FACULTY OF LAW

Varanasi-221005
2019-2020

“Good Governance Assignment”

TOPIC: “Sustainable Development & Governance”

Submitted by: Under Guidance of:

Name: Aryan Kaushal Prof. Abhishek rai

Class: B.A.LL. B
Semester:8th
Roll no. 15
Enroll no: 391217
 ACKNOWLEDGMENT

I would like to express my special thanks of gratitude to my Prof. Abhishek rai, for his
support, guidance, conversations and theoretical discussions, who gave me the golden
opportunity to do this wonderful assignment on the topic Sustainable Development &
Governance, which also helped me in doing a lot of research. I am thankful to Sir for his
comments and support throughout this assignment.

Secondly, I thank everyone for their supervision in the final stage of writing the assignment. I
thank those who welcomed me for their help.

Last but not the least I would also like to thank my parents and friends who helped me a lot in
finalizing this assignment within the limited time frame. I therefore acknowledge their faith,
trust, loyalty and honesty.

Aryan Kaushal
 Table of Contents
ACKNOWLEDGMENT 2

SUSTAINABLE DEVELOPMENT & GOVERNANCE 4

1. ABSTRACT 4

2. ORIGIN OF SUSTAINABLE DEVELOPMENT 5

3. WHAT IS SUSTAINABLE DEVELOPMENT AND SD GOALS? 6

4. GOALS OF SUSTAINABLE DEVELOPMENT 6

5. SEVENTEEN POINTER TARGETS 7

6. SUSTAINABLE DEVELOPMENT GOALS IN INDIA 7

7. JUDICIAL OVERVIEW IN INDIA: 8

8. PROGRESS AND CHALLENGES AHEAD 9

9. PROGRESS 9

10. CHALLENGES 10

11. VARIOUS METHODOLOGIES HAVE BEEN EVOLVED TO MONITOR THE

PROGRESS OF SDGS. 11

12. WHAT IS GOVERNANCE? 12

13. GOVERNANCE 12

14. INITIATIVES FOR GOOD GOVERNANCE IN INDIA 14

15. CHALLENGES TO GOOD GOVERNANCE 17

16. GOOD GOVERNANCE AND SDGS 19

17. GOOD GOVERNANCE AND ENDING POVERTY 20

18. ZERO HUNGER 20

19. CONCLUSION 21
 Sustainable Development & Governance

1. Abstract

This assignment explores two concepts which are gaining prominence around the world:
Sustainable Development (SD) and Good Governance. This provides a literature review on
both and their histories. The two are then related to each other in order to explore the
interrelation and integration between the two such major concept. To achieve SD requires Good
governance, and achieving Good Governance requires SD.
Keywords: Sustainable Development; Good Governance; Corporate Governance;

2. Origin of Sustainable Development

Sustainable Development(SD) is a concept that has been developed, shaped, and transformed
over a period of 4 decades. The most widely used definition of SD was given by Brundtland
report in 1987 entitled Our Common Future. SD as “Sustainable Development is development
that meets the needs of the present without compromising the ability of future generations to
meet their own needs”

The 1992 UN Conference on Environment and Development in Rio de Janeiro promoted the
call for global partnership for sustainable Development. One of the results of this summit was
the establishment of the Commission on Sustainable Development (CSD) and the Agenda 21
program.

2002, World summit on sustainable(rio+10): Johannesburg plan of implementations. In a

climate of frustration at the lack of government progress, the Summit promotes “partnerships”
as a non-negotiated approach to sustainability.

Then, RIO+ 20, in Brazil 2012 The documentary screened at the Rio+20 conference – “Future
We Want” presented the idea of a post-2015 development agenda. The Sustainable
Development Goals agenda was accepted by all members of the United Nations in 2012 at the
Rio De Janeiro Council Meet with an aim to promote a healthy and developed future of the
planet and its people. It was in 2015 when the Sustainable Development Goals were
implemented after a successful fifteen-year plan of development called the Millennium
Development Goals.

3. What is Sustainable Development and SD goals?

“Development which meets the needs of the present without compromising the ability of
future generations to meet their own needs”

The Sustainable Development Goals are a set of seventeen pointer targets that all the
countries which are members of the UN agreed to work upon for the better future of the country.
It is in focus due to nature of human activities and its consequences on environment. SDGs
are not legally binding

4. Goals of Sustainable Development

There are three primary goals of sustainable development:

1) To minimize the depletion of natural resources when creating new developments.
2) To create a development that can be maintained and sustained without causing further harm
to the environment.
3) To provide methods for retrofitting existing developments to make them environmentally
friendly facilities and projects.
 5. Seventeen pointer Targets

6. Sustainable Development Goals in India

India’s record in implementing Sustainable Development Goals

 Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) is being
implemented to provide jobs to unskilled labourers and improve their living standards.
 National Food Security Act is being enforced to provide subsidized food grains.
 The government of India aims to make India open defecation free by the year 2019
under its flagship programme Swachh Bharat Abhiyan.
 Renewable energy generation targets have been set at 175 GW by 2022 to exploit solar
energy, wind energy and other such renewable sources of energy efficiency and reduce
the dependence on fossil fuels.
 Atal Mission for Rejuvenation and Urban Transformation (AMRUT) and Heritage City
Development and Augmentation Yojana (HRIDAY) schemes have been launched for
improving the infrastructure aspects.
  India has expressed its intent to combat climate change by ratifying the Paris
Agreement.

7. Judicial Overview in india:

India being a growing economy has seen rampant industrialisation and development in recent
past, which resulted in adverse impact on the environment. Witnessing such degradation, the
Supreme Court of India in a bid to protect the environment, played a significant role in shaping
and adopting the doctrine of Sustainable Development. This crusade for safeguarding the
environment was led by Justice Kuldip Singh, who famously came to be known as the 'Green
Judge'.

The two pillars of the doctrine of Sustainable Development are Polluter Pays principle and
Precautionary principle. The doctrine of Sustainable Development was implemented by the
Supreme Court in the case of Vellore Citizen Welfare Forum vs. Union of India1, The
Petitioners therein had filed a petition in public interest under Article 32 of the Constitution of
India against the pollution caused by discharge of untreated effluent by the tanneries and other
industries in the river Palar in the State of Tamil Nadu. In the instant case, the Supreme Court
held that the precautionary principle and polluter pays principle are a part of the environmental
law of India. The court also held that: "Remediation of the damaged environment is part of the
process of 'Sustainable Development' and as such polluter is liable to pay the cost to the
individual sufferers as well as the cost of reversing the damaged ecology."

The Hon'ble Supreme Court of India in Narmada Bachao Andolan vs. Union of
India2 observed that "Sustainable Development means what type or extent of development can
take place, which can be sustained by nature or ecology with or without mitigation".

India submitted its INDC on 01.10.2015 prior to the Conference of Parties in Paris and ratified
the Paris Agreement on 02.10.2016 on the birth anniversary of Mahatma Gandhi. India's INDC

1
AIR 1996 SC 2715

2
(2000) 10 SCC 664
is ambitious and shows strong commitment to combating climate change. India's % share of
global Annual emission is 5.7%, whereas USA's share is 15.1% and China's 28.6%. Thus, even
though on a global scale India is not a part of cause of problem, it has through its INDCs shown
its commitment to be a part of the solution3.

In M.C. Mehta vs. Union of India the Supreme Court issued directions towards the closing of
mechanical stone crushing activities in and around Delhi, which was declared by WHO as the
third most polluted city in the world. However, it realized the importance of stone crushing and
issued directions for allotment of sites in the new 'crushing zone' set up at village Pali in the
state of Haryana. Thus, it is quite obvious that the courts give equal importance to both ecology
and development while dealing with the cases of environmental degradation.

8. Progress and Challenges Ahead

9. Progress

As per the Sustainable Development Goals Report, 2019

 Extreme poverty has declined considerably.

 The under-5 mortality rate fell by 49 % between 2000 and 2017.

 Immunizations have saved millions of lives.

 The vast majority of the world’s population now has access to electricity.

 Countries are taking concrete actions to protect our planet: marine protected
areas have doubled since 2010.

 Countries are making concerted efforts to address illegal fishing.

3
www.moef.gov.in/sites/revised
  186 parties have ratified the Paris Agreement on climate change, and almost
all have communicated their first nationally determined contributions.

 About 150 countries have developed national policies to respond to the

challenges of rapid urbanization, and more than 70 countries and the European
Union now have more than 300 policies and instruments supporting
sustainable consumption and production.

 A wide range of other actors—international organizations, businesses, local

authorities, the scientific community and civil society—have engaged with the
SDGs in a manner that generates great hope for the coming decade.

10. Challenges

As per the Sustainable Development Goals Report, 2019

 Increasing inequality among and within countries requires urgent attention.

 3 out of every 4 stunted children live in Southern Asia and sub-Saharan

Africa.

 Young people are more likely to be unemployed than adults.

 Barriers in achieving gender equality.

 Global hunger has been on the rise after a prolonged decline.

 Extreme poverty declined from 36% in 1990 to 8.6% in 2018, but the pace
of poverty reduction is starting to decelerate as the world struggles to respond
to entrenched deprivation, violent conflicts and vulnerabilities to natural
disasters.

 Extreme poverty is three times higher in rural areas than in urban areas.

 2018 was the fourth warmest year on record. Levels of CO2 concentrations
continued to increase in 2018.

 Natural environment is deteriorating at an alarming rate.

 Sea levels are rising.

  Ocean acidification is accelerating. Ocean acidity is 26% higher than in pre-
industrial times.

 1 million plant and animal species are at risk of extinction.

 Land degradation continues unchecked.

11. Various methodologies have been evolved to monitor the progress of

SDGs.

1. Sustainable Development index 2019

o It is released by the Sustainable Development Solutions Network (SDSN).

o The SDI seeks to help countries identify gaps that must be closed in order to achieve
SDGs by 2030 and to identify priorities for early action.

o India ranked 115 out of 162 countries.

2. Global Sustainable Development Report (GSDR), 2019

o It is the first GSDR prepared by the United Nations. It is entitled “The Future is
Now: Science for Achieving Sustainable Development”.

o It evaluated progress on the 2030 Sustainable Development Agenda.

o The report finds that the current development model is not sustainable, and the
progress made is in danger of being reversed through worsening social
inequalities and potentially irreversible declines in the natural environment that
sustains us.
 o The amount of modern renewable energy in the total global energy supply has
increased by an average of approx. 5% annually over the past decade. Meanwhile,
since 2009 the price of renewable electricity (solar and wind) has dropped for five
years in a row.

12. What is Governance?

13. Governance

Governance is as old as the human civilization and was one of the main pillars that these
civilizations were built on. Governance is defined as “the process of decision-making and the
process by which decisions are being implemented”

The concept of governance can be mentioned as corporate governance, national governance,

international governance, and local governance. SD Goal no. 16 confirmed the importance of
the strong institutions that are the assurance of the real implementation of these goals on the
ground. This indicator confirmed the importance of fighting corruption and how this is the key
element of solid institutions that will support all the other goals to be accomplished. The
concept of governance and good governance have become increasingly employed and spread
utilized in the last two decades

In the 1992 report entitle titled Governance and Development (World Bank, 1992) governance
is termed by the World Bank as “the manner in which power is exercised in the management
of a country’s economic and social resources for development”.
governance as a “government's ability to make and enforce rules, and to deliver services,
regardless of whether that government is democratic or not”

Good governance was defined in the UNDP (1997) report as “the exercise of political,
economic and administrative authority in the management of a country’s affairs at all levels”.
The emphasis of good governance as a tool to achieve SD is clear within this allinclusive
definition of good governance. Good governance has 8 major characteristics.

These 8 attributes will be explained in detail:-

 Participation:

o People should be able to voice their own opinions through legitimate immediate
organizations or representatives.
o This includes men and women, vulnerable sections of society, backward
classes, minorities, etc.
o Participation also implies freedom of association and expression.

 Rule of law
o Legal framework should be enforced impartially, especially on human rights
laws.
o Without rule of law, politics will follow the principle of matsya nyaya ie law of
fish which means the strong will prevail over the weak.

 Consensus Oriented

o Consensus oriented decision-making ensures that even if everyone does not

achieve what they want to the fullest, a common minimum can be achieved by
everyone which will not be detrimental to anyone.
o It mediates differing interests to meet the broad consensus on the best interests
of a community.

 Equity and Inclusiveness:

o Good governance assures an equitable society.

o People should have opportunities to improve or maintain their well-being.
  Effectiveness and Efficiency:

o Processes and institutions should be able to produce results that meet the needs
of their community.
o Resources of the community should be used effectively for the maximum
output.

 Accountability:

o Good governance aims towards betterment of people, and this can not take place
without the government being accountable to the people.
o Governmental institutions, private sectors, and civil society organizations
should be held accountable to the public and institutional stakeholders.

 Transparency:

o Information should be accessible to the public and should be understandable

and monitored.
o It also means free media and access of information to them.

 Responsiveness:

o Institutions and processes should serve all stakeholders in a reasonable period

of time.

14. Initiatives for Good Governance in India

Right to Information

 As a party to the International Covenant on Civil and Political Rights (ICCPR), India
is under an international obligation to effectively guarantee citizens the Right to
Information as per Article 19 of the ICCPR.
  RTI Act, 2005 marks a significant shift in Indian democracy. It gives greater access of
the citizen to the information which in turn improves the responsiveness of the
government to community needs.
 The right to information, promotes openness, transparency and accountability in
administration by making the government more open to public scrutiny.

E-Governance

 The National e-Governance Plan envisions to make all government services accessible
to the common man in his locality, through common service delivery outlets and ensure
efficiency, transparency & reliability of such services at affordable costs.
 E-Governance effectively delivers better programming and services in the era of newly
emerging information and communication technologies (ICTs), which herald new
opportunities for rapid social and economic transformation worldwide.
 E-Governance has a direct impact on its citizens who derive benefits through direct
transactions with the services offered by the government.

o Programs launched under e-Governance: Pro-Active Governance and Timely

Implementation (PRAGATI), Digital India Program, MCA21 (to improve the
speed and certainty in the delivery of the services of Ministry of Company
Affairs), Passport Seva Kendra (PSK), online Income tax return, etc.
 Focus on 'Minimum Government, Maximum Governance’.

Legal Reforms

 The Central Government has scrapped nearly 1,500 obsolete rules and laws with an aim
to bring about transparency and improve efficiency.
 Reform criminal justice and procedural laws with focus on pre-institution mediation.

Ease of Doing Business

  Steps were taken by the government to improve business conditions including
legislation meant to improve the country’s business environment and policy ecosystems
(such as the Bankruptcy Code, the Goods and Services Tax or GST, and the anti-
money-laundering law).
 Government has launched the ‘Make in India’ initiative.

Decentralization

 Centralised Planning Commission was abolished, replacing it with the think tank called
the National Institution for Transforming India (NITI Aayog), which would usher in an
era of “cooperative federalism”.
 14th Finance Commission increased the tax devolution of the divisible pool to states
from 32% to 42% for years 2015 to 2020. It provides more freedom to states to initiate
schemes based on local factors.

Police Reforms

 Modernizing police forces and implementing the Model Police Act of 2015.
 Reform of the First Information Report (FIR) lodging mechanism, including
introducing filing e-FIRs for minor offences.
 Launch a common nation-wide emergency number to attend to emergency security
needs of citizens.

Aspirational Districts Programme

 The Aspirational Districts Programme (ADP) was launched in January 2018 to

transform the lives of people in the under-developed areas of the county in a time bound
manner.
 Anchored in NITI Aayog, the programme is aimed at transforming 115 most backward
districts with focused interventions in the field of health and nutrition, education,
agriculture and water management, financial inclusion and skill development.
Good Governance Index

 The Good Governance Index was launched on the occasion of Good Governance Day
on 25 December 2019.
 The Good Governance Index is a uniform tool across States to assess the Status of
Governance and impact of various interventions taken up by the State Government and
Union Territories.
 The objectives of Good Governance Index are to provide quantifiable data to compare
the state of governance in all states and Union Territories, enable states and Union
Territories to formulate and implement suitable strategies for improving governance
and shift to result oriented approaches and administration.

15. Challenges to Good Governance

Criminalization of Politics

 According to the Association of Democratic Reforms, 43% of Members of Parliaments

of Lok Sabha 2019 are facing criminal charges. It is a 26% increase as compared to
2014.
 The criminalisation of the political process and the unholy nexus between politicians,
civil servants, and business houses are having a baneful influence on public policy
formulation and governance.
 The political class as such is losing respect. Therefore, it is necessary to amend Section
8 of the Representation of the People’s Act 1951 to disqualify a person against whom
the criminal charges that relate to grave and heinous offenses and corruption are
pending.

Corruption

 Corruption is a major obstacle in improving the quality of governance. While human

greed is obviously a driver of corruption, it is the structural incentives and poor
 enforcement system to punish the corrupt that have contributed to the rising curve of
graft in India.
 According to the Corruption Perception Index - 2019 (released by Transparency
International, India's ranking has slipped from 78 to 80.

Gender Disparity

 According to Swami Vivekananda, “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 on
only one wing”.
 One way to assess the state of the nation is to study the status of its women. As women
comprise almost 50% of the population it is unfair that they are not adequately
represented in government institutions and other allied sectors.
 Therefore, in order to ensure good governance, it is essential to ensure the
empowerment of women.

Growing incidence of violence

 Resorting to illegal force is considered to be a law and order problem. But when one
looks at it from the point of view of the principles of Good Governance, it becomes
clear that peace and order is the first step to development.

Delay in Justice

 A citizen has the right to avail timely justice, but there are several factors, because of
that a common man doesn't get timely justice.

Centralisation of Administrative System

  Governments at lower levels can only function efficiently if they are empowered to do
so. This is particularly relevant for the Panchayati Raj Institutions (PRIs), which
currently suffer from inadequate devolution of funds as well as functionaries to carry
out the functions constitutionally assigned to them.

Marginalization of Socially and Economically Backward People

 The socially and economically backward sections of the society have always been
marginalised in the process of development. Although there are constitutional
provisions for their upliftment but in practice, they are lagging behind in so many areas
like education, economic well-being etc.

16. Good Governance and SDGs

The objective of Good Governance in Sustainable Development (GGSD) Program is to

assist societies to develop on effective government within a democratic system, and to
implement sustainable development principles through global partnership.

Objectives:

To enhance local implementation actions of the Rio Resolutions and Agenda 21 for real
progress towards sustainable development
To assist societies to develop an effective government within a democratic system and to
implement sustainable development principles through global partnerships by way of:

1. Empowering the public to enable them to effectively participate in decision making for
public interest and to undertake local initiative’s;

2. Developing and strengthening good governance at the local level;

3. Developing the capacity of public and the government at the local level to cooperate in
increasing welfare of the people.

17. Good Governance and Ending Poverty

Ending poverty is considered the main goal from the SDGs. Most of the others goals depend
on the elimination of poverty like zero hunger, good health and wellbeing, clean water and
sanitation, and decent work and economic growth. Ending poverty and insuring the economic
growth will provide decent jobs to people. The dilemma is how to build the strong institutions
that will manage the limited resources and use it to fulfill the needs of the society members.
The importance of good governance to promote welfare for the society when the resources are
too scarce to meet the minimum expectations of the people

Recently a broad consensus is emerging that a set of clear policies and strong institutions is
essential and inevitable to the development process. To reach the optimum and effective
development, which is sustainable development, most of the governments and institutions
developed good governance practices to be embedded into their daily operations. The concept
of good governance covers three of the four dimensions of sustainable development. The
economic dimension emphasizes the capabilities and the effectiveness of the governments to
manage the limited resources to fulfill their minimum expectations. This requires transparency
and accountability for managing natural resources and protecting the environment within the
private and public-sector activities. The social dimension ensures the inclusion of all the groups
within society to act and work without discrimination and promote tolerance towards society.
The political dimension denotes the lawfulness of the government and the accountability of the
political elements of government and respect for the human rights and the rule of law

18. Zero Hunger

The goal no. 2 Zero hunger, the hunger is related to the economic growth and the availability
of resources and the way of managing these resources. The accountability as a main principle
of good governance assures that the government is obligated to present to the people the
justifications of all the decisions that they undertake if these decisions are connected to their
interests. This accountability will assure the fair distribution of the natural resources and will
reduce the corruption.

19. Conclusion

The effective functioning of governance is the prime concern of every citizen of the country.
The citizens are ready to pay the price for good services offered by the state, but what is
required is a transparent, accountable and intelligible governance system absolutely free from
bias and prejudices. There is a need to reformulate our national strategy to accord primacy to
the Gandhian principle of ‘Antyodaya” to restore good governance in the country. The
government should continue to work on the ideals of Sabka Saath, Sabka Vikas and Sabka
Vishwas which will lead to inclusive and sustainable development. This is all was possible
only beacause of a good governance structure. India in its INDC has committed primarily to
reduce emission intensity of its GDP by 33-35% by 2030 from 2005 levels; achieve about 40%
cumulative electric power installed capacity from non-fossil fuel based energy resources
(mainly renewable like wind and solar power) by 2030; and to create an additional carbon sink
of 2.5 to 3 billion tonnes of CO2 equivalent through additional forest and tree cover by 2030.