LBR Law College: Law College in Varanasi

Upholding the Spirit of the Constitution: Pathways to Good Governance

Good governance is a continuous process, and progress of India certainly depends on sustained efforts from all stakeholders. The constitutional institution like election commission needs to strengthen electoral process with the introduction of more accurate proportional representation and motivating with more electoral turnouts. Even though whenever and where ever, executive action have fallen short, the judiciary has emerged as the harbinger of social justice through progressive interpretations. Still, the increased accessibility to justice system remains the taboo to effective judicial system till date. Besides, there is a need of ensuring the independence of judiciary by allowing it to function without undue influence or interference and safeguard it’s autonomy. As, India is governed by the Constitution, the legislature makes the law, the judiciary interprets the law and the executive consisting of both the permanent bureaucracy and political executive implement the law, the administrative reforms need to be accountable. Issues of reverse discrimination (discrimination against those who has discriminated) and lateral entries in bureaucracy need to be raised and discussed. No accountability means are relevant until we rely on ethical practices in administration. Ethics means moral codes of conduct. Any society when it develops has to observe certain codes of conduct. Otherwise a society cannot progress. These ethical practices can only prevail with legislative reforms promoting transparency parliamentary oversight which should not be restricted to physical structure of parliament but outreach to online platforms for citizen engagement and adopt holistic approach to ensure that democratic institutions remain responsive, accountable, and effective in serving the public interest. Tools of transparency and accountability need to have more effective rather than being ornamental instruments of democracy. Decentralization of power has been the core of constitution which should extend to all three factions viz. administrative decentralization, fiscal decentralization and political decentralization. Decentralization empowers marginalized communities and women. It ensures their representation and participation in decision-making processes. Efficient service delivery is another crucial aspect of decentralization. Decentralization helps welfare programs and services to perform better. The local government responds faster to local issues. Several other methods can complement decentralization which can focus on improving governance structures, streamlining processes, and leveraging technology.

The Indian constitution lead to many initiatives like adopting equity and equality policies in staging the statutes to redress recurring historical social injustices. Many social legislatures lead to empowerment of marginalised groups like women, labours upholding the basic social and human values. India’s rich diaspora of social transformations is inseparably linked to the dynamic evolution of law. Legal interventions have played a pivotal role in addressing issues such as gender inequality, caste discrimination, and economic disparities. As equity aims to balance the inequality and promote equal access of opportunities and resources to all, it should be considered the allocations of such resources and opportunities may not lead to reverse discrimination. Implementing equity requires thoughtful design and execution to ensure fair treatment across all sections of a population or organization. No section should feel betrayed or biased that there part of share is snatched and allocated to others in providing equity. Periodical assessment of the impact of policies and practices of the state are crucial in upholding the spirit of Constitution. Directive Principles of State Policy serve as a moral and constitutional compass, directing the state to achieve holistic development and social justice. Their effective implementation strengthens governance and upholds the principles of democracy, justice, and welfare enshrined in the Constitution. These principles have guided the state for framing laws and policies aimed at achieving social, economic, and political justice, fostering equity, and ensuring the welfare of all citizens. Though not enforceable by law, they embody the ideals of good governance and act as a benchmark for measuring the performance of governments. The Uniform Civil Code, an important embodiment to uphold the spirit of Constitution if enacted , will deal with the personal laws of all religious communities relating to marriage, divorce, adoption, custody of children inheritance, succession to property etc. which are all secular in character of Indian state and to enhance fraternity of unity among citizens by providing them with a set of personal laws which incorporates the basic values of humanism. Marching towards centennial year of independence, still we are way behind the goals of these provisions of our Constitution.

As societal norms and values shift, law must adapt to reflect these changes, ensuring that it remains a relevant and effective tool for social progress. In a healthy growth model of the democratic society the government is just a participant. Indeed the government alone cannot solve all the problems of society. Government changes ,so should the governance. Governance is broader concept involving civil society and public sector. With the help of regulation over the non state actors and giving autonomy to them can achieve the development goals. Everything changes except the rule of change. And the life of a State or a socio-political system is not an exception to this rule. They are essentially dynamic, living and organic systems. The political, social and economic conditions change relentlessly. Social mores and ideals change from time to time creating new problems and altering the complexion of the old ones. This change is not essentially always in positive directions, there could always be changes which are not desirable and are essentially negative in character. The vicissitude of life process moves in strangest of ways. Effectiveness of law can only be achieved when law itself evolves with the society. Political will and institutional commitment are critical components of good governance. They provide the foundation for creating, implementing, and sustaining policies and practices that promote transparency, accountability, inclusiveness, and effectiveness. Political will sets the vision for good governance, while institutional commitment ensures its realization through effective and sustainable mechanisms. Both are indispensable for achieving long-term development and public trust. Likely, citizen engagement is the cornerstone of good governance. It will ensure that governance is people-centered, responsive, and sustainable while fostering culture of shared responsibility. Thus, the triangular relationship between law , social change and governance is a dynamic and ongoing process, shaped by the evolving needs and aspirations of society.

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