CORPORATE GOOD GOVERNANCE AND WHISTLEBLOWING IN INDIA : A CRITICAL ANALYSIS

CORPORATE GOOD GOVERNANCE AND WHISTLEBLOWING IN INDIA : A CRITICAL ANALYSIS

Dr Sonia Aneja

Assistant Professor Department of Law University of Jammu

CORPORATE GOOD GOVERNANCE AND WHISTLEBLOWING IN INDIA: A CRITICAL ANALYSIS

Best Citation – Dr Sonia Aneja, CORPORATE GOOD GOVERNANCE AND WHISTLEBLOWING IN INDIA: A CRITICAL ANALYSIS, 3 IJLR 39, 2022.

ABSTRACT

Since inception of human civilization the effort has been to establish a society which caters to the need of one and all. Thinker Hobbes, Locke and Rousseau had emphasized on social contract theory. Rousseau specifically talks about general will theory in which each individual gives up his own will to see that one person or a group looks after the welfare of the entire society, thus the responsibility may be entrusted to chosen few but they have a moral obligation to rule in the best interest of the people. Today the members of the comity of nations are founded on the principle of “welfare State’’ which allows full participation of their respective inhabitants, stri0ving to achieve the common good and in the process affording optimum opportunity and involvement for growth of the individual so as to subserve the societal interests. This has led to the evolution of “Good Governance”, as opposed to mere governance, as an umbrella concept encompassing within it a system of governance that is able to unequivocally discover the basic values of the society where standards concern economic, political and socio-cultural issues including those involving human rights, and follows the same through an accountable and upright administration. But with the emergence of welfare state there is a phenomenal growth in the powers and functions of the state too. When the powers and functions of the state so increases, there arises a danger of abuse of power or excessive use of power by those who act on behalf of the state. We cannot deny adequate powers necessary for competent discharge of its functions to the state. At the same time, it is necessary to provide checks upon the exercise of such power. Power must be exercised strictly within limits drawn by the law.

Lord Acton’s saying that, “Power corrupts and absolute power corrupts absolutely” holds true in the current Indian milieu as corruption has become an inevitable and unavoidable part of our daily life .We have learnt to accept corruption everywhere and in everyone; among our political class, in our bureaucracy, among members of the Judiciary, in educational and medical institutions, and even among our so-called ‘god-men’. We have accustomed ourselves to tolerating corruption everywhere.

The researcher firmly believes that in the world accountability and transparency in public institutions are highly required. Only accountable and transparent institutions can end endemic corruption and promote human rights by making the public functionaries accountable to the common people.

Keywords: whistleblower, corruption ,good governance, law

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