Right to Service Acts in India— Fundamental Governance Reforms or an Exercise in Political Rhetoric?: A Case Study of Delhi Administration

2017 ◽  
Vol 63 (4) ◽  
pp. 537-556 ◽  
Author(s):  
Manish Garg

Right-based approach to governance became popular in India in the first decade of present century with the passage of legislations conferring Right to Information, Right to Work in rural areas, and Right to Primary Education upon its citizens. This article examines the next step in that direction—passage of Right to Service (RTS) Acts by a number of Indian States thereby providing its citizens the right to time-bound delivery of notified public services. These Acts not only empower citizens to make claims against the government if the rights are violated but also serve as a tool for the politicians and the senior bureaucrats to control lower bureaucracy. This article traces the genealogy of RTS Acts in Citizen’s Charter movement of the1990s in the UK and evaluates their progress and results with the help of various theories and concepts used for improving the public service delivery. How inept implementation has thwarted the promise of accountability inherent in these Acts will be seen in detail while piercing the veil of statistical data.

Author(s):  
_______ Naveen ◽  
_____ Priti

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.


2019 ◽  
Vol 37 (4) ◽  
pp. 288-310
Author(s):  
Natalie Sedacca

Domestic workers are mainly women, are disproportionately from ethnic minorities and/or international migrants, and are vulnerable to mistreatment, often receiving inadequate protection from labour legislation. This article addresses ways in which the conditions faced by migrant domestic workers can prevent their enjoyment of the right to private and family life. It argues that the focus on this right is illuminating as it allows for the incorporation of issues that are not usually within the remit of labour law into the discussion of working rights, such as access to family reunification, as well as providing for a different perspective on the question of limits on working time – a core labour right that is often denied to domestic workers. These issues are analysed by addressing a case study each from Latin America and Europe, namely Chile and the UK. The article considers impediments to realising the right to private and family life stemming both from the literal border – the operation of immigration controls and visa conditions – and from the figurative border which exists between domestic work and other types of work, reflected in the conflation of domestic workers with family members and stemming from the public/private sphere divide.


2020 ◽  
Vol 9 (1) ◽  
pp. 110-116

The right to information is a human right as derogable right. Fulfilment of the right to information often leads to information disputes with Information and Documentation Management Officer (IDMO) as administrative officials who are given the task of managing information and documentation. Information dispute resolution becomes important to be resolved immediately because it is related to fulfilling a sense of justice and fulfilling the right to information for the community. The Establishment of the Government Administration Act (GA Act) causes the dualism of information dispute resolution. Article 53 of the GA Act will be the basis for resolving information disputes in the administrative court domain, while the Public Information Officer/PIO Act is the basis for resolving information disputes within the Information Commission domain. This dualism needs to be resolved to ensure legal certainty for the government and society as Justicia Belen. The development of dispute resolution reconstruction of information is conducted by strengthening information dispute resolution in non-litigation. Ideal information dispute resolution should be resolved first through administrative remedies (objections and administrative appeals) and through the Information Commission. The court becomes the ultimum remedium in resolving a dispute. Therefore, strengthening the Information Commission in terms of development, finance and authority is one way to strengthen the resolution of information disputes outside the court.


Author(s):  
Nor Azam Abdul Razak ◽  
Roslan Abdul Hakim ◽  
Russayani Ismail

The objective of this paper is to examine whether the theory of the child quantity-quality (CQQ) trade-off developed by Becker and Lewis (1973) is borne out by the data from a developing country. In brief, the theory states that households behave differently with respect to their mixture of child quantity and child quality depending on their standards of living (i.e. low-income households tend to choose child quantity at the expense of child quality, and the converse is true for high-income households). If the government provides enough support for education, however, this trade-off might be undermined. Using a sample of 885 children from a survey of 2,500 households in rural areas in Terengganu in 2009, we conducted an empirical analysis on the relationship between child quantity and child quality. In the baseline estimation as well as in a series of robustness check, our key findings are that there is a positive yet insignificant impact of child quantity on child quality. Accordingly, we take these results as mild evidence against the CQQ trade-off which, in turn, can be attributed to the magnitude of the public provision of education in Malaysia.  


2013 ◽  
Vol 807-809 ◽  
pp. 826-829 ◽  
Author(s):  
Ming Qing You

After years of rapid economic development, environmental pollution has become a big concern to the general public in China. Numerous mass protests happened because of actual or perceived environmental pollution. This article makes a case study of three recent mass protests to find the features and deeper causes of mass protests for environmental issues. It concludes that, without sufficient information disclosure, the general public may still protest and the government may yeild, even if a project followed all governmental procedures and obtained all governmental approvals. This harms both the credibility of the government and the economy, and eventually the interests of the public. Chinese government has found the deeper causes and is working on the right direction.


2016 ◽  
Vol 16 (2) ◽  
pp. 231
Author(s):  
Eko Noer Kristiyanto

Since 2008, Indonesia has started a new momentum in the era of openness, related to the passing of Law No. 14 of 2008 on Public Information (KIP). Disclosure of public information is very important because people can control every step and measures taken by the government, especially the Public Agency. Operation of power in a democratic country should at all times be accountable back to the community. Accountability brings to the good governance that leads to the guarantee of human rights (HAM). Public disclosure is an important part of public service is also a right that is very important and strategic for citizens to get access to other rights, because of how it might be to get the rights and other services properly obtained information regarding such rights it is not obtained appropriately and correctly. The poor performance of public services for, among others, have not been implemented because of transparency and participation in public service delivery. This paper attempts to explain the correlation and importance of the right to information of the public service.Keywords: Public Service, Transparency, Participation, Accountabilitys ABSTRAKSejak Tahun 2008, Indonesia telah memulai sebuah momentum baru dalam era keterbukaan, terkait dengan disahkannya Undang-Undang Nomor 14 Tahun 2008 Tentang Keterbukaan Informasi Publik (KIP). Keterbukaan informasi publik sangat penting oleh karena masyarakat dapat mengontrol setiap langkah dan kebijakan yang diambil oleh Badan Publik terutama pemerintah. Penyelenggaraan kekuasaan dalam negara demokrasi harus setiap saat dapat dipertanggungjawabkan kembali kepada masyarakat. Akuntabilitas membawa ke tata pemerintahan yang baik yang bermuara pada jaminan hak asasi manusia (HAM). Keterbukaan informasi publik merupakan bagian penting dari penyelenggaraan pelayanan publik juga merupakan hak yang sangat penting dan strategis bagi warga negara untuk menuju akses terhadap hak-hak lainnya, karena bagaimana mungkin akan mendapatkan hak dan pelayanan lainnya dengan baik jika informasi yang diperoleh mengenai hak-hak tersebut tidaklah didapatkan secara tepat dan benar.Buruknya kinerja pelayanan publik selama ini antara lain dikarenakan belum dilaksanakannya transparansi dan partisipasi dalam penyelenggaraan pelayanan publik. Tulisan ini mencoba menjelaskan korelasi dan pentingnya hak atas informasi terhadap penyelenggaraan pelayanan publik.Kata Kunci: Pelayanan Publik, Transparansi, Partisipasi, Akuntabilitas


2021 ◽  
Vol 10 (1) ◽  
pp. 22-32
Author(s):  
Hasan Basri

This research focuses on the political communication strategy of the Golkar DPD in the 2019 Central Aceh legislative elections. A political communication strategy is very important for a political party that wants to attract sympathy to get people's approval. This study adopts a qualitative approach that describes and explains the political communication strategy of the Golkar legislative electoral council. Golkar as one of the parties involved in the competition and winning the 2019 Central Aceh Pilkada won four DPRK seats. The political communication strategy carried out by Golkar in winning the 2019 Election is for Golkar to listen to and convey the aspira-tions of the people. The political communication strategy implemented by the Golkar party in the legislative elections is structured communication from the central leader-ship to cadres in rural areas so that political messages can be conveyed equally, in the face of the 2019 legislative elections, Golkar provides information to people who have the right to vote, educate the public, accommodate the aspirations of the commu-nity, and socializing aimed at the government and other political institutions, the board of DPD Golkar to convey all forms of work programs to the public, as a means of party political communication such as providing information to the mass media. People who do not receive messages and do not want to communicate with Golkar party cadres because they are not interested in political activities, people who are more interested in political manipulation, and people who already have candidates from close relatives.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


Author(s):  
Olga Mykhailоvna Ivanitskaya

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.


2018 ◽  
Vol 16 (1) ◽  
pp. 93-102
Author(s):  
Muhammad Husnul Maab ◽  
Shadu S. Wijaya ◽  
Zaula Rizqi Atika ◽  
Denok Kurniasih

The emergence of rural community owned enterprises khown as BUMDes has been in line with evolution of public administration pradigm, from OPA to NPM who implemented in local government. Local potency development becomes a substantial aspect to improving local competitiveness. Hence, BUMDes formation is one of the models financial capacity to develop local potency in rural level. The aim is comparing traditional and public enterprise based management in local potency management. The results show that there is a fundamental difference in the management of local potency in rural level. Consequently, We argue that has been on the right track, the evolution of the government business model to the public enterprise for the management of local potency in rural level. Evolution of BUMDes is from a bureaucratic to the business sector model, but as a social business not profit maximizing businesses.


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