scholarly journals CONCEPT OF CHECK AND BALANCE IN INDIAN CONSTITUTION MISUSE OF PIL

2017 ◽  
Vol 5 (3) ◽  
pp. 315-319
Author(s):  
Malvika Pandey ◽  
Anjali Pandey
Keyword(s):  
Public Interest ◽  
Good Governance ◽  
Vital Role ◽  
Public Interest Litigation ◽  
The Public ◽  
Political Interests ◽  
The Common ◽  
The Government ◽  
Civil Justice System ◽  
Private Litigation

Public Interest Litigation is the highly effective weapon in the armory of law for reaching social justice to the common man. It plays a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional private litigation. It was designed to serve the purpose of protecting rights of the public at large through vigilant action by public spirited persons and swift justice. PIL could also contribute to good governance by keeping the government accountable. But the profound need of this tool has been plagued with misuses by persons who have been filing PILs just for the publicity and those with vested political interests. It is an undemocratic, unrealistic and dangerous tendency which is to be impeded by our judicial attitude. Steps and reasonable care should be taken to make sure that PIL essentially remains public interest litigation and should not be empowered to get corrupted into becoming a political interest litigation or publicity interest litigation. The misuse of PIL will stop when the courts are vigilant and the challenge is for the state to prolong a balance in allowing legitimate PIL cases and discouraging waggish ones.

scholarly journals Model Akuntabilitas Birokrasi di Era Otonomi Khusus Aceh (Tinjauan Terhadap Tes Shalat dan Baca Al-Qur'an di Kabupaten Aceh Barat Daya)

2019 ◽  
Vol 17 (1) ◽  
pp. 18
Author(s):  
Ferizaldi '
Keyword(s):  
Local Government ◽  
Public Interest ◽  
Good Governance ◽  
Regional Government ◽  
The Public ◽  
Aceh Province ◽  
Government Bureaucracy ◽  
Comprehensive Manner ◽  
Low Performance ◽  
The Government

The implementation of local government in the context of the Special Autonomy of Aceh has the freedom of the regional government to administer government in accordance with the principles of good governance. In Indonesia it is regulated by Law No. 28 of 1999 concerning the Organization of a clean and free country of corruption and nepotism, through various innovations and creativity to create good governance based on the public interest. This is to answer various problems surrounding the low performance of the bureaucracy because many are entangled in various corruption cases. One attempt to change the government bureaucracy is good, then introduced a new model through local wisdom in the Southwest Aceh District of Aceh Province, by carrying out the Prayer Test and Reading the Qur’an to prospective structural officials, as an effort to reform bureaucracy to create bureaucratic accountability, which It is expected that these activities will produce bureaucrats who are religiously accountable and customer oriented. However, this program must be carried out in a sustainable and comprehensive manner through complementary programs that support the program and do not underestimate the supervision efforts which as a classic action create a healthy bureaucracy.

scholarly journals Public Interest Litigation: A Conceptual Framework

2010 ◽  
pp. 85-89
Author(s):  
Manas Ranjan Samantaray ◽  
Mritunjay Sharma
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Good Governance ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Special Role ◽  
Public Interest Litigation ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The Government

Public interest litigation (PIL) has a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional private litigation.PIL, for instance, offers a ladder to justice to disadvantaged sections of society, provides an avenue to enforce diffused or collective rights, and enables civil society to not only spread awareness about human rights but also allows them to participate in government decision making. PIL could also contribute to good governance by keeping the government accountable. This article will show, with reference to the Indian experience, that PIL could achieve these important objectives. However, the Indian PIL experience also shows us that it is critical to ensure that PIL does not become a facade to fulfil private interests, settle political scores or gain easy publicity. Judiciary in a democracy should also not use PIL as a device to run the country on a day-today basis or enter the legitimate domain of the executive and legislature. The challenge for states, therefore, is to strike a balance in allowing legitimate PIL cases and discouraging frivolous ones. One way to achieve this balance could be to build in economic (dis)incentives in PIL and also confine it primarily to those cases where access to justice is undermined by some kind of disability. Judiciary, being the sentinel of constitutional statutory rights of citizens has a special role to play in the constitutional scheme. It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Court’s directly by invoking Writ Jurisdiction of these courts. But the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests. Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems. Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. However, these entire scenario changed during Eighties with the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.

scholarly journals The Principles of Good Government in Suppressing Corruption

2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Binov Handitya
Keyword(s):  
Public Interest ◽  
Good Governance ◽  
Government Policies ◽  
Legal Certainty ◽  
Public Officials ◽  
Good Service ◽  
The Public ◽  
Government Administration ◽  
Good Government ◽  
The Government

This paper discusses the application of The Principles Of Good Government, or what we often know with the General Principles of Good Governance (AUPB) in the implementation of government policies, needs to be improved. As a form of filter that is able to filter out any government administration so that it can be free from the snare of corruption. Public officials or implementers must be emphasized in understanding in depth the principles contained in the AUPB to be applied in providing services to the public / community. There are at least 8 (eight) principles attached to the AUPB based on the Government Administration Law, among others: the principle of legal certainty, the principle of expediency, the principle of impartiality, the principle of accuracy, the principle of not abusing authority, the principle of openness, the principle of public interest and the principle of good service.

“DEMONETIZATION” ROLL OUT FOR ECONOMIC DEVELOPMENT IN INDIA: A REVIEW

2017 ◽  
Vol 5 (25) ◽  
Author(s):  
K. Sindhura
Keyword(s):  
Economic Development ◽  
Prime Minister ◽  
Vital Role ◽  
Negative Consequences ◽  
The Public ◽  
Mixed Feeling ◽  
The Common ◽  
Common Man ◽  
The Government ◽  
Roll Out

Demonetization was rolled out in India to bring change in the national currency. The author has reviewed various articles to capture the experience of the roll out. Prime Minister of India Mr. Narendra Modi stated that it was done for economic development of India. On 8th November 2016, the government announced the demonetization of Rs 500 and Rs 1000 bank notes. The execution and experience of common man had mixed feeling about the announcement. Various authors’ views are reviewed and summarized in this paper. Common man faced both positive and negative consequences. It is a reform for addressing corruption and various sectors faced challenges. Real estate, Hawala transactions, Black money, Terror Financing, Counterfeit currency, Non-East insurgency, Kashmir unrest, Terror financing, Maoism etc. were challenged by the reform. Banks played vital role in execution and had to face pressure from the public. It affected the common man with its sudden implementation, scarcity of lower denomination notes to replace the old notes, restriction on amount of withdrawal, prolonged shortage of smaller denomination etc.

scholarly journals Information and Communication Technology as a Potential Tool for the Implementation of Electronic Government

2020 ◽  
Vol 9 (3) ◽  
pp. 1446-1448
Keyword(s):  
Information And Communication Technology ◽  
Communication Technology ◽  
Good Governance ◽  
Vital Role ◽  
Electronic Government ◽  
The Public ◽  
Information And Communication ◽  
Basic Purpose ◽  
The Government ◽  
Smart Governance

E- Governance or Electronic Governance is playing a vital role in the 21st century. The application of Information and Communication Technology (ICT) is the essential part of egovernance for delivering governmental services, transaction of communication, exchange of information between the citizen to government and government to business hubs etc. This study will focus on the effects and implementation of ICT in system of egovernance to bring a means of transparent, accountable, simple, responsive and moral governance. In other words the application of ICT is very important for the implementation of various governmental policies more effectively which will reduce the gap between the government and citizens. It is noteworthy that egovernance is an effective way to remove corruption and to make the public delivery system hassle-free which will establish a kind of “SMART” governance. The basic purpose of this paper is to focus on the role and importance of ICT in the system of electronic governance which will ensure the good governance.

scholarly journals A Rational Approach to Cabinet Immunity Under the Common Law

2017 ◽  
Author(s):  
Yan Campagnolo
Keyword(s):  
Public Interest ◽  
Cost Benefit Analysis ◽  
Common Law ◽  
Cost Benefit ◽  
Legal Rights ◽  
Rational Approach ◽  
The Public ◽  
Good Government ◽  
The Common ◽  
The Government

The public interest immunity (PII) doctrine empowers the government to suppress information, the disclosure of which would injure the community as a whole. However, when such information is relevant to the fair adjudication of legal rights, a tension arises between two competing aspects of the public interest: the interest of good government and the interest of justice. This tension raises questions of constitutional importance. Who should decide which aspect of the public interest must win? How should that decision be made? The aim of this article is to address these questions. In the first section, it is claimed that the courts, as opposed to the government, should have the final word on the validity of PII claims, as it would be contrary to the rule of law to prevent them from meaningfully reviewing the validity of PII claims and controlling the admissibility of evidence in legal proceedings. In addition, because of their greater independence and impartiality, judges are better placed than public officials to fairly adjudicate PII claims, especially when the government is a party to the proceedings. No classes of government secrets, not even Cabinet secrets, should be exempted from judicial review. While there is a consensus on these principles under the common law, the level of deference afforded to Cabinet immunity claims, and the way in which these claims are assessed, is not consistent in the Commonwealth. To fix this shortcoming, in the second section, it is argued that the courts should adopt a new rational approach consisting of four pillars: a narrow standard of discovery, an executive onus of justification, a cost-benefit analysis, and a judicial duty to minimize injury. The implementation of a rational approach would bolster predictability, certainty, and transparency in the judicial assessment of Cabinet immunity claims, and foster a better balance between the interests of good government and justice.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

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.

GOOD GOVERNANCE, AKUNTANSI PEMERINTAHAN DAN EKONOMI KERAKYATAN

2007 ◽  
Author(s):  
Yuskar Yuskar
Keyword(s):  
Private Sector ◽  
Social Welfare ◽  
Natural Resources ◽  
Good Governance ◽  
Financial Economic ◽  
Strong Impact ◽  
Governance Mechanism ◽  
Literature Study ◽  
The Public ◽  
The Government

Good governance is a ware to create an efficient, effective and accountable government by keeping a balanced interaction well between government, private sector and society role. The implementation of a good governance is aimed to recover the public trust for the government that has been lost for the last several years because of financial, economic and trust crisis further multidimensional crisis. The Misunderstanding concept and unconcerned manner of government in implementing a good governance lately have caused unstability, deviation and injustice for Indonesia society. This paper is a literature study explaining a concept, principles and characteristics of a good governance. Furthermore, it explains the definition, development and utility of an efficient, effective and accountable government in creating a good governance mechanism having a strong impact to the democratic economy and social welfare. It also analyzes the importance of government concern for improving democratic economy suitable with human and natural resources and the culture values of Indonesia.

Normative Juridical Review Comparison of Land Acquisition Regulations for Railway Infrastructure between Indonesia and Malaysia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo
Keyword(s):  
Public Interest ◽  
Influencing Factor ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
The Public ◽  
Indonesian Government ◽  
The People ◽  
Railway Infrastructure ◽  
The World ◽  
The Government

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries

scholarly journals Analisis Risiko Pengadaan Tanah Untuk Eksplorasi dan Eksploitasi Minyak dan Gas Bumi (Studi Kasus : PT.Pertamina EP- Paku Gajah Development Project)

2020 ◽  
Vol 1 (I) ◽  
pp. 93-126
Author(s):  
Presetyo Firgianto ◽  
Prof. Dr. S. Pantja Djati, M.Si., MA
Keyword(s):  
Public Interest ◽  
Oil And Gas ◽  
Development Project ◽  
Gas Production ◽  
Land Acquisition ◽  
Government Programs ◽  
Oil And Gas Production ◽  
The Public ◽  
The Government ◽  
Quantitative Descriptive

Upstream oil and gas activities both searching up to oil and gas production are government programs where activities are regulated in legislation. Before drilling, to obtain oil and gas reserves, the need for land for drilling activities is a step that must be passed. Since the upstream oil and gas activities are government programs, the government guarantees the availability of land for such activities that can be classified into the public interest and set forth in Law No. 2 of 2012 on Land Procurement for Development for the Public Interest.               The formulation of the problem in this research is : How the stages of activities Land acquisition for the public interest PT.Pertamina EP - Paku Gajah Development Project?, What are the opportunities and impacts at each stage of the activity ? Land acquisition for public interest PT.Pertamina EP - Paku Gajah Development Project ?, and How is the mitigation effect of each stage of Land Acquisition activities for This research uses semi-quantitative descriptive method. The data collection tool used is questionnaire with liekert scale (1-5). The results of this study indicate that the stages of land acquisition for the public interest consists of planning, preparation, implementation, and delivery of results.

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