Introduction
Today's legal and governance highlights coincide with Good Governance Day, emphasizing the constitutional and administrative frameworks that ensure accountability. The analysis covers the statutory mechanisms for governance (RTI, Citizen Charters), the legal framework governing human-wildlife conflict, and India's international aid commitments to Sri Lanka, which have implications for regional diplomatic conventions.
1. Governance & Administrative Law: Good Governance Day
Observed on the birth anniversary of former PM Atal Bihari Vajpayee, this day brings the focus on the legal instruments that enforce "Good Governance."
A. Statutory Frameworks for Accountability
Right to Information (RTI) Act, 2005: A cornerstone statute that legally mandates transparency. It transforms the relationship between the citizen and the state from "secrecy" to "openness."
Lokpal and Lokayuktas Act, 2013: The legal mechanism to combat corruption at high levels.
Citizen Charters: While not always legally justiciable, they represent a "promise of performance" by public authorities.
B. Constitutional Bodies Ensuring Governance
The analysis highlights the role of independent bodies created by the Constitution to maintain checks and balances:
Comptroller and Auditor General (CAG) (Article 148): Ensures financial accountability of the Executive to the Parliament.
Election Commission of India (Article 324): Ensures free and fair elections, the bedrock of democratic governance.
Union Public Service Commission (UPSC) (Article 315): Ensures merit-based recruitment, insulating the civil service from political patronage.
Finance Commission (Article 280): Ensures fiscal federalism and fair distribution of resources between Centre and States.
C. Good Governance Index (GGI)
Launched by: Department of Administrative Reforms & Public Grievances (DARPG).
Significance: A tool for "Competitive Federalism," encouraging states to improve legal and administrative delivery.
2. Environmental Law: Human-Wildlife Conflict (HWC)
A tragic train-elephant collision in Assam has reignited the debate on the legal protection of wildlife corridors.
A. The Legal Framework
Wildlife Protection Act (WPA), 1972: The primary statute protecting wildlife.
Section 9: Prohibits hunting.
Protected Areas: Establishes National Parks and Sanctuaries.
Biological Diversity Act, 2002: Focuses on conservation and sustainable use of biological resources.
B. Fundamental Duties
Article 51A(g): It is a fundamental duty of every citizen to "protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures."
C. Legal Gaps: "Corridors"
While "Protected Areas" (like National Parks) have strict legal boundaries, "Wildlife Corridors" (paths used by animals to move between habitats) often lack the same level of statutory protection, leading to conflicts like train accidents. The 2006 Amendment to the WPA introduced the concept of a "Tiger Conservation Plan" which includes corridors, but legal enforcement remains a challenge outside core areas.
3. International Relations: Aid to Sri Lanka
India has pledged USD 450 million for Sri Lanka's flood reconstruction.
A. Neighbourhood First Policy
Legal/Diplomatic Context: This assistance reinforces the "Neighbourhood First" policy. While not a treaty obligation, such "Humanitarian Assistance and Disaster Relief" (HADR) operations strengthen India's status as a "first responder" in the Indian Ocean Region (IOR), aligning with the SAGAR (Security and Growth for All in the Region) doctrine.
Key Legal Takeaways
Statute: Right to Information Act, 2005 (Key tool for Good Governance).
Constitutional Articles:
Article 51A(g): Duty to protect wildlife.
Article 148: CAG (Audit).
Article 324: Election Commission.
Article 315: UPSC.
Environmental Law: Wildlife Protection Act, 1972 (Governs HWC and Protected Areas).
Governance Tool: Good Governance Index (Released by DARPG).
Observance: Good Governance Day (Dec 25).
Frequently Asked Questions (FAQs)
Q1: Is "Good Governance" explicitly mentioned in the Constitution of India?
Answer: The term "Good Governance" is not explicitly mentioned. However, the principles are embedded in the Preamble (Justice, Liberty, Equality) and the Directive Principles of State Policy (Part IV), which direct the State to secure a social order for the welfare of the people.
Q2: Which body publishes the Good Governance Index (GGI)?
Answer: The Department of Administrative Reforms and Public Grievances (DARPG), under the Ministry of Personnel, Public Grievances and Pensions.
Q3: Can a citizen approach the court to enforce a 'Fundamental Duty' like Article 51A(g)?
Answer: Generally, Fundamental Duties are non-justiciable (cannot be directly enforced by writs). However, courts often look at them to interpret ambiguous statutes or when the State enacts a law (like the Wildlife Protection Act) to give effect to these duties.
Q4: Under which list of the Seventh Schedule does "Wildlife Conservation" fall?
Answer: It falls under the Concurrent List (Entry 17B). This means both the Parliament and State Legislatures can make laws regarding the protection of wild animals and birds. (Transferred from State List to Concurrent List by the 42nd Amendment Act, 1976).
Q5: What is the primary role of the National Centre for Good Governance (NCGG)?
Answer: It is an autonomous institution under DARPG that focuses on governance reforms, capacity building for civil servants (both domestic and international), and functioning as a think tank for governance issues.