlightened policy making (that is,
transparent processes); a bureaucracy imbued with a professional ethos; an executive arm
of government accountable for its actions; and a strong civil society participating in public
affairs; and all behaving under the rule of law.”9 The Organization of Economic Cooperation
and Development (OECD) defines governance as “the use of political authority and exercise
of control in a society in relation to the management of its resources for social and
economic development.”10

So, Good Governance signifies a participative manner of governing

that functions in a responsible, accountable, and transparent manner based on the
principles of efficiency, legitimacy, and consensus for the purpose of promoting the rights
of individual citizens and the public interest, thus indicating the existence of political will for
ensuring the material welfare of society and sustainable development with social justice.11

6
Poluha, Eva; Rosendahl, Mona (2002). Contesting 'good' governance: cross cultural perspectives on representation,
accountability and public space. Routledge. ISBN 978-0-7007-1494-0.
7
Ibid., p. XII
8
World Bank 1992, p. 1
9
World Bank 1994, VII also see World Bank 1994: Governance: The World Bank’s Experience, World Bank.org/website/external
Countries/menaext/extmonaregtop governance.
10
OECD, 1995, p.14
11
Surendra, Munshi, Good Governance, Democratic Societies and Globalization, Sage Publications, New Delhi, 2000, p. 15
8|Concept & Applicability of Good Governance in India

3. Features of Good Governance

The features of Good Governance12 are :-

1. Participation - All men and women should have a voice in decision-making, either
directly or through legitimate intermediate institutions that represent their interests.
Such broad participation is built on freedom of association and speech, as well as
capacities to participate constructively.
2. Rule of law - Legal frameworks should be fair and enforced impartially, particularly
the laws on human rights.
3. Transparency - Transparency is built on the free flow of information. Processes,
institutions and information are directly accessible to those concerned with them,
and enough information is provided to understand and monitor them.
4. Responsiveness - Institutions and processes try to serve all stakeholders.
5. Consensus orientation - Good governance mediates differing interests to reach a
broad consensus on what is in the best interests of the group and,. where possible,
on policies and procedures.
6. Equity - All men and women have opportunities to improve or maintain their well-
being.
7. Effectiveness and efficiency - Processes and institutions produce results that meet
needs while making the best use of resources.
8. Accountability - Decision-makers in government, the private sector and civil society
organisations are accountable to the public, as well as to institutional stakeholders.
This accountability differs depending on the organisations and whether the decision
is internal or external to an organisation.
9. Strategic vision - Leaders and the public have a broad and long-term perspective on
good governance and human development, along with a sense of what is needed for
such development. There is also an understanding of the historical, cultural and
social complexities in which that perspective is grounded.

12
UNDP (1997) Governance for Sustainable Human Development. United Nations Development Programme
9|Concept & Applicability of Good Governance in India

4. Needs of Good Governance

The most important need of (Good Governance)13 of public is security, especially of life and
property. The responsibility of nation-state is to protect life and property of each and every
citizen, particularly in seriously threatened areas by the terrorism (Jammu and Kashmir),
north – eastern states and naxalites violence in approximately 150 districts of India.

In particular some citizens don’t know about their rights and even cannot afford legal aid as
this is lengthy and costly. To access justice, systematic solutions are required.

In democracy, citizen’s right of liberty, life and pursuit of happiness can be secured only
through rule of law. There is no one above the law, and this is something different from
rule ‘by’ law. Even government is not above the law.

Corruption has been widely perceived as a major hindrance in improving the quality of
governance. Human greed is the major cause of corruption; it is the major drawback of
system that the graph of corrupt is raising. For the removal of this practice, a conscious
program for strengthening of public awareness and empowering of the existing anti-
corruption agencies would be required, that would ensure that the resources, that belong
to people are used in a right way.

Poverty is another challenge in front of good governance, for the reduction of poverty it is
needed that an empowering approach, based on the thought that the poor have to be both
the object of development program and principal agency for development. It is experienced
that when- ever poor people got associated with public programs; they use the public funds
wisely and effectively. Since the constitution has recognized “educational and social
backwardness” special care has started for the poor students. It is the basic need of the
hour, how to enhance educational opportunities for poor students and how to provide long
term credit to these poor students? An effective administrative system is required to
manage all the new demands.

One of the marked weaknesses of the present regime has been its failure to effectively play
its role in the socializing process. It has failed to use the machinery of the state to create a
society of equals founded on the principles of social justice, secularism and eradication of
castism.

Our era is facing one more challenge these days that is employment for the youth. So, it is
required to prepare the youth with such education that would help them to acquire

13
International Journal of Scientific & Engineering Research, Volume 5, May-2014
10|Concept & Applicability of Good Governance in India

vocational skills and command over new technology. With the advent of globalization, a
new era of challenges have emerged for the administration. In democratic set up,
decentralization of powers is necessary to empower people in rural and urban areas to
make improvements. For this, good leadership is required for the improvement of
organizational culture. As access to information was preserved for higher level in traditional
organizations, this system needs to be broken and people should get whatever information
they want to perform their task.

Another major challenge is to put in place institutional arrangements for service delivery
that are workable in a particular district or a region and are made to function in a manner
that are intelligible to the local people and that also encourages them to participate. For
active involvement, the people would also need the support of well organized, well
prepared, knowledge-oriented personnel and well thought out policies.

The concept and practice of good governance in a country demands that there should be
constructive mechanisms and procedures that will enable the three principle actors –
government, market and society to play in concert and to supplement each other’s
capability.

Good governance is effective and equitable and promotes the rule of law fairly. It ensures
that the voices of the poorest and the most vulnerable are heard in decision-making over
the allocation of resources of development, and that political, social and economic
priorities are based on board consensus among the three stakeholders the state, private
sector and civil society. All the stakeholders are critical for sustaining human development
the state creates a conducive political and legal environment; the private sector generates
jobs and income; and civil society facilitates political and social interaction.

An effort is made to interpret the terminologies like participation, rule of law, transparency
and openness, responsiveness and responsibility, consensus, equity and inclusiveness,
efficiency and effective-ness and accountability- commonly used world over to refer good
governance within the ethical framework of the written constitution of India.
11|Concept & Applicability of Good Governance in India

5. Significance of Good Governance

Kautilya in his treatise Arthashastra propounded the qualities of good governance by the
ruling king as follows: In the happiness of his subject lies his happiness, in their welfare his
welfare, whatever please himself he shall not consider good.

India follows republic, democratic and secular form of governance, and the values that are
enshrined in our constitution. The term “governance” means a political unit for the
functioning of policy-making for both the political and administrative units of Government.
Good governance is based on the conviction that man has the ethical and rational ability, as
well as the absolute right, to govern himself with motive and just. The concept of good
governance is associated with capable and real administration in democratic set up.

In practical terms, there are three particular features of good governance that makes it
significance in the working of the government.

 First, the empowerment and capacity of government to frame and implement

policies and discharge functions.
 Second, the form of political will.
 Third, the process by which authority is exercised in the management of country’s
economic and social resources for development.

It also reflects the attitudes of the people towards the functioning of the so many agencies
of the government. “Good” governance promotes gender equality, sustains the
environment, enables citizens to exercise personal freedoms, and provides tools to reduce
poverty, deprivation, fear, and violence. The UN views good governance as participatory,
transparent and accountable. It encompasses state institutions and their operations and
includes private sector and civil society organizations.

Good governance is significant in public institutions to conduct and manage public affairs
and resources to guarantee human rights in free of abuse and corruption, and with due
regard for the rule of law.

It is significant because it promises to deliver on the promise of human rights: civil, cultural,
economic, political and social rights. Good governance is thus, a function of installation of
positive virtues of administration and elimination of vices of dysfunctionalities.

It makes the government work effective, credible and legitimate in administrative system
and citizen-friendly, value caring and people-sharing.
12|Concept & Applicability of Good Governance in India

6. Good Governance in India

The idea of Good Governance is as old as Indian civilization. The rulers were bound by
dharma, popularly called ‘Raj Dharma’, which precisely meant for ensuring good
governance to the people. Even though monarchy prevailed, there was no place for any
theory of the divine rights of the kings or of arbitrary rule. Raj Dharma was the code of
conduct or the rule of law that was superior to the will of the ruler and governed all his
actions.14 This description of Good Governance found in ancient Indian scriptures, can be
the Jataka tales, Shanti Parva-Anushasanparva of Mahabharat, Shukracharyas’s Nitisar,
Panini’s Ashtadhyayi, Aitreya Brahmana, Valmiki’s Ramayana and especially in Kautilya’s
Arthashastra. Arthashastra while highlighting the principle of good governance declares, “In
the happiness of his people lies king’s happiness, in their welfare his welfare, whatever
pleases himself he shall not consider as good, but whatever pleases his people he shall
consider as good.”15

Santi Parva of Mahabharat has devoted considerable space to Raj Dharma16 which aims to
establish Good Governance in the society. It stressed that, it is the duty of the king to seek
and promote the welfare of its subject. The king must be compassionate to the people of all
section of society and concentrate on the welfare of the people.17

Bhishma Pitamaha, who had mastered the art of governance and had dedicated himself to
the throne of his kingdom, Hastinapur, says: “the foundation for good governance is
righteousness in public affairs. The king, his son—including relatives—his ministers, and the
State employees who have taken the oath of their offices to uphold Dharma and to take
care of the public needs, must not act unjustly or unethically because if they do so, they will
not only destroy the moral basis of governance but will also turn the State into a hell.”18

14
Subhash C Kashyap, Concept of Good Governance and Kautilya’s Arthashastra, in Good Governance: Stimuli and Strategies,
(ed) Rajiv Sharma, Ramesh K. Arora, Aalekh Publishers, Jaipur, 2010, p. 31
15
Arthashastra, Book I, Chapter XIX, p. 39
16
Sanjeev Kumar Sharma, Good Governance in Ancient India: Remembering Kingship in Shantiparavam of Mahabharat, Meerut
Journal of Political Science and Public Administration, Meeurt, Vol. VI, No-1, January-June 2003, p. 109.
17
The Mahabharata, Book12, Santi Parva, Section-V (There is one huge Rajdharama section discussing various aspects of
governance besides Sabhaparvam and Vanaparvam. The Rajadharma section constitutes part of Shantiparvam. After the great
Mahabharat war, the winning group of Pandavas headed by the eldest of them, Yudhishthira, approaches their grandfather
Bhishma for guidance in running the administration of the state. Bhishma was lying on the shar shayya (the bed of thrones) in
the war field and waiting for his death which he was said to be embracing only in Uttarayana. Yudhishthira requests Bhishma to
direct him the ways of good governance. The whole episode is embodied in the Shantiparvam of Mahabharat.)
18
The Mahabharata, Book 12, Santi Parva, Section-V also see O.P. Dwivedi and D.S Mishra, Good Governance: A Model for India,
in Handbook of Globalization, Governance, and Public Administration, Ali Farazmand and Jack Pinkowski, (ed), Taylor and
Francis, New York, 2007, p. 711
13|Concept & Applicability of Good Governance in India

The Rig Veda states “Atmano mokshartham jagat hitayacha” i.e., the dual purposes of our
life are emancipation of the soul and welfare of the world. Thus, the public good should be
the welfare of the society; or in other words, the private good or self-promotion should be
subservient to the greatest good of all.19 Brihadaranya Upanishad while recognizing the
importance of good governance stressed that, it is the responsibility of the king to protect
Dharma, the public good, so that all citizens get equal opportunity and that the weak are
not exploited and harassed by the strong.20

So in Indian scriptures Good Governance is called Raj Dharma, i.e., righteous duty of the
king.21 It means those who are involved in governance must adhere to righteousness and do
justice to the public. It has inseparable link to social welfare and inclusive development.
Absence of good governance has been identified as the root cause of many of the
deficiencies in society. It robs the citizenry of their social and economic rights. Good
governance signifies basic parameters such as rule of law, participatory decision-making
structure, transparency, accountability, responsiveness, equity and inclusiveness. The
country’s administration has to run on these principles. This necessitates a reorientation in
the outlook of the civil services.22

Governance is define as “the management of all such processes that, in any society, define
the environment which permits and enables individuals to raise their capability levels, on
one hand, and provide opportunities to realize their potential and enlarge the set of
available choices, on the other. These processes, covering the political, social and economic
aspects of life impact every level of human enterprise, be it the individual, the household,
the village, the region or the national level. It covers the State, civil society and the market,
each of which is critical for sustaining human development. The State is responsible for
creating a conducive political, legal and economic environment for building individual
capabilities and encouraging private initiative.

The market is expected to create opportunities for people. Civil society facilitates the
mobilization of public opinion and peoples’ participation in economic, social and political
activities.”23

19
O.P. Dwivedi and D.S Mishra, Good Governance: A Model for India, in Handbook of Globalization, Governance, and Public
Administration, Ali Farazmand and Jack Pinkowski, (ed), Taylor and Francis, New York, 2007, p. 710
20
Ibid., p. 711
21
Ibid. p. 712.
22
Pranab Mukherjee, Speech by the President of India on the Occasion of Fourth UPSC Foundation Day, “Governance and Public
Service” New Delhi: November 29, 2013.
23
Planning Commission, Government of India, Tenth Five Year Plan (2002-2007) Vol-I, p. 177
14|Concept & Applicability of Good Governance in India

7. Nature of Good Governance

The Eleventh Five Year Plan (2007-2012) highlighted the following features of Good
Governance in India:

 As a democratic country, a central feature of good governance is the constitutionally

protected right to elect government at various levels in a fair manner, with effective
participation by all sections of the population. This is a basic requirement for the
legitimacy of the government and its responsibility to the electorate.
 The government at all levels must be accountable and transparent. Closely related to
accountability is the need to eliminate corruption, which is widely seen as a major
deficiency in governance. Transparency is also critical, both to ensure accountability,
and also to enable genuine participation.
 The government must be effective and efficient in delivering social and economic
public services, which are its primary responsibilities. This requires constant
monitoring and attention to the design of our programmes. Where the responsibility
for delivery of key services such as primary education and health is at the local level,
this requires a special attention for ensuring the effectiveness and efficiency of local
governments.
 Governments at lower levels can only function efficiently if they are empowered to
do so. This is particularly relevant for the Panchayati Raj Institutions (PRIs),which
currently suffer from inadequate devolution of funds as well as functionaries to carry
out the functions constitutionally assigned to them.
 An overarching requirement of good governance is that the rule of law must be
firmly established. This is relevant not only for relations between the government
and individuals, enabling individuals to demand their rights, but also for relations
between individuals or businesses. A modern economic society depends upon
increasingly complex interactions among private entities and these interactions can
be efficiently performed only if legal rights are clear and legal remedies for enforcing
these rights are swift.
 Finally, the entire system must function in a manner which is seen to be fair and
inclusive. This is a perceptional issue but it is real nonetheless. Disadvantaged
groups, especially the SCs, STs, minorities and others, must feel they have an equal
stake and should perceive an adequate flow of benefits to ensure the legitimacy of
the State.
15|Concept & Applicability of Good Governance in India

8. Hindrance of Good Governance

Countries at the international and national levels have shown much seriousness about good
governance. But how is it that they have not been finding it so easy to provide to all their
citizens a just, equal and free social order. What are the factors that are blocking the road
to good governance? There are a number of factors responsible for the failure to achieve
the desired ends, but the following are the major threats to good governance:

A. Corruption
B. Population Growth
C. Culture of Violence

Corruption:
Corruption is an illegal use of authority for personal gains. Corruption is a universal disease
causing harm to the people and government almost everywhere in the world. However, in
the countries like India it has assumed the shape of a cancer. Since the days of Kautilya the
issue of ethics and integrity in government has been a major concern. At times the political
leaders have expressed their helplessness to contain corruption by arguing that corruption
is a worldwide phenomenon. But the question of probity and corruption is getting a little
more attention than earlier. The exposure of the scams and the demand for action against
the corruption is now increasing. But no step to fight corruption will be effective unless all
forms of corruption – political, economic, moral and administrative are fought with a sense
of commitment and will.

In order to meet the threat of corruption to good governance, the following steps are
necessary:

1. Breaking the nexus between politicians, bureaucrats and criminals.

2. Ensuring a cost-effective administration of justice.

3. Setting up of Public interest litigation courts at the national, state and local levels.

4. Making right to information more effective.

5. Strengthening law enforcement agencies in terms of autonomy, skills, attitudinal change

and awareness of the social problems.

6. Forfeiture of the properties of the corrupt immediately after the charges are framed.
16|Concept & Applicability of Good Governance in India

Such a property can be released only after the person is proved innocent.

7. Improving bureaucratic functioning by way of simplification of rules, regulations and

procedures of work.

8. Mobilizing the society to support the system of rule of law.

9. Putting an end to the system of patronage and nepotism from government organizations.

Population Growth:
Good governance is concerned not merely with effective laws, procedures and practices,
but also concerned with mobilization and utilization of country’s social and economic
resources in a manner that benefits all the members of the society. However, one finds that
development efforts have failed to eliminate poverty, unemployment and illiteracy and to
secure to all ‘citizens equitable access to even primary education and health, food, water
and a house.

From a population of about 35 crores at the time of India’s Independence to more than 100
crores now is a cause for concern. Though some states in India such as Kerala, TamilNadu,
Goa and Manipur have already achieved population stabilisation, there are still some states
like Uttar Pradesh, Madhya Pradesh, Rajasthan and Bihar which will take a long time to
stabilize their population.

The phenomenal growth in numbers requires resources to sustain them. There is an

increasing demand on land, air and water resources. Providing adequate educational and
health facilities, food, shelter and employment to the growing numbers is a difficult task
before any government in India. Look at our large cities where concentration of a very large
population poses many problems of health and sanitation, water supply, roads, and
electricity. In fact, in many respects cities like Mumbai, Calcutta and Delhi are increasingly
becoming ungovernable. The rapidly increasing population is, in fact, a means to a
breakdown of good governance. Population can be stablized through spread of education,
awareness, health education, people’s involvement and development etc.
17|Concept & Applicability of Good Governance in India

Culture of Violence:
Resort to illegal force is considered to be a law and order problem. But when one looks at it
from the point of view of the principles of good governance, it becomes clear that peace
and order is the first step to development. Strikes, riots, terror attacks operant of this
harmful culture of violence. The government can focus on economic, social and political
development if it is free from the concerns of threat to public safety and security in terms
of life and property. Moreover, terrorism is also the greatest threat to the rule of law
because terror replaces the law or seeks to subvert the law. Terrorism is a hindrance to
progress.

No industrialist would be willing to invest in an area, which is affected by violence and

terrorist activities. This produces an adverse impact on employment, health, education and
the provision of other services to the people in the long run. The social life also comes to a
halt and people become almost in house prisoners or suffer from mental agonies of
different types if they live under the shadow of violence and terrorism. The issue of human
rights also comes to the fore. Terrorists seldom respect the human rights of the common
man. But when the government uses brutal force to contain terrorism, at times human
rights of common citizens are violated by the state police. It requires a clear vision, courage
and understanding to deal with this menace through dialogue with the violators of law,
redressal of their genuine grievances, involvement of the neighbours and wider
international governments in the fight against terrorism.
18|Concept & Applicability of Good Governance in India

9. Attributes of Poor Governance

While good governance can help to secure human well-being and sustained development,
the poor governance could adversely affect the development process. The Tenth Five Year
Plan identified some manifestations attributable to poor governance:

 Poor management of economies, persisting fiscal imbalances, disparities in the pace

and level of development across regions and across districts;
 Denial of basic needs of food, water and shelter to a substantial proportion of the
population;
 Threat to life and personal security in the face of inadequate State control on law
and order;
 Marginalisation, exclusion or even persecution of people on account of social,
religious, caste or even gender affiliations;
 Lack of sensitivity, transparency and accountability in many facets of the working of
State machinery, particularly those that have an interface with the public;
 Lack of credibility – the gap between the intent and the actions – of some
institutions in society;
 Inadequate system of incentives/disincentives for people (particularly for a civil
servant), subversion of rules, evasion of taxes and failure in getting timely justice;
 Existence of a significant number of voiceless poor with little opportunities for
participating even in institutions of local self-governance, despite a visible
movement towards decentralisation through the Panchayati Raj institutions; and
 Deterioration of physical environment, particularly in urban areas.
19|Concept & Applicability of Good Governance in India

10. Step taken for the Good Governance

A number of steps have been taken for improving the quality of governance in India:

 Good Governance can be ensured and strengthened by democratic decentralization

and active participation of people in the process of governance. The introduction of
democracy in free India made it imperative for the country to provide for a system of
democracy at grass-root level. It was sought to be achieved by the introduction of
local self-governments in rural and urban areas of the country. The local
governments have been in operation since the early years of independence yet
during 1990s an attempt was made by the 73rd and 74th Constitutional amendments
to give a wider representative base and more powers to these institutions. These
amendments provided constitutional status to grass root institutions in rural and
urban areas have been landmark achievements that ensure the involvement of
people in the process of governance.
By the 73rd Amendment Act, 1992, a serious attempt was made to ensure regular,
active and efficient working of the local bodies in the rural areas i.e. Panchayati Raj
institutions. It contains Part-IX of the Constitution entitled as “The Panchayats” under
Article 243 to 243-O. The Act also added the Eleventh Schedule to the Constitution of
India. The new act recognized the three tier structure of the Panchayati Raj i.e. the
Gram Sabha and Gram Panchayat at the village level, a Panchayat or Panchayat
Samiti at the intermediate level and the Zila Parishad at the district level. The other
important provisions of the act are; reservation of seats for SCs and STs in proportion
of their population, reservation of the posts of chairpersons for the SCs and STs in a
state, reservation of not less than 1/3rd of the elected seats in each panchayat for
women, reservation of 1/3rd posts of chairpersons for rural women and rotation of
reservations of chairpersons of village Panchayats at intermediate level, and at
district level, representation of MPs, MLAs, MLCs, election of chairperson of
panchayats and continuity in operation of Panchayati Raj institutions.
On April 23, 1994 all the states of India completed the process of enacting fresh
legislation for strengthening the Panchayati Raj institutions as envisaged in the 73rd
amendment. The enforcement of the act marked the beginning of process of
devolution of power and decentralization of administrative experience. This
constituted an important step in the drive towards the strengthening of the
democratic process at the grassroots. Since the dawn of independence, the Urban
Local Government has been working at the grassroots level. By the 74th
Constitutional Amendment Act 1992, an attempt was made to revamp the Urban
20|Concept & Applicability of Good Governance in India

Local Government with a view to ensure for its stability, more representativeness
and more powerful role. It contains Part-IX A of the Constitution of India entitled
“The Municipalities” from Article 243-P to 2430ZG. By this act three tier urban local
bodies have been set up i.e. Nagar Panchayats for fast urbanizing rural areas,
Municipal Councils for smaller urban areas and Municipal Corporations for larger
urban areas. The act has fixed the term of five years for urban bodies. It also makes
the provision of appointment of an election commission in each state for conducting
elections to the institutions of local government. The provision for reservation of
seats for SCs, STs, OBCs and women has also been made.
All states of union, enacted or amended their respective municipal acts as per the
spirit of 74th Amendment Act and the urban local government institutions in all
states were organized in their new forms with effect from 1994.

 In this age of Information and Technology, information is the most potent tool of
empowerment of an individual as well as that of a nation as it can prove to be an
effective instrument in ensuring good governance. Without information, people
cannot adequately express their right as citizens or make informed choices.24 Seeking
information of all sorts and at every cost is, therefore, being viewed as an essential
right by the people throughout the world. Nearly 90 countries have already adopted
some law granting its people the right to seek information related to various
government and public offices and their working. In India also the Right to
Information Act was passed by the Parliament on June 15th 2005, which came into
full force in the midnight of 12th and 13th October 2005. The original Constitution
does not provide explicitly a right to information. However, the Supreme Court has
held in several cases that Right to Information is implicit in the constitutionally
enshrined rights to freedom of speech and expression Article 19 (1) (a) and Right to
Life and Liberty Article 21. The main thrust of the act is to change the culture of
secrecy and aloofness that has long plagued India’s monolithic and opaque
bureaucracy. The Act promises to reverse this culture of secrecy and unaccountability
by recognizing that the government only holds information on behalf of its owners —
the citizens. It requires public authorities to disclose all information about their
activities proactively and maintain all information they keep in a manner that
facilitates the people’s right to information. Indeed, by breaking down this culture of
secrecy, the law will also open channels of communication between the citizen and
the government.25 Under the act any citizen can seek information from government

24
N.K. Jain, Right to Information: Concept, Law and Practice, Deep and Deep Publications, New Delhi, 2007, p.10
25
Indra Jeet Mistry, RTI Will Improve Governance, The Tribune, October 1, 2006, p. 10
21|Concept & Applicability of Good Governance in India

or public authorities as notified in the act. The Act is in application throughout the
country with the exception of Jammu and Kashmir. Under the act information is
provided within a stipulated frame work of time. A nominal fee varying from state to
state is charged for seeking information which can also include getting Xerox copies
of documents, printouts and inspection of files. Every public authority has designated
as many officers as the Central Public Information Officers or State Public Information
Officers, as the case may be, in all administrative units or offices under it as may be
necessary to provide information to persons requesting for the information under
this act. For seeking information from any office/department one needs to apply on a
plain paper along with the appropriate fee to the PIO (Public Information Officer) of
that department. Information is to be provided within 30 days failing which applicant
can appeal to the Appellate Authority of the department which is again given 30 days
to provide the information sought. If the Appellate Authority also denies information
to the applicant, the latter can represent first to the State and then to the Central
Information Commission. The Act provides for a penalty of Rs. 250 per day on the PIO
for making delayed or providing wrong information. Like other rights, the right to
information is not absolute. It is subject to certain limitations, which can be put on it
keeping in view the national and public interests. The matters dealing with central
intelligence and security agencies, directorate of Revenue Intelligence, International
Relations etc have been kept out of the ambit of the RTI Act 2005. Information,
disclosure of which would prejudicially affect the sovereignty and integrity of India,
or cause a breach of privilege of Parliament or the State Legislature cannot be
disclosed.
In this way the RTI Act 2005 seeks to deepen Indian democracy by empowering the
citizens to obtain the needed information from the public authorities at the national,
state and local levels and aims at good governance by ensuring the much-needed
transparency and accountability in them.26 It has the great potential to ensure good
governance in the country. It can, in fact become the panacea for all the ills plaguing
the bureaucratic, political spheres and can usher in a genuine era of transparency
and accountability.

 The National Rural Employment Guarantee Act (NREGA), 2005, which has now been
renamed as the Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA) is a step towards implementing the provision of Right to Work.27 It is the
largest social welfare scheme of its kind in the world. It has been recognized as an

26
Ranbir Singh, Enforcing the Right to Education Act in Rural Areas, The Tribune, December 19, 2010, p. 10
27
Ibid
22|Concept & Applicability of Good Governance in India

inalienable human right by guaranteeing 100 days unskilled work to every rural
household whose adult members volunteer to do unskilled manual work. It reflects
the requirements of citizens and is an excellent example of the importance of critical
linkage between governance and development. It validates the view that
development and good governance are mutually complimentary. Good governance
facilitates development, and in turn development ensures the furtherance of good
governance. Every fifth rural household in India benefits from the scheme. Wages
given under MGNREGA per day have almost doubled from Rs. 65 to 128 since the
launch of the scheme. In 2012-2013, the scheme provided employment to more than
4.8 crore households.28

 Illiteracy is the major hurdle in the way of Good Governance. Literate citizens are the
real asset of a state as they can contribute immensely in the progress of governance.
In this respect the Right to Education (RTE) Act, 2009, may be legitimately hailed as
one of major landmark legislations that have been enacted by Parliament in the 21st
century,29 with a view to achieve the objectives of Good Governance. The 86th
Constitutional Amendment Act 2002 popularly known as RTE seeks to make free and
compulsory education a fundamental Right for all children in the age-group 6-14
years by inserting a new Article 21A in Part III of the Constitution. The new Article
21A reads as “The state shall provide free and compulsory education to all children of
the age of six to fourteen years in such a manner as the State may, by law,
determine.” The RTE Act aims at fulfilling the promise of universal education
guaranteed by the founding fathers of the Constitution in the Directive Principles of
State Policy and duly recognized by the Supreme Court of India as an inseparable part
of the Right to Life30 in a path-breaking judgment in the Unnikrishnan vs. State of
Andhra Pradesh (1993).
It has made it a mandatory obligation for the state to ensure that all children of the
6-14 years age group enroll themselves in schools and attend the classes. The state
has also been mandated to make additions to the infrastructure of the existing
schools, to open new schools, if needed, to ensure the minimum educational
qualifications of the present teachers, to increase their number to ensure the
teacher-student ratio of 1-30, to provide quality education and to ensure the
reservation of 25 per cent seats in the unaided private schools for the
underprivileged students. Besides, the RTE has been made justifiable. More
28
http://www.upagovt.com/2014/02/10-years-of-progress-upa-milestones.html
29
Ranbir Singh, n.26
30
Ibid
23|Concept & Applicability of Good Governance in India

important, all the expenses are to be met by the Government of India. Further, the
Act makes it the fundamental duty of parents and guardians to provide opportunities
for education to their children/wards in the 6 to 14 years age group.
The government is trying to target such children through a Sarva Shiksha Abhiyan
and a series of measures and facilities –such as free mid-day meals, uniforms, and
textbooks. Also, as per Act, “the state shall endeavor to provide early childhood care
and education for all children until they complete the age of six years.” Since, the RTE
Act, 2, 14,561 primary and I,76,361 upper primary schools have been sanctioned
under Sarva Shiksha Abhiyan (SSA) till 2013, of which 96% are operational.
Government sanctioned Rs. 23,836 crore for SSA during 2012-2013.31 So, it is a great
leap forward towards inclusive education which would certainly help to achieve the
objectives of good governance.

 National Health Mission is another initiative undertaken with a view to ensure good
governance by providing health care to the people. Under it a sub mission The
National Rural Health Mission (NRHM) 2005, was launched to provide effective rural
health care with special focus on 18 poor performing states on different health
indicators. It aims at increasing public spending on health, and promoting equity
efficiency, quality and accountability in the public health system.32 Similarly National
Urban Health Mission (NUHM) was launched in 2013 as being the other sub-mission
under the overarching National Health Mission to meet the healthcare challenges of
the urban poor. 33 It implemented in 779 cities and towns with over 50,000
populations. It aims to cover 7.75 crore people. Meant for the urban poor, it
primarily targeted the urban slum population of 68 million (6 crore) as revealed by
the 2011 Census. The mission comes at a time when poverty in India is becoming
urbanised. By 2030, urbanisation rate will touch 50 per cent. Urban poverty at
present is around 25 per cent and although nationally rural poverty is higher, the gap
is closing.34 So the National Health Mission could be a landmark initiative to provide
healthcare services to the people in rural and urban areas for ensuring the objectives
of good governance.

 The National Food Security Bill 2013, also known as Right to Food Act, for wiping out
hunger and malnutrition from the country, is another step to establish good

31
http://www.upagovt.com/2014/02/10-years-of-progress-upa-milestones.html
32
Rajesh Kumar, Rejuvenating health mission, The Tribune, May 21, 2005, p. 10
33
Raj Chengappa, Mission Urban Health: Poverty is the Key Problem, May 9, 2013, p. 10
34
Aditi Tandon, Urban Health Mission Gets Cabinet Nod, The Tribune, May 6, 2013, p. 1.
24|Concept & Applicability of Good Governance in India

governance in India. It provides a large majority of its people, the deprived and the
disadvantaged, a legal right to demand food from the state.35 It provides for food
subsidy to two-thirds of the population and enables them to satisfy their basic needs
of food. The landmark legislation aimed at providing cheap food grain to nearly 82
crore people in the country. A single category of beneficiaries entitled to 5kg food
grain per person per month. It protects entitlement of Antyodaya households at 35
kg per household per month. It provides food security allowance in case of non-
supply of food grain. It also ensures Rs. 6,000 maternity allowance for women
besides nutritional food.36

 The Department of Administrative Reforms & Public Grievances, as part of its

mandate to document and disseminate good-governance initiatives, has launched a
Web Portal, namely, Governance Knowledge Centre (GKC) in 2005. The portal is
intended to be a knowledge repository and a platform for sharing of ideas and views
on governance and is primarily targeted at civil servants and those interested in the
practice of and research on governance and public management. The knowledge
shared by practitioners and researchers would facilitate a better comprehension of
the nuances of administrative and management practices and pave the way for
taking up appropriate interventions aimed at improving governance standards.37

 The Department of Administrative Reforms and Public Grievances has proposed a

framework for good governance in the form of a Code of Governance. The main
components of this Code are: (i) improving service delivery; (ii) development of
programmes for weaker sections and backward areas; (iii) technology and system
improvement; (iv) financial management and budget sanctity; (v) accountability and
transparency; (vi) public service morale and ethics and (vii) incentivizing reforms.38

 The Direct Benefits Transfer Scheme, launched in January 2013, leverages the
Aadhaar system to usher in greater transparency and improve targeting, eliminate
wastage and enhance efficiency. Using broadband and information technology, the
Unique Identification Authority of India39 has issued more than 500 million Aadhaar
Cards across the country which is enabling people to receive Direct Benefit transfers.

35
Raj Chengappa, Time to Deliver: Make Sure Food Reaches the Hungry, The Tribune, September 4, 2013, p. 10.
36
Ashok Tuteja, Food Bill gets Parliament nod, The Tribune, September 3, 2013, p. 1
37
http://indiagovernance.gov.in/aboutgkc.php
38
Planning Commission, Government of India, Eleventh Five Year Plan (2007-2012) Vol-I, p. 224
39
The Unique Identification Authority of India was constituted and notified by the Planning Commission on 28 January 2009 as
an attached office under the aegis of Planning Commission. It would provide identification for each resident across the country
and would be used primarily as the basis for efficient delivery of welfare services.
25|Concept & Applicability of Good Governance in India

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of
their Grievances Bill, 2011 envisages the citizens to receive time-bound services. This
would help to create a more responsive administration to improve service delivery.40
Under the Bill every public authority is required to publish a Citizens Charter
specifying the category of goods supplied and services rendered by it, the time frame
within which such goods shall be supplied or services be rendered; to establish
information and facilitation centre for efficient and effective delivery of services and
redressal of grievances and to designate Grievance Redress Officers (GRO) in all
public authorities to enquire into and redress any complaints from citizens.41

 E-governance is a powerful tool of good governance.42 The National e-Governance

Plan has the vision to “Make all Government services accessible to the common man
in his locality, through common service delivery outlets and ensure efficiency,
transparency & reliability of such services at affordable costs to realize the basic
needs of the common man”. A network of more than 100,000 Common Service
Centres for electronic delivery of public services to citizens in rural areas has been
rolled out. The citizen-centric e-Governance services have been implemented in
different states under the e-District Project.43 It has helped to change the outlook of
the masses towards administration. Automation of government services has
facilitated information dissemination. It has been successful in areas like land records
management, law and order administration, pension disbursement and public
information systems, especially relating to health and railways. The greater usage of
internet has helped to integrate all areas of our country into the mainstream.44

Besides, above the reforms in the electoral system, tax system, judicial set up, All India
Service Rules, administrative structure and working have guided with a view to promote
efficiency and transparency in the administration which would certainly help to establish
good governance in India.

40
Pranab Mukherjee, n. 19
41
http://www.upagovt.com//2014/02/10-years-of-progress-upa-milestones.html
42
The Triune, December 21, 2005
43
http://www.upagovt.com//2014/02/10-years-of-progress-upa-milestones.html
44
Pranab Mukherjee, n. 19
26|Concept & Applicability of Good Governance in India

10. Conclusion

So, at last I conclude that Good governance has become a perfect sound
bite for the present age. All governments swear by it. For the donor agencies and the civil
society organisations, good governance has become a fashionable buzzword. The
traditional view of good governance was that a government must preserve the rule of law,
engage in physical and social infrastructure development, provide enabling environment for
growth and ensure civil and political freedoms. Today, accountability, transparency,
inclusiveness, equitability sustainable development etc. have become the key ingredients of
good governance.

Good Governance is an ideal, which is difficult to achieve in its totality. However, to ensure
sustainable human development, actions must be taken to work towards this ideal with the
aim of making it a reality. The instruments of the State and the civil society need to be
guided by the Talisman that the Father of the nation- Mahatma Gandhi prescribed for
social, political and religious leadership of independent India in August 1947, “I will give you
a talisman. Whenever you are in doubt, or when the self becomes too much with you, apply
the following test. Recall the face of the poorest and the weakest man whom you may have
seen, and ask yourself if the step you contemplate is going to be of any use to him. Will he
gain anything by it? Will it restore him to a control over his own life and destiny? In other
words, will it lead to swaraj for the hungry and spiritually starving millions? Then you will
find your doubts and yourself melting away.”45

However, despite achieving success on several counts, there are still many challenges for
the governance system in our country. Corruption is one of the biggest factors that hinder
efficient performance of the economy. There is need to eliminate interface in the delivery
of services. It is also necessary to adopt non-discretionary approach towards decision-
making and initiate two-way communication with the users. Governance is a holistic
approach, involving all the pillars of the State, including provision of justice. The need for
judicial reforms and initiation of measures like greater use of information technology to
clear pending court cases is essential. Simplification of laws is also needed for better
governance.46

45
http://www.rajbhavansikkim.gov.in/103461.pdf
46
Pranab Mukherjee, n. 19
27|Concept & Applicability of Good Governance in India

12. Bibliography

1. ‘Good Governance: A New Public Managerialism’ 2009

2. Nandan Trithesh, “Need for ‘fair governance’ over ‘good governance’ “Norwegian
minister at TERI summit, New Delhi, February 01 2013.
3. The Report of the Commission on Global Governance, Oxford University Press, New
York, 1995, pp. 2-3.
4. International Journal of Scientific & Engineering Research, Volume 5, Issue 5, May-
2014.
5. Singh Balmiki Prasad ‘The Challenge of Good Governance in India: Need for
Innovative Approaches’ by International conference of the Global Network of Global
Innovators organized by Ash Institute for Democratic Governance and Innovation and
John F. Kennedy School of Government, Harvard University at Cambridge,
Massachusetts, 2008