India’s polity has been built around the basic principles of democracy, sovereign powers vesting in the people, justice to all, liberty of thought and expression and dignity of the individual. To exercise these rights, the individual citizen must be assured by the State full protection and security of his person and freedom of action under the Rule of Law.
Mahatma Gandhi wrote in Young India on 1 August 1920: “The true test of democracy is the ability of anyone to act as he likes, as long as he does not injure the life and property of others.”
Writing in Harijan in 1942, he went further “My concept of freedom is no narrow conception. It is co-extensive with the freedom of man in all its majesty.”
Jawaharlal Nehru while moving the Resolution Re: Aims and Objects of the Constitution in the Constituent Assembly on Friday, 13 December 1946 inter alia began by declaring the firm and solemn resolve to draw up for India’s “future governance a Constitution”: “Wherein all power and authority of Sovereign Independent India, its constituent parts and organs of government are derived from the people” and.”Wherein shall be guaranteed and secured to all the people of India, justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, association and action subject to law and public order. Supporting the Resolution three days later on Monday 16 December 1946, Srikrishna Sinha stated in the Constituent Assembly “that India of the future is to be a democratic and decentralised republic in which the ultimate sovereignty is to lie with the people.” Founded on these principles, the Republic and the Constitution began their journey on 26 January 1950. More than 60 years later in 2010, the ground reality is depressing. The Indian Citizen has not experienced the dawn of freedom or transfer of power to his hands and continues to be in fetters and not free. In fact, ordinary citizens still feel treated like *subjects’ (as under the colonial rule) and have not become sovereign masters in a democratic republic. The Problem The nation is passing through critical times. Our political system is under severe strain.

Faith of the people in the quality, integrity and efficiency of governmental institutions stands seriously eroded. There has been a steep fall in the standards of conduct in public life and administration. There is a crisis of character and values in politics and public administration. Growth of a certain cynicism towards normal democratic processes and an erosion in the respect for political parties, politicians, legislators and civil servants, present a disturbing scenario. The source of many of our maladies is in the disregard of the interests of the citizen and in the absence of good governance, both at the Union and State levels. The problem essentially lies in the inability of the principal organs of government viz the Union and State Legislatures, the Executive and the Judiciary to perform their essential functions of “governance? specified in the Constitution. Basically, the state has failed to ensure the safety, security, and freedom of the individual citizen. The obviously increasing disconnect between the people and politics and the visible anger against abuse and misuse of state power and authority by the “organs of government” and their functionaries have led to great dissatisfaction, rise of extremism and potential for social turmoil and violence.  The principal organs of government have become self-serving and unaccountable institutions indulging in gross corruption of public funds and bribery. They are averse to getting the rights of the citizens even recognized, leave alone enforced. Lack of accountability, transparency and adequate performance of their key governance functions have put a question mark on their very legitimacy. The problem is compounded by the fact that despite the clear specification of the role of these organs, under the existing provisions of the Constitution, the citizens have no effective mechanisms available to check their abuse. At the core of all the problems are the Legislatures and the existing electoral system. The political parties do not have any constitutionally provided accountability. Majority of those elected gain entry into the Legislatures with minority of votes cast. The numbers of persons with criminal antecedents entering the Legislatures, including the Lok Sabha, through use of money and muscle power, show an alarming increase. Since the legislature is the principal repository of the state power and in a parliamentary polity, it includes the executive and is supposed to oversee its functioning, it cannot be absolved of its responsibility for the malpractices in the functioning of any key executive authority whether it is the police, the security forces, the bureaucratic apparatus or the various governmental services which impinge on the day to day life of citizens. The life of the citizen is neither safe nor comfortable. This erodes the ideals of democracy which Mahatma Gandhi and others expounded and which the people of India want to see in action at the ground level. The Judiciary and the judicial delivery system also have become not only highly susceptible to politicisation through the process of appointments but also attract severe criticism for failing to protect the basic tenets of the Constitution viz the sovereignty of the citizen. In such a scenario, the common man – the much exploited am adami – finds himself confounded and helpless. Proposition What is important is clean and quality governance as it affects the lives of the people. The whole idea of good governance is that of giving, of serving, of doing good to the people, of solving their problems and making their lives more liveable, satisfying and enjoyable. It comes close to Gandhiji’s concept of politics for service of the people and not for becoming their masters. The emphasis is on providing a citizen. friendly administration and a development oriented government. People’s representatives from Panchayats to Parliament must realize that the supreme sovereign power vests in the people. The people are entitled to demand good quality, responsive and responsible, corruption- free, clean and efficient government which treats them not as subjects but as the real masters in a democracy and gives the highest priority to their needs and interests. On the other hand, the citizens at large in whatever position must remain awake and aware of their responsibilities and obligations, under the Rule of Law. Apart from transparency, accountability etc., the essential pre-requisites for quality governance are that the system should be good and suited to the needs, aspirations, background and ethos of the people concerned and that those selected for operating the system should be endowed with character and competence and motivated by the spirit of public service. Objectives Two principal objectives of the Campaign for Good Governance are built around (1) asserting the sovereignty of the citizen within the Rule of Law, and (2) effective accountability of all elected representatives and governments. We have to consider what changes are imperative to solve the main national problems of
poverty, illiteracy, corruption, over population, criminalization of public life, devaluation of values, crisis of character, casteism, communalism, black money etc. We have to ensure our nation’s socioeconomic development and quality of life for all citizens. In short, we have to move towards good governance. Unfortunately, we do not seem to have freed ourselves from the colonial hangover of thinking in terms of we’ and they’ – we the subjects and they the rulers. We talk of the conduct and responsibilities of the politicians – from Panchayats to Parliament – as things somewhat remote and different from ourselves. There is not enough consciousness of these institutions being our own and those manning and running them also being from among us. While it has become a fashion to blame the politicians for all our miseries, very little is done to educate and awaken the citizens in the matter of their citizenship obligations in a representative, participatory democratic polity. Since the representatives are supposed to be responsive to public opinion and pressure, the ultimate responsibility for good and responsive governance is that of we, the citizens of India. Quality of governance is dependent upon the kind and quality of citizens. If we, the citizens are looking for undeserved or illegitimate benefits from the system through our representatives’ favours, good governance can never take shape. This is a stupendous responsibility and calls for education in the values and responsibilities of citizens in a democratic polity. The purpose of the proposed campaign for good governance, as it has emerged from the Round Table Conferences, is to create and activate pro-active citizenship groups. Who will have their separate independent identities, leadership, resources and action plan geared to meet local problems while remaining focused on the larger object of systemic changes outlined here. Suggestions The role of the state should be restricted to the core and essential functions of government such as safety, security and freedom of the citizen to make the state more effective while preventing it from encroaching upon or restricting the rights of the citizen within the Rule of Law. The role of the Indian state in terms of its essential functions, such as national security must be redefined and the discretionary rules in areas of denial of citizen’s rights which lead to oppression, corruption or abuse of state power should be reviewed and amended. A national campaign should be launched to make the citizens aware of their rights and responsibilities. The Government and the Administration must be responsive to their needs and aspirations. Right to information should be made a fundamental right and all the provisions in the present law, which unnecessarily limit its ambit and scope, and provide an opportunity to the authorities to conceal and block the relevent information, must be deleted. Parliamentry activities must be conducted in such a way that they bridge the gap between people and their elected representatives. The people’s suggestions regarding important bills must be invited and due consideration given to them. Citizens must have an  opportunity of knowing the locus standi of pending bills. Police should act as a servant of the people, and not as a stooge of the rulers. At present our policing structure is based upon the colonial legacy and is intended to serve the rulers. Much of its resources are wasted to provide security to them, many whom may really deserve the security of jail. Making changes or adding provisions in the Constitution should be considered to provide effective accountability of all institutions included in Part V, VI, and XV of the Constitution.
Electoral Reforms

• We have accepted elections as a peaceful means of social, political and economic change, but they have not yielded the desired results. FourC’s – Corruption, Criminalization, Casteism andCommunalism have trampled the true character of representational democracy. Three M.P.s money power, muscle power, and mafia power-also play a crucial role in election processes and the people, the ultimate source of power in a democracy, are pushed to the periphery of the system. Provision should be made for people’ participation in the selection of candidates by parties through some system of primaries etc.For winning, 50% plus votes should be mandatory. The provision of run off polling should be incorporated in the election process.Only one common registration of voters at the local level should be enough for electoral rolls of all constituencies of Panchayats to Lok Sabha.Every effort should be made to hold elections for Lok Sabha, State Assemblies and possiblyLocal bodies simultaneously.

• The voting should be obligatory as a fundamental citizenship duty. Citizens should be made aware of the importance of their obligation to vote. A scheme of incentives and disincentives can be introducedThe cost of elections must be reduced.Once charges regarding certain crimes are framed against a person, by a court, he should
  cleared.not be allowed to contest elections, unless

• There should be mandatory imprisonment and disqualification for spreading communal hatred during election campaign.Those who are convicted of serious crimes, must be permanently disqualified and the parties putting them in the fray, must be derecognised Every candidate at election and every holder of political office should declare his assets and liabilities annually and these declarations should be subjected to public scrutiny.

• A probable candidate, against whom charges are framed by police, may take the matter to a special electoral court. This court will decide in a time bound manner whether there is a prima facie case, justifying the framing of the charges. If court finds sufficient ground to frame the charges, the person should not be allowed to contest the elections.

• If anyone is convicted by a court of law and sentenced to imprisonment for six months or more, the person should be debarred from fighting elections for a period totalling the sentence imposed plus an additional six years.Under section 8(4) of the Representation of the People Act, sitting members are not disqualified, even when convicted. This provision must be deleted.

• If an elected representative is convicted, heshould be required to withdraw from thelegislature for a period of six months, and ifhe fails to get an acquittal within that period,he should be disqualified.
  Political Parties

• A comprehensive legislation should be enacted to govern and regulate the activities and number of political parties; criteria should be laid down to register or to recognize or to deregister and de-recognize them as national or State level parties.

• Law should make it obligatory for all political parties to maintain the account of receipt of funds and expenditure in a systematic and regular way. It should be compulsorily audited and made available to the public for scrutiny and examination.

• Only recognized political parties and pre -poll alliances who secure at least 5% of the votes cast in at least half the States should be recognised as national parties/Alliances and allotted common symbols to contest LokSabha elections. State level parties may be allowed common symbols to contest elections for concerned State legislatures and Council ofStates (Rajya Sabha). This will help in evolving some kind of federal parties and alliances and provide more stable governments.
  Executive

• The executive is the most visible organ of the Government which symbolizes all the problems of governance. It’s day to day interface and interaction with the citizen makes it the most disliked and resented face of the Government. In fact it has become symbol of mis-governance.

• The national security system both for the citizen and the state should be thoroughly reviewed, revamped and redesigned. This is the most important measure for effective Folman infetferenne’ y, administration should cease.

• Regulatory powers of the executive outside the core functions, should be restricted both at the Union and State levels, if necessary by law, so that there should be no scope for arbitrary, discretionary authority to convert the rules into “permit- license raj”.

• Denial of timely service to the people must be specifically made a serious offence and subjected to summary and exemplary punishment.

• Rules and regulations with regard to all citizen services should be made simple and transparent and a time limit of delivery should be prescribed for them e.g. right to have ration card, right to build own house according to the prescribed laws and bylaws, right to have passport, right to do business including agriculture with transparent and self administered regulations.

• It should be made obligatory for all government executives to declare all their assets and liabilities once a year and a laws should be enacted to forfeit the benami property of the corrupt officials.

• The rights of citizens to get tax refunds, voterI.D card etc. should not be subjected to unnecessary bureaucratic control and consequent delays and corruption.

• The development functions and responsibilities of the executive, especially with regard to education, health and employment of every citizen should be more clearly specified and executive should be made accountable to the citizens.

• Regulatory authorities and institutions should be set up and strengthened for enforcing standards. These institutions should have the power of tribunals so that they can assure fair delivery of goods and services to the citizen.There should be a legally enforceable personal liability to pay compensation to the victims of corruption.
  The Judiciary

• The judiciary which has responsibility of protecting the rights of the citizens, has itself become a part of the problem of governanceAbsence of effective mechanisms to enforce judicial accountability is one of the primary reasons for tarnishing its image and retarding its performance.

• There should be a more accountable and transparent method of appointment to the judiciary especially at the level of High Courts and the Supreme Court.

• Retirement age of all judges of High Courts and Supreme Court may be raised up to 70 years but it should be made mandatory for them that after retirement they will not accept any office of profit.

• All judges, from Munsifs to CJI, should yearly declare their assets and liabilities.

• Training and orientation programs should be organized for all members of judiciary at the time of their entry. There should be refresher courses at regular intervals for all categories of judges. Right to get time-bound, speedy and affordable justice for all citizens should be enshrined as a fundamental right in the Constitution.

• Alternative dispute resolution mechanisms (ADR) like Lok Adalats and Nyaya Panchayats at the village, block and district levels should be strengthened and system of Honorary Magistrates for trying petty offences must be revived. System of pre – bargaining and payment of compensation, fast track courts and consumer courts should be expanded.

• The number of appeals should be restricted. Frequent adjournments should not be allowed. Cases should be disposed of within a prescribed time limit. There should be a time limit for delivery of judgement after the conclusion of hearing.

• Judgements should be short, precise and to the point.

• Advocates should be categorized as A,B,C and D and their fees fixed by law, payments to be made strictly by cheques only.

• Accountability of courts must be strengthened at all levels.

• Strong measures should be taken to curb corruption in judiciary at all levels.
  For suggestions and support contact:
  Abhaya Kashyap
  Director
  Forum for Good Governance
  Rashtriya Jagriti Sansthan
  Tel.: 26963389, E-mail: jagriti@mail.com

Action plan

The above mentioned suggestions cannot be a panacea for all the ills. They cannot cure all the diseases which are paralyzing our nation. The task of ensuring good governance and restrengthening and revitalizing the nation is gigantic and enormity of the task requires consistent and sustained efforts at various levels and on many fronts.Long term political and societal design andredesign are essential and continuing features of all democratic systems. India has the historic necessity today to redesign the governance of the country before catastrophic changes are forced on it. Such change can be revolutionary or incremental. At the moment, it would be better to think of incremental changes provided they are of a seminal character. Recent history has shown that the people of India are willing to accommodate the state if they see that there forms in the system and the changes are in the right direction.The present effort is to embark on a modest agenda of change but not marginal change. The change must be substantive which will make the quality of governance significantly better with there cognition of the sovereignty of the citizen and better working of the organs of government. The
change should bring forth a redesigned system of governance in line with the vision and the spirit of the Indian Constitution. That should be the minimum agenda for wider dissemination, consensus, and hopefully corrective action. The most difficult question is that of the mechanism for bringing about the needed reforms even if most of us arrive at some agreed suggestions. Those who can bring about the changes are the very people who have the greatest vested interest in the status quo. If more radical remedies are not to be advocated, we would have to be content with keeping up the efforts for creating greater awareness and building public opinion in the fond hope that one day, before it is too late, the elite and the people would wake up, arise and act to bring about the dawn of good and responsive governance and save our nation, freedom and democracy. Mere setting the agenda for action would not be enough. We cannot leave it to the government either. Blaming the politicians and the bureaucrats also won’t do. We need to develop an awakened and aware activist citizenry. What we should be talking about is a citizen’s movement against corruption, criminalization and concentration of power and ensure the power for Good Governance, Unless the people themselves are prepared to fight it out. the vested interests shall never allow a citizen. friendly administration. After all, why should the beneficiaries of bad governance change it? People need education in democracy and for democracy. Without an educated populace. democracy is a sham. All of us need intensive education in citizenship values, in the duties and obligations of citizens. The first and foremost duty of every citizen is to be an active participant in the business of democratic government. Governance is too serious a matter to be left entirely in the hands of politicians and bureaucrats. Nations are made only when people rise above their narrow self interests and are prepared to make sacrifices for their fellow citizens. Unless we, the citizen of India at large, are vigilant and conscious of our obligations as citizens, there is no reason why freedom and demorracy should continue for ever. These plants are very fragile and unless nursed with care they are bound to wither away. If we fail to protect and promote the principles of good governance as the bedrock of our polity, not only we will lose our freedom and democracy but as a nation we may be forever thrown in the dustbin of oblivion.  The prime objective of the proposed campaign, therefore, will be to build legitimate public pressure on the politico-administrative apparatus to deliver citizen-centric governance at the ground level and to develop strategies for policy, law and constitutional reforms. A comprehensive integrated program for developing capacities across the country to act on local and national issues of governance is proposed to be taken up.

Organisation
The national body will be known as the Forum for Good Governance (in English) and Suraaj
Abhiyan Manch (in Hindi)

It shall be an organ of Rashtriya Jagriti Sansthan (Institute for National Awakening – RJS). All the participants listed in the Annexure may constitute the Foundation Board. The following may be the office bearers:

1. Patrons

2. President

3. Executive Chairperson

4. Vice Presidents

5. General Secretaries – regional basis

6. Secretary General/Director – functional basis

There will be State units with the words Good Governance or Suraaj in their name along with regional i.e. State name, registered as societies, For example, ‘Rajasthan Suraaj Andolan’. The State unit shall have office bearers as below:

1. Patrons

2. President

3. Executive Chairperson

4. Vice Presidents

5. Secretary

6. Members of the Executive

7. Treasurer

8. Nominees of National body

Each State unit shall endeavour to set up centres in different parts of the State. If local (city or district) units precede organisation at the State level, they can constitute the State Unit.
Financial Structure
Each State unit shall be financially independent. All funds collected shall be divided into three parts as below:
50%.    Local unit
25%    State

25%    National Unit

All funds (including the 25% share of the national unit) shall be in the possession of the State unit and with its permission there may be separate accounts at major centres. No money will be paid to central organization but its 25% share will be used for expenses approved by central organization.

Program at State Level

The essence of the program will be its non- party, non-conflictual, citizen-oriented character. It shall seek to supplement efforts in good governance of local administration but shall develop and deploy task forces for making its presence felt in case of failure on part of administration by using media, RTI, other laws, awareness campaigns and peaceful means of asserting public pressure. At its core the program will focus on individual security, freedom of expression, democracy, Rule of Law, building capacity for generating public pressure for good governance and resolving citizens’ problems. Functional units for implementing this will be:
i. Legal cell.
ii. Media cell
ji. Citizen Grievance cell
iv. Program & Planning cell
Each of the functional cells at state level will have a national coordinator.

Program at National Level
With the primary task of good governance and capacity building, following task forces shall be set up to generate working papers for each area to be used nationally and at state level. Each task force may be headed by a senior member.
Task Forces
1. Reasserting Sovereignty of the Citizen. This will have the task of developing a Guidebook on Governance, which will be adapted for each regional centre in the language of the area. Further the State Level Programs supported by the four cells at the national level, shall form the core effort of this peoples’ initiative.

2. Political Party and Electoral Reform.

3. Law and Judicial Reforms
4. National Security and Strategic issues: External, Internal and Individual
5. Executive and administrative reforms.

6. Reforms in Union, State and Local selfGovernance.
7. Youth, Education and Culture.
8. Legislative reforms
9. Reforms for Sustainable development, industry & economy.