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Governance UPSC Notes Principles Pillars and Policies

Understand good governance, its 8 pillars, historical references, constitutional values, and key government initiatives with examples for UPSC preparation.

By Vanshika•Oct 14, 2026, 17:58 IST•2,967 views
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Governance#

Governance, in simple words, can be defined as a process that leads to policy-making and policy implementation. Governance in general focuses upon the what, how, and why aspects of development and policymaking.

The World Bank defines governance as the manner in which power is exercised in the management of a country's economic and social resources for development.

UNDP defines governance as the exercise of political and administrative authority to manage a country's affairs at all levels. It comprises the mechanism, process, and institution through which citizens articulate their rights, exercise their legal rights, meet their obligations, and mitigate their differences.

Is governance limited to government only?#

Governance is not limited to government. While government includes the legislature, executive, and judiciary, governance includes not only the government but also civil society, NGOs, and private players, media. Focuses purely on citizen-centric administration.

We can say,

  • While government is structural, governance is functional.
  • While government is rule, governance is goal.
  • While government is a decision maker, governance is a process.
  • While government is a decision maker, governance is a process.
  • While government focuses upon roles, governance focuses upon performance.
  • While government focuses upon implementation, harmony, and coordination with efficiency.
  • While government focuses upon output, governance focuses upon outcomes.

e.g. Jan-Dhan scheme. The objective of Jan-Dhan scheme was to ensure financial inclusion. However the other objective of Jan-Dhan was also to bring rationalization in welfare schemes and eliminate ghost beneficiaries in meeting social aspirations, which can further bring accountability and transparency into the system, which was accomplished by JAM Trinity, that is, Jan-Dhan, Aadhaar, and mobile. This has paved the way for nationalization, accountability, and transparency.

Good Governance#

Good governance is when governance is carried out with due concern for several elements such as transparency, accountability, responsiveness, etc. and can be termed as good governance. The concept of good governance was popularly given by developed world countries, expecting it to be followed by developing third world and fourth world countries.

Good governance as a concept was established. Its focus would bring out third-world and fourth-world countries (that is, the Global South and LDCs) from absolute poverty and inequality.

The World Bank in 1992 advocated this concept of good governance and this model of good governance was refurbished in the year 1997 by the UN in a UNDP document.

UNDP highlights eight pillars of good governance, which are shown below.

Pillars of Good Governance#

  • Accountable
  • Transparent
  • Equitable and inclusive
  • Effective and efficient
  • Follow the rule of law
  • Participatory
  • Consensus-oriented

Participation#

People's participation in government, either directly or indirectly, ensures good governance and this is done through elections, protests, demonstrations, public debates, indirect participation in policymaking through forums like mygov.in

Consensus-oriented#

UNDP advocated that views of all the sections should be taken into account, thereby establishing a common position. This can be done through consultation, post-legislative input, continuous feedback, etc.

Accountability#

Accountability means the responsibility of government, which ensures a mechanism where questions can be asked about the functionality of government. This should be done at both the vertical and horizontal levels, keeping a check on action. This can be done through social audit and their different instruments, like RTI, through which we can achieve this.

Transparent#

It is the process or a provision that makes it possible for the people to know the decision-making of the government. Information should be freely available in an easily understandable format, like a self-declaration or proactive suo moto disclosure.

Responsiveness#

Government should respond to the need within the given time frame. The response should be educated and it should be citizen-friendly and this can be done through the Right to Service Guarantee Act.

Equitable inclusion#

No citizens shall be excluded, even the weakest must be given an opportunity to participate in the process, taking measures to provide equity to individuals. In India the reservation policy is the classic example based upon intelligible differentials and provides equitable and inclusive participation.

Effective and efficient system#

Resources are limited or are not unlimited. Therefore, with the concept of sustainability, efficiency comes and establishes challenges at the same time. From the perspective of governance this should not be counted as a challenge, rather as an opportunity. Therefore we can achieve this efficiency part through evaluation of scheme performance linked incentive, etc.

Rule of law#

For effective and efficient administration, impartial enforcement of law, and protection of human rights, the rule of law is very important. This can be done through an effective judicial system and police reform.

Historical Reference to Good Governance#

Is good governance a model, a concept given by the West, or is it a concept which was very much there in the roots?

Although good governance as a concept was largely popularized by the Western world, there have been numerous references where good governance is seen in history.

Ramayana references#

The concept of Ram Rajya in Indian society can be seen when the happiness of praja and better governance through justice is good governance. The episode of Sabri highlights the concept of an equilateral inclusive society, whereas Agni Pariksha, on the consensus apprehension of people and the obligation of the king, even above the family, is for the people and highlights accountability.

Mahabharata references#

In this period leadership, dutifulness, self-realization, and above all, the establishment of the rule of law i.e., through dharma-yuddha is the classic example of modern-day good governance only.

Kautilya's Arthashastra#

In Kautilya's Arthashastra the welfare of people was considered paramount in the role of the king. In Kautilya's period efficiency through the model of accountability was the epicenter, which is similar to modern-day values of good governance.

Ashoka Period#

In the 2nd and 3rd centuries BCE, Ashoka's edicts can be seen. Emperor Ashoka's inscription on pillars, on rock, across the empire lists policy and edicts promoting transparency in governance. These edicts communicated the emperor's directive and moral guidelines, ensuring that the people were informed about the government's action and intention. This shows transparency.

In the Ashoka Empire responsiveness can also be seen through this, as he appointed dharmamahamatras to look after people's welfare and address their grievances. This shows participation and transparency both.

Gandhi-Modern history#

Gandhi advocated, during the freedom struggle, the concept of swaraj, which means good governance, which is the classic example of our commitment towards modern India and accountability. He advocated for harjan Seva in his attempt to bring about and ensure that society is established to foster commitment and to end the caste divide.

Indian Constitution#

  • The Indian Constitution, even today, outlines the commitment to a welfare society and ensuring socio-economic justice.
  • The rule of law can be seen and traced in the very founding principles of the Constitution.
  • Even the modern goals of the UN and the SDGs, which India has been committed to following, have outlined the commitment of India to establish and pursue their goals with full commitment.

Finally we can say that UNDP consolidated the idea; however these ideas have been very much cherished since ancient times.

Initiatives of good governance#

As a party to International Covenant on Civil and Political Rights (ICCPR), India is under an obligation to effectively guarantee citizens.

  • RTI as per Article 19 of ICCPR
    • RTI Act, 2005, makes a significant shift in Indian democracy.
    • It gives greater access to citizens to information, which in turn improves the responsiveness of government to the community's needs.
    • RTI promotes openness, transparency, and accountability in administration by making the government more open to public scrutiny.
  • E-governance
    • National e-governance plan vision: to make all governance services accessible to the common man in his locality. Through common services delivery outlet to ensure efficiency, accountability, reliability, and such services at an affordable cost
    • e-governance effectively delivers better programming and services in the area of newly emerging communication technology, which was held out as a new opportunity for rapid economic transformation worldwide.
    • e-governance has direct impact on each citizen who deliver direct transaction who derive direct transaction with services offered by government. Various initiatives have been taken.
    • Example: PRAGATI, Digital India Program, online income tax where the focus is on minimum government and maximum governance.
  • Legal reforms
    • The central government has nearly scrapped 1,500 absolute laws and rules with the aim of bringing transparency.
    • India has reformed the criminal justice system, where the new laws Bharatiya Nyaya Samiksha (BNS) and Bharatiya Nagarik Suraksha Samiksha (BNSS) have been made.
  • Policy Reforms
    • In police various steps have been taken in the existing framework and the government has formed and provided, in laws, various frameworks to bring accountability.
    • For example, new provision of FIR
      • Under BNSS, provisions for registering an FIR irrespective of jurisdiction have been outlined. The officer in charge can't refuse to register an FIR on the basis of lack of jurisdiction. He is legally bound to register an FIR.
    • Rules for videography, which are as follows:
      • BNSS mandates videography during the search conducted by police. A cloud-based mobile application e-Sakshya has been designed by the National Information Centre for law enforcement agencies, which allows multiple photos and videos as e-Sakshya in an initiative under ICJS (Interoperable Criminal Justice System). This data will be available to other agencies such as the judiciary, prosecution wing, and forensics.
    • Provisions of arrest
      • Information about the arrested person must be mandatorily displayed at the police station. Section 37 under the NSS requires a police officer in every police station, not below the rank of ASI, to be responsible for maintaining and prominently displaying the information about the arrested person.
      • Boards, including the digital board, must contain the name, address, and nature of offense. Must be input outside the police station and district control room
      • Provision of an officer not below the rank of DySP is mandatory for arresting a person charged with an offense where the punishment is less than 3 years if the person is in the age of 16.
    • Rules related to timeline
      • In case of medical examination of a victim of rape, the registered medical practitioner needs to forward the medical report to the investigation officer within 7 days.
      • Investigation of POSCO cases is required to be completed in 2 months of recording the information of an open case is with rape cases.
      • It is to be noted that in the case of zero FIR once the case has been registered, the transfer of the case to the appropriate police station must happen.
      • Information of such can be given orally, in writing, or through e-medium. The electronic mode by which the information must be given is to be decided by the agency called CCTNS (Crime Criminal Tracking Network System).
  • Aspirational District Program (ADP)
    • ADP was launched in January 2018 to transform the lives of the people in underdeveloped areas in a time-bound manner.
    • This was anchored by NITI Aayog. The program was launched for 112 backward districts with focused intervention in the fields of health, nutrition, agriculture, education, water management, financial inclusion, etc.
    • After the successful completion of this program, 500 blocks have been adopted. This is called the Aspirational Blocks Program for achieving the objective of viskshit sanklap making India Vikshit Bharat.
  • Good Governance Index
    • Good Governance Index was launched on the occasion of Good Governance Day on 25th December 2019.
    • Good Governance Index is a uniform tool across the state to access the status of governance and impact various interventions taken up by the state governments and UTs.
    • The objective of good governance are to provide quantifiable data to compare state of governance in all states, enable the state to formulate and implements suitable strategies for improving governance and shift to result oriented approaches and administration.
  • Ease of doing business
    • Various steps have been taken by the government to improve the business conditions including legislation, meant to improve country's business environment and policy business ecosystem such as Bankruptcy Code, GST and Anti-money Laundering Law, providing a safe environment to not only enter but to exist.
    • Government has launched Make in India program which is crossing new milestone every year. For instance in the defence sector alone the defence production as reported in 2026 financial year have sowed 1.78 lac crore.
    • In 2014-15, the defence production was merely 46 thousand crore. Defence exports in 2014 was 686 crore whereas in 2025-26 it is 38 thousand 424 crore. Export is reaching 80+ countries, which is a 5500% increase in 12 years.
    • Government of India has launched Mission Mode project. In 2014 and before the ease of doing business ranking was 142 out of 185. The last data although government has been making their steps towards business ready world ranking, but in 2020 alone the World Bank ranked India 63 out of 185 countries.
    • As per global reputed economic intelligence unit, India has been placed under top 10 countries for ease of doing business country. Number one being Singapore.
      India_Defence_Production_Growth.png
      defence_budget_trend.png
      defence_export.png
  • Decentralization
    • The centralized planning commission has been abolished and it has been replaced with thinktank called NITI Aayog which is focusing upon the idea of cooperative federalism that is walking working with the state.
    • 14th Finance Commission increased the tax devolution of the divisible pool of state from 32% to 42% for year 2015-2020. It provides more finances. 15th Finance Commission more or less retained the same it is 41%, 1% for Jammu and Kashmir as it was under the President rule. In short it provides more freedom to states to initiates schemes based on local factors.

Challenges of Indian Judicial System#

It is believed that these problems have created institutional deadlock while actually functioning not on the concept of "Justice late is Justice denied" but on the principle of "Justice hurried is Justice buried". The problems are

  • Transparency
  • Pendency
  • Corruption

Transparency#

Transparency in appointment through referrals. The concept of "Uncle Judges", nepotism, roasters have largely promoted mediocrity and have raised eyebrow over fair judicial system.

Pendency#

Pendency is because of three challenges

  • Appointment
    • Appointment is delayed because lack of coordination between government and judiciary specially in higher judiciary and lower judiciary the issue of vacancy is another issue that has enlarge the pendency.
    • As it has been reported the Indian Justice Report, recently no courts in India is functioning in full strength and capacity.
    • As per Indian Justice Report, the strength on few courts are full. More than 95% courts have vacancies.
  • Infrastructure
    • As per PRS Legislative research 2023, against the judicial officers the courts are very limited. Presently 26% of the courts complex still do not have separate ladies toilet, 16% do not have gents toilet also. 5% only has medical facilities, 32% have separate record rooms, 51% have library resulting in poor research which intern results in efficiency of judgements and arguments
  • Procedural innovation
    • As use of information, communication is warranted keeping in mind the changing paradox and ecosystem of e-governance only 26% courts have computer on judges desk.
pending_cases.png
pending_hc_cases.png
pending_district_court_cases.png

Corruption#

Indian judiciary is suffering from unethical practices as reported by various watchdogs. Madras High Court recently said judges are not a holy cow. Corruption in the judiciary can emanate from bench fixing to disproportionate assets as a result. Recently in 2026, Justice Verma was found guilty in the investigating report of the Supreme Court.

Recently in massive apprehension and disbelief in the judicial system in India, various committees have pointed out that a cooling period is required for judges after retirement, as they have been given favourable posts after their retirement. This casts apprehension upon the judgement they have given during their tenure.

In a major crackdown in 2025, a total of 12 judicial officers across three states were suspended and compulsorily retired. Action followed a high-level inquiry into disproportionate assets and a questionable bail order that ignored a statutory requirement.

The CVC report (Central Vigilance Committee report 2025) highlighted a 15% rise in complaints, especially those targeting lower clerical staff or illegal rectification related to case number and filing. According to the Corruption Perception Index, India ranked 91 out of 182 in 2025. Although there was a slight improvement from 1996 to 2024, the report noted that justice and the rule of law continue to create a climate of impunity.

World Justice Report 2025: India's score for the absence of corruption in the judiciary remains below the global median (77 out of 142 countries).

Challenges to good governance#

Corruption#

Corruption is considered to be such a practise as to gain any wrongful gain by a person misusing public office or public authority. Corruption is considered to be a major obstacle in improving the quality of governance, while human greed is obviously the key factor. It is the poor enforcement of the system to punish the corrupt which has contributed to the rising curve of crap in India. As per Corruption Perception Index 2025 by Transparency International, India stands at 91 out of 182 countries.

Gender disparity#

In India women are discriminated against in various social ways, resulting in less representation in government institutions and other allied sectors. As per UN women IPU data, India stands 151 out of 182 countries in terms of representation of women in parliament. Presently, keeping in mind democracy and sex ratio, that is, 50% representation in parliament, women are represented by less than 15% in both Lok Sabha and Rajya Sabha. In the latest Global Gender Gap Report 2025 released by the World Economic Forum, India is ranked 131 out of 148 countries. It represents a slight decline in rank, from 129 in 2024.

As per female workforce participation rate 2025-26 data, in rural areas for women it is 39.7%. In urban areas it remains lower at 25.5%. On the other hand rural males are 78.4% and urban males are 75%. That shows a mismatch.

While the graduation rate among women is high, a recent study noticed that marriage penalty and safety concerns still keep a significant portion of educated women out of the paid workforce.

Swami Vivekananda as rightly said, "It is impossible to think about the welfare of the world unless the condition of women is improved. It is impossible for a bird to fly only on one wing." Therefore in order to ensure good governance, it is essentially important to ensure the empowerment of women.

Criminalization of politics#

According to the Association of Democratic Reforms, earlier in 2019, 43% of members of Parliament in Lok Sabha were facing criminal charges. It jumped of 26% as compared to 2014. Now in the 18th Lok Sabha, 46% are facing criminal charges. According to this trend this clearly shows lawbreakers are becoming lawbreakers. The political procedure and unholy nexus between politicians, civil servants, and business houses are having a harmful influence upon policy-making. The political class as such is losing its respect and therefore serious amendments are required in the Representation of the People Act.

Growing incidence of violence#

India is inspiring to become a global world leader in education, technology, economy, etc. but one of the major challenges is the rise in crime. As per the Crime in India report released in 2026, nationwide crime registration rose 7.2%.

There is a massive transition from physical to digital work. Cybercrime surged by 31.5%, with financial fraud and sexual exploitation being the primary factors. Interestingly murder rates fell by 12.8% and rape cases decreased by 5.9%. Nationally however, offences affecting the human body still accounted for 31.5% of all crimes.

It becomes clear that peace and progress are proportional to development. Congregated efforts are required to tackle this mess. All the law and order are state subjects and NHRC (National Human Rights Commission) data shows a rising number of cases in custodial death and police torture.

Marginalisation#

As per NCRB (National Crime Report Bureau) data, a strategic 28.8% increase in crime against ST communities were reported. As per NCRB, crime against children increases by 9.5%, with the offender known to the victim in more than 92% of cases. Despite there having been various laws for the protection of minorities and children, socially and educationally backward classes of society. However these indicated data highlights, law alone are not sufficient for tackling the menace. Systematic efforts involving civil societies are also required.

Rural-Urban Divide Centralization#

Government at the local level can function efficiently if they are empowered to do so. This is particularly relevant for the PRI, which currently suffers from inadequate division of funds as well as functionaries to carry out the function constitutionally assigned to them. PRI in India is suffering from a triangular problem of function and functionary, where the lack of adequate division and transfer of power has resulted in a poor governance structure and shows a lack of decentralisation.

As per the Panchayati Raj and Rural Development Ministry, although representation at the grassroots level in Panchayati Raj has increased, the concept of sarpanch-pati (proxy) representation is still prevalent. Highlights: Functional independent autonomy is necessary for improving the status of socioeconomic development in the rural periphery.

Reforms for Good Governance#

Judicial Reforms#

National Judicial Infrastructure Authority#

The judicial infrastructure, as we have read earlier, is posing a serious challenge to the efficiency of the judicial system in India. Therefore NJIA was recommended by the Law Commission in its 229th report and recommended by former Chief Justice NV Ramana. It mandates that, as there are infrastructure bottlenecks, the infrastructure authority would oversee the infrastructural requirement and challenges.

Reasons for infrastructural lag#
  • Lack of funds
    • With the lack of funds, which are extended for judicial purposes primarily, as most of the budget in India is overspent on socialist welfare or populist schemes, even the Finance Commission chairman voiced and expressed their concerns.
  • Centrally sponsored scheme
    • Most of the funds are primarily extended through centrally sponsored scheme, where centre and state both have to contribute. States don't contribute their share quota even if the funds are shared and effectively utilised for non-judicial purposes.
  • Lack of political will
    • Even the money is sometimes left unspent because of negligence or factors like criminalization of politics, which has prevented the political class from taking appropriate action accordingly.

The purpose of NJIA would be to work as a central agency, with each state having a judicial infrastructural authority, much like the NALSA model. NJIA would take control of budgeting infrastructure and should be placed under the Supreme Court of India. Although it will not suggest any major policy changes, it will give complete freedom to the High Court to strengthen lower courts. The funds would be utilised in the manner recommended by the High Court on the need of the district court.

For this proposal, however, there is a lack of concern among the political class, resulting in apprehension of judicial encroachment into the legislative and executive domains.

National Court of Appeal#

NCA with regional benches in Chennai, Bombay, and Kolkata are meant to act as a final court of justice and deal with the decisions of the High Court in matters from the region related to civil, criminal, labour, and revenue. In such a scenario the Supreme Court in Delhi would only hear matters of constitutional law and public law.

Positives of NCA#
  • Geographical accessibility
    • It will address the issue of accessibility of people living in remote backward corners of the country and the different bench would make sense of geographical disparity. It will be a cost-effective exercise as there is a high cost of engaging a senior.
  • Different benches would also give a regional touch and regional aspiration to judgement. Judgement would be taken into account. The Supreme Court would be left with only constitutional matters and would be matters of constitutional law and public law.
  • As a result much power would be able to provide checks and balances to the system.
  • It was mandated by the Law Commission of India as the cases in the Supreme Court are rising.
Negatives of NCA#
  • It is a misnomer that the number of cases would be reduced. Actually it is not the Supreme Court, which has a burden of 94,000 cases. Rather it is a district court where more than 5 crore cases are pending.
  • It will create another layer of adjudication. As a result it can increase pendency.
  • In the case of conflict between regional benches, the matter will again reach the Supreme Court.
  • Depriving access to justice is a violation of rights enshrined in the founding principle of our Constitution.
  • It will increase the financial burden and the result outcome is less as compared to the financial burden.

Therefore although NLA will establish a more proactive Supreme Court where matters of grave importance would be taken up and decided. However this may be a long-term solution. In the short term the effectiveness lies in ensuring how reduction in pendency at the district court in pendency comes.

Procedural Innovation#

  • Case management software can be used where clubbing of similar cases can happen. Use of artificial intelligence Analyse past judgement, case analytics and predict case outcomes.
  • Training and capacity building of the judges.
  • Use of ICT (Information Communication Technology)
  • Government must move from proactive litigation to responsive litigation.
  • A fast-track court must be established for crime above 3 years.
  • Court should provide clear judgement leaving no scope for further litigation.
  • Plea bargaining system must be followed for a crime of above 3 years, as recommended by the Malimath Committee. Plea bargaining is pre-trail legal agreement where an accused person pleaded guilty do a charge or a lesser offence in exchange for concession from the prosecution such as reduced charges, dismissal of secondary counts and lenient sentence.
  • Time for trial should be established.
  • PIL to publicity must be stopped.
  • Evening court, regional benches, and number of judges should be increased.
  • All India Judicial Service can be a way forward.
  • Regular family court will reduce the pendency.
  • Some initiative like Navya Vikas initiative of Maharashtra government must be promoted.
  • NITI Aayog suggestion for judicial performance index must be promoted.

Police Commissionerate System#

Historical Background#

Policing in India is based on the Police Act of 1861. From colonial rule we see a dual command system where the District Collector is overall in charge of all of the district and the Superintendent of Police reports to the District Collector. This system has been prevalent since the British system because the objective was to ensure revenue collection. They needed force plus managerial skills to unleash their tyranny. As a result the worst officers were sent to India and it was required to put them under District Collector. When a situation of law and order prevailed, a Police Commissionerate was the choice.

The day before 1861, the Calcutta, Mumbai, and Chennai Commissionerate system was there. As a result it has given a very good result. The 2005 draft policy was framed under the Home Minister and it recommended a metro system and major urban areas to have this kind of system.

Constitutional Legal Provision#

Under the 7th schedule, police is under the state list. The political executive has the power of superintendence. The Centre is allowed to maintain its police, assist the state, and the state police has to assist as asked, that is, civil police and armed police. Civil police is for day-to-day administration and law and order challenges. Armed police is when armed riots took place.

Dual Command System vs Police Commissionerate System#

Dual Command SystemPolice Commissionerate System
In this system control is with the district magistrate and direction with the superintendent of police over the police.In this system it will have a unified command system where the Commissionerate of Police, with the rank of DIG (Deputy Inspector General of Police) and above, is the sole head of police in the city, allowing for quicker response to law and order situations.
Separation of powers is there. The District Magistrate issues a warrant and the Superintendent of Police investigates crime and makes an arrest.The power of police and magistracy is concentrated with the commissioner directly and accountability to the state police is there.
Lesser concentration of power, therefore accountability is there. District magistrate at district levelCommissioner is less accountable to local administration.
Inspector onward rank structure is the same everywhere.Instructor on what rank structure is the same everywhere

Need of Police Commissionerate System#

Commissionerate System is the most authoritative system in India, where law and order is the primary epicentre of governance. Therefore it is essential to have its authoritative system as India is rising in every sphere in the quest toward becoming a world leader.

It can manage and tackle a large population. The population may have various challenges (for example, student agitation, communal violence, and labour agitation). These problems are thrown to the district administration. Therefore various committees have recommended this system in cities having a large population.

Some conditions require a special handling mechanism and a real-time solution as the propensity of crime and criminals is seen to be running an organised nexus. Operatives operate at small budgets, posing a threat to national unity and integrity. Example: urban Naxal, cyber policing, cyber phishing scam, digital arrest, etc. Now artificial intelligence-based crime has become a new normal. Therefore it is essential to have a real-time quick-response mechanism with proper accountability.

The Commissionerate system provides better coordination between the Superintendent of Police and the Inspector, with a better chain of command. It helps in boosting the confidence of employees, as they will be able to understand the challenges in many aspects, which may not be able to be understood by civil administration.

Challenges of Police Commissionerate System#

  • One of the major concerns is the use and misuse of police power. The fear of uniform, frequent, and encounter-related human rights violations has pointed out that checks and balances are compromised in this system.
  • It is also seen that the Police Commissionerate system is successful in those areas where the civilian population has knowledge about their fundamental rights and legal literacy.
  • Most of the protests are done by civilians. Why need a stick when a district magistrate or district collector could act as a cheap arbitrator?
  • Shielding of officers is another major challenge. That is, police shield police, which allows the operation beyond the rule of law.

What can be called a Better Commissionerate System?#

  • A better commission rate system is, commissioner uses degree of restraint.
  • Choice of commissioner is very important, i.e. he should be of impeccable integrity.
  • Better Commissionerate system means better detection of crime, better quality of investigation, increase in conviction rate, protection of rights, decline in crime rates.
  • Better Commissionerate system means trust building through community building.
  • Better Commissionerate system means better police infrastructure, no unlawful torture, police should be in the best shape: transparent, corruption-free, and ethical police.

Supreme Court directives to prevent police abuse of power#

The Supreme Court issues landmark directive to prevent police abuse of power

  • Formation of a National Security Commission or Council for better coordination between the centre and state to prepare panels and appoint chiefs of central paramilitary.
  • State Security Commissioner to prevent the state government from exercising unwarranted influence or pressure on state police.
  • Tenure Fixing
    • The Director General of Police must be selected by the state government from a panel of the three senior-most officers, and the panel is to be constituted by the UPSC based on merit, seniority or length of service.
    • Minimum tenure for operational police, that is, SHO
  • A police establishment board must be created to regulate transfer and posting of civil servants.
  • Police complaint authority
    • An independent mechanism, both at the state and district levels, to ensure citizen complaints are addressed, should be headed by a retired Supreme Court judge

Alternate Dispute Resolution (ADR)#

Alternative dispute resolution is a technique to resolve disputes and disagreements between the parties by arriving at an amicable settlement through discussion. It is an attempt to establish an alternative mechanism other than the traditional method of dispute resolution. Alternate Dispute Resolution Mechanism offers to facilitate the resolution of matters of business issues and other matters where it has not been possible to initiate any process of negotiation or arrive at a mutually agreeable solution.

In India alternate dispute resolution is established on the basis of Article 14 and Article 21, that is, the right to life and personal liberty. The director principle of state policy of equal justice and free legal aid, as engraved in Article 39A, can also be achieved through alternate dispute resolution. It is to be noted that section 89 of Civil Procedure Code, 1908 outlines that if appears to the court that there is a exist element of settlement outside the court, the matter can refer to ADR.

Types of Alternate Dispute Resolution#

  • Arbitration (passes the judgement)
  • Conciliation (Persuasion)
  • Mediation (third party)
  • Lok-Adalat (judicial settlement)
  • Negotiation
Arbitration#

Under this form of ADR both parties involved in the dispute choose the person to hear and determine their dispute through consensus. The objective of arbitration is to arrive at a fair resolution through an unbiased tribunal, speedily and in a cost-effective manner. Even the evidence not covered under the evidence set is counted.

Conciliation#

The intention is to facilitate the settlement between the parties. The parties, however, are not obliged to or bound by the conciliation in the sense that negotiation can be carried out until parties arrive at a mutually pleasing settlement. When they sign it, it becomes binding.

The process is handled by an impartial individual termed a conciliator. He is an active participant in the process of conciliation and is involved in discussing the issue, negotiating, and bringing about an amicable settlement.

Mediation#

Refers to preventing deadlock in communication.

A mediator is involved in assisting the parties to reach an agreement. The parties in the dispute set the condition of the settlement to be reached. The third party does not impose any decision on the parties but merely acts as a facilitator, involving improving the dialogue between the parties. Sometimes it asks questions in such a manner that self-realisation would happen to the parties. It doesn't eventually provide a solution but cautions in a way that renders the solution to the existing problem.

Mediation Act, 2023#

The purpose is to promote, encourage, and facilitate mediation, especially institutional mediation, to resolve commercial and other disputes.

Pre-litigation mediation: parties try to resolve a civil or commercial dispute through mediation before going to court. Also at any stage the court can refer parties to mediation.

The disputes that can't be mediated include:

  • Dispute against a minor
  • Dispute against a person of unsound mind
  • Criminal prosecution
  • Rights affecting a third party

Mediation process is confidential and must be completed within 120 days, extendable by the parties by 60 days. No audio/video recording is allowed. A party may withdraw after two sessions. A mediator can appoint parties to the contract.

Mediation Council of India#

Mediation Council of India is established by the central government. The council consists of:

  • a chairman
  • two full-time members with ADR experience
  • three auxiliary members, including a legal secretary, a finance secretary, and a part-time industry body

The tasks of the council include:

  • registration of mediators
  • recognition of mediation services provided and mediation institution education, which educates, trains, and certifies mediators

Mediation agreements resulting from mediation other than community mediation are final, binding, and enforceable in the same manner as a judgement. They may be challenged on the grounds of fraud, corruption, impersonation, and a related dispute not subject to adjudication. This can be challenged within 90 days.

It also has a provision for community mediation. Community mediation can be attempted to resolve disputes that are likely to affect peace and harmony among the residents of the locality. It is generally governed by a panel of three arbitrators.

Lok-Adalat#

Lok-Adalat system was brought through the Provision of Legal Services Authority Act, 1986, for expediting the system of dispute settlement. In Lok-Adalat, a dispute that is in the pre-litigation stage could be settled amicably. The matter cannot only be brought to Lok-Adalat if two parties give consent for adjudicating the matter through Lok-Adalat.

The decision of Lok-Adalat is considered as finalised and binding on the parties involved and it has the status of a decree of a civil court. According to Section 21 of the Legal Service Authority Act, such an award cannot be appealed before any court. However there are certain grounds on which the landmark judgement of the Supreme Court in the State of Punjab vs. Jalore Singh, 2008 case said the Supreme Court ruled that the award of a Lok-Adalat is final and can only be challenged on the grounds of:

  • fraud and misrepresentation
  • lack of consent, if parties did not voluntarily consent to settlement
  • violation of legal procedure, if the award was made without adhering to legal procedure or rules
Negotiation#

It is the most common method of ADR, a non-binding procedure in which discussions between the parties are initiated without the intervention of any third party, with the objective of arriving at a negotiable settlement of the dispute. Negotiation occurs in business, not-for-profit organisations, government offices, legal proceedings of our nation, and in personal situations such as marriage, divorce, parenting, and everyday life.

Advantages of ADR#

  • It is cost-effective as ADR is generally less expensive, as they require fewer resources and less time.
  • Time-efficient, that is, faster resolution. ADR typically resolves disputes much quicker than the traditional court process, which can take months or a years.
  • Flexibility: Parties have more control over the process, including settling the timeline and choosing neutral third parties, which can lead to a more tailored and satisfactory outcome.
  • Confidentiality. Unlike court cases, which are public, ADR usually is confidential, protecting the privacy of the parties involved.
  • Greater control over the outcome. In a mediation and negotiation the parties involved have more control over the final agreement rather than having a decision imposed by a judge.
  • Expertise: Parties can choose arbitrators and mediators with specific expertise, potentially leading to a more informed and appropriate resolution.
  • Enforceability. In arbitration the decision is binding and enforceable in the same way as a court judgement.
  • Reduce stress. ADR processes are typically less formal and intimidating than court proceedings.
  • Access to justice: ADR can be more accessible for individuals or groups who find the traditional system complex because of procedural inefficiency and anomalies.

Challenges of ADR#

  • Lack of awareness. Many people in India, particularly in rural areas, are not aware.
  • Resistance from the legal fraternity and lack of institutional support. Sometimes even lawyers are not interested in going through the routes of ADR.
  • Limited access to quality mediators. This is true especially in a smaller town and rural region. Finding trained or experienced mediators or arbitrators can be difficult, which limits the effectiveness of ADR.
  • Sometimes it becomes lengthy and because the option of challenging the judgement is always open under certain circumstances, that defeats the purpose.
  • It is also facing the issue of compliance, which eventually leads to court proceedings.
  • Financial constraint: conducting regular law and order is a capital-intensive exercise. The previous decades have seen confrontation between the centre and the state, resulting in challenges.
  • ADR is expensive. Sometimes contrary to the opinion that it is perceived as cost-effective, institutional arbitration in India, especially for smaller businesses, is very high, making it less accessible.
  • Infrastructure bottleneck is another major challenge lagging the system.

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