Concept of Good Governance in Administrative Law
Concept of Good Governance in Administrative Law
1. Introduction
Good Governance is a broad and evolving concept that emphasizes the effective, transparent, accountable, and participatory functioning of government institutions and administrative agencies. It seeks to ensure that the exercise of governmental power is aligned with principles of justice, fairness, and the welfare of the people.
In the context of Administrative Law, good governance involves:
Fairness and transparency in administrative actions,
Accountability of public officials,
Responsiveness to citizens’ needs,
Rule of law and legality,
Participation and inclusiveness,
Efficiency and effectiveness in public administration.
2. Importance of Good Governance
Promotes public trust in administration.
Ensures accountability and prevents arbitrary use of power.
Encourages participation of stakeholders in decision-making.
Protects fundamental rights and promotes justice.
Improves service delivery and policy implementation.
Strengthens democratic values.
3. Principles of Good Governance in Administrative Law
Legality: Administrative actions must conform to law.
Transparency: Decisions and processes must be open and accessible.
Accountability: Officials must be answerable for their actions.
Participation: Citizens should have a role in governance.
Equity and Inclusiveness: Fair treatment for all groups.
Effectiveness and Efficiency: Optimal use of resources.
Responsiveness: Timely and appropriate response to public needs.
Rule of Law: Equal application of laws and justice.
4. Role of Judiciary in Promoting Good Governance
Judicial review to ensure legality and reasonableness of administrative action.
Enforcement of fundamental rights against administrative excesses.
Mandating transparency and disclosure.
Promoting accountability through writ jurisdiction.
Protecting principles of natural justice.
Encouraging participatory governance by protecting right to information and public interest litigation.
5. Key Case Laws on Good Governance
1. S.P. Gupta v. Union of India (1981) 2 SCC 87 (Judges’ Transfer Case)
The Supreme Court emphasized the importance of transparency and fairness in public appointments and transfers.
The Court held that secrecy and arbitrariness in administrative actions violate principles of good governance.
Open and transparent processes enhance public confidence.
2. Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
The Court recognized that autonomous bodies and statutory authorities are bound by principles of good governance.
The ruling emphasized accountability and transparency in functioning of government-aided institutions.
This case helped establish that bodies performing public functions must adhere to constitutional principles.
3. Common Cause v. Union of India (1996) 2 SCC 752
The Supreme Court directed the government to make the Right to Information a fundamental right to ensure transparency.
The judgment underlined that transparency and openness are indispensable to good governance.
Citizens must have access to government information to hold it accountable.
4. Vineet Narain v. Union of India (1998) 1 SCC 226
The case dealt with investigations into high-profile corruption.
The Court insisted on strict adherence to fair procedures, accountability, and independence of investigative agencies.
The decision reinforced the judiciary’s role in enforcing good governance and combating corruption.
5. Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545
The Court emphasized the need for balanced governance that protects the rights of the poor and vulnerable.
It recognized that administrative decisions must consider social justice and the right to livelihood.
Governance must be responsive and humane.
6. People’s Union for Civil Liberties v. Union of India (AIR 1997 SC 568)
This case involved police reform and highlighted the need for accountability and responsibility of law enforcement.
The Court laid down guidelines to improve policing in accordance with principles of good governance.
Emphasized accountability, professionalism, and respect for rights.
6. Judicial Tools to Enforce Good Governance
Writ Jurisdiction: Courts issue writs like certiorari, mandamus, prohibition, and habeas corpus to check administrative excess.
Public Interest Litigation (PIL): Allows citizens to seek judicial intervention for broader public good.
Judicial Review: To test legality, reasonableness, and procedural fairness.
Orders for Transparency: Courts have mandated disclosure of information under the right to information.
7. Conclusion
Good governance is an essential cornerstone of a functional democracy and effective administrative law. Courts in India have progressively enforced standards of transparency, accountability, fairness, and participation to ensure government actions serve the public interest and uphold constitutional values.
Judicial activism and interventions have expanded the horizon of good governance, making it an integral part of administrative decision-making and public administration.
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