Governance

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Governance is the act of governing. It relates to decision that define expectations, grant power,
or verify performance.
It consist of either a separate process or part of decision making or leadership processes. In
modern nation states, these processes and systems are typically administered by a
government.
When discussing governance in particular organisations, the quality of governance within the
organisation is often compared to a standard of good governance.
In the case of a business or of a non profit organization, governance relates to consistent
management, cohesive policies, guidance, process and decision rights for a given area of
responsibility.
For example, managing at a corporate level might involve evolving policies on privacy, on
internal investment and on the use of data.
To distinguish the governance from government: governance is what a governing body
does.
It might be a geo political entity (nation - state), a corporate entity (business entity), and a
socio political entity (chiefdom, tribe, family, etc.).
Or any number of different kinds of governing bodies, but governance is the way rules are set
and Implemented

ASPECTS OF GOVERNANCE
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Participation: All men and women should have a voice in decision making, either directly or
through legitimate intermediate institutions that represent their interests.Such broad
participation is built on freedom of association and speech, as well as capacities to participate
constructively.
Rule of law: Legal frameworks should be fair and enforced impartially, particularly the laws of
human rights.
Transparency: Transparency is built on the tree flow of information. Processes institutions and
information are directly accessible to those concerned with them, and enough information is
provided to monitor them.
Responsiveness: Institutions and processes try to serve all stakeholders.
Consensus orientation: Good governance mediates differing interests to reach a broad
consensus on what is in the best interest of the group and where possible, on policies and
procedures.
Equity: All men and women have opportunities to improve or maintain their well being.
Effectiveness and efficiency: Processes and institutions produce results that meet needs while
making the best use of resources.
Accountability: Decision makers in government, the private sector and civil society
organisations are accountable to the public, as well as to institutional stakeholders.

Creating the conditions for good governance

Given the characteristics of good governance, its implications and the relevance to public sector reform
within small developing nations, governments must create and sustain the condition necessary for good
governance within their respective territories.
Conditions for good governance
1. Create and adapt basic legislation and institutions that guarantee political and economic freedoms
as well as strive to meet a broader range of basic human needs (food, housing, health and Medicare,
education etc.)
2. Relax regulations in order to remove obstacles to economic participation.
3. Improve financial management
4. Build infrastructure to ensure that organisational capacity is available to handle the growing needs
for services, increasing demands for better and more responsive services and creating conditions for
economic progress and social cohesion.
5. Train public officers, business people and entrepreneurs. With the improvements in access to
education brings the challenges of rapid changes in many knowledge areas therefore government
must institute
6. An ongoing development programme for its human resources to ensure that they are equipped with
necessary skills.
7. Reform public management practices to address issues such as budget deficits, external pressure on
competitiveness (globalization), adequate work procedures, excessive centralization, inflexibility, lack
of efficiency and perceived lack of public confidence in government.
8. Freedom from distortionary incentives through corruption, nepotism, patronage or capture by
narrow private interest groups.
9. Accountability of politicians and civil servants to ensure that the power given to them through the
laws and regulations they implement.
10. Resources they control and the organizations they manage is used appropriately and in accordance
with the public interest.
Accountability and Transparency
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The term accountable came into usage in the English language in 1583, the oxford dictionary
defines it as liable to be called to account, responsible (to, for).
Similarly, the Websters dictionary defines it as liable to be called on to render an account.
Thus the concept of accountability connotes the obligation of the administrators to give a
satisfactory account of their performance and the manner in which they have exercised power
conferred on them.
Its main aim is to check wrong and arbitrary actions and increase efficiency and effectiveness of
administrative process.
The two terms administrative accountability and administrative responsibility are very often
used interchangeably.
Responsibility refers to the public servants responsiveness to public will, whereas
accountability denotes the specific methods and procedures to enforce the public servants
responsibility.
In a constitution and democratic system government, administrative responsibility cannot be
allowed to depend solely on the personal responsibility procedural basis.

This basis of enforcing responsibility is known accountability.

Control
Administrative accountability is enforced by means of various controls. In other words, it
involves devising control mechanism to keep the administrative under a close watch and in
check.
Thus, the public servants are made accountable to different agencies which exercises control
over them.
The purpose of control is to ensure that the public servants exercise their powers and discretion
in accordance with laws, formal rules and established procedures and conventions.
The external control over administration is exercised by the following four agencies:
a) Legislature
b) Executive
c) Judiciary
d) Citizen
Legislative control
In any representative democratic government, whether Parliamentary or Presidential, the
legislature is the supreme organs of the government as it consist of the representatives of the
people.
It reflects the will of the people and acts as a custodian of the representative people.
Hence it exercise control over administration to hold it accountable and responsible.
The parliamentary system of government prevalent n India is based on principle of collective
responsibility.
It means that the ministers are responsible to the parliament for their policies and actions.
Thus the legislative control over administration under such a system is only indirect, that is
through ministers.
The various techniques/methods/tools of parliamentary control are as follows:
Law making
It is the primary function of the Parliament; the parliament lays down the policies of the
government by making (enacting) or changing (amending) or cancelling (repealing) the laws.
Parliamentary laws determine and condition the organisation and condition the organisation,
structure, powers, functions and procedures of the administration.
Question Hour (Interpellations)
The first hour of every parliamentary sitting is slotted for this. During this time, the MPs ask
questions and the ministers usually give answers.
The questions are of three kinds, viz. Starred, unstarred and short notice.

starred question is one which is distinguished by an asterisk. It requires an oral answer hence
supplementary questions can follow.
unstarred question, on the other hand is one which is not distinguished by an asterisk. It
requires a written answer and hence, supplementary questions cannot follow.
short notice question is one which is asked by giving a notice of less than ten days. It is
answered orally.
Questions (or interpellations) are effective tools of legislative control over administration and
keeps the civil service alert and on its toes.

Zero Hour
Unlike the question Hour, the zero hour is not mentioned in the rules of procedure. Thus it is an
informal device available to the members of the Parliament to raise matters without any prior
notice.
The zero hour starts immediately after the question hour and lasts until the agenda for the day
(i.e. regular business of the house) is taken up.
Half an Hour Discussion
It is meant for raising a discussion as the time allotted for such discussion on a matter of
sufficient public importance which has been subjected to a lot of debate and the answer to
which needs elucidation on a matter of fact.
Short duration discussion
It is also known two hour discussion as the time allotted for such a discussion should not
exceed two hours.
The members of the parliament can raise such discussion on a matter of urgent public
importance.
Calling Attention
It is a notice introduced in the Parliament by a member to call the attention of a minister to a matter
of urgent public importance and to seek an authoritative statement from him on that matter.
Adjournment Motion
It is introduced in the Parliament to draw attention of the house to a matter of urgent public
importance.
This motion needs the support of 50 members to be admitted. As it interrupts the normal
business of the House. It is regarded as an extraordinary device.
No Confidence Motion
Article 75 of the Constitution states that the Council of Ministers shall be collectively
responsible to the Loksabha.

 It means that the ministry stays in office so long as it enjoys confidence of the majority of the
members of the Loksabha.
In other words, the Loksabha can remove the ministry from office by passing the No
Confidence Motion. The motion needs the support of 50 members to be admitted.
Budgetary System
The parliament controls the revenues and expenditures of the government through enactment
of the budget.
It is the ultimate authority to sanction the raising and spending of government funds. It can
criticise the policies and actions of the government and point out the lapse and failures of
administration during the process of enactment of the budget.
Audit System
The Comptroller and Auditor General of India (CAG), on behalf of the Parliament, audits the
accounts of government and submits an annual Audit Report about the financial transactions of
the government.
The report of CAG highlights the improper illegal, unwise, uneconomical and irregular
expenditure of the government.
Public Account Committee
The committee was set up first in India in 1921 it consist of 22 members (15 from Loksabha and
7 from the Rajyasabha).
The members are elected by the Parliament every year from amongst its members according to
the principle of proportional representation by means of the single transferable vote.
The function of the committee is to examine the annual audits reports of the CAG which are
laid before the parliament by the President.
In this function, the committee is assisted by the CAG.

Estimates Committee
The first estimate committee in the post independence era was constituted in 1950 on the
recommendation of John Mthai the then finance Minister.
Originally, it had 25 members but in 1956 its membership as raised to 30. All the thirty members
are from Loksabha only.
The function of the committee is to examine the estimates included in and suggest economies
in public expenditure.
Committee on Public Undertakings
This Committee was in 1964 on the recommendation of the Krishna Menon Committee.
Originally it had 15 members (10 from the Loksabha and 5 from the Rajyasabha). But in 1974, its
membership was raised to 22 (15 from the Loksabha and 7 from the Rajyasabha).

The functions of Committee are:

o To examine the reports and accounts of public undertakings
o To examine the reports, if any, of the CAG on public undertakings.
o To examine in the context of autonomy and efficiency of public undertakings, whether t he
affairs of the public undertakings are being managed in accordance with sound business
principles andprudent commercial practices.
o To exercise such other functions vested in the Committee on public Accounts and the
Committee on Estimates in relation to public undertakings as may be allotted to the committee
by speaker from time to time.
Departmental Standing Committees
The functions each of the standing committees are:
o To consider the demands for grants of the concerned ministries/ departments and make a
report on the same to the Houses.
o The report shall not suggest anything of the nature of cut motions.
o To examine bills pertaining to the concerned ministries/ departments and make report thereon.
o To consider annual reports of ministries/departments and make reports thereon.
o To consider national basic long term policy documents presented to the Houses, and make
reports thereon.

Executive Control
It means the control exercised by the chief executive (political executive) over the functioning
of bureaucracy. Such control in the USA is exercised by the president and his secretaries
In India and Britain by the cabinet and ministers (individually).
In parliamentary government the cabinet is collectively responsible to the parliament for its
policies and actions.
Each minister is also individually responsible for the acts of omission and commission in his
Ministry/department.
In other words, ministerial responsibility is the basic features of the parliamentary
government.
For this very reason the political executive (cabinet and ministers) exercise control over
administration.
Political Direction (policy - making)
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In India, the cabinet formulates administrative policies and enjoys the power of direction,
supervision and coordination with regards to its implementation.
Through political direction, the minister controls the operations of administrative agencies
working under his ministry/departments.
The departmental officials are directly and totally responsible to the minister.

Budgetary System
o The executive controls the administration through budgetary system. It formulates the budget,
gets it enacted by the parliament.
o It also allocates the necessary funds to the administrative agencies to meet their expenditure.

Appointment and Removal (Personnel Management and Control)

This is the most effective means of executive control over administration. The executive plays an
important role in personnel management and control and enjoys the power of appointment and
removal of top administrators.
Delegated Legislation
The parliament makes laws in skeleton forms and authorise the executive to fill in minor details.
Therefore, the executive makes rules, regulations and byelaws
These have to be observed by the administrators in execution of the law concerned.

Ordinances
The constitution of India authorise the chief executive, that is, the President to promulgate
ordinances during the recess (interval) of Parliament to meet situation demanding immediate
action.
An ordinance is as authoritative and powerful as an act of Parliament and hence, governs the
functioning of administration.
Civil Service Code
The executive has prescribed a civil service code to be observed and followed by the
administrators in the exercise of their official powers.
It consists of a set of conduct rules which prevent the administrators from arbitrary use of
their powers for their personal ends.
Staff Agencies
The executive also exercise control over administration through staff agencies. The important
staff agencies in India are the Department of administrative Reforms, the Cabinet Secretariat and
the Prime Ministers Office.

JUDICIAL CONTROL
The controls exercised by the courts over the administrative acts are called judicial control. In
other words it means the power of the courts to keep the administrative acts within the limits of
law.
It also implies the right of an aggrieved citizen to challenge the wrongful acts of administrators
in a court of law.
The primary objective of judicial control over administration is the protection of the rights and
libarties of citizen by ensuring the legality of administration.

Basis
The judicial control over administration emanates from the concept of rule of law which is a
cardinal feature of British Constitution as well as the Indian Constitution.
Scope (Grounds)
The Judiciary can intervene in the administrative acts under the following circumstances
Lack of jurisdiction, that is, when the administrator acts without authority or beyond the scope
of his authority or outside the geographical limits of his authority. It is technically called
overfeasance (excess authority).
Error of law, that is, when the administrator misinterprets the law and thus imposes upon the
citizen, obligations which are not required by the content of law. It is technically called
misfeasance.
Error in fact finding, that is, when the administrator makes a mistake in the discovery of facts
and acts on wrong presumptions.
Abuse of authority that is when the administrator uses his authority (or power or
discretion)vindictively to harm some person. It is technically called malfeasance.
Error of procedure that is when the administrator does not follow the laid down procedure. The
citizens who are affected by the above cases can seek the intervention of judiciary in the
administrative acts.
The judiciary exercise control over administration through the following methods or techniques.
Judicial Review
It is the power of courts to examine the legality and constitutionality of administrative acts.
On examination, if they are found to be violative of the constitution (ultra vires), they can be
declared as illegal, unconstitutional and invalid by the courts.

Statuary Appeal
The parliamentary statue (i.e. law or act) may itself provide that in a specific type of
administrative act, the aggrieved citizen will have the right of appeal to the courts.
Suits against Government
In India, article 300 of the constitution governs the suitability of the state. It states that the
Union Government and State Government can be sued, subject to the provisions of the law
made by the Parliament and the state legislature respectively.
The state is suable in contracts, this means that the contractual liability of the Union
Government and the state governments is same as same that of an individual under the
ordinary law of contract.
However, in case of torts the position is different (a tort is wrongful action or injury for which a
suit for damages lies) in this regard, a distinction is made between the sovereign and non
sovereign functions of the state.
The state, for the tortuous acts of its servants, can be sued only in case of its non - sovereign
functions but not in case of its sovereign functions.

Suits against Public Officials

In India the president and the state governors enjoy personal immunity from legal liability for
their official acts.
During their term of office, they are immune from any criminal proceedings, even in respects of
their personal acts.
They cannot be arrested or imprisoned. However, after giving two months notice civil
proceedings can be instituted against them during their term of office in respect of their
personal acts.
The ministers do not enjoy such immunities such immunities and hence they can be sued in
ordinary courts like common citizens for crimes as well as torts.
The civil servants are conferred personal immunity from legal liability for official contracts by
article 299 of the constitution of India.
In other cases, the liability of the official is the same as any ordinary citizen.
Civil proceedings can be instituted against them for anything done in their official capacity after
giving a two months notice.
As regards criminal liabilities, proceedings can be instituted against them for acts done in their
official capacity with prior permission from the government.

Citizen and administration

Modern democratic states are characterised by welfare orientation. Hence, the government has
come to play an important role in the socio economic development of the nation.
This resulted in the expansion of bureaucracy and multiplication of administrative process,
which in turn increased the administrative power and discretion enjoyed by the civil servants at
different levels of the government.
The abuse of this power and discretion by the civil servants opens up scope for
harassment,malpractices, maladministration and corruption.
Such a situation gives rise to citizens grievances against administration. Different countries have
evolved various institutions to deal with such situations.
Some important are:
1) The Ombudsman System
2) The Administrative Courts System
3) The Procurator System
The institution of ombudsman was first created in Sweden in 1809. Ombud is a Swedish term
and refers person who acts as the representative or spokesman of another person.
According to Donald C. Rowat. Ombudsman refers to an officer appointed by the legislative to
handle complaints against administrative and judicial action.
Another unique institutional device created for the redressal of citizens grievances against
administrative authorities is the French system of Administrative courts.
Due to its success in France, the system has gradually spread too many other European and
African countries like Belgium, Greece and Turkey.

Anti Corruption
The existing legal and institutional framework to check corruption and redress citizens grievances in
Indiaconsist of the following:

1. Public Servants (Enquiries) Act, 1850

2. Indian Penal Code, 1860
3. Special Police Establishment Act, 1946
4. Prevention of Corruption Act, 1947
5. Commission of Inquiry Act, 1952 (against political leaders and eminent public men)
6. All India Services (Conduct) Rules, 1954
7. Central Civil Services (Conduct) Rules, 1955
8. Railways Services (Conduct) Rules, 1955
9. Vigilance organisations in ministries/ departments attached and subordinate offices and public
undertakings
10. Central Vigilance Commission, 1964
11. State Vigilance Commissions, 1964
12. Anti corruption bureaus in States
13. Lokayukta (Ombudsman) in states

Central Bureau of Investigation

The central bureau of investigation was set up in 1963 by a resolution of the ministry of Home
Affairs.
The CBI is the investigating agency of the central government. It plays an important role in
preventing corruption and maintaining integrity in administration.
It also provides assistance to the central vigilance commission.

The functions of CBI are:

Investigating cases of corruption, bribery and misconduct of the Central government employees.
Investigating cases relating to infringement of fiscal and economic laws that is breach of
lawsconcerning export and import control.
Customs and central excise, income tax, foreign exchange regulations and so on. However, such
cases re taken up either in consultation with or at the request of the department concerned.
Investigating serious crimes committed by organised gangs of professional criminals, having
national and international ramifications.
Coordinating the activities of the anti corruption agencies and the various state police
forces.Taking up, on the request of a state government, any case of public importance for
investigation.
Maintaining crime statistics and disseminating criminal information.

Central Vigilance Commission

The central vigilance commission is the main agency for preventing corruption in the Central
Government. It was established in 1964 by an executive resolution of the Central Government.
Its establishment was recommended by the Santhanam Committee on prevention of Corruption
(1962 -64).
The CVC is a multi member body consisting of a central vigilance commissioner (chairperson)
andnot more than two vigilance commissioners.

The functions of the CVC are

o To inquire or cause an inquiry or investigation to be conducted on a reference made by the
central government wherein it is alleged that a public servant being an employee of the central
government
o Or its authorities, has committed an offence under the Prevention of Corruption Act, 1988.
o To inquire or cause an inquiry or investigation to be conducted into any complaint against any
officialbelonging to the below mentioned category of officials wherein it is alleged that he has
committed an offence under the prevention of corruption act, 1988.
Members of all India services serving in the union and Group A officers of the Central
government
Specified level of officers of the authorities of the central government.
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To exercise superintendence over the functioning of Delhi Special Police Establishment (which is
part of central bureau of Investigation) in so far as it relates to the investigation of offences
alleged to have been committed under the prevention of corruption act, 1988.
The Delhi Special police establishment is required to obtain the prior approval of the Central
government before conducting any inquiry or investigation into an offence committed by the
officers of the rank of joint secretary and above in the Central government and its authorities.
The central government is required to consult the CVC in making rules and regulations governing
the vigilance and discrepancy matters relating to the members of central cervices and All India
Services.

Lokpal
The administrative reforms commission (ARC) headed by Moraji Desai submitted a special
interim report on problems of redressal of Citizens Grievances in 1966.
In this report, the ARC recommended the setting up of two special authorities designate as
Lokpal and Lokayukta for the redressal of citizens grievances.
These institutions were to be set up on the pattern of the institution of Ombudsman in
Scandinavian countries and the parliamentary commissioner for investigation in New Zealand.
The lokpal would deal with complaints against ministers and secretaries at central and state
levels, and the Lokayukata (one at the centre and one in every state) would deal with
complaints against other specified higher officials.