Jurisprudence of Law and Governance: A Reference of Nepal

Abstract

Good governance, transparency and fair procurement are the basic features of effective governance system. The word “governance” came from the Latin word ‘Gubernare’, and Greek word ‘Kubernaein’, which means to steer. In fact, it is the operation of various organ of the state effectively and efficiently. It also refers to corporate governance system. Governance is the structures and processes that are designed to ensure organizational goals effectively and efficiently. There various types of governance i.e. public governance vs. private governance, global governance vs. local governance, good governance vs. bad governance, central governance vs. state governance vs. local governance, Plato’s Governance (Aristocratic governance, timocractic governance, plutocratic governance, democratic governance and despot governance), Aristotle’s Governance (aristocratic governance, monarchial governance, polity governance, oligarchy governance, tyranny governance and democratic governance), democratic republic governance vs. People’s Republic governance, centralized governance vs. decentralized governance, participatory governance vs. non participatory governance, and devolved governance vs. federal governance etc. All the jurisprudence from Plato to Postmodern movement focuses on good governance. However, the issues of good governance have been changing over the period of time. As transparency is also the basic part of good government system, it is associated with right to information. In fact, transparency, legitimate procurement, rule of law, separation of power; corruption free society, predictability, and natural justice etc are the basic indicators of good governance system. Government procurement should be free and fair. Impartiality and fair dealing in procurement is also highly expected. Government procurement is made through direct procurement, sealed quotation and tender whereas selling of public goods is made through public auction systems, which are accepted for transparency and good governance. Government has extractive capabilities, regulative capabilities, distributive capabilities, corrective capabilities, special protection capabilities, international capabilities which needs good governance. These capabilities of government shouldn’t be misused. Jurisprudence never thinks that there can be corruption. However, it is the common but prohibited phenomena across the globe. If there are high levels of discretionary power to authority, there can be the chances of higher degree of corruption. So, the discretion to authority is necessary to reduce. For Transparency International, corruption is the abuse of entrusted power for private gain. There are different types of corruption i.e. grand corruption, political corruption, corporate corruption, administrative corruption, petty corruption, and systemic corruption etc. Constitution of Nepal, 2072 BS (2015 AD), Good Governance Act, 2064 BS (2008 AD), Local Government Operation Act, 2074 BS (2017) etc. are applicable laws for good governance in Nepal. Article 27 of the Constitution of Nepal, 2072 BS (2015 AD), Right to Information Act, 2064 BS (2007 AD), and Right to Information Rules, 2065 BS (2009 AD) are statutory measures of Nepal for transparency and right to information. Public Procurement Act, 2063 BS (2007 AD) and Public Procurement Rules, 2064 (2008 AD) are the legal measures to regulate and control government procurement process in Nepal. Public Procurement Monitoring Office prepares the standard of procurement and looks at the process of procurement of other public agencies. Nepal Restructuring Authority is working in crucial construction of Nepal which follows procurement law of Nepal. The Prevention of Corruption Act, 2059 (2002 A.D) and Commission for the Investigation of Abuse of Authority Act, 2048 (1991) are the principal legislation in Nepal to curb corruption. Nepal is also the members of UN Convention against Corruption, 2003. Corruptions of public officials are investigated by the Commission for the Investigation of Abuse of Authority (CIAA). There is also the National Vigilance Center to look after the incidence of corruption by public authority, which is under Office of the Prime Minister of Nepal. In fact all the legislation and delegated legislation are issued for the purpose of good governance. Specialization in knowledge of human resource is made for good governance. Bad governance and misuse of power are the greatest sins, which are the crimes against general people.