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THE BOOK EXPLAINS AN INTRODUCTION OF GOOD GOVERNANCE IN INDIAN DEMOCRACY AND IT ANALYSES THE ROLE OF POLITICAL PARTIES IN GOOD GOVERNANCE IN INDIA. IT HAS COVERED THE CONCEPT AND HISTORY OF GOOD GOVERNANCE IN INDIA, ITS ROLE IN DEMOCRACY, ROLE OF POLITICAL PARTIES IN GOOD GOVERNANCE AND EMERGING CHALLENGES OF THE FIELD. ANALYSIS OF JUDICIAL AND LEGISLATIVE INTERVENTIONS ARE INTERESTING ASPECTS COVERED IN THIS BOOK
Good governance is not a fundamental right under the Constitution of India. Did the makers of the Constitution presume that the framework and the institutional structure designed by them would ensure that the people got social, economic, and political justice, liberty of thought, expression, belief, faith, and worship, and equality of status and of opportunity? Why is Satyam missing from mainstream Indian activities, although the National motto Satyameva Jayate is ubiquitous as part of the National Symbol, appearing in all national documents, including in currency notes? The perceived charm of the office of the District Officer is a major factor in attracting some of the brightest and most diligent among the Indian youth to the Indian Administrative Service. But should young graduates spend their energy in the prime of their youth on preparation for the Civil Services Examination, the chances of success being statistically low? Should professionally qualified persons attempt to join the Civil Services, with the risk of becoming professionally unfit with the passage of time if they do not succeed? These questions are only incidental. The book discusses key governance issues from an unbiased perspective.
Absolute power is an anathema to our Constitution, even if it is to be wielded by the judiciary. But, India is witnessing a very unusual phenomenon, not visualised by the founding fathers of the Constitution, of judiciary becoming not just the central pillar but the only pillar of our democracy. No great wisdom or foresight is necessary to see the instability and unsustainability of this architectural marvel.
The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights. This important and timely work adopts a new approach for analysing corruption—corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong.
Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
Provides an account of appointments, transfers, impeachment, and post-retirement employment of Supreme Court judges in India. Each of these facets leads to the critical questioning of judicial independence and accountability, and the book argues that they are not in conflict with each other and are crucial for an effective judiciary.
Judicial institutions evolved in India in the context of India’s social, economic and political conditions and because of the reception of legal concepts and institutions known to English and Scottish judges, lawyers and administrators. Modern Indian judiciary bears the hallmarks of its genesis and evolution during the British rule but it has progressively gone for beyond the colonial confines after the republican Constitution came into force. The theme of fundamental Rights and the role of the Supreme Court and the High Courts as vigilant custodians of fundamental rights are at the heart of India’s constitutional democracy. We owe a deep debt of gratitude to our apex judicature, the higher judiciary and the country’s bar in the evolution of the common law of the Constitution. It constitutes by common consent a remarkable chapter in our national life. H v H The Constitution of India is not the last word in human wisdom, but it was certainly a glorious achievement of national consensus and national commitment. The higher Indian judiciary can be said to have broadly fulfilled its constitutional ethos. There have been aberrations, notably during the Emergency and in some cases, of overstating and unduly enlarging the scope of judicial power. More seriously, there are grave and growing problems of inefficient case management, arrears, delays, corruption and incompetence. Those issues have to be addressed urgently, effectively and comprehensively if the Indian judiciary is to emerge as a fit instrument for Rule of Law for the teeming millions in the largest democracy in the world and if the Indian judiciary is to flourish in the twenty-first century holding its head high as an institution of freedom, liberty and balance, with a commitment to the constitutional goals and aspirations of We the People of India.
In Indian context.