Use of Legislation as a State’s tool of Power to Administer Good governance :
Good governance is the manner in which power is exercised in the management of countries’’ economic and social resources for development.
UNDP - this situation of participatory transparency, accountable, effective and equitable conditions which promote the role of law is called good governance.
There are different elements which reflect having good governance in a country. Such provision of good governance are :-
Constitution of Nepal; 2072
- Preamble: provision of respect to citizens, to be void if it collides with rule of laws
- Part 3: fundamental rights
- Article 51: b(4) good mornings by ensuring equal and easy access of people to services.
- Article 84,86: affirmative action in regard of representation of women, dalit, indigenous and other groups.
- Article 115: provision of not taking unnecessary tax.
- Part 21-27: provision of different types of commissions.
Good governance act 2064
- Preamble :- it has incorporated the elements like public administration, participatory, pro public, accountable, transparent, inclusive which are basic elements of good governance
- Section 6:- it has mentioned that the basis for executing administrative functions are rule of law, equity, inclusiveness, guarantee of human right, corruption free
- Section 25:- it has incorporated the concept of citizen charter
Right to Information Act 2064
- Background: The base of assimilation of information in Nepal was primarily propagated by Rup Chandra Bista. The constitution in article 27 is also in the provision of Right to Information.
- Preamble :- this Act has been made to make the function of the state open and transparent.
- Section 3:- it has provision regarding access to information held in public bodies.
- Section 9:- it provides that if such information is not given then a complaint can be made within 7 days.
CIAA Act 2048.
Anti Corruption Act 2059.
In these ways the legislation can be used as a state’s tool of power to administer good governance.
Prepared and Edited By: Manish Rajak & Madhu Dahal
