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Rajesh Kumar (Advocate)     07 August 2008

Good Governance

Can it be argued that "Good Governance" is an enforceable Fundamental Right in the Constitution of India? Does Right to life includes "good governance"? Can a bad government is unreasonable exercise of power, violating Article 14? Can it be argued that bad government cannot bring into social, economic and political justice, tehreby violating the basic structure of the Constitution? 



 6 Replies

Manish Singh (Advocate)     07 August 2008

Dear Sir,

a woderful topic.

In my view we can definitely argue that good governance is our fundamental right under art 21 since it has already been interpreted under art 21 that right to life does not only mean to breathe and keep alive but to have proper food, education etc ad all other factors which should be there for a person to live a happy life.  and its the govt duty to provide all these conditions of life to the citizen.

so the govt is infact bound to provide all these facilities, so in that case if we do not have a good government working for our needs, it is like going against our fundamental right.

but again, ultimate pwer to have the said govt in force or not, resides with the citizen, so it would be difficult to invoke the  contention that its violative of art 14. 

Vikram Chandra (Advocate)     07 August 2008

Dear Sirs,

     As & when an individual's fundamental rights are effected then definetely they are subject to judicial scrutiny and he/she can raise her voice and can seek the remedy in the court of law. But how to effectively prove regarding the bad governance ? For instance recent political activity in the parliament by UPA Government which was on telecast even by the news channels was only a news item and restricted to the discussion forum. Did anybody took the issue upto the court of law. I feel that instance as one of the best example for bad governance which started from the law making authority. Further, how to curtail such type of things if we being the professionals cannot  join hands and raise the issues which are of national interest and public importance, how can a common man will raise such issues before the courts. Let us be the active watch dogs thru these forum and let us work out some solutions for such major problems which are being increased and are being addicted and accepted as part of life. Any suggestions and opinions on the issue and indepth analysis on such instances should be worked out on a proper lines and we should all see that really justice prevails.


H. S. Thukral (Lawyer)     08 August 2008

Dear Mr. Rajesh Kumar

The topic raised by you is an interesting one but we have to remember that in a democracy  the Government is by the people; of the people and for the people. People are given a chance to elect a good governor or a bad governor. The election; the voting is a fundamental right which unfortunately is not being used by people to bring in good governors. How then in a democracy we can enforce a fundamental right of good governance.  Courts can not direct the people to vote for a particular person.

It requires amendments in the Representation of people Act and provision to call back a representative who does not perform., a provisions to provide a qualification educational or otherwise befitting a legislatures  should be made. Criminal law should be amended to provide capital/harsher  punishment to persons in position who misuse  the same . There should be a compulsory subject on democracy in schools to teach the students about the precious value of a vote and its consequences.

Not withstanding what I have said the judiciary has become active to look in to bad gvernance and number of PIL are entertained by the courts every day. Appointments of monitoring committees over the MCD by Delhi High Court and Supreme Court  on the issue of illegal construction and encroachment of public land are few instances of enforcement of  right of good governance.

Kiran Kumar (Lawyer)     09 August 2008

certainly good governance is our fundamental right......but the trouble what are the parameters of good governance?

India being a multi religious, multi ethinic nation there could be different interpretation of expression GOOD India, with due respect, every one intends to be a NETA but unfortunately we have not been able to set the strict discipline for ourselves.

if all the fundamental rights granted under the Constitution of India are enforced properly, the corruption is put to halt and simultaneously all the citizens adhere to their fundamental duties as well, then it will only create a situation of GOOD GOVERNANCE.

The idea is we are also supposed to change ourselves.

So what do u say?

shamit sanyal (advocate)     16 August 2008

but the problem that remains is who is going to do so ,because the term remains relative,say x no of people are happy under the A government

but y no is not

for them it will become a violation of fundamental right

but x no of people will say that we are happy and no breech took place.

Now in that y no of people you have say B,C,D political parties,

in the next term when B comes to power ,z no of people from earlier y no of people will fill happy

on the other hand (y-z)+ x no of people will now become vocal about the term good governance.

In my openion good Governance is a collective term for all the fundamental and legal rights as enshrined in constitution

so in any way when ever there is a violation of rights we can file a specific case to invoceArticle 32/226 as and when required.

In my openion this is the reason why such can not form a part of the fundamental right.

thanks for the topic .

B.N.Rajamohamed (advocate / commissioner of oaths)     22 April 2009

when a government works in such a way of destroying the basic structure of the constitution the courts have a wide jurisdiction to interfere especially the supreme court.

Right to life includes so many criteria  under artice 21 of the constitution. But I am also in need of a relevant judgement of the supreme court of India on this aspect.

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