Transparency in Governance is the Ultimate Key to Reforms

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  • For improving governance, ensure better transparency and accountability, first and foremost things need to repeal many antiquated laws, rules and regulation. All dept. and judiciary should be provided with CCTV and there should be legislation like Right to Record all govt. function by suitably amending Official Secret Act. The role of govt. should be limited to some specific sector only to end Licence-Permit-Inspector-Quota raj. Imposing more and multiple taxes is not a solution. It is a problem for common citizen in any democracy. That is why, every democracy failing.
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  • Transparency in Governance is the Ultimate Key to Reforms

    1. 1. KALPESHKUMAR L. GUPTA LL.M., MBL (NLSIU), M.Phil. (Law)Academic Associate – IIM Ahmedabad International Conference on Transparency & Accountability in Governance : Issues & Challenges ICTAG – 2012 October 13-14, 2012
    2. 2. Outline of the presentation :-1. Introduction Outline2. Research Methodology3. Transparency – An Overview4. Some Initiatives on Transparency5. Issues & Challenges6. Concluding Remarks7. Video on Integrity Pact8. Q & A (c) K L Gupta
    3. 3. (c) K L Gupta
    4. 4. Governance:-“Governance is the manner in which power is exercised in the management of a country’s economic and social resources for development….……Good governance is synonymous with sound development management.” - World Bank (1992) (c) K L Gupta
    5. 5. (c) K L Gupta
    6. 6. Governance Good Governance (c) K L Gupta
    7. 7. GovernanceGood Governance Journey of (c) K L Gupta Governance
    8. 8. Good Governance:-Good governance means- ruling justly,- enforcing laws and- contracts fairly,- respecting human rights, property rights, and- fighting corruption…….. - Paul O’Neil, Treasury Secretary of US (2002) (c) K L Gupta
    9. 9. Good Governance – Major Characteristics*:-1. Participation2. Rule of Law3. Transparency4. Responsiveness5. Equity & Inclusiveness6. Effectiveness7. Efficiency8. Accountability9. Strategic Vision10.Consensus Orientation*Source :- V K Parigi & Others, “Ushering Transparency for Good Governance”, available athttp://www.cgg.gov.in/workingpapers/Ushering_in_Transparency.pdf accessed on September 15, 2012 (c) K L Gupta
    10. 10. (c) K L Gupta
    11. 11. Type of Paper:-Conceptual paper (c) K L Gupta
    12. 12. Objective:-The objective of the current study is to examine level of transparency in the governance prevailing in Government Sector (Legislative & Executive),Judiciary andPrivate Sector. (c) K L Gupta
    13. 13. Research Questions:-1.Will the transparency only in the Government Sectors bring reform?2. Will the transparency only in the Judiciary bring reforms?3. Will the transparency only in the Private Sectors bring reforms?4. Will the transparency in the Government Sectors, Judiciary and Private Sectors all together bring reforms? (c) K L Gupta
    14. 14. Research Design / Data Collection:-In order to answer the research objectives a Content Analysis has been carried out using website of the government, judiciary, regulating agencies, concerned organizations, reports in different forms, journal papers and newspaper articles. (c) K L Gupta
    15. 15. Originality:-The present paper gives us a comprehensive analysis of transparency in governance of Government sector, Judiciary and Private sector and reforms brought from this. (c) K L Gupta
    16. 16. (c) K L Gupta
    17. 17. (c) K L Gupta
    18. 18. (c) K L Gupta
    19. 19. Era of Birth of Secrecy, Corruption Lack ofTransparency R.T.I (c) K L Gupta
    20. 20. (C) K L GUPTA
    21. 21. (c) K L Gupta
    22. 22. http://indiancorruptjudges.com (c) K L Gupta
    23. 23. 77 % believes that Indian 8 Chief Justices of IndiaJudiciary is corrupt : corrupt says former LawGlobal Corruption Report Minister(Transparency International Report, 2007) (NDTV, September 16, 2010)Dont protect corrupt Judiciary a contributor tojudges: Chief Justice of encouraging corruption:India to politicians.(Hindustan Times, April 16, 2011) Hegde (Indian Express, April 10, 2012) (c) K L Gupta
    24. 24. (c) K L Gupta
    25. 25. 2G Scam Coalgate Satyam Reebok Reebok India case: Corporate mismanagement led to scam Rs. 870 Crore Corporate Fraud* *Source :- Deccan Herald, September 23, 2012 (c) K L GUPTA (C) K L Gupta
    26. 26. Anti-graft laws will soon cover privatesector too: PMTimes of India, October 11, 2012Government is working to amend existinglaws i.e. Prevention of Corruption Act, IPC topunish bribery in the private sector, sayingeconomic reforms had created newopportunities for corruption and there wasneed to focus on the "supply side" ofcorruption.Expanding the ambit of anti-corruption lawsto cover private sector.A clear and unambiguous definition for the termcorruption, covering both the supply and demandsides, is being sought to be provided." (C) K L GUPTA
    27. 27. (c) K L Gupta
    28. 28. Integrity Pact :-The Integrity Pact (IP) is a tooldeveloped in 1990s byTransparency International (TI) tohelp governments business andcivil society to fight corruption inpublic contracting and The Integrity Pactprocurements. A perfect tool for clean bidding-It covers all contract relatedactivities from pre-selection ofbidders, bidding, contracting,implementation, completion andoperation-IP is intended to make publiccontracting and procurementtransparent by bidding to all ethicalconduct. (c) K L Gupta
    29. 29. E-Governance bringing transparencyCase of Tamilnadu Medical Services Corporation Ltd.:-TNMSC was set up in 1994, for ensuring ready availability ofall essential drugs & medicines in the govt. medicalinstitutions by adopting a streamlined procedure for theirprocurement, storage & distribution-IT system of TNMSC ensures quality compliance, transparencyin procurement & distribution & prevention of abuse.-As far as quality control & transparency go, TNMSC’s efficienttendering process helps discover the lowest possible price. Itpurchases only from manufacturers holding GoodManufacturing Practice Certificate & stringent testing processthat tests each batch. (c) K L Gupta
    30. 30. e-Setu :- -E-Setu has become the electronic bridge between the people & the government especially for people in distant place. -The e-Setu practice isJorhat located in Jorhat district of Assam -The e-Setu practice is a sincere attempt to bridge the citizen’s access to Information & Government Service (c) K L Gupta
    31. 31. National e-Governance Plan (NeGP) :-"Make all Government services accessible to the common manin his locality, through common service delivery outlets, andensure efficiency, transparency, and reliability of such servicesat affordable costs to realize the basic needs of thecommon man"Online Services under NeGP will cover Income tax, Passport /Visa, Company Affairs, Central Excise, Pensions, Land Records,Road Transport, Property Registration, Agriculture,Municipalities, Grampanchayats, Police, EmploymentExchange, E-courts (c) K L GUPTA (C) K L Gupta
    32. 32. (c) K L GUPTA (C) K L Gupta
    33. 33. (c) K L GUPTA (C) K L Gupta
    34. 34. (c) K L GUPTA (C) K L Gupta
    35. 35. (c) K L Gupta
    36. 36. Government Sector :--RTI Act helps to bring transparency in governance. Ithas many success stories.-RTI is dying gradually because of lethargic appealprocess, vacancy and killings of RTI Activists who helpin uncover the maladministration, corruption in thegovernance.-Whistle Blower Bill, 2010, Lokpal Bill, 2011, CitizenCharter Bill, 2011 are pending before the parliament. (c) K L Gupta
    37. 37. Judiciary :--We can not see transparency in the Judicial System, itcauses delay in disposal of cases & biased decisions.-The Judicial Standard & Accountability Bill, 2010 ispending before the parliament. - This bill requires judges to declare their assets, lays down judicial standards and establishes process for removal of judges of the SC & High Courts.-There is no proper monitoring of cases in Judiciary. (c) K L Gupta
    38. 38. Private Sector :--Recent scams show the mal-administration going inthe private sector.-It is difficult to have transparency in the privatesector. For that certain mechanism needs to bedeveloped.-Companies Bill, 2011 is pending before parliamentwhich points out role of Independent Director andAuditor of the company. - Independent Director & Auditor can be whistle blower of the company and helps in bringing transparency in the company. (c) K L Gupta
    39. 39. Challenges:--Transparency tools in the form of differentBills are pending before the parliament.-There is always apprehension about thepassing of these bills that can play a pivotalrole in bringing transparency.-Till date all above bills are lying in coldstorage. (c) K L Gupta
    40. 40. (c) K L Gupta
    41. 41. (c) K L Gupta
    42. 42. REFORMSTRANSPARENCY IN GOVERNANCE LEADING TO REFORMS TRANSPARENCY IN GOVERNANCE LEADING TO REFORMS (c) K L Gupta
    43. 43. Answer for Research Questions :- -Transparency only in the Government Sectors will not bring reforms in the country. -Transparency only in the Judiciary will not bring reforms in the country -Transparency only in the Private Sectors will not bring reforms in the country. - Transparency in all three sectors i.e. Government Sectors, Judiciary and the Private Sectors is required toReforms bring complete reforms in the country. (c) K L Gupta
    44. 44. (c) K L Gupta
    45. 45. Government Sector :--Save RTI Act which is gradually dying.-Whistle Blower Bill, 2010, Lokpal Bill, 2011, CitizenCharter Bill, 2011 to be passed as soon as possible.-The model of Integrity Pact should be madecompulsory in every public authority of the company (c) K L Gupta
    46. 46. Judiciary :--The Judicial Standard & Accountability Bill, 2010 to bepassed in next session.-Subordinate Judiciary should be covered under thisBill as it deals with more than 85 percent of thepending cases of the country.-All courts must be enabled with InformationTechnology system so that justice delivery system canbe expedited.-Independent Case Management Authority needs to beestablished for proper monitoring of the cases from itsinitiation till its implementation. (C) K L GUPTA
    47. 47. Model 1National Case ManagementAuthority (NCMA) (c) K L Gupta
    48. 48. Model 2National Case ManagementAuthority (NCMA) (c) K L Gupta
    49. 49. Working of National Case Monitoring Authority (NCMA) Collecting data on institution of Cases Collecting data on institution of Cases Collecting data on progress of registered casesCollecting data on progress of registered cases (along with the stage, adjournments with (along with the stage, adjournments with reasoning) ----"Watch Dog“ -- reasoning) "Watch Dog“ -- Collecting data on Judgment pronounced by theCollecting data on Judgment pronounced by the Courts, Forums, Tribunals etc. Courts, Forums, Tribunals etc. Monitor the Implementation of Judgments Monitor the Implementation of Judgments Study on overall aspects of judgments Study on overall aspects of judgments pronounced by the courts, forums, tribunals etc.pronounced by the courts, forums, tribunals etc. Prepare a report and submit to Department ofPrepare a report and submit to Department of Justice / Law Commission Justice / Law Commission Gupta (c) K L (C) K L GUPTA
    50. 50. Private Sector :--Companies Bill, 2011 to be passed as soon aspossible.-Independent Directors & Auditors have to performtheir duty with due diligence especially as WhistleBlower. (c) K L Gupta
    51. 51. References:-1.V K Parigi & Others, “Ushering Transparency for Good Governance”, available athttp://www.cgg.gov.in/workingpapers/Ushering_in_Transparency.pdf2. IMF, “The IMF and Good Governance” , A Factsheet3. The Economic Times, December 17, 20024. Daniel Kaufmann, Aart Kraay, and Pablo Zoido-Lobaton, “Aggregating Governance Indicators”, Policy Research Working Paper, No. 2195, World Bank, Washington DC,October 1999; and Daniel Kaufmann, Aart Kraay, and Pablo Zoido-Lobaton,“Governance Matters,” Policy Research Working Paper, No. 2196, World Bank,Washington DC, October 1999.5. “Cabinet nod for Judicial Transparency Bill”, Times of India, October 6, 2010available at http://articles.timesofindia.indiatimes.com/2010-10-06/india/28252263_1_accountability-bill-judges-high-courts6. A Abdulraheem, “Corruption in India :An Overview, Causes, Consequences andRemedial Measures”, Social Action, Vol 59, October-December, 2009 available athttp://www.isidelhi.org.in/saissues/articles/artoct09.pdf7. Kalpeshkumar L Gupta, “Delayed Justice – Denial of Fundamental Rights” inContemporary Challenges and Prospects for Strengthening Rule of Law andDemocracy in the Midst of Anarchy and Chaos in the Indian State Separation ofPowers, Judicial Accountability and Relevant Provisions of the Indian ConstitutionRevisited, published by Gujarat National Law University, February 2012, p 57,8. Maulik Vyas, “Corporate Governance issues too play spoilsport for fund flows” ,Economic Times, January 3, 2012, available athttp://articles.economictimes.indiatimes.com/2012-01-03/news/30584756_1_corporategovernance-corporate-fraud-companies-bill (c) K L Gupta Cont.
    52. 52. Cont.References:-9. Transparency International India, available athttp://www.transparencyindia.org/resource/project_files/Brochure-_Integrity_Pact.pdf_1289376032.pdf10. Kiran Mazumdar Shaw, “Robust IT architecture holds key to makinggovernment’s new health care plan effective”, Times of India, August 22, 2012available at http://articles.timesofindia.indiatimes.com/2012-08-22/edit-page/33304120_1_tn-model-spurious-drugs-drugs-account11. “E-Setu – Bridge Online Between People & Government” available athttp://indiagovernance.gov.in/files/Esetu.pdf12. Department of Electronics and Information Technology, Govt. of India availableat http://www.india.gov.in/outerwin.php?id=http://mit.gov.in/content/national-e-governance-plan13. “Companies Bill Soon : PM”, Hindustan Times, September 23, 2012, p 1, availableat http://www.hindustantimes.com/News-Feed/Chunk-HT-UI-BusinessSectionPage-Economy/Companies-Billsoon-says-PM-Manmohan-Singh/Article1-934268.aspx (c) K L Gupta
    53. 53. Kalpeshkumar L GuptaAcademic AssociateIIM Ahmedabadklgupta@iimahd.ernet.in (c) K L Gupta

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