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Good Governance Is Not a New Concept : Justice Bn Srikrishna

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Good Governance Is Not a New Concept : Justice Bn Srikrishna Vol.21 No. 1. January - 2020 WISH YOU A VERY HAPPY AND PROSPEROUS - 2020 AND HAPPY MAKARA SANKRANTI GOOD GOVERNANCE IS NOT A NEW CONCEPT : JUSTICE B.N. SRIKRISHNA Lighting the lamp by Justice B.V. Nagarathna, Judge, Karnataka High Court on the occasion of Shri Nani A. Palkhivala Centenary Lecture. Others in the picture from left... Justice B.N. Srikrishna, former Judge, Supreme Court of India, Shri H.N. Suresh, Director, BVB, Shri K.G. Raghavan, Vice Chairman BVB, Shri Peeyush Jain, Hon. Treasurer, BVB. 1 bhavanblrhns50@gmail.com Justice Shri B.N. Srikrishna, Retired Judge, Supreme Court of India being honoured by Shri. Peeyush Jain, Hon.Treasurer, BVB. Nani A. Palkhivala was Vice President of Bharatiya a legend in the legal world in Vidya Bhavan Worldwide. India, and an intellectual giant. Shri.K.G. Raghavan, Celebrating his centenary year, Vice Chairman, Bharatiya Bharatia Vidya Bhavan, Vidya Bhavan, Bengaluru, Bengaluru Kendra, and Kulapati welcoming the gathering, said Dr. K.M. Munshi Institute of that there could be no better Good Governance, presented way of celebrating Palkhivala’s the Nani Palkhivala Centenary centenary. He said that Palkhivala lecture at Khincha Hall, on was a great lawyer, an eminent December 8. jurist, an insightful economist. The lecture focused Shri Raghavan added that befittingly on Good Governance Bharatiya Vidya Bhavan itself, and the Constitution. It was founded by an equally eminent delivered by Justice Shri. B. N. jurist and constitution maker, Srikrishna, Retired Judge, Dr. K.M.Munshi, was based Supreme Court of India. on the principles of dharma. Palkhivala was for a long time Justice Shrikrishna was the Vice President of Bharatiya Chief Justice of Kerala High Vidya Bhavan, and hence it was Court, and Judge of the Supreme apt for Bengaluru to have his first Court of India. He was also centenary lecture here. 2 Justice Srikrishna Governance is defined as began his lecture by saying, the manner in which power is “Good governance is not an exercised in the management imported concept. Somehow, of a country’s economic and an impression has been social resources for development. formed that good governance It is the “the process of decision- is a concept that came from making and the process by the World Bank. which decisions are implemented.” When the World Bank Elaborating further, Justice Srikrishna spoke went about propagating the of the characteristics of good concept of good governance.” governance, namely that it is But that is not so: the transparent, responsive, Ramayana and Mahabharata consensus oriented, equitable contain a number of examples and inclusive, effective efficient, of good governance, he said, accountable, participatory and quoting examples to follows the rule of law. substantiate his point. There is an inexorable Likewise, Kalidasa the poet, connection between good spoke on the duty of kings in governance and the Constitution Raghuvamsha, and how they of a country, he added. Further, took care of the welfare of the he remarked, “I would like the subjects. constitution to a well-tuned Coming back to the current musical instrument and good times, Justice Srikrishna threw governance as the ability to perform well on the instrument.” light on the concept of good governance with reference to To illustrate the link the World Bank, saying the term between the Constitution and good governance gained good governance, he highlighted prominence because of its usage the importance of the preamble. by the World Bank while Further, he spoke about the financing developing countries in fundamental rights in Part III of international development the constitution, and the Directive projects. principles in Part IV, which are linked to good governance. 3 Coming to Palkhivala, Law. For, his incisive legal Justice Srikrishna remembered arguments impelled the how Palkhivala had congratulated formulation of the “doctrine of him after he had completed the basic structure” in the famous Srikrishna Commission looking Kesavananda Bharati case. into the Mumbai riots of 1992- The Hon’ble Supreme 93, hugged him, cried, and said, Court elevated Constitutional “You have done a monumental jurisprudence to a new height task.” He also remembered that by propounding the Basic Palkhivala was such a genius Structure Doctrine, and at that he was awarded for his once, giving a framework exposition of the Advaitha within which the Parliament doctrine. amends the Constitution On this occasion Justice and not deviate from the B. V. Nagarathna then delivered basic structure under the her Presidential address. Constitution. When the then Highlights of her speech Government attempted to are as under: seek a review of the judgment, Lauding Justice Shri. Palkhivala wrote to the Srikrishna’s erudition, Justice Prime Minister Mrs. Indira Nagarathna remarked that Gandhi on 09.11.1975 he was always approached beseeching her to consider the for solving knotty problems, consequence of having the whether relating to the judgment over-ruled. Mumbai riots of 1992, Sri. Palkhivala had been or chairing the committee the Vice President of Bharatiya constituted for establishment Vidya Bhavan; and she had had of a separate Telangana State. the good fortune of interacting Calling Shri. Nani with him in the late 1990’s when A. Palkhivala a doyen of the he had visited Bengaluru Kendra. Indian Bar and in many ways About “good governance,” the savior of our Constitution, she firmly believed that the she said the legal fraternity must Constitution was the fountain remember him for his unique head of good governance. contribution to Constitutional First, the Preamble; Second, 4 Constitutional morality and courts with their grievance are Constitutionalism; Third, addressed or extended all legal fundamental rights; Fourth, assistance to secure justice. Indian Judiciary were its For a citizen, the three most beacons. important were Democracy, Thus, good governance Liberty and Rule of Law. should be aimed at achieving justice: social, economic and The Judiciary, led by political; liberty: of thought, the Supreme Court played a expression, belief, faith and significant role in ensuring worship; equality: of status good governance through public and opportunity; and to interest litigation which touched promote among them all, upon human rights, environment, fraternity: assuring the dignity gender justice, education, rights of the individual and the unity of minorities, police reforms, and integrity of the nation. electoral reforms and such other The World Bank’s special areas including social interpretation of good security and upholding the rights governance evolved over time and dignity of individual. into four key components of According to Justice good governance, namely B.V. Nagarathna, one of the accountability, transparency, most significant aspects of predictability and participation. good governance is ensuring Thus, the thread which that the ordinary citizen is not connects these is rule of law, frustrated following non- a legal frame-work. redressal of his grievances. For the legal fraternity, Further, she touched upon good governance spells three the safety of women saying nearly things: securing justice by half of the Indian population were empowering the weaker sections women. If they were not safe through affirmative action; by setting right faulty administrative and secure, then, there was no decisions and ensuring that real governance under the citizens who approach the law Constitution. 5 TRIBUTES TO DR. MATHOOR KRISHNAMURTI Lighting the lamp by Veda Brahma Sbri. Ashwattha Narayana Avadhani on the occasion of unveiling the bronze bust of Dr. Mathoor Krishnamurti . From left Shri. H.N. Suresh, Director, BVB, M.P. Bhanuprakash, former MLC, Shri. Pathi Sridhara, founder of Pathi Sridhara Shantha Charitable trust and Smt Shantha Sridhara joins. The bronze bust of overcame obstacles through Dr. Mathoor Krishnamurti, school and later, due to his who established Bharatiya poverty, to become a Vedic Vidya Bhavan at London and and Sanskrit scholar. After was its Director, was unveiled serving the London Kendra at Bharatiya Vidya Bhavan, of Bharatiya Vidya Bhavan, Bengaluru Kendra, on he returned to Bengaluru and December 6, 2019. was involved in the activities of the Bengaluru Kendra. The event was a tribute to the indefatigable spirit of Shri H.N. Suresh welcomed Dr. Mathoor, who worked Pathi Sridhar, Founder of the tirelessly for the cause of Indian Shantha Sridhar Charitable culture and spirituality. Trust, saying“Pathi Sridhar was instrumental in holding this event. Born in Mathoor, Having the bronze bust is his Shivamogga, Dr. Mathoor endeavour.” 6 He also welcomed Rajya award, Fellow of the Dr. M.N. Nandakumar, the Royal Asiatic Society, and the current Director of the London Padmashri. Till the end, he Kendra on this occasion. dedicated his life to India’s culture. Though he is no more, Pathi Sridhar went back he is still guiding us. It is my in time saying he had known good fortune to have had the Mathoor for 20 years. Mathoor bust made.” struggled during his days as a student. He was influenced by A CD on Veda mantras Gandhiji, and became the created with the monetary Director of the London Kendra support from Shantha Sridhar in 1975. He translated many Charitable Trust was released Tamil books into Kannada. by Shri. M.B. Bhanuprakash, Mathoor himself has written former MLC on this occasion. many books in English and Shri. Bhanuprakash, Kannada. Some of them are Mathoor’s close friend, had Gandhi Upanishad, Veer come from Shivamogga for the Savarkar, Sandhya Upasane, etc. event. “Mathoor Krishnamurthy He won many awards: India’s is no more, but he continues to Seva Rathna award, Karnataka exist in our minds, emotions and Shri. Pathi Sridhara, and Smt Shantha Sridhara being honoured by dignitaris on the dais 7 Vidwan Hosahalli Keshavamurthy being honoured by the dignitaries on the dais breath, I believe,” he said, It was truly befitting that adding, “Mathoor had no the programme concluded with godfather, yet he rose from Gamaka Vachana by Gamaka the dust to become who he was.
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