Tariq Mahmood Awan
Good governance is a broad concept that encompasses the quality, effectiveness, and accountability of public institutions and policies. It implies that the government serves the public interest, respects human rights and the rule of law, and delivers public services efficiently and equitably. Good governance also requires the participation and inclusion of all stakeholders, especially the marginalized and vulnerable groups, in the decision-making and implementation processes. Good governance is essential for achieving sustainable development, peace, and stability in any country.
The rule of law is a critical component of good governance. It means that everyone, including the government, is subject to the law and that the law is applied equally and fairly. The rule of law ensures that the rights and freedoms of individuals and groups are protected and respected, that disputes are resolved peacefully and impartially, and that justice is accessible and transparent. The rule of law also promotes accountability and checks and balances among the different branches of government, namely the legislature, the executive, and the judiciary.
Federalism is a form of government that divides power between a central authority and subnational units, such as states or provinces. Federalism can enhance good governance and the rule of law by allowing for greater diversity, autonomy, and representation of different regions and communities. Federalism can also foster cooperation, coordination, and integration among different levels of government, as well as between the government and civil society. Federalism can also facilitate the resolution of conflicts and grievances by providing mechanisms for dialogue, negotiation, and compromise.
However, federalism also poses some challenges to good governance and the rule of law. For instance, federalism can create complexity, confusion, and duplication in the legal and administrative systems. Federalism can also generate tensions and disputes over the allocation of resources, responsibilities, and authority among different levels of government. Federalism can also exacerbate inequalities and divisions among different regions and groups, especially if there is a lack of trust, communication, and solidarity. Hence, the role of legislature, executive and the judiciary is vital for a federal state to function, evolve and perform.
Therefore, reforming the legislature, the executive, both political and bureaucratic, and the judiciary is crucial for ensuring good governance, the rule of law, and federalism in any country.
Please, subscribe to the website of the republicpolicy.com
Reforming the legislature is vital for good governance, the rule of law and federalism. The legislature is the branch of government that makes laws and oversees the executive. Therefore, it is essential to enhance its role in good governance and the rule of law, and for that purpose, the legislature should be representative, inclusive, transparent, accountable, responsive, and effective. Accordingly, there is a need to Strengthen the electoral system to ensure fair, free, and competitive elections that reflect the diversity and preferences of the people. Furthermore, enhancing the capacity and independence of legislators to perform their legislative functions effectively is vital. Therefore, the political parties must award tickets to those who know and understand the skills and techniques to make, amend, substitute and replace laws. It is also important that Legislators are also trained to develop functional capacity to legislate.
Furthermore, improving the transparency and accessibility of legislative processes and information to enable public scrutiny and participation is also significant. Therefore, it is essential to establish effective mechanisms for oversight, scrutiny, and evaluation of executive actions and policies of the executive and judiciary. Legislatures represent the will of the people and are lawmaking bodies; hence, they are the supreme organs of the government. It is also crucial to promote intergovernmental cooperation and coordination among different levels of legislatures in a federal system.
Then, it is the executive who is responsible for the implementation of the legislation and derived legislation. An executive has two parts: the political executive and the bureaucratic executive. Accordingly, reforming the executive, both political (the head of state or government) and bureaucratic (the civil service), is fundamental for the cause of good governance, the rule of law and federalism. The executive is the branch of government that implements laws and policies. To enhance its role in good governance and the rule of law, the executive should be accountable, efficient, ethical, and responsive. Therefore, it is critical to reform the executive according to federalism, the constitution, parliamentary governance, and public interest. Thus, ensuring the separation of powers and checks and balances between the executive and other branches of government is vital. Accordingly, enhancing the accountability and transparency of executive actions and decisions to the legislature, the judiciary, and the public will make the executive more productive and efficient.
Furthermore, there is a need to improve the efficiency and effectiveness of public administration and service delivery by adopting modern management practices, innovative technologies, and performance indicators. Therefore, it is vital to Foster a professional, merit-based, and diverse civil service that adheres to ethical standards and codes of conduct. It is political governance, and therefore, it is significant to encourage public participation and consultation in policy-making and implementation processes. In a federation like Pakistan, facilitating intergovernmental cooperation and coordination among different levels of executives in a federal system is vital. Therefore, the role of the council of common interests is important for federalism and good governance. Hence, the executive branch of the government is the most vital organ of governance as it implements the law, policies, plans and programs. Furthermore, it represents the writ of the state, and therefore, it must be functional to executive the governance plans, programs and agendas.
Please, subscribe to the monthly magazines of republicpolicy.com
The judiciary is the most vital part of governance in interpreting laws, implementing human rights and enforcing judicial and executive reviews. Therefore, reforming the judiciary is critical for the cause of good governance in Pakistan: The judiciary is the branch of government that interprets and enforces the law. Accordingly, it is significant to enhance its role in good governance and the rule of law; for that end, the judiciary should be independent, impartial, accessible, and competent with a vision to respect the separation of powers. Therefore, it is essential to recruit judges competitively at all tiers of induction. The appointment of judges should not remain closed to lawyers only but rather to all experts, civil servants, and professionals who are competent and may have the professional excellence to win the legal competitive examinations.
Furthermore, as an institution, it is also of paramount significance to safeguard the independence and autonomy of judges and courts from any external interference or influence. Independence of the judiciary is critical for good governance, the rule of law and federalism. The judiciary is the last institution which saves a nation and state from falling. If the judiciary falls, the nation and state fall. Therefore, it is critical to ensure the impartiality and integrity of judges and courts by applying clear criteria and procedures for their appointment and removal. Then, the role of bars and benches should also be redefined. There is an excessive pressure of bars on judges, which hinders their independence and decision-making processes. Furthermore, improving the accessibility and affordability of justice for all people by reducing delays and costs in judicial proceedings and providing legal aid and alternative dispute-resolution mechanisms is also critical. There is massive undesired litigation in Pakistan. Rather, people use it for their ulterior causes, and therefore, it is vital to work on case quality indexes so that unnecessary litigation may be avoided. Litigants should be aware that they will be responsible for useless litigation.
It is also important to administratively reform the judiciary. Enhancing the competence and capacity of judges and courts by providing adequate resources and training and adopting modern technologies and practices is important. Furthermore, it is also crucial to strengthen the accountability and transparency of judges and courts by establishing effective mechanisms for judicial review, discipline, and evaluation. The judges in Pakistan are overburdened. Therefore, the use of technology and easing down procedures can help in the dispensation of effective justice.
Therefore, like all other institutions, the feedback and trust of the public is also important.
The government means the legislature, judiciary and executive. Therefore, it is also critical to have a functional administrative relationship among the organs in order to provide effective and efficient good governance and service delivery to the public in Pakistan.
Please, subscribe to the YouTube channel of republicpolicy.com
