Role of Judiciary in Good Governance

THE BHOPAL SCHOOL OF SOCIAL SCIENCES
UNIT V
Role of Various Agencies/Actors in the Inidan Context
The Indian Judiciary
• The Constitution framers in India ensured that the judiciary was independent to make
the promises of an independent nation a reality.
• The Indian judiciary is the guardian of the Constitution and should remain free from
coercion and political influence.
• Its function is vital to good governance as it safeguards fundamental rights and checks
abuses of state power.
Role of the Indian Judiciary
• Democratic governance relies on constitutional limits on government power.
• These limits include periodic elections, an independent judiciary protecting

citizens' rights, and mechanisms for redress of government actions.
• The judiciary resolves a wide range of disputes, including environmental, health,

human rights, gender justice, education, and police reforms.
• It assesses the constitutional validity of parliamentary laws.
• The Indian judiciary has contributed significantly to good governance through its
judicial precedents.
Judiciary and Good Governance
• Judicial Activism  precedents ensuring good governance
• Importance of fair treatment and human dignity. (Hussainara Khatoon v.

Home Secretary State of Bihar )
*Edited & Compiled for Students by:
KALYANI JAIN
Assistant Professor
Political Science (Humanities)
The Bhopal School of Social Sciences
Class : Political Science Subject : Good Governance
Unit : Unit V
• Custodial torture prohibited (D.K. Basu v. State of West Bengal)
• Vishakha guidelines  POSH Act
• Basic Structure Doctrine (Kesavananda Bharati v. State of Kerala)
• udicial Review  Tool for ensuring just and fair laws
THE BUREAUCRACY
• Bureaucracy translates policies and programs formulated by political authorities

into actionable plans
• It implements a government policy, take laws and decisions made by the

government officials and bring them into action.
• Citizens' quality of life depends on bureaucratic attitudes and performance.
• Effective, efficient, flexible, and responsive bureaucracy is vital for good

governance.
• Bureaucratic competence at all levels determines administrative system

performance.
• Bureaucrats should be bold, honest, and assertive in fulfilling their

responsibilities.
• Bureaucrats act as "catalytic agents of change" due to their education and

exposure.
The Indian Bureaucracy
• British Origins: The Indian Civil Service (ICS), established in 1858, was a key
institution that primarily served British colonial objectives.
• It was hierarchical, centralized, and aimed at extracting resources from India.

Unit : Unit V
• Post-Independence, the Indian Administrative Service (IAS) and other All India
Services were created, with a focus on nation-building and development.
• Under Prime Minister Jawaharlal Nehru, India adopted a planned economy

and emphasized state-led development.
• Bureaucracy played a central role in implementing the Five-Year Plans and

building infrastructure.
• The ‘Steel Frame of India’, a term used to describe the civil services, became essential
for governance.
• Bureaucracy being a professional, and skilled body of officials, has a major role to
play in governance process. It is responsible for:
• identifying major policy areas,
• preparing of policy proposals,
• analyzing alternative solutions,
• categorizing major policies into sub policies
• determining programs of action, to attain the laid down objectives
• Challenges and Modernization:
• Challenges: bureaucracy's perceived inefficiency, corruption, red tape.
• Modernization efforts: digitization, e-governance, and streamlining

administrative processes to improve service delivery.
• Administrative Reforms:
• India has periodically undertaken administrative reforms to improve

bureaucracy's efficiency and responsiveness.
• Various committees and commissions have made recommendations for

reforming the civil services.
Unit : Unit V
Committee on Civil Service Reforms (2004)
• Chairman: P.C. Hota, former UPSC Chairman and former Union Personnel Secretary.
• Aim: to examine the whole gamut of civil service reforms covering the All India
Services and the organised Group ‘A’ Central Services.
• Terms of References included:
• Making the Civil Service: responsive and citizen-friendly; transparent;

accountable; and ethical, in its actions and interface with the people.
• Making the Civil Service e-governance friendly.
• Protecting the Civil Service against wrongful pressure exerted by

administrative superiors; political executive; business interests; and other
vested interests.
• Review performance rigorously after 15 years of service, weeding out non-performing

officers.
• Departments should identify citizen interaction points, benchmark service quality, and
enhance grievance redressal mechanisms.
• Civil servants should spend time with NGOs, academic institutions, or the private
sector.
• Annual property returns of public servants should be made public.
• Suggested amendments to Article 311 of the Constitution to enable the dismissal of

corrupt officials.
• Emphasis on specifying service deliverables in government programs.
• Regular assessment of government offices interfacing with the public by independent

organizations.
• Establishment of Citizen Centers to analyze and suggest policy changes.

Unit : Unit V
• Streamlining government rules and procedures for transparency.
• Utilization of the National Informatics Centre (NIC) for sharing best practices.
• Encouraging and recognizing outstanding work by civil servants through awards.
• Proposing a comprehensive law for civil services, including a Code of Ethics and
statutory minimum tenure.
• Restricting retired higher civil service members from appointments in statutory

commissions or constitutional authorities.
Second Administrative Reforms (2005)
• Aim: to revamp public administration for proactive, responsive, accountable,

sustainable, and efficient governance at all levels.
• Chairman: Veerappa Moily, senior Congress leader and former Karnataka Chief
Minister.
• Recommendations included
• civil service reforms,
• decentralization of power,
• use of technology in governance (e-governance),
• improving the delivery of public services,
• enhancing the ethical standards of civil servants.
• It submitted 13 reports covering various aspects of public administration
• included RTI, Citizen-Centric Administration, Promoting e-Governance, etc.

Unit : Unit V

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THE BHOPAL SCHOOL OF SOCIAL SCIENCES

Role of Various Agencies/Actors in the Inidan Context

The Indian Judiciary

Role of the Indian Judiciary

• Democratic governance relies on constitutional limits on government power.

• These limits include periodic elections, an independent judiciary protecting

• The judiciary resolves a wide range of disputes, including environmental, health,

• It assesses the constitutional validity of parliamentary laws.

Judiciary and Good Governance

• Judicial Activism  precedents ensuring good governance

• Importance of fair treatment and human dignity. (Hussainara Khatoon v.

• Custodial torture prohibited (D.K. Basu v. State of West Bengal)

• Vishakha guidelines  POSH Act

• Basic Structure Doctrine (Kesavananda Bharati v. State of Kerala)

• udicial Review  Tool for ensuring just and fair laws

• Bureaucracy translates policies and programs formulated by political authorities

• It implements a government policy, take laws and decisions made by the

• Citizens' quality of life depends on bureaucratic attitudes and performance.

• Effective, efficient, flexible, and responsive bureaucracy is vital for good

• Bureaucratic competence at all levels determines administrative system

• Bureaucrats should be bold, honest, and assertive in fulfilling their

• Bureaucrats act as "catalytic agents of change" due to their education and

The Indian Bureaucracy

• It was hierarchical, centralized, and aimed at extracting resources from India.

• Under Prime Minister Jawaharlal Nehru, India adopted a planned economy

• Bureaucracy played a central role in implementing the Five-Year Plans and

• identifying major policy areas,

• preparing of policy proposals,

• analyzing alternative solutions,

• categorizing major policies into sub policies

• determining programs of action, to attain the laid down objectives

• Challenges and Modernization:

• Challenges: bureaucracy's perceived inefficiency, corruption, red tape.

• Modernization efforts: digitization, e-governance, and streamlining

• India has periodically undertaken administrative reforms to improve

• Various committees and commissions have made recommendations for

Committee on Civil Service Reforms (2004)

• Terms of References included:

• Making the Civil Service: responsive and citizen-friendly; transparent;

• Making the Civil Service e-governance friendly.

• Protecting the Civil Service against wrongful pressure exerted by

• Review performance rigorously after 15 years of service, weeding out non-performing

• Annual property returns of public servants should be made public.

• Suggested amendments to Article 311 of the Constitution to enable the dismissal of

• Emphasis on specifying service deliverables in government programs.

• Regular assessment of government offices interfacing with the public by independent

• Establishment of Citizen Centers to analyze and suggest policy changes.

• Streamlining government rules and procedures for transparency.

• Encouraging and recognizing outstanding work by civil servants through awards.

• Restricting retired higher civil service members from appointments in statutory

Second Administrative Reforms (2005)

• Aim: to revamp public administration for proactive, responsive, accountable,

• civil service reforms,

• use of technology in governance (e-governance),

• improving the delivery of public services,

• enhancing the ethical standards of civil servants.

• It submitted 13 reports covering various aspects of public administration

• included RTI, Citizen-Centric Administration, Promoting e-Governance, etc.

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