Issue :   
March 2018 Edition of Power Politics is updated.         March 2018 Edition of Power Politics is updated.
Issue:Mar' 2018

Law and order

A state of drift !

Gautam Kaul

The other day private media TV channels were airing one advertisement which sent a message to viewers that 30 years ago West Bengal was considered as a 'lawless State' and today it was one of those States which had the highest economic growth.
Entrepreneurs were asked to consider investing in this State for it ensured peaceful and orderly environment.
This official advertisement was marking the organizing of the 4th Global Investment Summit being help in Kolkata.
Generally, in all efforts to attract economic attention toward the focused areas, there was the promise of assured good governance in the administration of the inviting host. Prime Minister Narendra Modi had earlier taken tours to various selected nations to garner investments into the country and promised packages which rode over past prejudices of international investors, on the poor climate of economic tie-up with Indian private sector. Major grouses included prolonged gestation time to be granted licences for news startups, torturous taxation laws, regulations for export of profitable earnings, custom regulation etc.

India is not considered a corruption-free society. Its record is dismal with its standing at 79 in a table of ranking of 176 most corrupt civil societies.

The new government announced measures to get rid of the many obstructions for future good industrial growth. A new Income Tax Act was to be crafted, the plethora of tax laws was to be streamlined into one general law. Ministries were ordered to open single window system for their special services. The Indian monetary system was to be churned up for the coming decades.

The new government promised the moon and 'good governance' to whoever wished to come offshore into India. This phrase is presently the flavour of the decade. Officials sing it before foreign investors.

In short, the new government promised the moon and 'good governance' to whoever wished to come offshore into India. This phrase is presently the flavour of the decade and officials sing it before foreign investors who visit them in the ministries.
Good governance raises its head in regular cycles just before the elections when new administrations are under consideration. The last time this phrase was mouthed just too frequently when Narendra Modi decided he needed to take the reins of the State in the face of total lack of confidence in the electorate for the UPA government. Modi worked the good governance formula to its nauseating zenith and looked convincing enough to garner the needed majority of the nation's votes, to come to power.
Transparency in administrative decision-taking has one great effect. It apparently reduces the element of corrupt practices. India is not considered a corruption Free society. Its record is dismal with its standing at 79 in a table of ranking of 176 most corrupt civil societies. And the Prme Minister promised good governance to the electorate for a change.
All this is underway in the background of the BJP manifesto issued in 2014 which was elaborate and spelt a vision for a bright future. A separate section was devoted to 'good governance and accountability' (page 10 of the manifesto). Sadly, no one later bothered to look back to test the promises of this manifesto with the projects which the National Government brought out for implementation.
In bringing good governance to the people, the scheme of Aadhaar card was

Mahatma Gandhi made operational. But in its possible failure there was no indication on who will be held accountable for possible mishaps during its implementation. The follow-up taken by the State in the aftermath of The Tribune expose is a learning lesson for all who swear by good governance in action currently.
One needs to go back to the time when India attained Independence. The vast servile Indian population was in great admiration of its alien rulers even when it was denied the freedom of speech, trade in all types of goods, unfettered movement within the country, lack of free education and perpetuation of a castist society. The ryot praised the British for the delivery of good governance. The public concept of law and order was good, so was the dispensation of justice.

Narendra Modi At the cutting edge of governance, the lowly government servant was also held accountable for his acts and speaking relatively, the entire country was less corrupt-minded than it is today. But when democracy was pushed down to the grassroots level and regular elections were organized, the same society began to work its way up the ladder of corruption with government servants being viewed as synonymous to being corrupt, and the popular leaders elected, as being more corrupt.
Mahatma Gandhi had come to define good governance in an extended manner, to include more skills and talents in public administration. In his vision, good governance included respect for human rights, rule of law, proper working of democratic institutions, transparency in public administration, right of the people to participate in the social and political transformation of the State, and higher efficiency in civil services. Gandhi was greatly let down by the very people he entrusted for the cause of a people's government.

Gandhi had come to define good governance in an extended manner. In his vision, good governance included respect for human rights, rule of law, proper working of democratic institutions, transparency in public administration, right of the people to participate in the social and political transformation of the State, and higher efficiency in civil services.

Having worked for three terms as Chief Minister of Gujarat, Narendra Modi found extending the same concept he had worked at the State level, failing to show results at the national level. Most of the members of his cabinet team also lack similar experience of attempting to deliver good governance at the national level, and it has shown.
Let us take one of the most popular aspects of good governance, namely, the promise of good law and order. Prime Minister Modi has not been able to use his charisma to bring about the needed changes in the manner of police functioning in the country. His plea has been that policing is a State subject under the provisions of the Indian Constitution. He could have used his brute majority in the Lok Sabha to bring constitutional amendments to make law and order a concurrent subject for intervention by the Centre when the occasion demanded.
The embarrassing fact remains that when a new draft Police Act was circulated to the States for adoption, the States twisted the draft clauses and neutralized its conceived changes
Some of the peripheral measures taken in the first term in office by the new NDA government seem quite silly and a subject of ignorance and prejudice. Good governance has no place for prejudices.
The planner must cater to the broadest spread of delivery in government at work.
For instance, the NDA as soon as it came to power decried the heavy funding which went into management of schemes serving the poor in the country, of the former UPA and particularly MNREGA. These schemes were announced to be withdrawn as they generated ostensibly massive play of corrupt practices at the grassroot level. But soon many of these schemes were discovered by the new power that be, that it was good politics to retain them either with modifications or simply by a change of names!
A survey of the good practices undertaken in the world today clearly indicates that the concept of good governance has taken popular roots. Even in the darkest corner of African societies the demand is for proper delivery of maintaining social services of health education and roof. Governments which for various reasons of mismanagement, fail to deliver good governance, are being overthrown and replaced by those who promise good delivery to service the requirements of the people.
The promise is always for bringing reforms which make life easier to live.

The author has been an eminent police officer for decades.