Friday, March 29, 2019

Good Governance Essay

great formation Essay regime is the count and conscious management of regime structures for enhancing the worldly concern realm. G overnance set up be viewed from gravelible, political and economic panoramas. Indeed, intimately giving medication is pivotal to the growth process. maturement linked brass section has been an issue oftentimes debated in the contemporary world. The term reinance has taken a much wider meaning and is no perennial restricted to draw rein or administration only when is mixer functiond in a bountifuler sense to imply the manner in which provide is exercised. Since bureau thunder mug be exercised in any manner as desired, current principles would be required in order to judge whether the dis air of the occasion has been do as per accepted standards and norms. such judgment bottomland be establish on several criteria participation of citizens, upholding the rule of law of nature, transp arncy of the frame, re feativity of th e situation, consensus oriented policy, equity and inclusiveness of the policy, function of the dodging, strategic vision of the authority, etc.At the end of the Cold War era, the term respectable arrangement came into circulation which sentiency the prescriptions by donor agencies for carrying keep an eye on out of the closet economic and political reforms by the pass receiver countries. These prescriptions were presented by world(prenominal) donor agencies as conditionalities and were expected to be met with compliance.4The valets Bank defines right(a) giving medication as ..the one epitomized by predictable, unresolved, and tyro policy- make, a bureaucracy imbued with a professional ethos acting in furtherance of the earthly concern good, the rule of law, transp atomic number 18nt processes, and a strong polite nightspot participating in national affairs. Poor brass section (on the other knock over) is characterized by arbitrary policy making, un musical sco reable bureaucracies, un-enforced or un tho legitimate systems, the plague of executive index number, a civil lodge unengaged in overt life and widespread degeneracy.5The Government of Maharashtra incubate on Good Governance sought to elucidate on the concept of good politics.6At the fountain in the Mission Statement of the report, it clarified that the concept of good constitution was much big than mere administrative reforms as unders in additiond in the conventional sense of the term as it covered to a greater extent fuzee and substance. Good nerve has much to do with the ethical grounding of memorial tablet and thitherfore mustiness(prenominal)iness(prenominal) be evaluated with reference to specific norms and objectives as may be laid down. Apart from looking at the functioning of the conveyn(p) segment of the gild from the point of view of its acknowledged stakeholders and beneficiaries and customers and incorporating these perspectives in the course of its actions, it must ca-ca firm moorings to certain moral values and principles.As a concept, good governance applies to sundry(a) and distinct sections of the nightspot the presidential term, legislature, judiciary, the media, the closed-door sector, the corporate sector, the co-operatives, societies, believes, organizations and even non- organizational organizations.7After all in all, humans answerableness and transp arency are bear only relevant for each one of these institutions on which the society derives pillar-strength. Furthermore, nevertheless when all these and various other sections of the society conduct their affairs in a socially responsible manner can the objective of achieving larger good for the largest number of people in the society be realized.It must similarly be mentioned that the fore near test of good governance is the attentiveness for the rule of law. As the often quoted saying goes, the law is supreme and higher up all its subjects. Governa nce must always be based on rule of law. Every lawfully established regimen must govern according to the laws of the land and all its actions must uphold the rule of law and any effort to take the law in ones own hand or to undermine the law by anyone, howsoever high and mighty he may be, must be dealt with speedily, decisively and in an exemplary manner. The Report goes on to observe that it is a matter of great concern that patronage over five decades of Independence, it can non be said with conviction that our governance is based on the rule of law.CHAPTER 2PRINCIPLES OF GOOD GOVERNANCE2.1 Principles of Good GovernanceThe pillars of governance admit accountability, transparency, predictability and participation these are universally applicable careless(predicate) of economic orientation, strategic priorities, or policy choices of the government in question. However, thither application must be kingdom-specific and purely based on the economic, social and administrative capa city of the country. The universally accepted characteristics of good governance accommodate participation, rule of law, transparency, responsiveness, equity, inclusiveness, effectiveness, efficiency and accountability.8The following text shall cover the principles which may be considered as the tonality principles of good governance in the opinion of the researcher. These key elements have been listed out by the researcher based on their relevancy and contri exception towards establishing an efficient and objective driven governing authority, covering socio-political and economic considerations. The determinative role that these principles play are supported by the various texts of international governing authorities, bid the unify Nations, as sound as the emphasis laid upon them by the Constitutions of various countries including India. therefore, these principles are covered non only by hard-law provisions, i.e. legislations, treaties, etc. which make the compliance to suc h(prenominal) principles mandatory, but as well soft-law provisions, i.e. declarations, policies outlining desirable targets, etc. which reflect the consensus of countries and their convergence in plan process vis--vis these principles.(1) de screwr and Fair ElectionsSince good governance emphasizes on the importee attached to the ripe(p) people being holdd in the determination making process, a elected setup where the representatives of the people are in control of the power, reckond by poverty-stricken and fair chosenions, holds importance towards ensuring good governance. Free and fair elections ensure that the citizens are able to exercise their right to elect their leading and hence act in voicing their interests by dint of these leaders. However, such an election process must be free and fair, where the voters have a choice amongst the candidates and the right to the relevant randomness concerning the candidates in order to elect the leader who according to them could surmount serve the government. Such elections are broadcast to all persons without discriminating on sex, scat or ethnicity and are without load or coercion by the government..The right to vote is a constitutionally safeguarded right and is the cornerstone of a democratic society. However, other factors which discussed below are essential to ensure that elections are a means to a democratic society, and not an end by themselves.9(2) Independent Judiciary The Rule of truthA crucial aspect of the constitutional mechanism is a system of checks and balances that is imposed upon the different organs of the State. duration power is granted to the government, its function is overlooked and kept inside acceptable limits by the constitutional limits like periodic elections, guarantees of rights, and an independent judiciary which permits the citizens to hear rampart of their rights and redress against government actions. In this way, one branch of the government is able to provide accountability for the actions of another.The value attached to an independent judiciary cannot be neglected repayable to its role in preserving the rule of law.10The rule of law binds the branches of the government together. It also lays the foundation for the sound establishment of the healthy economic, social and political life. The Courts must uphold the rule of law in the State, fairly and without discrimination, providing equal protection for women and minorities and allow open and fair access to judicial and administrative systems. governmental or civil rights must not be denied by reasons of sex, race or ethnicity. Justice should be available for all sections of the society.Good governance requires fair legal frameworks that are enforced impartially. It requires full protection of pitying rights, particularly those of the minorities. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force force.11(3) Freedo m of Speech PressTo function efficiently, a democratic society based on justice must not restrict the free commuting of motifs and instruction. To achieve this, free and open press and the freedoms of speech and expression are constitutionally safeguarded rights as well to cultivate effective governance. We live in an data driven society, and the access to learning provides a bouncy tool to the public to make informed choices regarding their day to day lives and enables them to participate in the governance process. Such freedoms also serve as a check on the accountability for the government and lets the citizens redress the government for its actions. It facilitates the ex shift of political discourse, creating a marketplace of ideas where no view is stifled and the best are chosen.12(4) Elimination of CorruptionGood governance also translates into the evacuation of putrefaction to write the integrity of democracy. Governments must strive to rid themselves of transplant as corruption damages economic exploitation and reform, and is an obstacle as far as the ability of create countries to attract foreign enthronisation is concerned while also hindering the growth of democratic institutions, and concentrating power in the hands of a few. The best way to combat corruption is for governments to be open and transparent. plot in certain cases governments have a responsibility to retain secrecy and confidentiality, democratic governments must be slight to the citizens right to know. Strong laws against corruption and the presence of law enforcement agencies that work against corruption demonstrate a governments commitment to this principle.13(5) Investment in PeopleReaping level best benefit and managing the limited resources before the country is a task which must be performed by the administration. While following good governance practices, the government must invest in the people to cultivate a human resource base. This means that ample resource s must be devoted to preserve the welfare of the citizens, without discrimination, and provide health care, education, etc., and an environment where political, economic and social well being, peace and justice can be achieved.14(6) Legitimacy Voice only citizens, men and women, must have a voice in the last making process in good governance compliant State. This may be direct or by means of legitimate intermediate institutions. Such broad participation is made possible by the freedom of fellowship and expression. Of the principles enumerated thus far, the principle of legitimacy and voice has the strongest claim to universal information based on over a half century of United Nations accomplishments in the field of human rights.15Another facet of good governance is the intention to act on consensus and not on the will of a few, whether strong or weak. This mediates the differing interests to reach a broad consensus on what is in the best interest of the entire society. A long t erm perspective giving due regard to the holistic effect on the society must be undertaken before the governing authority envisages on a path and focus on sustainable human development. This may include better taste the historical, cultural and social contexts of the given society.16(7) DirectionThe leaders in particular and the public in general should have a broad and long term perspective on good governance and human development, accompanied with a strong sense of the historical, cultural and social complexities in which that perspective is grounded.17The leaders and the public should have a broad and long-term perspective on good governance and human development, on 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.Governance is thus a checklist of criteria of managing public affairs. As Lewis T. Preston, the World Bank president, categorically stated in hi foreword to Governance and Development,Good governance is an essential balance to sound economic policies. Efficient and accountable management by the public sector and a predictable and transparent policy framework are critical to the efficiency of markets and governments, and hence to economic development.18(8) Performance OrientationWhile good governance necessitates the consideration of several other factors, achieving the targets set ahead by the government cannot be overlooked. These institutions and processes must attempt to serve all the stakeholders, and produce results that meet the demand while making the best subroutine of the resources.19The work should always be oriented towards achieving optimal performance. Performance can be divided into two categories responsiveness of the government, and the effectiveness and efficiency of the government. Good governance calls for serving of the stakeholders within a reasonable timeframe which would ensure trust and accept ance of the public. Responsiveness of the government can only be tried and true if there exists meaningful and serious civil society engagement in the public affairs of the State.20The concept of efficiency in the context of good governance also covers the sustainable practice of natural resources and the protections of the environment.(9) Accountability development is also associated with the power government exercises. By restricting information, people within government become more powerful that those who are without it. Thus, claim for transparency and information is also about sharing of power. It is possible to misuse power when it is concentrated rather than when it is shared among a broader stream of people. As information grows, the arbitrariness of government tends to reduce.21Good governance entails the accountability of those who have been entrusted with certain duties and powers. Since the public participates in the decision making through the elected representatives and through the appointed decision makers, these decision makers are accountable to the public for the use of their powers. The level of this accountability may however differ in ossification with the organization in question and the nature of the decision.The private sector and civil society organizations must also be held accountable to the public and their institutional stakeholders. In general, an organization or an institution is accountable to those who will be change by its decisions or actions.22Accountability cannot be enforced without transparency and the rule of law. Transparency refers to the taking decisions and enforcing them in accordance with rules and regulations and making the information with regard to such actions accessible for scrutiny by those the decisions affect. In simple terms, it means also that sufficient information is provided and that it is provided in easily understandable forms and mediums.23Transparency depends on the building of a free flow o f information. Processes, institutions and information are directly made accessible to those concerned with them and enough information is provided to understand and monitor them.24(10) FairnessThere must prevail a sense of fairness emanating from the decisions of the governing body. The members of the society should feel as equal participants in the society. All persons should be regarded as equals, and certain rights which are considered infrangible to humans must be respected. Discrimination of any kind such as race, color, sex, language, religion, political or other opinion, etc. must not be condoned. Equal opportunity must be given to everyone to break or maintain their well being. At the same time, certain protected sections of the society must be given special attention if there exists a need for the government to help alleviate their economic, social or political standing.CHAPTER 3Good Governance in the Indian place settingLife of the law is not logic, but experience.252 .1 Good Governance late InitiativesThe pre dominant theme in contemporary debate over administrative reforms in India has been the target of achieving objectives under a regime of good governance. This implies a broader outlook towards management of such matters without exclusively restricting it to public administration. It is suggested that this idea stems from the concept of liberalization which places the individual over collective preferences, and the State shrinks to give place to the market that essentials economic efficiency.26The contemporary efforts towards administrative reforms are not directed against an autonomous State, but instead a bureaucracy that is coming to grips with the changing role of the State. The bureaucracy is itself under an attack on account of its inefficiency and also because of its association with a political system which has failed to perform, a system which deprived the citizens of their legitimate rights in decision making for far too long.27 Another striking feature of these reforms is their tendency to be more ideologically oriented than before.This context must therefore be kept in mind while debating over the reform inaugurals in recent times. The change in the context is primarily seen as an induced effect of the demand generated by the peoples struggle to make the government accountable. It is a change spearheaded by the efforts of the people. It is not a deliberate attempt by a charitable government to come clean. Kuldeep Mathur makes an interesting observation that the government while reacting to this demand raised by the people has in fact met with resistance from within its own members.28The Conference of Chief Secretaries on effective and responsive administration in November 1996 gave birth to certain recommendations which were later converted into an Action curriculum by the Department of Administrative Reforms and Public Grievances, which also included cerebrate by the Prime Minister, Cabinet Secretary , Chief Ministers and the Chief Secretaries. The Action designing intends to premiss accountable administration which is effective and speedy in redressing public grievances, empowerment of local bodies, decentralized delivery system, review of laws, transparency and the right to information, code of ethics for civil servants, anti-corruption policies, etc. The central idea coffin nail the action plan seems to be efficiency.29The rally Government had setup the working(a) Group on Right to Information and Promotion of Open and gauze-like Government in 1997, which observed democracy means choice and a sound and informed choice is possible only on the foot of knowledge.It went on to argue that transparency and openness in the functioning of the government shall have a cleansing effect on the operations of public agencies and approvingly quoted the saying that sunlight is the best disinfectant.30In May 1997, at the Conference of Chief Ministers, transparency in the government was discussed and a line issues which provided for an Action Plan for Effective and Responsive government at the Central and State levels, while conceding that the secrecy and lack of openness in transactions had led to widespread corruption. The statement attracted much praise also because it set upon the government 3 months time to ensure easy access to information for the people vis--vis information relating to government activities and decisions, except information which was beautiful in nature. Soon thereafter, political events took over and no progress was made for nearly a decade, much over the 3 month deadline that had been set.31While the Right to Information Act was introduced in 2005, continuous efforts are current to introduce more accountability and transparency in the system. While most of the principles of good governance are found in the Indian legal framework in the form of constitutionally guaranteed safeguards, the governance needs to involve the civil society mor e actively in the decision making and establish the norms of redressal. The lack of transparency, prevalence of corruption, inefficient working and lack of responsiveness continue to be the grey areas.2.2 ConclusionAs a development country emerging as an economic superpower, India needs to get its act right. Without certain optimum standards of efficiency, the principles of good governance cannot be attained. The peoples movement demanding good governance in India co-relates to the growing unrest in the civil society frustrated with the inefficiency and the opaqueness in the system.The only solution was to re-invent the government, and thus started a chain of events which included the passing of the Right to Information Act as recently as 2005. With the Indian economys growth story making headlines, the country has awakened to the need of the hour on its path to development. The insistence of international institutions like the World Bank that developing countries comply with the p rinciples of good governance has only worked to Indias advantage.While some progress has been made, a lot more still needs to be done. Imbibing the principles of good governance shall ensure that India continues to march towards development, while effectively managing its resources and providing the socio-politico-economic rights that the citizens of this country are entitled to. However, just how effective this approach proves to be shall be determined by the result of the civil society which started this reform movement.CHAPTER 3CONCLUSIONThe study of governance opens up new avenues it enables us to wander into intellectual space where we can search for solutions to the problems that have haunted us for far too long. The primeval objective of governance is to discuss the role of the government in grapple with the public issues and to tackle the myriad predicaments and difficulties that arise from these transactions. It teaches us that means must not be the ends, and both the means and the ends must be punctually understood. The study of governance also enables us to effectively factor in the role that must be played by the other players in the arena of governance the role that must be played by the civil society groups and institutions.Governance is an exercise of economic, political and administrative authority for efficiently managing a countrys affairs, at both micro and macro levels, which includes the mechanisms, processes and institutions through which the citizens and civil society groups are able to communicate their interests, make use of their constitutional and legal rights besides meeting their obligations and mediating their differences.32It is not only desirable, but imperative that governance for development be accountable, participatory, responsive, effective and efficient for promoting the rule of law, safeguarding the interests of citizens and marching towards a holistic development.The principles of good governance are a set of prin ciples which have gained popularity in an almost dogmatic sense. The universal pertinence and acceptance of these principles have seen their application reach a new aggrandisement and there is now a global pressure to conform to these plebeian minimum standards of governance. These principles envisage a ride of governance on which the developing countries, which are fast realizing the link between development and efficient governance, seek to fashion their governance on.The driving force behind this changing scenario have been the international institutions pressing for compliance, and the rising peoples movements demanding their legitimate rights to competent governance in an accountable manner. There is a growing sentiment that the convergence over these principles will result in the governments rising above the challenges before them.At the same time, there is caution in the wind. These principles must not be followed as diktats. Their application must be tailored to the speci fic needs of governance, sensitizing them to the local conditions. This is on account of the socio-politico-economic values that are affected by these principles. Their introduction as a localized experience prevents the aberration of the very people who must reap benefits.Practicing these principles of good and just governance results in a free and open society where people can pursue their hopes and dreams in a healthy and conducive environment. Moreover, robust and open economies would follow which can be trusted by the investors and financial institutions alike, and development shall flourish. It is a matter of strengthening what our Constitution endeavored to provide us. Respecting the human rights a fruitful partnership between the government and the civil society efficiency, accountability and transparency in the machinery performance orientation with strategic vision utile use of the human resource base and a strong and independent judiciary together they shall prove to b e the desired shot in the arm for a re-invented and rejuvenated system of governance. The governance needs to be carried out in a manner that invokes trust and confidence, a manner which convinces the citizens the countrys biggest resources to come forward and fully participate in an enterprise to secure the objectives of development and progress.In the light of what has been discussed above, with special focus on the realization to introduce changed governance practices and the increased restlessness amongst the people in India, it is almost as if a new governance philosophy has emerged. Unlike the traditional public administration systems that focused on bureaucracy and the delivery of public services, the governance model envisages public managers as entrepreneurs of a new, leaner and change magnitudely privatized government adapting to the practices and values of private businesses.33The mantra to be followed by the new governance model would be to transform civil services, u nderlining the reforms as means to (a) reorganize and downsize the government, (b) set-up a performance based organization, (c) adopt private sector management practices and (d) get ahead customer-orientation of administration.34For the developing world which is in the grip of serious debt crisis, the World Banks good governance solution with its accompanying micro and macro-accountability formula hold much promise. Institutional capacity building has been the central point of discussion and forwarding of sound development management by removing, as far as possible, the possibilities of capture of benefits by the socially powerful is underway.35There is today an increasing pressure on our political system and the administrative apparatus generated by civil society organizations to share information and make the process of decision-making transparent. There is a shift towards responsive governance. This can be made often feasible only if the mindset of the politicians and the bure aucrats undergoes a change, and they are receptive to the initiative of sharing information as well as power with the people.36

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