Ranjeet MJ Assign

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PUBLIC ADMINISTRATION

ASSIGNMENT

GOOD GOVERNANCE

AND

JUDICIARY

Submitted By:

Ranjeet Mathew Jacob

B.A. LL.B. IIIrd Yr

Division C

Roll No. 038



GOOD GOVERNANCE AND JUDICIARY

Introduction

Traditionally, the word administration is in vogue, referring to “management of a business or

public affairs or government.” It is the action part of the government, the means by which the

purposes and goal s of government are realized. By mid 1970s, its shine started wearing off in

favour to a companion-term ‘management ’, meaning professional administration of business

concerns, public undertakings etc. often, simultaneously, referring to the people engaged in the

process of planning, organizing, deciding—the board of directors, the governing body. With

management being in the front, administration was reduced to mere terminology and took a

backseat.

But by late 1980s and early 1990s, ‘management ’ also lost its pristine glory to a new avatar

called ‘ governance’. The Miriam Webster Dictionary defines governance as a method or system

of government or management. The term ‘governance’ is thus a qualitative expression, a

normative concept and is different from government. Governance is a qualitative concept

whereas government is a physical entity. The difference between the two can be conveyed more

sharply by the observation that “India should have less of government but more of governance.”

Good Governance

Good governance connotes certain value-assumptions whereas governance as a process denotes

value-free dispensation. Good governance is associated with efficient and effective

administration in a democratic framework. Good governance is a function of installation of

positive virtues of administration and elimination of vices of dysfunctionalities. Good

governance signifies the way an administration improves the standard of living of the membersof its society by creating and making available the basic amenities of life; providing its people

security and the opportunity to better their lot; instill hope in their heart for a promising future;

providing, on an equal & equitable basis, access to opportunities for personal growth; affording

participation and capacity to influence, in the decision-making in public affairs; sustaining a

responsive judicial system which dispenses justice on merits in a fair, unbiased and meaningful



manner; and maintaining accountability and honesty in each wing or functionary of the

Government. In short it must have the attributes of an effective, credible and legitimate

administrative system—citizen-friendly, value caring and people sharing.

As per the 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. UN Economic & Social Commission for Asia & the Pacific also identified similar

attributes. It holds that “Good Governance has 8 major characteristics. It is participatory,

consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and

inclusive and follows the rule of law. It assures that corruption is minimized, the view of

minorities are taken into account and that the voices of the most vulnerable in society are heard

in decision-making. It is also responsive to the present and future needs of society.” So the key

attributes of good governance in an institution are as follows:-

1. Participation

2. Rule of law

3. Transparency

4. Responsiveness

5. Consensus Orientation

6. Equity

7. Effectiveness and Efficiency

8. Accountability

To ensure good governance, all the pillars/branches of the government, i.e. the legislature,

executive and the judiciary, should work keeping in mind the above objectives and ensure that

that there is a betterment in the life of every citizen of the nation

Role of Judiciary in Good Governance

The role of judiciary in good governance is very vital and important. It is because of the very

scope of authority it has been entrusted with. It is the organ of government which has been



entrusted with the duty of upholding the law and to ensure that justice is delivered to every one

who comes to it.

It needs to be noted that the judiciary in India enjoys a very significant position since it has been

made the guardian and custodian of the Constitution. It is a watchdog against violation of

fundamental rights guaranteed under the Constitution and thus insulates all persons(Indians and

aliens alike) against discrimination, abuse of State power, arbitrariness etc. It enjoys wide scope

of authority under the Constitution and acts as a effective check over the acts of the legislature

and the executive.

The judicial system has an important role to play ultimately in ensuring better public governance.

There may be a plethora of regulations, rules and procedures but when disputes arise, they have

to be settled in a court of law. There is no area where the judgments of Supreme Court have not

played a significant contribution in the governance – good governance – whether it be –

environment, human rights, gender justice, education, minorities, police reforms, elections and

limits on constituent powers of Parliament to amend the Constitution. The judiciary through the

evolution of the doctrine of basic structure in the famous case of His Holiness Kesavananda

Bharti v. State of Kerala, has held rule of law, equality, democracy and other values to be

indispensable, indestructible and unalterable values of the Indian Constitution. It has also held

that judicial review is not only a part of basic structure but also the prerogative of the judiciary.

In the case of Bhopal Gas Tragedy case, the Supreme Court ensured that the victims get

compensated from the wrongdoers. In field of the human right protection, the judiciary in various

judgments like People’s Union for Civil Liberties v. Union of India, D.K. Basu v. State of West

Bengal, Vishaka & Ors. v. State of Rajasthan ensured that the gender equality, protection against

custodial torture, right to privacy and other basic human rights are ensured.Moreover, the Indian

Judicary for ensuring justice and equality, has even gone to the extend to declare law in those

area where there are lacunae and lack of sufficient rules and regulation like in the case of Vishaka vs. State of Rajasthan.

Conclusion



Judiciary has, thus, played a crucial role in development and evolution of society in general and

in ensuring good governance by those holding reins of power in particular. Perhaps, there can be

no two views about the significance of the role expected of judiciary, viza-viz, the goal and good

governance in a free society. The approach of judiciary in India has time and again been that

while it may be appropriate that the courts show due deference and margin of appreciation to the

opinion formed by the executive, any State action making inroad into the personal liberties or

basic human rights of an individual must invariably be subject to judicial scrutiny which would

rest on objective proof, relevant material in accordance to law and through a procedure that

passes the muster of fairness and impartiality. Good governance means securing justice,

empowerment, employment and efficient delivery of services and the Judiciary has worked

towards achievement of this very purpose through the powers conferred on it. The paradigm of

Indian judicial system is testimony to the manner in which judiciary can contribute in good

governance. Judiciary has played its role very well in ensuring that the objectives of good

governance are attained and the fruits of its success are enjoyed by the public at large.

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Ranjeet MJ Assign