Elements of Good Governance
Two commentaries, one by RK Raghavan and the other by Rakesh
Bhatnagar, in Daily News and Analysis ( October 29,2012,) highlight
the importance of good governance in bureaucracy and in the delivery
of justice. The civil servant is the servant of a democratic state
based on the principles of a republican constitution, not of the
government of the day. His allegiance is to the constitution, not to
the minister. However, as Raghavan has pointed out, " Honest civil
servants are browbeaten either into gross wrongdoings or utter
passivity." This has to change if we want to have an honest
administration in the country.. A civil servant has every right to
refuse unlawful orders which are mostly given orally. It would be good
idea to pass a law which codifies the duties and responsibilities of a
civil servant into a oath of office which should be administered to
him when he assumes his office, and to be repeated when a new minister
is sworn in. Of course, our legislature may not pass such a law. It is
for the people to take it up with an appeal to the President, the
Prime Minister, the Parliament, and if nothing happens, with an
agitation.
As Bhatnagar has mentioned there are 76 election petitions challenging
the results in the polls between 2010 and 2012 pending disposal at the
high court level while the Representation of People Act requires that
these should be disposed of within six months.
It is time that people concerned with the democratic functioning of
this country come together and prepare norms of good governance, and
support those parties who agree to implement them when they come to
power after the next election.
October 29,2012.
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