Good Governance
Anticorruptology
27
Apr
2016 02:06
Fundamental rights of citizens must be safeguarded in the democratic countries for good governance. There should be participation of people in decision-making process of state affair. Legal decisions should be executed timely by the concerned authority. The decision-making process and its execution should be done according to the provision made in acts and laws. Those activities conducted by different levels of state should be clearly understood and experienced by every citizen .That type of situation is regarded as good governance.
Good governance can’t be imagined until there is corruption in policy making and execution. Therefore corruption must be eradicated because it is an obstacle to good governance. It means good governance can rise only in zero tolerance of corruption. In this situation a citizen need not pay for any decision of the state. Justice is not bought and sold. The citizens get economic, political, social and legal justice in easy manner.
The state and legal organization should exercise the power for the welfare of citizens under good governance. The stakeholders exercising state power should respect and protect the principles like legality, responsibility, transparency, people participation and service orientation.
Political and government systems may vary from state to state. The governing system itself can’t guarantee good governance. The principles of good governance should be protected and adopted in political system to establish it. Morality, faithfulness and trustworthiness are necessary for it. Beside it, six indispensable elements should be accepted to guarantee good governance. These are: -
1. Corruption controlled situation,
2. Rule of law,
3. Local self-governance,
4. Transparency,
5. Right to information,
6. Public accountability,
7. These six points can be explained as follows:-
1. Corruption controlled situation:
Corruption continues to grow in a society till there occur illegal, immoral, and antidemocratic activities. When corruption grows like this and shakes off government’s mechanisms, we can’t imagine a good governance. The corruption, which is against good governance, doesnot only create economic difficulty but it also devaluates moral values and promotes anarchism. Anarchism makes politics unstable and it may end the existence of a state.
The legally sanctioned activities are to be executed by the legally authorized bodies on time and qualitatively for good governance. No work should be obstructed by the vested interest of decision maker and executor. The recipients should get the service easily without any complicated procedure. There must not be exchange of a small or grand bribe. The service provider should deliver the service according to the rules.
Only one person or organization is not sufficient to control corruption .It can be controlled by the court and political government together. For this, a specific plan and program need to be implemented. But the stakeholders should show the commitment and faithfulness with strong will power. The law must not be flexible so that the stakeholders could misinterpret it and misuse it. The governing authority in the economic activities is naturally corrupted. Such type of governing body should be scrutinized and brought under of investigation.
Not only curative but also preventive measures of corruption control are to be observed. Whichever measure is implemented the system of good governance is developed only if corruption is controlled. Corruption control must be achieved for the development of good governance.
2. Rule of Law :
The meaning of rule of law is the execution of all activities of the state only on the basis of law. Rule of law establishes interrelationship between the citizen and state. The system and procedures of the state are made according to the public will. The continuous interrelationship between citizen & state can be established only by the rule of law.
In simple word, rule of law refers to the governing system based on just law. In other words, every citizen should obey the law and they should be governed by the law also. This feeling has to be developed .The government itself should not fail in legal responsibility and authority. Thus, both the citizen and government should move forward by observing the rule of law.
In the democratic system, the executive, legislature and judiciary are provisioned to perform different functions to ensure rule of law. And according to the principles of separation of power, one body cannot interfere, influence and affect another body. The democratic system is prevailing in the world with adherence to this principle. Executive, legislature and judiciary aren’t independent in the countries where there is interference from one another. The government becomes unstable, judiciary becomes deficient and law becomes a farce. In such critical condition, the principles of rule of law, do not work. The citizens should also be as competent as the law demands. The state should judge the level of consciousness of citizens while making laws. The laws should not be clumsy, vague, incomprehensive and difficult to practice. They are to be made according to the people’s interest, needs and practicality. Thus, law is the need of people. Good law should enable to provide justice to the people .If there is provision of such type of law, it is considered good governance.
Every law does not get legal standard when it is made. Those laws which govern the people on the basis of their education, economic status and political consciousness get legal standard. The constitution, act, regulation and law made on the basis of the principle can be implemented. Otherwise, rule of law cannot be materialized as law goes on one way and personal, social, communal behaviors go on the other way. Therefore, those laws made by considering the level of personal and social consciousness, culture, social behavior, value and custom can guarantee the rule of law. Law and justice should maintain the world standard of justice and peace.
There is significance of five elements in the rule of law. These elements should respect each other’s right, freedom, supremacy and work coordinating with one another. Those five elements are sovereign people, constitution, executive body, judiciary and legislature. These five independent elements have different existence though they are interconnected.
The relation can be shown as follows:
While studying this diagram, each point is joined with one another. The five elements are seen completely interrelated but they have independent existence as they have separate point. The points started from sovereign people ends at the same point. In this process a star is made which is called the star of the rule of law.
3. Local Self-governance :
The democratic governance system cannot be successful unless there is active participation of people in the state system. Local self-governance refers to the process of making local body powerful to solve the local problems by mobilizing local resources with the consent, coordination and participation of local people. All the local activities are not possible to execute from the central level. So, local development needs to uplift the local people are addressed at local level. Thus, local self-governance is needed for all-round development of local level by uniting the local people in the organized manner.
Whatever political system is at the central level of the state, the local self-governance must be established at the lower level to uplift the standard of the local people. The local body should be provided power to execute all activities at the local level according to the principles of decentralization. Only then, local self-governance can be implemented.
The local development can’t be possible in the state unless the local bodies are competent and powerful. Democracy can’t be sustainable and stable unless there is local development. The foundations of democracy are local bodies themselves. The democracy can be successful only if local self-governance is implemented without interference from central government.
4. Transparency :
A state should accept the principles of transparency to make the democratic system sustainable. Where there is no transparency in the government system, there is disorder and corruption. The rulers become autocrats and dictators. They are the enemies of democracy.
Transparency does not mean open policy on rules, law, traditional culture, liberty, sovereignty, national security and international relation of the state affair. In the way human body is exposed by covering the certain parts which do not need to be exposed, a state should adopt the principles of transparency in the governance system without blazing the main policy of the state independence and national security.
All citizens have right to information to know about plans, policies and their execution made by the government for peoples’ welfare. According to the principle of transparency, public inquiry on decisions and activities of the public personnel in government is allowed. When this culture of transparency is developed, the system of disseminating information takes place. Responsibility among the persons, groups and agencies working for public welfare is developed.
Maintaining transparency in the democratic system is fundamental right of citizens. Under transparency, people came to know how the government has functioned, properly or not, whether policies and programmes are supportive of people’s welfare or not and whether public servants have worked responsibly or not. In short, transparency is a picture of an open society where common people can know and judge the conduct of public personnel.
Transparent political system provides a lot of public information to the citizens. The citizens must be informed of every activity of government .The government shouldn’t keep anything secret, which is conducted for public welfare. The authorized persons and agencies should properly discharge their functions. Those who are involved in such types of functions should adopt the principles of responsibility and transparency.
The public decision making process should be transparent and free to inquiry. A stakeholder having authority to make an important decision should enable the local people and civil society to participate in the decision making process. Similarly, for promoting the principle of transparency, information sharing system should be made clear so that the common people would have feeling of participation. Only then, the principle of transparency is regarded to be followed. If so, there is less possibility of corruption.
5. Right to information
Right of information refers to public access to information. The present democratic age is the age of information. Information has a significant role for the development of the society. Nothing is more important than information at present time. It is needed for making social, economic and political policies and giving guarantee to rights and liberty of the people. It helps to develop work competency. It also helps to develop civil society and promotes democratic practice.
Almost all countries have started to adopt this principle being aware of importance of right to information. The legitimacy of the government is established by the consent and support of the people. The access to information enables their participation, expression of thought and support to government .Thus, right to information is a means of interrelationship among democracy, people and government. The information can be divided into two categories:
The information is expected from persons, agencies and government bodies. The right to information is related to the information of public interest only. Information of public interest shouldn’t be kept secret. When such information is actively published, right to information is regarded operating.
6. Public Accountability :
Almost all the countries in the world run the state affair under democratic system. The principle of public accountability has gradually been established in those countries which have practiced democracy. Public accountability promotes the good governance. The government becomes sensitive towards citizens. The political, social and economic culture is developed by public accountability. Public accountability determines how the institutions of the government become citizen-oriented. The citizens should also be equally be alert and participate in every activities of government.
Public accountability refers to presenting own self whether he/she obeyed and exercised public right, duty and responsibility or not. If there is supremacy of law and justice, the principle of public accountability proves worthy.
This principle helps the public officers and government bodies to be responsible to the citizens. When public officers or agencies do not follow this principle, the public grows discontented. Consequently, there will be abuse of authority and corruption. Thus, there is significance of public responsibility in the democratic countries.
While studying the public accountability, we have to consider legitimacy of public responsibility and public accountability in different organs of a state.
a. Legitimacy of public accountability :
b. public responsibility in different organs of a state:
a. Legitimacy of public accountability :
For the legitimacy of public accountability, the following three elements have to be implemented:-
1. Legal system/ rule of law,
2. Ethics,
3. Carefulness.
1. Legal system :
The state makes the laws and assigns responsibility to persons and organizations to observe public responsibility. The public responsibility is stated in the constitution, acts, regulations and by-laws. The public agencies and government obey the provisions made by acts and laws. It is mandatory to obey the provisions and those who do not obey are punished by the state. This legal provision plays a significant role in maintaining public responsibility.
2. Ethics :
Those people, groups and organizations who have got public responsibility should act as per the laws. Moral responsibility follows automatically while shouldering public responsibility .This moral responsibility is more important than legal one. It is important because legal provisions are explanatory but moral responsibility is not explained. Legal responsibility relates to all except the ethical one. Thus, the ethical responsibility is not written anywhere but it’s clearly felt while fulfilling the responsibility.
3. Carefulness :
Public responsibility is reflected at different levels. It is determined by the state and social customs and public awareness. Another product of public responsibility is carefulness. Those who take public responsibility have to function carefully by thinking that general public are alert/careful about their work. Carefulness always gives positive result. So it guides public responsibility towards a right track. It’s important for common people to be careful. Public responsibility can be established if carefulness is maintained.
b. Public accountability in different organs of state :
1. Responsibility of political parties :
A political party or politically driven body gets at the top of the executive body to run the administration. The presidential or parliamentary cabinet provides leadership to the civil service of a state. Though political is in power for a short period of time it gets the power of governing the country. The political party which provides leadership to bureaucracy should observe public responsibility. The political party and leaders should be responsible to the people while in power.
2. Responsibility of Administration :
The main responsibility of running state affair is assigned to the bureaucracy which is the permanent government of a state. The bureaucrats have the responsibilities to make plan, policies and execute the directive principles of a state. A political party or leadership runs the government temporarily but the bureaucracy is stable and permanent government. The administration makes small to great decisions, implements those decisions and serves the people and nation. Thus, this administrative sector should be fully responsible. If this sector is not responsible for its function, corruption will crop up and the whole administrative system becomes congregation of corrupt.
3. Public responsibility and the duty of people :
People have to play the pivotal role in the state affair. People are the symbol of sovereignty and main source of state power. The legislature of the elected representatives have the right to create all necessary posts to handle the state affair. Similarly, they have right to guide the state, enact necessary laws and necessary state organs. All these activities are conducted with the backing of people. It proves that people are the main source of state power. The people have duty to be alert and develop the characteristics of a good citizen. Public responsibility depends on the role played by the people. If people are alert, active and capable to seek information from responsible agencies, the role of public responsibility is also effectively established. Thus, it can be said that there is a role of people to maintain public responsibility.
When public responsibility is created, corruption can be decreased. We can see from this way by using the medium of picture on the basis of check and balance of power by forming the core subject to the public responsibility.
General people, state and the public responsibilities:
According to the figure, general or common people stand on the ground. However, peoples’ power or supremacy is seen because of consuming them as the source of state affair in the course of time. The role to form or elect the law makers also has been attained by the citizens. Therefore, the persons taking vigor of the government and the agents should be fully responsible towards the grassroots people. This has to be valid. Whether the plight of the public responsibility fully being accepted by the entire organs of executive body, judiciary, parliament and common people which are the elements like morality, law and carefulness. From this, the situation to control the corruption can be easy. We studied about the six elements which are significantly essential for the good governance. We can understand the balancing of these six elements by following picture.
Study of good governance by using the figure:-
Policies and doctrines of good governance can be addressed into the state affair being covered into the surrounding of good governance system. Thus, these six elements can give the feeling of good governance in the states. In accordance with anticorruptology, in where the state there is the governing system owing to the law, where the judging method is edited by grasping the supremacy of law according to the assumption of the governance of law, where there is the open activity in the action of all level of governmental and non-governmental, that state is the state having good governance or anticorruptology has been established there as the root basis of good governance.
Good governance can’t be imagined until there is corruption in policy making and execution. Therefore corruption must be eradicated because it is an obstacle to good governance. It means good governance can rise only in zero tolerance of corruption. In this situation a citizen need not pay for any decision of the state. Justice is not bought and sold. The citizens get economic, political, social and legal justice in easy manner.
The state and legal organization should exercise the power for the welfare of citizens under good governance. The stakeholders exercising state power should respect and protect the principles like legality, responsibility, transparency, people participation and service orientation.
Political and government systems may vary from state to state. The governing system itself can’t guarantee good governance. The principles of good governance should be protected and adopted in political system to establish it. Morality, faithfulness and trustworthiness are necessary for it. Beside it, six indispensable elements should be accepted to guarantee good governance. These are: -
1. Corruption controlled situation,
2. Rule of law,
3. Local self-governance,
4. Transparency,
5. Right to information,
6. Public accountability,
7. These six points can be explained as follows:-
1. Corruption controlled situation:
Corruption continues to grow in a society till there occur illegal, immoral, and antidemocratic activities. When corruption grows like this and shakes off government’s mechanisms, we can’t imagine a good governance. The corruption, which is against good governance, doesnot only create economic difficulty but it also devaluates moral values and promotes anarchism. Anarchism makes politics unstable and it may end the existence of a state.
The legally sanctioned activities are to be executed by the legally authorized bodies on time and qualitatively for good governance. No work should be obstructed by the vested interest of decision maker and executor. The recipients should get the service easily without any complicated procedure. There must not be exchange of a small or grand bribe. The service provider should deliver the service according to the rules.
Only one person or organization is not sufficient to control corruption .It can be controlled by the court and political government together. For this, a specific plan and program need to be implemented. But the stakeholders should show the commitment and faithfulness with strong will power. The law must not be flexible so that the stakeholders could misinterpret it and misuse it. The governing authority in the economic activities is naturally corrupted. Such type of governing body should be scrutinized and brought under of investigation.
Not only curative but also preventive measures of corruption control are to be observed. Whichever measure is implemented the system of good governance is developed only if corruption is controlled. Corruption control must be achieved for the development of good governance.
2. Rule of Law :
The meaning of rule of law is the execution of all activities of the state only on the basis of law. Rule of law establishes interrelationship between the citizen and state. The system and procedures of the state are made according to the public will. The continuous interrelationship between citizen & state can be established only by the rule of law.
In simple word, rule of law refers to the governing system based on just law. In other words, every citizen should obey the law and they should be governed by the law also. This feeling has to be developed .The government itself should not fail in legal responsibility and authority. Thus, both the citizen and government should move forward by observing the rule of law.
In the democratic system, the executive, legislature and judiciary are provisioned to perform different functions to ensure rule of law. And according to the principles of separation of power, one body cannot interfere, influence and affect another body. The democratic system is prevailing in the world with adherence to this principle. Executive, legislature and judiciary aren’t independent in the countries where there is interference from one another. The government becomes unstable, judiciary becomes deficient and law becomes a farce. In such critical condition, the principles of rule of law, do not work. The citizens should also be as competent as the law demands. The state should judge the level of consciousness of citizens while making laws. The laws should not be clumsy, vague, incomprehensive and difficult to practice. They are to be made according to the people’s interest, needs and practicality. Thus, law is the need of people. Good law should enable to provide justice to the people .If there is provision of such type of law, it is considered good governance.
Every law does not get legal standard when it is made. Those laws which govern the people on the basis of their education, economic status and political consciousness get legal standard. The constitution, act, regulation and law made on the basis of the principle can be implemented. Otherwise, rule of law cannot be materialized as law goes on one way and personal, social, communal behaviors go on the other way. Therefore, those laws made by considering the level of personal and social consciousness, culture, social behavior, value and custom can guarantee the rule of law. Law and justice should maintain the world standard of justice and peace.
There is significance of five elements in the rule of law. These elements should respect each other’s right, freedom, supremacy and work coordinating with one another. Those five elements are sovereign people, constitution, executive body, judiciary and legislature. These five independent elements have different existence though they are interconnected.
The relation can be shown as follows:
While studying this diagram, each point is joined with one another. The five elements are seen completely interrelated but they have independent existence as they have separate point. The points started from sovereign people ends at the same point. In this process a star is made which is called the star of the rule of law.
3. Local Self-governance :
The democratic governance system cannot be successful unless there is active participation of people in the state system. Local self-governance refers to the process of making local body powerful to solve the local problems by mobilizing local resources with the consent, coordination and participation of local people. All the local activities are not possible to execute from the central level. So, local development needs to uplift the local people are addressed at local level. Thus, local self-governance is needed for all-round development of local level by uniting the local people in the organized manner.
Whatever political system is at the central level of the state, the local self-governance must be established at the lower level to uplift the standard of the local people. The local body should be provided power to execute all activities at the local level according to the principles of decentralization. Only then, local self-governance can be implemented.
The local development can’t be possible in the state unless the local bodies are competent and powerful. Democracy can’t be sustainable and stable unless there is local development. The foundations of democracy are local bodies themselves. The democracy can be successful only if local self-governance is implemented without interference from central government.
4. Transparency :
A state should accept the principles of transparency to make the democratic system sustainable. Where there is no transparency in the government system, there is disorder and corruption. The rulers become autocrats and dictators. They are the enemies of democracy.
Transparency does not mean open policy on rules, law, traditional culture, liberty, sovereignty, national security and international relation of the state affair. In the way human body is exposed by covering the certain parts which do not need to be exposed, a state should adopt the principles of transparency in the governance system without blazing the main policy of the state independence and national security.
All citizens have right to information to know about plans, policies and their execution made by the government for peoples’ welfare. According to the principle of transparency, public inquiry on decisions and activities of the public personnel in government is allowed. When this culture of transparency is developed, the system of disseminating information takes place. Responsibility among the persons, groups and agencies working for public welfare is developed.
Maintaining transparency in the democratic system is fundamental right of citizens. Under transparency, people came to know how the government has functioned, properly or not, whether policies and programmes are supportive of people’s welfare or not and whether public servants have worked responsibly or not. In short, transparency is a picture of an open society where common people can know and judge the conduct of public personnel.
Transparent political system provides a lot of public information to the citizens. The citizens must be informed of every activity of government .The government shouldn’t keep anything secret, which is conducted for public welfare. The authorized persons and agencies should properly discharge their functions. Those who are involved in such types of functions should adopt the principles of responsibility and transparency.
The public decision making process should be transparent and free to inquiry. A stakeholder having authority to make an important decision should enable the local people and civil society to participate in the decision making process. Similarly, for promoting the principle of transparency, information sharing system should be made clear so that the common people would have feeling of participation. Only then, the principle of transparency is regarded to be followed. If so, there is less possibility of corruption.
5. Right to information
Right of information refers to public access to information. The present democratic age is the age of information. Information has a significant role for the development of the society. Nothing is more important than information at present time. It is needed for making social, economic and political policies and giving guarantee to rights and liberty of the people. It helps to develop work competency. It also helps to develop civil society and promotes democratic practice.
Almost all countries have started to adopt this principle being aware of importance of right to information. The legitimacy of the government is established by the consent and support of the people. The access to information enables their participation, expression of thought and support to government .Thus, right to information is a means of interrelationship among democracy, people and government. The information can be divided into two categories:
- Active publication,
- Passive publication
The information is expected from persons, agencies and government bodies. The right to information is related to the information of public interest only. Information of public interest shouldn’t be kept secret. When such information is actively published, right to information is regarded operating.
6. Public Accountability :
Almost all the countries in the world run the state affair under democratic system. The principle of public accountability has gradually been established in those countries which have practiced democracy. Public accountability promotes the good governance. The government becomes sensitive towards citizens. The political, social and economic culture is developed by public accountability. Public accountability determines how the institutions of the government become citizen-oriented. The citizens should also be equally be alert and participate in every activities of government.
Public accountability refers to presenting own self whether he/she obeyed and exercised public right, duty and responsibility or not. If there is supremacy of law and justice, the principle of public accountability proves worthy.
This principle helps the public officers and government bodies to be responsible to the citizens. When public officers or agencies do not follow this principle, the public grows discontented. Consequently, there will be abuse of authority and corruption. Thus, there is significance of public responsibility in the democratic countries.
While studying the public accountability, we have to consider legitimacy of public responsibility and public accountability in different organs of a state.
a. Legitimacy of public accountability :
b. public responsibility in different organs of a state:
a. Legitimacy of public accountability :
For the legitimacy of public accountability, the following three elements have to be implemented:-
1. Legal system/ rule of law,
2. Ethics,
3. Carefulness.
1. Legal system :
The state makes the laws and assigns responsibility to persons and organizations to observe public responsibility. The public responsibility is stated in the constitution, acts, regulations and by-laws. The public agencies and government obey the provisions made by acts and laws. It is mandatory to obey the provisions and those who do not obey are punished by the state. This legal provision plays a significant role in maintaining public responsibility.
2. Ethics :
Those people, groups and organizations who have got public responsibility should act as per the laws. Moral responsibility follows automatically while shouldering public responsibility .This moral responsibility is more important than legal one. It is important because legal provisions are explanatory but moral responsibility is not explained. Legal responsibility relates to all except the ethical one. Thus, the ethical responsibility is not written anywhere but it’s clearly felt while fulfilling the responsibility.
3. Carefulness :
Public responsibility is reflected at different levels. It is determined by the state and social customs and public awareness. Another product of public responsibility is carefulness. Those who take public responsibility have to function carefully by thinking that general public are alert/careful about their work. Carefulness always gives positive result. So it guides public responsibility towards a right track. It’s important for common people to be careful. Public responsibility can be established if carefulness is maintained.
b. Public accountability in different organs of state :
1. Responsibility of political parties :
A political party or politically driven body gets at the top of the executive body to run the administration. The presidential or parliamentary cabinet provides leadership to the civil service of a state. Though political is in power for a short period of time it gets the power of governing the country. The political party which provides leadership to bureaucracy should observe public responsibility. The political party and leaders should be responsible to the people while in power.
2. Responsibility of Administration :
The main responsibility of running state affair is assigned to the bureaucracy which is the permanent government of a state. The bureaucrats have the responsibilities to make plan, policies and execute the directive principles of a state. A political party or leadership runs the government temporarily but the bureaucracy is stable and permanent government. The administration makes small to great decisions, implements those decisions and serves the people and nation. Thus, this administrative sector should be fully responsible. If this sector is not responsible for its function, corruption will crop up and the whole administrative system becomes congregation of corrupt.
3. Public responsibility and the duty of people :
People have to play the pivotal role in the state affair. People are the symbol of sovereignty and main source of state power. The legislature of the elected representatives have the right to create all necessary posts to handle the state affair. Similarly, they have right to guide the state, enact necessary laws and necessary state organs. All these activities are conducted with the backing of people. It proves that people are the main source of state power. The people have duty to be alert and develop the characteristics of a good citizen. Public responsibility depends on the role played by the people. If people are alert, active and capable to seek information from responsible agencies, the role of public responsibility is also effectively established. Thus, it can be said that there is a role of people to maintain public responsibility.
When public responsibility is created, corruption can be decreased. We can see from this way by using the medium of picture on the basis of check and balance of power by forming the core subject to the public responsibility.
General people, state and the public responsibilities:
According to the figure, general or common people stand on the ground. However, peoples’ power or supremacy is seen because of consuming them as the source of state affair in the course of time. The role to form or elect the law makers also has been attained by the citizens. Therefore, the persons taking vigor of the government and the agents should be fully responsible towards the grassroots people. This has to be valid. Whether the plight of the public responsibility fully being accepted by the entire organs of executive body, judiciary, parliament and common people which are the elements like morality, law and carefulness. From this, the situation to control the corruption can be easy. We studied about the six elements which are significantly essential for the good governance. We can understand the balancing of these six elements by following picture.
Study of good governance by using the figure:-
Policies and doctrines of good governance can be addressed into the state affair being covered into the surrounding of good governance system. Thus, these six elements can give the feeling of good governance in the states. In accordance with anticorruptology, in where the state there is the governing system owing to the law, where the judging method is edited by grasping the supremacy of law according to the assumption of the governance of law, where there is the open activity in the action of all level of governmental and non-governmental, that state is the state having good governance or anticorruptology has been established there as the root basis of good governance.