By Aristotle Lyngdoh
The New Year always begins with some expectations and one may ask plenty of questions on how governance will meet or fulfill the promises made during election campaigns. While we are expecting more elections this year, for the educated ones, it is the kind of governance that delivers effectively at every change of guard whether at the state or the centre that matters. I would like to draw the attention of readers on two aspects which seem at odds with each other but indeed have some element of connection and of which the Supreme Court is the architect and which goes beyond human imagination. We have just celebrated Christmas along with the rest of the world. In India our Governments too have celebrated Governance day in their own premises. Even though the December 25 is not the exact date of birth of Jesus Christ, but as a tradition the early church has celebrated it so and thus it has been accepted just as such, to denote the day of His incarnation to human form.
The declaration of Good Governance Day on the December 25 by the Narendra Modi Government is no coincidence. Things are working in the direction of fulfilling what has been promised and foretold in the Bible by many prophets who are also God’s spokespersons on earth. And be it any day of the year, I am sure that this same Government will do the same. This has happened and will happen in order to align with that eternal promise. The promise was that God in His time will send forth His Son (Messiah or Saviour, The Christ, and Son here means not a biological son but a relationship that exists in the triune Godship). The purpose of this mission was to redeem mankind from the onslaught of injustice. No force on earth can do that but only through supreme intervention by God himself. Therefore, Isaiah one of the Jewish prophets who lived 700 years before Jesus Christ, in his book Isaiah 9:6 said, “For unto us a child is born, unto us a Son is given, and the government shall be upon His shoulder, and his name shall be called Wonderful, Counselor, The Mighty God, The Everlasting father and the Prince of Peace. So thank you Prime Minister Modi for reminding the whole world and endorsing the fact that there is no good governance beyond the purview of the divine principles.
From time to time the pursuit for good governance is being challenged and at times obstructed by excessive human greed and lack of political will. So what does good governance mean? Good governance on one hand conveys the situation where there is optimum satisfaction from the general public or common citizens on how government is functioning. And this is achieved by the state where anomalies and loopholes of governance that hatch corrupt practices and injustice are eradicated from the system. These three arms of governance (Legislative, Executive & Judiciary) as enunciated by modern democracy have successfully rectified the wrong patent and intention prescribed by a dictatorship or the emperorship that confines governance to a single individual, because the administration of justice in such system is strictly under control. In fact the system itself is excellent but the functionaries of these institutions need to be watched and criticized for any wrong action. Is that not the way that democracy should work?
The World Bank definition of good governance entails sound public sector management (efficiency, effectiveness), accountability, exchange and free flow of information (transparency) and a legal framework for development (justice, respect for human rights and liberties). Good governance is accountable, consensus oriented, responsive, inclusive, participatory, and transparent and follows the rule of law. In other words good governance expedites justice effectively, whereas in most cases justice is achieved only by the intervention of the judiciary. Governments have from time to time enacted various laws and constituted tribunals to counter various form of injustices perpetrated on the people in society. But the situation at large has not improved but struggling under the realm of bad and unsatisfactory forms of governance.
The concept of justice is becoming more significant due to the fact that various forms of injustices are being committed in some way or the other by many. Injustice on the other hand is the result of cruelty of human behaviour due to our evil nature. Ever since the fall of man, sin too has entered the world and bred various forms of evil on mankind. And in this context, only good governance can only thwart and counter such situations in order to deliver justice. Blaise Pascal a French philosopher, Mathematician and inventor of the 17th century said, “Justice without power or force is meaningless and power without justice is tyrannical.” Therefore, the enforcement of justice somehow accomplishes the purpose of good governance and it is here that organs of governance should be firmly grounded in the true spirit of democracy. Because the spirit of democracy also implies beside equality, respect to all citizens. Thus, we can also say that good governance is another synonym for justice or just governance.
The beginning of the previous year had witnessed the unusual revolt within the functionaries of the Judiciary where four judges expressed dissatisfaction on the style of functioning of the Chief Justice of the Supreme Court of India. This is a worrisome trend
that reflects the nature of undemocratic elements within the judiciary. No matter how small and insignificant is the arbitrary behavior of any Judge, it will infuse fear and doubt on the integrity and sovereignty of the judiciary because it endangers the environment of democratic adjudication. Therefore, for a strong, healthy and vibrant democracy, functionaries of the judiciary especially judges should not suppress petty criticism by exercising their constitutional authority. But in fact they should face it with true dignity and undisputed integrity. A common definition of democracy is a system of governance by the people, of the people and for the people or in other words it is not a rule by the few or by one. Justice in this context can be delivered when there is involvement of each and every citizen in the process of governance. And the involvement of citizens in matters of governance is not only through election of public representatives but also through expression of thoughts and criticism in a proper manner and in appropriate forum. In advanced democracies like the US, judges are not immune from criticism. In June last year, Californians voted in a special election to unseat a state judge who drew worldwide condemnation for giving a six-month sentence to a swimmer convicted of sexually assaulting an unconscious woman. This is how enlightened citizens of the state or country should exercise their power.
For instance, the recent coal mine mishap in the state is not only an outcome of illegal mining despite the NGT ban since 2014, but it is also part of the failure of this quasi- judicial institution. Had the Supreme Court completely banned dangerous and hazardous mining as it did in 1996 with timber business and rampant felling of trees from the region, I am sure that such accidents would have never occurred. Our state is now under the realm of uncertainty of governance because our ministers are always on a travelling spree leaving decision making powers at the hands of their subordinates. It seems that travelling abroad along with family members is now their mission and vision as public representatives. And the reason that compels them to leave the state and country frequently perhaps is their inefficiency to handle and confront the issues of governance that arise from day today. This is another challenge of good governance and the people of the state hold the key in electing the right people to govern. Only until such time when our people understand these issues can we cover one milestone and move to another in a democracy with dignity.