INSTITUTIONAL MECHANISMS FOR GOOD GOVERNANCE IN INDIA

Governance is different from government. Government stands for ‘institutional entity’ while governance stands for ‘institutional and networked’ entity of public sector, private sector, and the voluntary sector. The concept of governance was not popular until the late 1980s. A shift from ‘government’ towards ‘governance’ has been taking place in the field of public administration. Today, ‘Less government’ and ‘more governance’ are being emphasized.  

 Good governance has been emphasized in India since ancient times. It has the following eight attributes, which are citizen-centric:

• Consensus oriented
• Accountable
• Transparent
• Responsive
• Equitable and Inclusive
• Effective and Efficient
• Follows Rule of Law
• Participatory

Good governance aims at providing citizen, friendly and citizen caring administration. It aims to enhance the effectiveness and efficiency of the administration. In India, several institutional mechanisms have been adopted for good governance, which is explained as follows:

RIGHT TO INFORMATION

Meaning: It is a right to know about the details of governmental records and different administrative activities.

Aim: To reduce corruption, bring transparency and strengthen the trust between citizen and administration.

Evolution: Sweden was the first country to provide RTI to its citizens.

Indian Scenario: Government of India passed the Right to Information Act on 15th June 2005. It came into force on 12th October 2005. 

Salient Features of the Act:

• It is an initiative taken by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pension.
• The primary objective of this Act is to empower the citizens, promote transparency and accountability.
• It mandates timely response to citizen requests for government information.
• Information to an applicant is to be supplied within 30 days from the receipt of the application by the public authority.
• It also provides for the creation of Chief Information Commission and State Information Commission.
• Section 8 (1) mentions exemptions against furnishing information under the RTI Act. 

The Right to Information Act was amended in 2019 whereby it changed the term of office of CIC at centre and state. It was earlier five years; now the Union government will notify about the term. 

CONSUMER PROTECTION ACT

Meaning: Consumer Protection Act is enacted to provide a simpler and quicker redressal to consumer grievances.

Aim: To promote and protect the interests of consumers against deficiencies and defects in goods and services. Also, it seeks to provide relief to both consumers and manufacturers avoiding long litigation.

Evolution of CPA in India: Consumer Protection Act of 1986 was passed by the Union Government to protect consumer rights. Rights of the consumers, according to the Act, are:

• the right to be protected
• the right to be informed
• the right to be assured
• the right to be heard 
• the right to seek redressal 
• the right to consumer education

 Under this Act, every district has at least one consumer redressal forum called consumer court. At the centre is the National Consumer Disputes Redressal Commission. According to the Consumer Protection Act of 2019 which replaced the old Act, a Central Consumer Protection Authority (CCPA) will be set up. 

CITIZEN CHARTER

Definition: Citizen Charter is a statement of ‘standard services’ to be delivered by the organization. These standards of services are commitments on behalf of the organization to the citizens. 

Aim: To make the public organizations citizen-friendly, transparent, and accountable.

Evolution: It was first introduced in 1991 in the U.K. 

Principles: Citizen Charter is based on the following six principles:

• Quality: Improving the quality of services
• Choice: Wherever possible
• Standards: Specifying what to expect and how to act if standards are not met
• Value: For the taxpayers’ money
• Accountability: Individuals and Organizations
• Transparency: Rules/Procedures/Schemes/Grievances

Indian Scenario: The Department of Administrative Reforms and Public Grievances in Government of India (DARPG) has been given the responsibility to coordinate, formulate and operationalize Citizen’s Charters. A comprehensive website on Citizen’s Charters (www.goicharters.nic.in) has been developed and was launched by DARPG on 31 May 2002. 

GRIEVANCE REDRESS SYSTEM

Definition: A ‘grievance’ is any sort of dissatisfaction made to an organization related to its products, services or process which needs to be redressed. 

Aim: Grievance redressal mechanisms have been set up to investigate the complaints and deliver effective resolutions.

Examples: In India, several grievance redress systems have been set by the central government, state government and various other organizations.

At the Union level- There are two primary designated nodal agencies for handling grievances.

• Department of Administrative Reforms and Public Grievances, Ministry of Personnel, Public Grievances and Pensions. The department has launched the Centralized Public Grievance Redress and Monitoring System (CPGRAMS) in 2007 to receive, redress and monitor grievances from the public. It provides facility to lodge a grievance online. 
• Directorate of Public Grievances, Cabinet Secretariat. 

Other institutions as Grievance Redress System are CVC, NHRC, SHRC, NCW, NCSC, NCST etc.

OMBUDSMAN

Definition: Ombudsman stands for an officer appointed by the legislature to handle complaints against administrative and judicial action.

Aim: To keep a watch over all public officials- civil, military, and judicial so that they work in accordance with the law.

Evolution: The institute of Ombudsman was first created in Sweden in 1809. Later it spread to Finland (1919), Denmark (1955) and so on.

Indian Scenario: The First Administrative Reforms Commission (1966-1970) recommended the setting up of two special authorities designated as ‘Lokpal’ and ‘Lokayukta’ for union and state level, respectively. Finally, in 2013, the Lokpal and Lokayukta Act came into being.

LOKPAL AND LOKAYUKTA

Meaning: Lokpal and Lokayukta are special authorities for the redressal of citizens’ grievances at the union and state level, respectively.

Evolution: Before the enactment of Lokpal and Lokayukta Act of 2013, the institution of Lokayukta was established first in Maharashtra in 1971 and later in many other states. First ARC (1966-1970) recommended the setting up of these two institutions.

Salient Features of Lokpal and Lokayukta Act of 2013 are:

• It seeks to establish the institution of Lokpal at the centre and the Lokayukta at the state.
• The States will have to institute Lokayukta within one year of the commencement of the Act.
• The Act also ensures that public servants who act as whistle-blowers are protected. 

Composition: It consists of a chairperson with a maximum of 8 members, of which 50% must be judicial members. 50% of the members of the Lokpal must come from amongst the SCs, STs, the OBCs, minorities and women. The President appoints members on the recommendation of the selection committee. Pinaki Chandra Ghose was appointed as the first chairperson of Lokpal in 2019.

Term: It is fixed at five years or till attaining 70 years of age. 

Jurisdiction and powers: Prime Minister (with some exceptions), Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government.

Limitations: Lokpal cannot suo motu proceed against any public servant. 

Structural variations: States like Rajasthan and Andhra Pradesh have created Lokayukta and Uplokayukta while some have only Lokayukta. Also, there is no uniformity regarding jurisdiction of Lokayukta in all the states. 

Since independence, these mechanisms, along with other institutions, have acted as a measure to ensure transparency, accountability, effectiveness and efficiency, the objectives of Good Governance. With time they are also being amended or replaced according to the needs of the citizens of the country. They have and still are playing a vital role in upholding the ideals of a true democracy.

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