To make governance good

Ram Varma

Good governance is the hallmark of civil societies. Governance proceeds in accordance with the laws enacted by the legislature and the rules framed for their enforcement. While macro policies framed by the legislature are generally laudable, the crux of good governance lies in improving micro-level implementation. RN Gupta, through the book suggests that implementation of policies will significantly improve if the behavioural tendencies of the stakeholders at the grass-root levels are taken into view while framing the rules.

Gupta has been working on governance issues at the Institute for Development and Communication in Chandigarh and has impeccable credentials. He has been an outstanding member of the Indian Administrative Service and had done prestigious assignments in the Government of India, Tripura and his home State, Punjab. In his earlier book, Governance Unbound, he provided a theoretical base for remoulding a wide spectrum of ‘wooden’ rules of governance in the light of the best practices in the West. 

In his new book under review, he develops the thesis further and gives specific suggestions for amending the rules from the behavioral perspective of the players in the field. Instead of a harsh and dictating tone, which informs most of our laws and rules, he advocates what is popularly known as the ‘nudge’ approach. Softer and subtle, it has proved to be more effective in designing statutes and rules compatible with human behaviour. 

After critically analysing why people avoid compliance with laws and rules, Gupta has offered several commendable suggestions. For example, he writes that instead of levying wealth tax, Governments should levy inheritance tax, which would be much less painful, as it is charged ‘only after death of the estate owner.’ He points out that banning the sale of cigarettes in loose form under the anti-smoking laws is counter-productive as smokers buying full packs tend to smoke more. Section 320 of Cr.P.C. contains a provision for compounding criminal offences. In author’s view, it will be more effective if it is made a ‘default option’ for the courts, thereby empowering the victims and disenfranchising the police. There are many more valuable ideas in the area of organ donations, female foeticide, income tax and labour laws, and of course towards improving bureaucratic efficiency.

By giving a sub-head ‘Guarding the Guardians’ in the chapter on Crime Control the author refers to the Greek philosopher, Plato, who envisioned an ideal Republic. Gupta laments that in India, the wheels of justice move slow and the rates of conviction are low. He omits to add, however, that the time taken in convictions is also inordinately long. Even murder cases take a decade or more to be decided. Adjournments for months are routinely given, while in every civilised country, murder trials take place on day to day basis and decisions are made in a few months. A quick decision is the biggest deterrent to crime.

This pithy book contains penetrating insights and valuable suggestions for improving governance in India. It is hoped that the country’s guardians would pay heed.