3 Sections 12lectures in total

section6 Classes
Material Classmates
section't
I Ypeaguynthaterial
Ex I Farmer'ssuicidein
Us Ramleeler Maidan
Journalistcouldhavestopped
Professionalism Life
Irreversible Is it ethical

Benchmark
citizens Admire
colleagues1Respect

family Proud
EthicalGovernance
Probity in Gov
n

Authority can take decision

Power Capac to influence bets of other
Drugs

Awry Power
NihatKohli
0 Ultimateobjective

Manner

Governance Governance is defined as the manner in which

in the management of countries social
power is exercised it
and economic resource for development Traditionally
was equated with
only the role of state However It
is now understood more comprehensively as the network

of relationships b w state and other participant the

focusof governance is to develop and improve the processes
 that help in achieving the objective of development
the use of the word power emphasises that the responsibility
participating in governance is not
restricted to
of onlythose
who occupy a formal positionof authority Eachand every
individual depending upontheir position9 capabilities
can 8 must contribute to better governance
I Authority can be understood as the rightto giveorders
take decisions and enforce compliance A is a logical
corollary of the duties assigned to an individual in
a formal structure
2 Power can be understood as the capacity to influence the
behaviour the
others or even courseofevents Authority
of
conveys a sense of legitimacy while power can also
comefrompersuasion or coercion
CpGRAMS
Anycomplaint
Qegistration
Ballsier Seechewal I 60km Beas Riverfleanedup
peeistine
111 tree plantation
Peitslantrie birthof a
girl
1982 lol w to build the Road
Road in Manipur
ArmstrongPanne the people's

Attributes Governancei
ofinvolves 3 the state the market the
1 Governance participants
the predominant roleis assigned to thestate of
society to
other participant is unable or Unwilling
if either of the lie with the
provide a service theresponsibility for it shall
meram
state thefocus of the state shouldbe to promote
governance with min govt this means that the dependence
institutions stateshouldbe minimised
the
of people on theformal of
 while the opportunities
fordevelopment are maximised
Governance is a never ending of continuous process its
needsof
objectives are determined in accordance with
the people As society evolves and these needs change
the mechanisms governance mustcontinuouslyimprove
of
to appropriately identify 9 address these changing needs

3 Governance is demand driven in character

TigerMenon
Learning Outcomes Buehanthani
Governance does not mean only
Govt Everyone
1 Reading
has a crucial note to play w
2Administrative
Ethical Reforms
2J Good governance requires regulation Commission

gorreenances requires selfregulation act

report4
3 in increases when we Ethicsin Governance
Probity governance
with a sense of responsibility not merely beg we

are answerable
 2 Sep 2019
2012 Ireland casestudy ofAbortion vslife

valuesystem
Sense ofResponsibility is reflectionof
1 i parenting
ti Educh
experience
µ social
1
Answerability vs Responsibility

Publicservice
Concept of
4 5points
teenage boy college girl
Answershouldbe
NGO easyto implement
Extra
SocialMedia
Weight SIM
Donation
Govt

Administration is a groupeffort

makes admin Public

what
Resources belong to public
the public NBA hov
objectives needsof 2014
Legitimacy mandatboftheput secy
30days
LsoureedIntention
Public Service
or
Public service can be understood as any action
that is taken with the intention of promoting
decision
Such an action does not
the welfare of public
benefit in return
necessarily expect any personal
not to those in a position of
and is restricted only
authority It can be undertaken by any public
or institution in the formof
spirited individual
constructive suggestions etc
volunteers donations
intentioned such actions may be
Although well This
in nature or limited in scope
occasional
institutions that
creates the need to create a set of
consistent
can provide such services on a permanent 4
the
basis therefore this responsibility is assigned to
administrative Mechanism

Public Administration
to serve However such
byitself
Administration means

an understanding is limited since it focuses largely

on Therefore administration can be
only providing
co ordination
better understood as the direction
an objective As
controlof many person to achieve
such it involves
I groupeffort
2J a common poredetermined objective
pre defined set of relationships
3 a
 In this manner administration be provided by
can
institutions In both cases
public as well as private
it is governed by some common principles such as
planning budgeting hierarchy etc Public admin
also is a co operative group effort but in a public
the word 3 critical dimensions
setting public signifies
e theresources human natural offinancial belong to
the
public
2J the objectives are determined in accordance
with
available
the needs of the public rather than the
Getorreces alone the motive here is
servicerather

than profit
Thelegitimacy to administer is based upon the
mandateof the public expressed through their political
representatives

Rersonal values
ValueNeutral PoliticalExecutive values

UPA NDA
Ex GwatchBharatAbhiyan
NREUA
4opflores 32kcrones

labouf Irruption I
switch toBBA
cutfunds
employment
syrsX

expertise booth
merge
converge Integration
 Ourmission don't do what is right
Commission do what is wrong

ban on beef
DPSP Art up protectcattle
preventslaughterof tgoaatf.ie

Whois responsible

National Chhlalter
LMahabharat
Mahanohan Singh didnothing goodsourceof
example
Ek i
can do at a time of crisis is do
www.tyfihingng
you

Owner driver Resign

Features Pulo Adi
of
D A is subordinate to political executive
1 to faithfully promotepublic welfare administration
must be responsive to the existing public aspirations
reflectedby the ruling political class therefore
it is the duty of civil servants to use their expertise
to aid and advice the political leadership thus maintaining
continuity and efficiency in the working ofthe govt
As Paul Appleby estates all gate organizations
are notonly administrative entities but are also
 political organisms Heeg political hefees to
a citizen contaic and participatory orientation It does
not mean that administration should become politicize
as this would destroy its neutrality

2 Administration is value neutral

since the ex represents existing public needs
political
administration is expected to remain valueneutral This
meansthat administrationshall faithfully serve the
and notshow hesitance towards
politicalpasty in power any
the
its directives However thefundamental objectives of
and administration must remain aligned with
polity
constitutional valuesand public welfare

3 the principleof beaulacratic anonymity

since the beaureaucrat is bound to obey the
duty
political leadership thefunctions anonymously this
means that a beansaerat shall receive neitherpraise
nor criticismforany action taken by the goat He
can be held accountablefor an actof commission or
commission but not responsible the responsibility
administrative actions shall lie with the elected
for
minister as instance in the principle of collective
for const
ministerial responsibility under Article 7513 of
ta GmmeetRamRahim
2Rape 1 Murder
Panchkula
violence
People gathering violence
concernofmass
delay thejudgement if
Accountable SP D C
NorthernCommand they were
Responsibility Judge Igoe of
their responsibility
responsible but didn't fulfill It comes from within
Responsibility can't beenforced
choices in case ofconflict
put duty beforepersonal
Consolidatedfundof India
hidia's money in
haecasment
4 DC vs SDM sexual
in sequential Manner Muir Dement
White answer

D InformalEinquiry speakwith bothofthem

2 Personalhelphesenth
3 formal Enquiry
4J Transfer less subordinate
who is
transferthe beeson both
of gender Bras then transfer Justice
1qqz goSen
3 24transfers Not 2
fin fraud
what should do do Loog Pissemoral
2011 loksabha
then admit to preserve
if guilty
administration
Mist in pwc LS removal

if no woman is lying
Seekjustice
11
September
Pratibhapatilaccepted
theresignation Sheshould
 2005 90 are fraud1malicious
Domestic violence Act

uphold publictstest

In India we have very strong nexus

lec 3 30Sefo 2019

DIS Religion Pmp Yes

Dead
d town
busy 3
Assassinated
2J 1940 Gandhi
Patel Religion must be
disclosed
partition 1 butchering Irreligion

3 1904 Indira Gandhi disclosed Cathy

Assassination Sikh Ineligions

OPENNESS Subjectto interpretation

discloseinfo basis public Welfare

Physical courage
Courage
moral courage Right1wrong
still do wrong lackscourage

UJ SDM demolished wall religious structure

35yrs
suspended by Csecy
to withstandpovpressure
difficult
c'Seery GOI Geo
1 Lacked moral courage
 EC's
eyes falut not politician
Politicalpatronage
benefits afterretirement 1

5 CTI Governor state

of
paecedent
wrong
will increase political interference
b Chief of Defense staff
ADedication to Public service
commitment Answerability

Dedication Responsibility

Ethics I'Interview

non partisanship
Impartiality and

polo EX
People Admin Neutrality
as abeaut
don'tdiscriminate
Neutrality
f
Problems

DC 2500 enrolment low attendance 15kmaway

Case students
minister 50 Lacs bicycles for Oschool

Problems Dist 30Kms

snowffeemanureomI
I
to
money belongs people
HuntUnfairly discriminate
needed C it will be politicized otherwise
why
neutrality spoiled system
connections
office of Governor appointed basis political
Common peoplesuffer
more confidence
with people public confidence
Neutrality
promotes high
morale
entiresystembenefits
Absolute moralcorruption
neutrality
Impartiality Non partisanship in two separate but
can be understood
Impartiality with
with to the public
related contexts regard
regardto the political executive
the impartiality implies that
Withregard to public
shall work as an instrument of the govt
an officer
He shall provideservices for welfare ofsociety
the
interest of the weaker
at large and duly protect the
descriminate
sections Most importantly he shall not
on the basisofreligion caste gender etc
with regard to the political executives impartiality
is basedupon the neutrality administration According
of to
to F Mo therex administrative Neutrality refers
the principle withoutreservation and with
of working
devotion towards the success of every govt Lawfully
in power This means that administration shall
advice to the political
provide appropriate technical
without or the intention
leadership fear favour
leadership Such
of pleasing the political
only
now
partisanship is essential because adore is
 expected to maintain continuity in the working
of the govt
the advantages of a neutral administration are
1 It ensures meltability and professionalism In the
abseuse ofneutrality the administrative system
would become politicised this would create a spoiled
system in which offices become excessively dependent
on political patronage such a system would be
extremelyresistant to any changes in political
ideologies

even thoughsuchchanges reflect the changingaspirations

ofthe people
It promotes public confidence In the dedication of
administration towardsfulfilling their current
mine in
objectives as well as the confidence of
the loyalty and advice of their officers
3 It promotes high moral and better performance
within administration since officers are certain that
theywould be appreciated fortheir merit rather
than political connection
for any
Don'tblindly obey use yourdiscretion
Moralcorruption
Jews Holocaust 1 Nazis blindly followed orders
n70001
2013 7 Hiabhaya Fund ooo Cr yr
1250Cr sanctioned 300 used
in
 6too ur lying at disposal forwomen
PM dissolve N IF
Not illegal
Head commitment
nor desirable
However absoluteneutrality is neither feasible
because
It blind obedience which promotes moral
1 implies on
corruptionthis means that officers wouldfocus
slavish complaince with the given orders insteadof
such
usingtheir desertion to assess the impact of
orders on sustained public welfare
In the context social welfare programcontinuity
of
is critical such programs require significant
investment and long gestation periodsAbsolute
could lead to even important programs
neutrality
being discarded every 5 years as a result ofwhich
they never achieve their objectives therefore
may
a certain degree commitment becomes necessary to
of
ensure the meaningful continuityof such programs
see portal
A
133
Case IPS Psu price men
11PM HeavilyArmed
men

s
n

t call from
a willfully default senior
the order
 Buttram Russell lowest form human expression is opinion
4 c empathy
highest

Nature order Response

of
Illegal
Disobey
Seekdalification
Questionable
Age to reconsider
seek in writing
Approach SuperSup

but placereservations on
obey
Diff ofopinion record

HQ Choo 13 15
Report to of 2nd Are

bearing outcomes
 36 Oct 2019
Accountability
notpunishyou
1 Answerability justificationofactions may
a Enforcements sanctions penalties interest
3 Responsiveness respondingtopublic interest self

J Based on Directives

Responsibility 4 selfimposed
Answerability 91 third agent
Accountable I imposed by
Individual Accountability
case
Police officer
lacks physical courage
wwismfnpde.noiblefaers system Y
what can be done
I training

collective Accountability
Monitoring'O
Limitations
of Accountability X
Sup Sub
Nexus Quantitative vs Qualitative
Serviceprovider
Refn
s monitor Efficiencyvs Effectiveness
comtimon whatis
people Efficiency whatis
system
suffer vs Effectiveness system
Ex Teacher
capable of actually
doing
Absenteeism quality
Responsibility
Health
Accountability t Responsibility needed
Linkages
Io participants in Governance
donor fromother
Giel accident blood transfusion
religion
what are ethical issues
ArmedFones
toencourage blood donations
I Need I 13Lacsd
2J blood in form of sachet
Donors
Educational Ina t Ale
so easier to bring
Institution has more authority
but it has to be supported by society
charge

Society
State C80
4 JI E
Market
Media

Society vs Institutions
Rules Procedures to provideguideline

Networkof socialRelationships

do whatiswrong2 Whypeople
Veeryoften people knowingly
do so 2
Y Reinforcementby society
Ex accident vs interview
 Features Synergy
Institution
Society Consistency
I likeness ofDifferentiation
Has a specificpurpose
2 a Interdependence Canenforcerules regulations
3 Cooperation ofconflict

Ex K Sivan Indian beforeTamil

ISRO chairman

SQ Zomato Ning
Hindu

EI Sati

Ethical Governance Org

Structure

Role Org
ofSociety
Culture

Role of Individual

The participants in governance

they share an organic and dynamic relationship

they influence of
awe influenced
by each others
actions Therefore the strengtheningof ethical values in
governance depends upon a judicious understandingof
the relationship that bindthem
the most comprehensive participant in governanceis
society Society can be understood as the networkof
 social relationships through which individuals aae
related to each other the basic feature of a society
to the
are 41 likeness differentiation which refers
a society believe that
extent to which members
of
similar attributes The more the differences
they share
the social
is one subordinated to likeness the greater

harmony
It to the extent to which
21 Interdependence refers
members realise that no single individual can

all the for a reasonable

perform functions necessary
words the realization that a
existence In other
interdependence
smooth existence requires mutual
without descriminalion or prejudice
3 Cooperation 4 Conflict It refers to the extent to
whichmembers believe that their interests are
to eachother
aligned with or opposed
within society are institutions An instith can be
Understood as the established rules of procedure that

provideguidelines for regulating human activity

An institution has consistency fins with specific
purpose in mind However its most significant
rules procedure
advantage is that it can enforce
to regulate the behaviour of its members Therefore
It is relatively easier an institution to pioneer
for
 progressivethinking and liberal values not
only
its members but also across society However
among
unless such initiatives are supported reinforced by
to the desired
society they are unlikely produce
impact

Elements
of Ethical Governance
culture
Organ structure org
EiiiEEiI
unfit
e

Behaviourt.EE qjEn
Amero
Act
MVA cooperative
role Integrity
of society c
oauy Individual
reinforce Attributes
attributes

Structure Laws Rules Regulators

1 he
interpreted implemented
4
Comes from
culture
culture collectivebelief Extra Judicialkilling
we encounter killing Executive
tea Legislature

discipline Judiciary
wee

T
As youreposh 7 impact also
 Switzerland 1 direct democracy

is easiest
Behaviour vs Altitude
visible mentality

is the most effective important

the charge unourts
see
Gandhi be
Role
ofIndividual
Nehru
Being a meaningfulchange 1947 Gu
change simultaneously cultureofservice
constitution wasstructure

1964
Indira
1966
of
Culture sycophancy

loyaltytoparty
family
197516 Miniconst42ndRAA

GianiTaitSingh
4Peesident
Structure
Problems Disabling

Society Culture Negative

Uncooperative

Individuals Opportunistic
SOI Enabling Orghstructure documentation
i formalization role defined by
2 Centralization decish making at singlepoint

Rules 9 RulesTT Discretion RulesTTT

r

Degreeofformalization
culture
the organization

Centralization cooperative society

may Acorruption
decentralese
To whatextent youean centralise
or

depends on society
u formalise
a
org culture

is Honest
Integrity
consistent honesty
regardless of towpath
Role Individual ofintegrity
of
 outcomes
Leaving
 5 NOV 2019 I5
status in Public Administration
of Balance
Objectivity vs Subjectivity
e
Honesty
Proficiency
Law Ethics
Eco Environment
As maintain a balance
far as possible

If youhv to choose choose subjectivity

because objective criteria are relativelyeasier to improve

Indira Gandhi f Emergency
um
or Unsustainable
Ideal
Efficiency
Objective
unacceptable improvable Training
Profits
RajivGandhi Usetech
1 Goodsuperior
0 BhopalGas Subjective Subordinate
Tragedy Conesty
Unioncarbide Needintroducth
Totally
Unsustainable
Lenr
Delhi e vehicles of
IIImaggi
Responsibility travels upward T
Ex c TeesHajariincident
BSF Jawan Hideo
Feraticide
ft accidentalkillingofcluesanewforces in war
HomeMinister
DelhoPolice u foetalGovt w
ControlBody
NGT Highest Pollution
India 1947 once a countryof Ideals
Today none
 Balance b w Means Ends Relationship

Decision Facts Values

Tutelic Admin
Admin Public
1 btecs Pepeor ultimateSovereign
Expert
Means Ends Seethis
Fact Values populistdecision 1
Admin Discussed in class 3
Public
I
Means Ends Reversal Ideal
Decision
Means Ends
Approach
We rely on procedural compliance a Rulebound
Ex Eveforgot thepurposeofjoiningVatan
we
Rjustattending classesdaily
Mechanical
0 31 00 to universalsanith toilets in V households
Casei Dc wants provide I
150 Cr needed 50 or art Not possible
toilets
He proposes community
Areas
Govt it is not used in Rural
finds
Problem CentralRural
l i bwachchBharat Nirmal Bharat SanitationProgram
Abhiyaan
5400Crs wasted
Discrimination

Belief
thedecision only focused on admin values and ignored
public values
Both Need to address public values
Public Values may be sometimes be we
 Ex Edu to loss of jobs for boys
ofgirls lead
we
value
Maintain a balance b w means of end

Balance b w Personal and collective welfare

conviction
D insituation
case Seniorofficer in Home ministry
reaches ministry meeting
calls fairwly member has just met accident
died
A live for fewhours

Meeting of NucleaeDeal
vs liveforfewhours
a choose
dutybefore self
Personalwelfare
a Duty
Ex ViratKohli
hen his fatherdied
he was playingRangi
hesaid
He hadsomeresponsibiy
Ex JusticeKorean Joseph for his teammembers
said CTE meeting on 25thDec
wouldn'tgo as it is myright
whereLawends
Critq Notpossible Ethics begin
Tts head

Ex Hadi Ravi
Soldiers
SomeRaja Jbmittenby
beauty emphasize
justto
PrithviRajChauhanMISamyukta theimportance
Delhifell into politicalunstability ofduty
 Tata Group Gajttotel

Kalaurbir Kang He gotpeople outto safety

Ethics 05

Organizational structure
hauss Rules Regulations
1
limitations
strengthen supness
approach d bothdepends upon
Deontological ve Teleological
individual

Agirl chemist medicine forbrother

case lily
forsome allergy a lifesavingdrugs Girldoesn't
have a prescription
should chemist give meds
L
Yes Was
No Truth
Ireland
severe allergy with peanuts
Emma S 14yrs
Shedried

Everything legal need not be moral

What youchoose how to defend
Laws Rules Regulations J Body of Rules
who makes 1obeys

Rules puts reasonablerestrictions on human

guidelines to govern behaviour
 can be made l command obedience
by anyone can

compliance volantaey

Laius made by sovereign political body

compliance mandatory

Regulations Rules that translate laws into action

Motor Vehicle Act Law

Executive
Traffic Rules Reg Traffic Authority
What is establish criteria Reghtiswrong
utility
Deterrent
safeguardfrom misuse

Limitations
of LRR
Laws Rules Regulations
A Rule is a standard or guideline that governs and
human behaviour within a particular area
regulates
the purpose a rule is to placereasonable
of activity of
restrictions on therights the people and control their
of
self interest A Rule can bemade
tendency to act only in

byany individual group on organizh Since it is not

necessarily based on politicalauthority a Rule can't
command obedience unlees an individual voluntarily
agrees to abide by it
 Law canbe understood as a body of rules that is
a sovereignpolitical Laws
enacted
by authority protect
the rightsofthepeopleand can providepenalties for
violation Since they enjoy
non compliance or
any
politicallegitimacy Laws must be obeyed without
exception

the agencies that are empowered to enforce Laws are

also authorized to make regulations to implement them
Thus regulations and those rules that translate laws
into action and so
carry the full force of law
Given the complex and
dynamic nature of human activities
laws rules nefulns become essential for
establishing an objective set of criteria to distinguish
between and wrong suchcriteria helps in assessing the
right
legality adequacy and desirabilityof anaction
Creating deterrents inthe form of penalties forany misconduct
or
marry misbehaviour
3 Safeguarding citizensfrom
any possiblemisuse ofauthority
or discretion

However with
regard toethical governance LRR may not
necessarily be the solution for all problems and at times
may even be a partof the problemitself thisis so because
what is not be
legally
permissible
may morally
defensible
and vice versa
 Limitations of LRR
Concern Example
Laws may not be Apartheid SouthAfrica
morally justifiable slavery SA
Holocaust Germany
Racial Profiling
U.S.A lgarans frisked
was not morallyJustified
Lawsbecomeoutdated juvenile justice Laws
Minyrs 2012 18 Yrs
2019 16 yrs advirbhaya

Sec 377
capitalpunishment
of Indira Emergency
Laws need idealism in Art 3521356
their interpretation Art 21
Pol Art 40
Judge t Buteau

I should not21 include the Right to Die

Suicide See 309 IPC
Sati hunger strike self immolath

Ethnnasia Arma

Year court case verdict

E
1906 Bombay individual ismasterof
Hc his own body
suicidal needs treatment
see 309 to bestruck
down
 Iggy Andhra upheld see309 cited
tee trend of hungerstrikes
andselfimmolation
Landmark Verdict
1994 Sc Rathnam vs suicide shows psycho
WI problem rather criminal
instinct
Sect 309contravenes
Art 21

1996 Sc Abetting suicide

facilities Art 21
overruled Rathnam
verdict

Should At 21 give Right to Die with dignity

Anura Sangha People in Vegetative state
1973 2011 38 years
xx
litho Voluntary vs Involuntary euthanasia
How Activepassive euthanasia

Hospital DoctorstNurses says X

stands Euthanasia not allowed
Legal
moral 8km0 wall everyonebe that fortunate
Developing Indie resource constraint
Active Give Injection
E AP Y Food water
 WHY Fondhment
is high
of guilt
which is moral Humane Active El Passive E
Active

LawsRules Regulation suffer thefollowing limitations

the law
1 the enactment of a law doesn'timply what
commands is morallyjustifiable A Law may be
enacted only to promotepowerful vested interests or
even social in SAfrica
prejudices EI Apartheid
Slavery in Urs and Holocaust in Germany were
all permitted
by law but symbolise a gross violation
basic humanrights
of
2 Outdated
3 Interpretation
4 Moral Minimum Letter spiritof law
5 Servespecific ends Art 45 42ndA A
Retrospective taxation
6 To avoid ethical deliberation

pre 10 AM
9 30 AM
9 no 9 43 better of law upheld
uphold Spiritof Law
How to Lspirit
of law
spiritis not to endanger someone
asksomeone to bethereforhimfornext 3 U hrs
Donotsuccumb to situation
 whateveris legal is Ethical
Girl us Cheurist
is
Everynow then there conflict case
Peopleuphold legalprovision
rather ethical

MaterialRenalties
GuiltIRegret

Governance
to promotehood
9 Not sufficient
Addressing the Limitations

To discuss Deontological

Ethics in Pnb Adm A Aphilosophical Approach

PatrickSheeran
Clift I 6 to

Outcomes
Learning
 25 Nov2019 Ethics Ob
Workculture

PhilosophicalBasisofAdmin
Ethics
1 Deontologicaltheory
Create Periodically Improve Als
objectivelaws Cr
emphasises
individualdiscretion
H Teleologictheory code all cases
Not possibleto

GiftsbyPublic contractoflife
partofbasic
IAS
to avoidany undueimpacton theperformanceof
1 EmotionalValue
Gift Symbolicvalue
Value
Monetary
Bothapproachesdepend onindividual
not
Deontological adhering rules1
border
EXI 1stposting1ps Mdo Pak
Crossborderfieing
Deontological Approach
ManualofSOP is tobefollowed
Eitherfollow Sop or
Discretionofindividual decide something

educated conscience
thisleads to the needof well I
intellectual decision wit
moralityof an action

Even is right youcan't take wrong means

if yourpurpose
Ex Hiroshima nuclear attackbyUo so
moral
Yes
µs No
 Conscience I valuesystem Z parentingeeducation1 Society
E IndiraGandhi background tnng
1966 7 5 GreenwhiteRev IndiaFirst

canvalueschange Yes
Sheimposedemergency
hawk
yes f
1975 7 7 J she is Ruoia

contradict collective conscience

Individual's consciencemay
Ex Capital punishment
dead mother ill
Chaltisgarh boy poor father
to
Naxalites urge him join
corrupt state Collectiveconscience
Individual conscience is
Naxalites
Boy sustainable
violence can never give you longrasting
solution

Conscience
MoK Gandhi on Laws
Laws
Indi Consco is always
Yes No
1947
laws made Laws ismadeby
by British poloRepresentative
imposed Law collectiveconscience of
allpeople in thecountry
thelaw isunfair
If youbelieveamended Law will prevail
Getthe law
 WorkCultures y concept
2J FeaturesofAdmin Cerlture
3 Influences on Admin Culturehis Rudis

Ex Ruchika beiehotra 1993 reflectsorg

i 14yrs old culture
am

i
mom
hai
hatch
Rocks
Dharmo Rakshati
isprotected
way
sew Lawprotectsonly if it
A
199g Deep 2002retired
monthsjail
2009 Rstooo fine 6
culture
common understanding wrt values practices
of
abhod objectives

an organ

WorkCulture It can bedefined as the system ofpersonally

and collectivelyacceptedmeaningsof work as
understood the members of an organization at a giventime
by about
In otherwords it refers to the members understanding
the values practices and objectiveof an organization such
an understanding helps themembers determine what the organizh
themselves
intends to accomplishand how they should conduct
tohelp in achieving this objective
thebasicfeaturesof a worm culture are
1 It is inherentlyabstractin nature
d It isnotcodified or prescribed in the formofrules Rather it
shapes the perceptionofthe employees through their experiences
interactions ofobservations at theworkplace
 It is a reflection of the mentality of the employees and
our indicator of the credibility our reputation of an organist
A good work culture inspires public trust in and respectfor
the organizh
It creates a sense of identityfor theemployees enabling
themto understand theirwork as a whole rather than
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 ETHICS - 07 (Brijendra Singh)

FRAMEWORK OF VALUE DEVELOPMENT

From an organisational perspective, we consider the framework in an upward direction, across four broad
dimensions:

1. Institutional Changes: This refers to the measures that can be instituted in a tangible form to
promote the right values in the working of an organisation. Most frequently, they take the form of
rules, regulations and procedures. For instance, the introduction of e-governance can promote
standardisation and reduce the possibility of misuse of discretion. Similarly, the establishment of
an internal complaint committee can reduce the possibility of harassment, favouritism etc.

2. Behavioural Change: Behaviour can be understood as the observable part of an individual’s

actions. As institutional changes are strictly enforced, the desired values begin to appear in the
observable actions of an individual towards himself, his colleagues and the public. Such changes
can be observed in actions such as punctuality, social courtesy, public hygiene, compliance with
rules etc.

3. Attitudinal Change: Attitude can be understood as the mental disposition an individual has
towards objects and issues in his environment. An attitudinal change refers to the internal changes
within an individual that affect his evaluation of the environment. As desirable behaviours are
reinforced by rewarding their appearance and punishing their absence, an individual becomes
more inclined towards inculcating them (and their underlying values) as a consistent part of his
conduct.

4. Belief in Orgn. Values: A belief is an idea that a person holds as being true. Values are stable,
long-lasting beliefs that reflect what is important for a person. A belief develops into a value
when a person’s commitment to it grows and they perceive it as being important. The long-term
goal of organisational value development is to help an individual develop conviction in the
organisation’s values and their benefits. This will ensure that such values are instinctively
understood and become the basis for all actions across all situations.

The limitations of an organisation in inculcating the appropriate values can be understood by considering
the same framework in the reverse direction. In this form, it emphasizes the importance of the individual
and society in supplementing an organisation’s efforts. This is so because an individual’s beliefs at the
time of joining an organisation are already shaped by many factors such as their upbringing, education,
culture, experiences etc. Thus, the more the congruence between individual and organisational values, the
more would be their acceptance and compliance. Similarly, the more the divergence, the more would be
the resistance and conflict. This not only emphasizes the importance of selecting the right individuals for
positions of authority but also of nurturing virtuous individuals within society.

Page 1 of 6

ELEMENTS IN VALUE DEVELOPMENT

The quality of governance depends upon the quality of the public servants. It is the officers who
formulate, interpret and implement rules and procedures. Thus, each officer must have a clear
understanding of the roles and responsibilities involved in public service. As such, there are 8 broad
elements involved in developing and sustaining positive values:

1. Recruitment:
The purpose of a recruitment policy is to attract, identify and select the right quality of human capital
i.e. sincere and diligent individuals who are genuinely committed to public welfare. Therefore, the
recruitment policy must:

i) Assess not only a candidate’s intellectual abilities but also his temperamental qualities.
Temperament can be understood as an individual’s nature, especially with regard to the
manner in which it affect’s ones behaviour. An accurate assessment of an applicant’s
temperament can help gauge their motivation towards and compatibility with the chosen
service. Some tools that can be used in this regard include psychometric evaluations,
situational analysis exercises etc.
ii) Address the backwardness of certain sections but not at the expense of merit i.e. affirmative
action should not be misused to permit a compromise in merit.
iii) Establish an age for entry which permits meaningful interventions in the individual’s
behaviour and attitude.
iv) Enrich the knowledge base of applicants for the civil services. Conventional university
courses do not adequately provide the skills required to deal with the complex challenges that
administration has to face. Thus, there is a need to introduce formal courses in our higher
education curriculum that include an understanding of our Constitution and laws, the political
system, social and economic concerns etc.
v) Have provisions to address rigidity, incompetence and inertia in the administrative system.
This can be achieved by allowing lateral entry into the civil services, so that successful
entrepreneurs, academicians and social workers can add competition, experience, innovation
and dynamism to the existing administrative system.

2. Training:
A good administrator is not born but made. This emphasizes the importance of training in reinforcing
behavioural and attitudinal traits. It is important not only at the stage of induction but also at periodic
intervals to ensure that organisational values are consistent with the changing value systems of
society. Some issues related to training programs in India are:

i) The focus of most training programs remains restricted to imparting job-related theoretical
and technical skills. This should be supplemented with an emphasis on developing the overall
personality of an individual and inculcating a genuine motivation to develop desirable
attitudes.
ii) Probationers often take the training as a formality to be completed rather than as a learning
exercise. This is further compounded by the provision of leave to appear for the civil services

Page 2 of 6

 exam again. As a result, the focus is more on personal interest rather than on organisational
functioning or public welfare.
iii) A probationer who is yet to be finalised for the govt. service should not be allowed to get
accustomed to the trappings and perks of a govt. servant. The spartan and rigorous culture of
training programs in the armed forces should be used as a model to create a culture of service
rather than elitism.
iv) Penalties for misconduct should be administered swiftly, without any apprehension of
countering an individual who could soon enjoy substantial authority and discretion.
v) To foster a genuine motivation to apply oneself and learn, the most appropriate techniques
are group exercises (e.g. Case Study method, Role Playing exercises etc.) that encourage the
direct participation of the trainees and places the trainers in a supervisory capacity. Since the
trainees share similar backgrounds and experiences, such techniques help in better scrutiny
and understanding of an individual’s behaviour and decision-making process. More
importantly, they provide the individual with opportunities to reflect on his own behaviour as
compared to that of others and discover practical methods for self-improvement.
vi) Regular sensitivity training should be imparted to the lower levels of administration, where
public contact is more frequent, to sensitise them to public needs and problems.

3. Performance Appraisal:
Performance appraisal is a legitimate tool through which a superior can not only evaluate but also
influence, pressurise and even victimize his subordinates. This can severely damage the functioning
of an individual as well as the work culture of the organisation. Thus, it becomes important to
incorporate the following dimensions into the performance appraisal systems:

i) The possibility that the superior may misuse his discretion can be regulated by providing for
cross-validation through a 360° review. Other tools that can be used include a peer review,
multi-member bodies (such as a Civil Services Board) to regulate matters related to transfers,
promotions, disciplinary action etc.
ii) Performance appraisal systems in India focus largely only on quantitative criteria. Thus, there
is a need to develop qualitative indicators for assessing performance e.g. Outcome
Budgeting, Social Impact Assessment, Social Audits etc.
iii) It should provide incentives for better performance and disincentives against non-
performance, for instance through performance-linked pay structures. Further, there must be
provisions for motivating officers to work fearlessly such as stability of tenure and
appreciating their efforts by instituting awards.
iv) At present, the exercise is restricted to evaluation. This should be broadened to encourage a
shift from Performance Appraisal to Performance Management. This would ensure that there
are mechanisms to help the individual understand the deficiencies in his performance and
facilitate him in enhancing his performance.

Page 3 of 6

 Characteristic Performance Appraisal Performance Management
Rating System Top-down process Joint/Participative process, with
mutual dialogue
Focus of Review Past performance Future focussed
Periodicity Once or twice a year Ongoing, continuous review
Type of measures Quantitative Quantitative + Qualitative
Emphasis On Ratings and Evaluation On Performance planning, review,
analysis and improvements
Questions asked How well was the work done? What can be done to help
employees work better?

4. Code of Ethics/ Code of Conduct:

A Code of Ethics or a Code of Conduct refers to a body of guidelines (rules & regulations) that
encourage or discourage specific forms of behaviour within a profession. Both types of codes are
mutually supplementary in nature but are different with regard to the range of issues that are taken
into consideration, the degree of specificity in their statement and the ease of enforceability.

A Code of Ethics establishes general principles to guide rather than to dictate behaviour. Such
principles are usually social or moral in nature, and thus, can cover a wide range of issues. However,
they are also general/vague and abstract in nature and so, are subject to interpretation. This makes it
difficult to enforce penalties even if they are violated. Thus, adherence to a Code of Ethics depends
upon the sense of responsibility within the person. e.g. oaths, integrity pacts etc.

A Code of Conduct is consistent with the principles of a Code of Ethics. However, it provides more
specific guidelines by outlining a clear set of expectations about actions that are considered
necessary, tolerable or prohibited. Since it is more objective and precise, a Code of Conduct can also
provide for penalties if its provisions are violated. However, since it’s guidelines are specific, a Code
of Conduct is also restricted in scope and can cover only a limited range of issues.

In situations where a Code of Conduct is silent or ambiguous, a Code of Ethics still provides
guidance through its fundamental principles.

5. Motivation:
Motivation can be defined as the processes that account for an individual’s intensity, direction and
persistence towards achieving a goal.

i) Intensity refers to how hard the person is willing to try to achieve a goal.
ii) Direction refers to the extent to which his efforts are aligned with organisational goals.
iii) Persistence refers to the extent to which an individual can maintain his efforts towards the
goal.

The higher the level of motivation, the easier it becomes for an individual to resist temptations,
overcome hardships and stay true to his principles and convictions.

Page 4 of 6

 In this regard, Herzberg’s Two-Factor theory of motivation provides valuable insights into how an
organisation can motivate its members. According to the theory, there are two sets of factors that
need to be considered:

i) Hygiene factors: These are factors whose presence may not lead to motivation but whose
absence is likely to cause dissatisfaction e.g. physical conditions of work, salary,
supervision, job security etc. When these factors are adequate, people will not be
dissatisfied. However, the mere presence of these factors is not enough to motivate people to
work better.
ii) Motivating factors: These are factors that will actually motivate people, such as promotion,
personal growth, work-life balance, recognition, job-enrichment etc.

6. Leadership:
Leadership can be defined as the capacity to influence others to follow willingly. The leadership role
of administration is important not only within the govt. but also towards the public. When an
organisation or society faces turmoil or changes in its value systems, a leader is expected to provide
clarity and direction through his words and actions.

A good/ethical leader performs the following functions:

i) Acts as a crucial source of ethical guidance. A leader encourages a process of enquiry, by

facilitating queries about what would be considered right or wrong and guiding the
subordinates in the right direction.
ii) Serves as a role model and demonstrates the behaviours that would be considered
appropriate. Members of an organisation learn about values by watching leaders in action.
For instance, when leaders are prepared to make personal sacrifices, the other members are
more likely to do the same.
iii) Considers the long-term consequences, drawbacks and benefits of the decisions taken by an
organisation. In doing so, leaders incorporate the relevant ethical dimensions into the
decision and are sensitive towards rewarding and safeguarding ethical conduct.

7. Encouraging Ethical Behaviour:

Consistent ethical behaviour can be maintained only when malpractices and misconduct are reported
and punished. However, an individual is unlikely to complain or report a violation unless he is certain
that his own welfare and safety would not be unduly compromised.

Therefore, it is important to identify areas where ethical problems are more likely to occur and
develop strategies to counter them. Such areas include job descriptions involving significant increase
in discretion, politics-administration interface, ignorance among the citizens, higher levels of
discretion, greater threats and temptations etc.

In this context, an important mechanism is the “Whistleblower Protection Act” (2011). It defines a
public interest disclosure as a complaint related to a wilful misuse of power or discretion which
causes demonstrable loss to the Govt. or demonstrable gain to the public servant. The salient features
of the Act include:

Page 5 of 6

 i) Making such a disclosure up till 7 years of the occurrence of the action.
ii) The disclosure must contain the identity of the complainant but the identity shall not be
revealed unless it becomes necessary to do so to seek information.
iii) The Competent Authority may require the production of any document or may summon any
person for the purposes of enquiry. But he can only recommend corrective measures to the
concerned public authority.
iv) To prevent harassment or victimisation, the Competent Authority may direct the public
authority to provide protection for the complainant.
v) Provides for punishment for revealing the identity of the complainant or for making a
malafide disclosure.

The Whistleblowers Protection (Amendment) Bill, 2015 adds the following provisions:
i) The amendments prohibit the reporting of a corruption related disclosure if it falls under any
10 categories of information including information related to: (i) economic, scientific
interests and the security of India; (ii) Cabinet proceedings, (iii) intellectual property; (iv)
that received in a fiduciary capacity etc.
ii) The Act permits disclosures that are prohibited under the Official Secrets Act (OSA), 1923.
The Bill reverses this to disallow disclosures that are covered by the OSA.
iii) Any public interest disclosure received by a Competent Authority will be referred to a
government authorised authority if it falls under any of the above 10 prohibited categories.
This authority will take a decision on the matter, which will be binding.
iv) The Bill states that the 10 prohibited categories are modelled on those under the RTI Act,
2005. However, this comparison may not be appropriate. Unlike the RTI Act, disclosures
under the Bill are not made public but in confidence to a high level authority.
v) With regard to the 10 prohibited categories, the RTI Act allows (i) the public authority to
disclose information if he considers it to be in public interest; and (ii) a two stage appeal
process if information is not made available. The Bill does not contain such provisions.
vi) A Competent Authority is required to refer a prohibited disclosure to a government authority
for a final decision. However, the Bill does not specify the minimum qualifications required
or the process of appointment of this authority.

8. Evaluation of Value Development:

It is important to evaluate the impact of value development initiatives to determine whether they are
producing the desired results. If the results are not in accordance with expectations, further
interventions and modifications can be developed. Although it is difficult to accurately estimate the
effectiveness of such measures, some useful indicators include:

i) Increased awareness of issues such as morality, public welfare, corruption etc.

ii) Change in the number of complaints and detected offences.
iii) Change in the number of queries to superiors regarding a conflict of interest.
iv) Increasingly critical attitude towards ethically questionable activities.

Page 6 of 6

 ETHICS – 01 (Brijendra Singh)

ATTRIBUTES OF GOVERNANCE

3. Governance is demand-driven. This means that citizens will get the quality of
governance that they demand. If citizen demands are meaningful, it will have a positive
impact on the quality of governance. However, since citizen demands may also be
unrealistic or unreasonable, it becomes important to appropriately educate and facilitate
them to meaningfully contribute to better governance.

4. Governance is a neutral and dynamic term. This means that governance by itself is
neither good nor bad but can move in either direction, depending upon the actions of each
of the participants. Thus, it is critical for each participant, individual or institutional, to
conduct its affairs in a manner that contributes to a better quality of governance.

5. Governance is as much about the process as it is about the outcome. The better the
process, the better will be the outcome. Ideally, we seek to maintain a balance between
the two. But even if the objectives or ends are noble, the processes or means through
which they are to be achieved should not be compromised.

GOOD GOVERNANCE

Good Governance is defined as the existence of effective mechanisms, processes and institutions
through which citizens and groups articulate their interests, exercise their legal rights, fulfil their
obligations and mediate their differences. It has 8 characteristics:

1. Participation: Citizens must have a voice in decision making, either directly or through
legitimate intermediate institutions. Such participation needs to be informed and
organized. This requires freedom of association and expression on the one hand and an
organized civil society on the other.
2. Rule of Law: Legal frameworks should be fair and enforced impartially. Human rights
must be protected, particularly those of minorities. This requires an independent judiciary
and an incorruptible police force.
3. Transparency: This means that information should be freely available and directly
accessible to those who will be affected by any public decisions. This requires that
adequate information be provided in a manner that is easy to understand and monitor.
4. Responsiveness: The institutions and processes involved in governance should serve all
stakeholders within a reasonable timeframe.
5. Consensus orientation: This means that there must be mechanisms that enable the

Page 1 of 3

 mediation of the different interests in society to reach a broad consensus on what is in the
best interest of the whole community and how this can be achieved. It also requires a
broad and long-term perspective on what is needed for sustainable human development
and how to achieve the goals of such development.
6. Equity and Inclusiveness: This means that all groups, but particularly the most
vulnerable, should have opportunities to improve and maintain their well being.
7. Effectiveness and Efficiency: This means that processes and institutions produce results
that meet the needs of society while making the best use of resources at their disposal.
This includes the sustainable use of natural resources and the protection of the
environment.
8. Accountability: This means that governmental institutions, the private sector and civil
society organizations must be accountable to the public and to their institutional
stakeholders. Most importantly, an institution must maintain accountability towards those
who will be affected by its decisions or actions.

PROMOTING GOOD GOVERNANCE

Promoting good governance involves two elements, Assessment and Enforcement.

Assessment involves establishing expected benchmarks, identifying deviations from expected

standards and determining corrective measures. This is enabled by considering governance as a
framework of five broad dimensions:

POLITICAL LEGAL ADMINISTRATIVE CORPORATE SOCIAL

Exercise of Rule of Law Efficient, Effective Corporate Social Equity
franchise and Economical Governance & Unity
Virtuous political Access to Citizen interface & Profit + Civic Sense
representatives justice participation Welfare &
Participation
Constructive Transparent Quality of Fair trade Independent
Legislative Judicial practices Media
Functioning Appointments Service delivery
Political Judicial Responsiveness Corp. Social Forums for
Decentralisation Activism Responsibility Public
Opinion

Enforcement refers to the enactment of preventive and corrective measures wherever deviations
are witnessed. This can be achieved by adopting regulation or inculcating self-regulation.
Regulation is relatively easier but is effective only till supervision is maintained. If supervision is
withdrawn, people often revert to their old, poor behaviours.

Page 2 of 3

This makes it vital to inculcate willingness within each participant to introspect upon their own
actions and self-regulate themselves. This can happen when people act out of a sense of
responsibility, rather than only when they are answerable to others. Therefore, it becomes
important to promote an ethical quality of governance, based on a strong value system.

ETHICAL GOVERNANCE

Ethical governance refers to a system where the conduct and the objectives of each of the participants are
closely aligned with the collectively determined values, ideals and aspirations of the nation. In the Indian
context, such values are most significantly expressed in the Preamble, the Fundamental Rights, the
Directive Principles of State Policy and the Fundamental Duties enshrined in the Constitution.
Since ethical governance is value-based, it faces two crucial problems:

i) Adopting and inculcating values is not easy. Consistent adherence to a value will require
discipline, hardships and even sacrifice.
ii) Values can be subjective in interpretation. This means that even if we agree upon the same
value, the manner in which we interpret it may differ. Each such difference has the potential
of causing friction and conflict.
To overcome these problems, it becomes important to promote probity in governance. The foundation of
probity is based on understanding the distinction between answerability and responsibility and relying
upon the latter rather than the former.

Answerability refers to the obligation created upon an individual or institution to provide justification for
its actions or decisions. Such an obligation is based upon external criteria, such as orders, rules,
commitments, charters etc. This makes it easy to identify deviations and, if required, impose material or
professional penalties. As such, answerability is capable of being highly objective and easy to enforce.
However, answerability is of limited value without the presence of adequate authority, knowledge or
time. Therefore, if governance is limited only to answerability, some individuals may escape the
consequences of their actions.

Thus, an indispensable component of ethical governance is a sense of responsibility. Responsibility also

involves an obligation to justify ones actions but such an obligation is now self-imposed. This makes it
more dynamic and wider in scope than answerability, since the individual can assess changing situations
and select the most suitable course of action.

The problem with responsibility is that it is self-determined and hence subjective. This makes it difficult
to arrive at a standardised evaluation of what would constitute responsible conduct. This also makes it
difficult to impose penalties that would affect an individual’s material position. The only penalties that
can be imposed are feelings of shame, guilt or regret. Even these penalties cannot be imposed without
self-realisation. Thus, enforcing responsibility becomes extremely difficult and necessitates the
establishment of accountability.

Page 3 of 3

 ETHICS-03 (Brijendra Singh)

IMPARTIALITY

The advantages of a neutral administration are:

i) It ensures reliability and professionalism. In the absence of neutrality, administration would

become politicized. This would create a spoils system where officers become excessively
dependent upon political patronage. Such an administrative system would be extremely
resistant towards any changes in political ideologies, even though they reflect the changing
aspirations of the people.
ii) It ensures public confidence in the dedication of administration towards fulfilling their
current aspirations and the confidence of the Ministers in the loyalty and advice of their
officers.
iii) It ensures high morale and improved performance within administration, since officers are
certain that they would be appreciated for their merit rather than for their political
connections.

However, absolute neutrality is neither feasible nor desirable because:

ii) In the context of welfare programmes, continuity is critical. Such programmes involve
significant investment and long gestation periods. Absolute neutrality could lead to important
programmes being discarded every 5 years and most of them would never achieve their
intended objectives. Therefore, a certain level of commitment is important to ensure the
meaningful continuity of ongoing programs.
iii) Absolute neutrality may be feasible in a system where there is an agreement on the
fundamentals that should govern the society. Since such a consensus is not always possible,
especially in a nation as diverse as India, the political executive is likely to avoid addressing
contentious issues. In such a scenario, absolute impartiality is not conducive to public
welfare. It inhibits progressive initiatives and focuses only on maintaining the status quo. e.g.
with regard to a Uniform Civil Code, Sec. 377, animal rights etc., free and frank bureaucratic
inputs are vital to guide the political system and nation in the right direction.
iv) Since a democracy is vulnerable to populist pressures, political considerations may not
always be the most practical. In such circumstances, absolute neutrality can lead to decisions
that are myopic and focus on promoting political gains in the name of public welfare.

Although an officer should remain politically neutral, he must not become programme neutral. This
means that he must display a certain level of commitment towards programs, schemes and orders that he
believes will promote public welfare and ensure their success by using his expertise at the stage of policy
formulation and implementation.

In other words, an officer is duty-bound to obey orders but not to obey them blindly. He must use his
discretion to assess the nature of the order and then choose the most appropriate response.

If the order is illegal, he is duty-bound to disobey the order and if it is questionable, to seek clarification
or ask the superior to reconsider the order or give it in writing. In situations where there is a genuine
difference of opinion, an officer is duty-bound to follow orders. However, he can place his concerns,
reservations or suspicions on record for future scrutiny by institutional mechanisms such as the
Legislature, CAG, Judiciary, Media etc. However, this requires strength of character and a genuine desire
to promote public rather than personal welfare.

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ACCOUNTABILITY

Accountability can be understood as the institutionalized (legal & procedural) mechanisms that ensure:

i) Answerability- which refers to seeking justification for an action or decision.

ii) Enforcement- which refers to the imposition of sanctions and penalties if the
justification is found unsatisfactory.
iii) Responsiveness- which refers to determining the extent to which an action was taken in
response to the genuine needs of the public rather than only for administrative
convenience.

Answerability only allows the monitoring and questioning of officials to judge their actions but does not
provide any deterrent to prevent a reoccurrence of the same misconduct. Accountability supplements such
monitoring with sanctions, thus reducing the chances of such misconduct being repeated.

The features of accountability are:

i. It is based on Directives in the form of LRR, orders etc.
ii. It is objective in nature- this makes it easy to identify violations and impose punishments.
iii. It travels downwards, implying that it depends upon the presence of a Superior - Subordinate
relationship.
iv. It is enforced by external agencies, individually and collectively.

The advantages of accountability are:

i. It ensures standardization and consistency in administrative actions.
ii. It prevents misuse of discretion and authority.
iii. It promotes compliance and obedience.
iv. It safeguards citizens from arbitrary administrative actions.

Administrative accountability can be enforced through mechanisms internal or external to administration.

The internal mechanisms are largely individual in nature and refer to the authority vested in an
administrative superior to transfer, order a departmental enquiry, suspend or dismiss from service, reduce
in rank, withhold increments or promotions, appraise performance etc.

The external mechanisms are enforced by four agencies and are used to enforce accountability
collectively upon an administrative system.

LEGISLATIVE EXECUTIVE JUDICIAL CITIZEN

Law making Delegated Judicial Review Elections
Legislation
Budgetary Control Expenditure Writ Jurisdiction Ombudsman
Tracking
Parliamentary Political direction Suits against Govt. Pressure groups
discussions
Parliamentary Monitoring Public Interest Public forums
Committees Litigation

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However, these measures, while essential, are not adequate. The limitations that arise in trying to enforce
accountability are:

1. A lack of time, expertise and resources for any single individual or institution to monitor the
countless field-level activities administration is involved in.
2. Accountability can consider the quantitative aspects of an action but not its qualitative
dimensions. In situations where discretion is involved, accountability is of limited value.
Therefore, it is easier to enforce accountability for goods but not for services.
3. Accountability is vulnerable to the risk of collusion between the service providers and those
who monitor their performance. In such circumstances, either appropriate justification is not
sought or appropriate penalties are not imposed.
4. In the absence of a superior-subordinate relationship, the imposition of penalties or
corrections becomes extremely difficult.

These limitations imply that accountability can improve the efficiency of a system but not necessarily its
effectiveness. This means that even though all the directives established by accountability may be
satisfied, the final result may still be unsatisfactory. Therefore, the quality of governance cannot be
meaningfully improved without self-regulation, institutional as well as individual.

Thus, ethical governance requires that accountability be more properly understood as the obligation of
those holding power to take responsibility for their actions. This responsibility comes by virtue of the
position that an individual occupies and adds a moral dimension to accountability.

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 ETHICS – 06 (Brijendra Singh)

WORK CULTURE

The basic features of a work culture are:

i) It is inherently abstract in nature. It is not codified or prescribed in the form of rules. Rather,
it shapes the perceptions of the employees through their experiences, observations and
interactions in the workplace.
ii) It is a reflection of the mentality of the employees and an indicator of the credibility and
reputation of an organisation. A good work culture inspires public trust in and respect for the
organisation.
iii) It creates a sense of identity for the employees, enabling them to understand the purpose of
their work as a whole, rather than only some of its aspects. This facilitates their commitment
to larger organisational objectives, rather than remaining restricted to individual self-interest
(salary, promotions, postings etc.).
iv) It determines the interpretation and implementation of LRR. LRR can only define what is
considered permitted or prohibited. However, it is the work culture that will determine how
discretionary powers are used to obey, ignore or violate LRR.

A strong work culture has a direct impact (not necessarily positive) on organisational functioning
because:

i) It influences the behaviours and attitudes of the employees. It helps individuals from different
backgrounds and at different levels in the organisation understand its core values and
objectives in a similar manner. As such, it exerts powerful influence over the conduct of the
employees in addition to, and sometimes even in opposition to, the formal rules.
ii) It acts as a substitute for formalization. A high degree of formalization ensures
standardisation but also makes the system rigid. A strong work culture achieves similar
consistency and since it does not depend upon any documentation, it reduces the need for
rules and direct supervision.
iii) It influences the organisation’s reputation, because the way employees feel about their work
and duties is reflected in how they deal with clients and other stakeholders.
iv) It has a direct impact on the service delivery standards of the organisation, because it
influences the motivation and engagement levels of the employees.

However, a strong culture does not necessarily mean a good culture. Many organizations tend to be
inefficient because of a strong but poor work culture. Such cultures often give rise to sub-cultures. This
refers to a situation where the organisation is fractured into smaller groups, each with a set of values or
behaviours different from the rest of the organisation. This leads to in-fighting, favouritism, cannibalism
of efforts, corruption, lack of accountability etc.

A strong but poor culture can severely damage organisational functioning and even its structure. More
importantly, it is hard to change or even challenge a strong culture. This makes it critical to ensure that
organisations create, nurture and sustain ethical work cultures.

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FEATURES OF ADMINISTRATIVE WORK CULTURE

The basic features of an administrative work culture are:

1. Level of discretion, the extent to which an individual is given independence and autonomy in
interpreting and implementing LRR.
2. People orientation, the extent to which larger public interest is taken into consideration in a
decision.
3. Outcome orientation, the balance between the outcomes and the processes to achieve these
outcomes.
4. Mechanisms of control, the number and potency of supervisory elements that regulate an
administrative action.
5. Sense of identity, the extent to which an individual identifies with the work as a whole rather
than only with some of its domains.
6. Recognition of merit, the extent to which merit would be rewarded or non-performance
would be tolerated.
7. Communication patterns, the extent to which inter and intra-organisational communication
channels are open or restricted.

These features lead to the following distinctive characteristics of the administrative work culture in India:

1. Discretionary powers are misused for personal gains but are rarely used for public welfare.
Tendency to avoid decision making. The emphasis is on personal relations rather than
professional obligations.
2. Feudal, self-serving mindset, with little regard for public concerns. Personal aspirations take
precedence over public interest. Lack of a humane approach towards any visitor to a govt.
office. Inaccessibility of officials at all levels to individual citizens.
3. Compliance with rules and procedures is given undue importance. This leads to excessive
red-tapism and a resistance to change, which causes avoidable delays and makes the
organization insensitive to human problems and contingencies.
4. Multiple supervisory agencies make it difficult to accurately assess how a task should be
executed. Further, the risk of failure and criticism inhibits innovation.
5. Lack of belief in the importance of one’s work or even the value of hard work itself. Many
employees feel powerless against the system.
6. Rewards and punishment are determined by patronage and nepotism rather than merit.
Superiors expect loyalty to themselves rather than to the work. Non-performance is further
encouraged by the principle of seniority and the presence of regulatory safeguards which
make it difficult to impose penalties. Undue support to spectacular schemes proposed by
political leadership, which are mostly populist and fail to create an impact at the grassroot
level.
7. Closed communication patterns, with limited public contact and even lesser action on public
suggestions. Rigid hierarchy within the organisation, with a dismissive attitude towards
subordinates. Absence of effective team-work. Chronic delays and a tendency to avoid
decision making. Time consuming meetings/discussions with ministers and high officials
which are mostly unproductive.

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INFLUENCES ON ADMINISTRATIVE CULTURE IN INDIA

The work culture of an administrative system is influenced by mechanisms internal as well as external to
its framework. The internal mechanisms operate through the rules and procedures that establish the
organisational structure as well as through the individuals who are authorized to interpret and implement
such provisions.

The external mechanisms operate through the interactions of an administrative system with members of
society, the political class and the judiciary. Each such interaction affects different dimensions of the
administrative work culture in varying degrees.

SOCIETAL INFLUENCES ON ADMINISTRATIVE CULTURE IN INDIA

There are three prominent factors that affect the values of a society’s members and correspondingly,
affect the administrative culture:

1. POWER DISTANCE

This refers to the degree to which the less powerful members of a society accept and expect that
power is distributed unequally. Indian society has a high degree of power distance, which means that
people accept the given social hierarchical order, in which everybody has a place and which needs no
further justification.

This leads to a deification of authority, which refers to a system where legal-rational authority is
ignored and some individuals exercise arbitrary and unregulated powers. This elite group, without
even holding any formal position of authority, can exert considerable influence on the system.

The tendency to deify authority promotes irrational loyalty towards some individuals, often at the
expense of public welfare. The impact on admn. culture includes many behaviours such as:

i) Dependence on the superior or the power holder for direction.

ii) Revering and blindly obeying the superiors, but ill-treating and disregarding the
subordinates.
iii) Employees expect to be clearly directed about their functions and what is expected of
them.
iv) Power is centralized, even though it may not appear to be so. Superiors expect
unquestioning obedience from subordinates.
v) Communication is top down and directive in nature. Negative feedback about superiors is
almost never shared with them.
vi) Promoting a “Code of Silence”, where any misbehaviours or malpractices by powerful
individuals are silently ignored rather than being confronted and corrected.

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 2. UNCERTAINTY AVOIDANCE

This refers to the extent to which the members of a society feel threatened by ambiguous or unknown
situations and have created beliefs and institutions that try to avoid these. Indian society has a low
degree of uncertainty avoidance, which means that there is acceptance of imperfection; nothing has to
be perfect nor has to go exactly as planned. The tendency is not to resolve problems but to keep them
within manageable limits-the emphasis is on adjustment rather than resolution.

The effects on administrative culture include:

i) Tendency to diffuse any prevailing tension by offering only temporary, ad hoc solutions.
ii) Focus is on the symptoms of the problem but adequate efforts are not made to address the
underlying causes. As a result, the same problem is bound to re-appear in the future, in a
far more complex form.
iii) Rules are perceived as a minor inconvenience to be circumvented, rather than obeyed.
Even where rules are obeyed, compliance is situation-specific; in other words, “show me
the person, I will show you the rule”.
iv) Individuals do not feel motivated to take initiatives and comfortably settle into
established roles without questioning.

3. INDIVIDUALISM/COLLECTIVISM

This refers to the degree of interdependence a society maintains among its members. In individualist
societies, people are supposed to look after themselves and their direct family only. In collectivist
societies, people belong to ‘in groups’ that take care of them in exchange for loyalty.

Indian society has both collectivistic and individualist traits. The collectivist side means that there is a
high preference for belonging to a larger social framework (family, religion, caste, state etc.) in which
individuals are expected to act in accordance with the greater good of one’s defined in-groups.
Individuals expect their social group to look after them, and in exchange they feel they owe absolute
loyalty to it. This promotes indifference and hostility towards other social groups. The individualist
side means that people believe that they are individually responsible for the way they lead their lives
and the consequences that follow.

The effects on administrative culture include:

i) Nepotism and favouritism.

ii) Narrow splinter groups that compete with each other instead of collaborating towards
common objectives.
iii) Effective team work becomes difficult to establish.
iv) Decisions related to career advancement (promotions, awards, assignment of duties etc.)
are made on the basis of inter-personal relationships rather than merit.

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POLITICAL INFLUENCES ON ADMINISTRATIVE CULTURE IN INDIA

i) Political direction can take the form of either intervention or interference. Political intervention
provides a bridge between the people and the administrative system, facilitating administration in better
understanding the concerns of the people. Political interference acts as a restraint upon administrative
functioning, making it difficult to focus on larger public interest and compelling administration to restrict
its actions towards the needs of only a select few.

Political interference makes administration vulnerable to politicisation. This dilutes the value neutrality of
administration and adversely affects its sense of identity, outcome orientation, control mechanisms and
merit recognition.

ii) When the political leadership is unwilling to assume responsibility for its actions, the same
responsibility is shifted upon administration. This damages bureaucratic anonymity and adversely affects
administrative discretion. Officers will be more reluctant to take initiatives and will often focus only on
procedural compliance.

iii) Legislative inertia leads to delays in the enactment of legislations necessary for dealing with
contemporary problems. Without a legal framework, administrative flexibility and responsiveness are
diminished.

JUDICIAL INFLUENCES ON ADMINISTRATIVE CULTURE IN INDIA

i) An over-burdened judiciary, with significant procedural delays, denies citizens access to justice. This
insulates administration from judicial control, magnifying its discretion on the one hand and reducing its
people orientation on the other. As a result, civil servants may feel that they are immune to judicial
control and increase their tendency to misuse their discretionary powers.

ii) Judicial interventions are intended to help administration identify crucial issues and prioritise its
objectives (judicial activism). However, when the same intervention distracts administrative efforts from
ongoing activities or is seen as a challenge to administrative expertise, it becomes undesirable (judicial
over-reach). This adversely affects the discretion, outcome orientation and sense of identity within
administration.

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 ETHICS-05 (Brijendra Singh)

Laws, rules and regulations suffer the following limitations:

1. The enactment of a law does not imply that what the law commands is morally justifiable. A law
may be enacted only to promote powerful vested interests or even social prejudices. For instance,
apartheid in South Africa, slavery in the USA and the Holocaust in Germany were permitted by
law but symbolised gross violations of basic human rights.

2. Laws are static and lack dynamism. They are enacted on the basis of past experiences and present
understanding. Therefore, unless they are periodically revised, they are bound to become out-dated
with the passage of time or a change in societal values. As such, they may not be very useful in
responding to changing needs or in addressing future problems e.g. social acceptability of Sec 377
of the IPC, the issue of age w.r.t. juvenile justice laws, the moral defensibility of capital
punishment etc.

3. There may be certain issues for which the given law is silent on certain aspects. Here, the presence
of a law by itself is not enough. The interpretation of the existing law becomes critical and requires
a certain degree of idealism. Such idealism arises not from the law itself but from the value systems
of those who have the authority to interpret the laws e.g. the interpretation of Art 352 and 356, Art
21 and the issues of suicide and euthanasia, the possible selective interpretation of Art 48 etc.

4. Laws only prescribe the moral minimum. As a result, citizens and officials often restrict their
efforts and focus only on procedural compliance, fulfilling just the minimum expected standards.
This may uphold the letter of the law but not necessarily its spirit.

5. Laws can always be amended, retrospectively or otherwise, to serve specific purposes. Therefore,
unless the lawmakers have a virtuous value system, any such changes may be questionable or even
detrimental to public welfare e.g. the 42nd Constitutional Amendment, Art 45, retrospective
amendments in taxation laws etc.

6. Laws can be used as an excuse to avoid ethical deliberation. When the legal and ethical dimensions
in a situation are not perfectly aligned, individuals prefer to obey the legal dimension but overlook
the ethical implications. This is so because violation of a law attracts material penalties while
overlooking an ethical dimension can produce only guilt or shame.

Thus, LRR are necessary but not sufficient for promoting ethical governance.

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PHILOSOPHICAL BASIS OF ADMINISTRATIVE ETHICS

Since LRR have certain limitations, the key issue in providing ethical governance involves a choice
between whether we should refine them further or whether we should supplement them with certain
additional elements. This issue is best considered by the two fundamental philosophical approaches to
administrative ethics, the Deontological and Teleological theories.

1. Deontological Theory
Advocates of this theory believe that it is possible to create objective and absolute standards for
assessing and regulating human actions. Therefore, they devote themselves towards discovering,
developing and refining such standards and codes e.g. the All India Services Conduct Rules,
Election Commission’s Model Code of Conduct etc.

2. Teleological Theory
Advocates of this theory believe that objective standards for moral conduct may not necessarily
exist. Therefore, they believe than an individual’s judgement in a particular situation constitutes the
primary criteria for determining what is right or wrong. This approach is also called “Situation
Ethics”, where the situation dictates what a person should or should not do.

In the context of governance, both approaches operate simultaneously. The dynamic nature of the
environment makes it necessary to provide individual autonomy while the risk of misuse of authority
creates the need for a well-defined and standardized framework. More importantly, both approaches
ultimately depend upon the individual. This is so because even if the deontological approach develops a
conclusive body of standards, it cannot guarantee that these standards will be followed, especially when
they are moral or non-justiciable in nature e.g. DPSP, Fundamental Duties etc.

The importance of the individual emphasises the significance of conscience. While laws and rules attempt
to administer ethical behaviour from outside an individual, conscience is a concept intrinsic to human
beings that helps them assess the morality of their actions.

CONSCIENCE

Conscience may be defined as the special act of the mind that comes into being when the intellect passes
judgement on the merit of a particular act. The basic features of conscience are:

1. It is not a feeling or an emotion but an intellectual decision.

2. It is a practical judgement made with regard to the morality of a specific action, past, present or
future.
3. It is wider in scope than the law since it helps interpret the law according to the situation and then
implement it in practice.
4. It is a reflection of an individual’s values system, influenced by his education, upbringing and
socialisation. As such, it is not rigid and is open to change, for better or for worse.
5. Although an individual’s conscience may be correct from his own perspective, it may not be
consistent with the collective conscience of others.

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The relevance of conscience becomes significant when we consider the static but binding nature of laws
and rules.

1. Conscience helps neutralize conflicts. In situations where the law is silent, the voice of
conscience assumes significance. This means that if there are no available or applicable laws, an
individual’s conscience will help recognize the ethical dimensions that are involved and thus
determine the most appropriate course of action.

2. Conscience keeps a system deontologically sound. When laws become outdated and require
renewal or repeal, conscience not only helps in recognizing the need to initiate the process but
also in progressing towards the most suitable form.

3. Conscience helps an individual maintain a balance between his rights and entitlements on the one
hand and his duties and responsibilities on the other. A decision influenced by a sound conscience
is not just confined to legal prerogatives but is also consistent with a comprehensive sense of duty
and responsibility.

Thus, conscience supplements the role of laws and rules in facilitating ethical governance. In the absence
of an appropriate conscience, one may adhere to the letter of the law but violate its spirit with impunity.
Paradoxically, however, it depends upon and also enhances the discretionary powers and judgement of an
individual. Thus, it becomes critical to ensure that we educate our conscience in accordance with our
duties and responsibilities.

NOTE: There may be situations where what the law prescribes is in conflict with the conscience of an
individual. Such a crisis of conscience is resolved by understanding that a law represents the collective
conscience of a nation. Therefore, the law shall prevail. However, it is incumbent upon every responsible
citizen to strive towards the amendment of any unjust law so that others do not have to suffer as they
might have.

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 Ethics-02 (Brijendra Singh)

The basic features of public administration are:

4. Impersonal Bureaucracy :
This implies a distinction between the person and the position that he holds. For the
bureaucrat, it ensures impartiality and detachment in dealing with his superiors,
subordinates, colleagues and citizens. For the system, it ensures a lack of bias since
decisions are taken on the basis of rationality and established rules rather than personal
sentiments.

5. External Financial Control: The finances of public administration are sanctioned and
regulated by the legislature. This ensures that not just the political executive but even the
Opposition (and the Rajya Sabha) can influence its actions.

6. Nature of functions: Public administration provides a comprehensive range of functions.

While the private sector provides services only where adequate returns are assured,
public administration provides any service which is considered vital for society.
However, some of the services provided by public administration may be monopolistic in
nature, making it difficult to bring about appropriate improvements in their quality.

7. Consistency of treatment: Since every citizen is treated as equal in a democratic welfare

state, public administration has to ensure that it is uniform and consistent in the execution
of its functions.

CONCEPT OF A PUBLIC SERVICE

In 1996, the UN adopted an ‘International Code of Conduct for Public Officials’ which refers to
a Public Service as the class and the tasks of officials who act as the delegates of the elected
officials. The elected representatives embody the legitimacy to define public interest while the
public service provides the expertise to ensure that public welfare is maximised.

The Code provided three basic tenets of a public service:

1. A public office is an office of trust, implying a duty to act in public interest. The ultimate
loyalty of public officials shall be to the public interests of their country, as expressed
through the democratic institutions of government.

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 2. Public officials shall be fair and impartial in the performance of their functions. They
shall not give any undue preferential treatment to anyone, improperly discriminate
against anyone or otherwise abuse the authority vested in them.

3. Public officials shall strive to perform their duties effectively and in accordance with the
law. They shall ensure that public resources are administered in the most efficient and
economical manner.

PUBLIC SERVICE VALUES

In the contemporary context, the roles and expectations from a public servant have become
increasingly complex. This can make it difficult to determine what would constitute public
welfare in a given situation. Thus, to assist them in maintaining consistency in their service
standards, public servants employ a wide range of values. The foundational values for a public
service are best exemplified by the Seven Principles of Public Life given by the Nolan
Committee (Standards in Public Life-1994).

1. Selflessness: act only in public interest, without seeking gain for oneself.
2. Integrity: resist outside influence in the performance of duties.
3. Objectivity: make choices on the basis of merit.
4. Accountability: must submit to whatever scrutiny is appropriate.
5. Openness: restrict information only when wider public interest demands so.
6. Honesty: declare any private interest related to public duties and resolve any conflicts
that arise.
7. Leadership: lead by example.

VALUE TOWARDS
Work Patriotism, Neutrality, Fortitude, Excellence, Perseverance,
Selflessness
People Empathy, Tolerance, Compassion, Humility, Courage,
Openness
Superiors Discipline, Obedience, Confidentiality, Self-Respect,
Frankness
Subordinates Guardianship, Team-spirit, Leadership, Respect, Motivation

However, there can always be differing interpretations regarding which values are most
important in a given situation. Thus, identifying the appropriate values and knowing when to
prioritise one over another becomes critical. This is facilitated by understanding that the foremost
task of a public servant is dedication to public service.

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DEDICATION TO PUBLIC SERVICE

In a general sense, dedication is the quality of being able to give or apply one’s time, resources,
attention or self entirely to a particular activity, cause or objective. It reflects a sense of deep-
rooted commitment to devote oneself towards such a cause.

But while commitment suggests that one is bound or obligated through a formal agreement
(rules, orders, procedures etc.), dedication is inspired by a sense of duty and responsibility. This
implies that even if there is no formal agreement, the individual will remain devoted towards the
task. This produces significant motivation within an individual towards achieving his goals and
magnifies the extent of measures he would take to achieve them.

Dedication to public service reflects a similar sense of devotion by internalizing within oneself
the ideals of public welfare. This ensures that the public servant remains motivated even if the
task assigned to him is tedious, difficult or hostile. It keeps the officer immune to hardships and
temptations, deriving satisfaction from effective fulfilment of the task itself.

An officer who is genuinely dedicated to public service:

i) is willing to go beyond the call of duty.
ii) places public welfare above his own interest or even safety.
iii) seeks neither rewards nor recognition for his efforts.

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 ETHICS-04 (Brijendra Singh)

ELEMENTS IN ETHICAL GOVERNANCE

Ethical governance involves a synergy and coordination between 4 elements:

i) An enabling Organisational Structure.

ii) A positive Organisational Culture.
iii) Individuals with integrity.
iv) A cooperative Society.

Since an institution can regulate its members by enforcing rules, the simplest way to promote ethical
values is through changes in the organizational structure. Thus, the primary focus of an organisation is a
strong structure, which is reflected in the establishment of hierarchical relationships, delegation of
authority, degree of specialisation, span of control etc.

From the perspective of ethical governance, two dimensions deserve special attention:

i) Formalization, which refers to the extent to which an individual’s role is defined by formal
documentation. A high degree of formalization ensures standardisation but can also make the system
rigid and unresponsive to environmental changes. This makes it important to provide discretion to
the officers. However, it is this very discretion that can lead to misuse of authority.

ii) Centralization, which refers to the extent to which decision making is concentrated at a single-
point in the organisation. A high degree of centralization promotes uniformity and makes it easy to
diffuse the desired values across the system. However, it also makes the decision making process
lengthy, resulting in delays and creating more scope for misuse of discretion. On the other hand, a
high degree of de-centralisation can make it difficult to establish consensus.

* Formalisation has a strong correlation with the Organisational Culture- the more positive the culture,
the lesser the need for rules. Centralisation has a similar correlation with Societal thinking and
capabilities- the better the social character, the easier it becomes to decentralize.

The structure of an organisation is always intended to reflect ethical principles and concern for public
welfare. However, the extent to which it functions effectively and evolves judiciously is determined by
the culture of the organisation.

Organisational culture refers to the common understanding among an organisation’s members regarding
its values and objectives. When this understanding is the same among all members and oriented towards
public welfare, the culture is said to be strong and positive. Although all members can contribute to such
an understanding, an individual’s influence upon the work culture increases as his position in the
hierarchy rises. This is why it is said that with greater power comes greater responsibility.

Since individuals exert significant influence upon work culture and have a direct role to play in
determining its structure too, the personal attributes of these individuals become critical. Such attributes

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are a product of influences upon them from their families, society, peer groups etc. This highlights the
importance of good child rearing practices, education, socialisation, role models etc.

Finally, since all individuals are a part of society, societal influences on their conduct and, through them,
on the culture and structure of an organisation are inevitable. Thus, unless societal thinking is aligned
with and reinforces the vision of the State, any attempts to promote ethical values would not be
meaningful or lasting.

Thus, it is critical for the four elements to mutually reinforce and complement each other.

STATUS OF ETHICS IN PUBLIC ADMINISTRATION

Public Administration is a custodian of public resources and trust. Since it is conceptualized to promote
public welfare on a permanent basis, ethical considerations should be a high priority for administrators.
Unfortunately, ethics are often disregarded by administration and their importance realized only after
there has been a serious ethical lapse. The basic concerns are:

i) Practicality is considered antithetical to morality.

ii) Short-term benefits take precedence over long-term impact.
iii) Economics takes precedence over ethics.
iv) Efficiency, outputs & proficiency take precedence over effectiveness, outcomes & integrity.
v) Rights & entitlements take precedence over responsibilities and duties.

An ideal system would be one where these five concerns are reversed. To achieve such a reversal in the
mindset of the individuals, the most critical element is to understand that practicality is NOT antithetical
to morality. In fact, it is only by being morally principled that we can ensure continuing, lasting benefits
for all, including ourselves. This understanding is realised by considering the following factors:

i) Every human being has a tendency to maximize his own benefits. But unless he considers the
impact of his decisions on the welfare of others, such decisions will only cannibalize his own
welfare, because others similarly would only focus on their individual welfare.
ii) It is only when a person, institution or nation adopts a principled stand to willingly share the
burdens and benefits that their decisions would be sustainable.

Therefore, the good of the individual is contained in the good of all. As such, the status of ethics in an
administrative system can be assessed through its ability to establish a balance between three important
parameters:

1. The balance between Objectivity and Subjectivity:

Each decision involves a combination of objective and subjective elements. Objective criteria are
quantitative and measurable in nature, such as economic criteria, laws and rules, availability of time etc.
Subjective criteria are qualitative in nature and depend upon personal judgement, such as values,
discretionary powers, the interpretation of circumstances, etc.

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Objectivity ensures standardisation but as objective criteria are increased, the system becomes rigid.
Flexibility can be ensured by providing officers with discretionary powers but this creates the risk of
misuse of authority. This reinforces the importance of officers with a strong and virtuous value system
and a genuine desire to serve the public.

2. The balance between Means & Ends:

Each decision involves value premises and factual premises. With regard to public administration, both
premises are provided by the public as well as by administration.

Since the people are the ultimate sovereign, the ends/objectives of a decision are determined by the value
premises of the public. Since administration has more expertise, the means/mechanisms to achieve the
objectives are determined according to the facts provided by administration. If administrative officers
cannot understand and address (promote or suppress) public values, the decision is unlikely to create
meaningful welfare.

To accurately understand public values, officers must have a strong and virtuous value system
themselves. Unfortunately, administrators often adopt a myopic attitude that considers either only the
facts or only the values. The former situation is termed means-ends reversal, while the latter refers to
populist and impractical decisions.

3. The balance between Personal & Collective Welfare:

Each decision not only affects personal welfare but also has an impact on collective welfare. This makes
it important for a person to adopt a selfless and caring attitude, where he focuses not just on his rights but
also his duties. Ideally, duty should come before self.

Within administration, the system usually facilitates the realisation of personal aspirations alongwith the
fulfilment of professional duties. In situations where a perfect alignment is not possible, it is expected that
an officer places his professional responsibilities at first priority. The critical challenges emerge in
situations which have increased autonomy and authority or where temptations and hardships become
visibly compelling.

PROBLEMS OF ETHICS IN PUBLIC ADMINISTRATION

Ethical concerns are often disregarded by administration. However, the responsibility for such lapses does
not lie only with administrative officers but also with the agencies that influence their perceptions and
actions.

As such, the problems of ethics in public administration include:

1. A lack of ethical literacy, which refers to an inability to fully understand the complex ethical
issues involved in a situation and results in a mechanical, rule-bound approach to problem solving.

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 This is especially problematic in situations where officers do not have a good understanding of factors
that influence the environment, such as the local history, culture, language, customs etc.

2. Societal pressures, which refer to the irrational and unreasonable demands made upon officers by
their families, peers and even members of the public at large. This is further compounded by the poor
and narrow value system displayed by society, as evident from growing prejudices, intolerance,
stereotyping etc.

3. While political intervention helps an officer determine public needs more judiciously, political
interference refers to the creation of circumstances where, despite wanting to act in a different manner,
an officer is compelled to ratify a poor decision. Such political interference is hard to resist because of
subjectivity in performance appraisals and a lack of security of tenure. Thus, it pressurises officers to
become inclined towards even inappropriate orders. Compliant officers enjoy political patronage and
privileges while honest officers suffer feelings of helplessness and a lack of purpose.

4. Constant scrutiny on administrative actions, through increased public participation, information

sharing and the introduction of ICT platforms, makes many officers reluctant to innovate or take risks.
This is so because risk-taking is inherently failure prone and subject to criticism and adverse
professional consequences. Such tendencies are further strengthened by the principle of seniority in
determining career progression as well as the absence of adequate recognition/rewards for risk-taking
behaviour.

5. The discretionary powers of administrators place them in the unique position where they frame
the rules to govern themselves. They not only formulate but also implement and, in some cases, even
adjudicate upon policies. This makes it difficult to enforce accountability and necessitates self-
regulation.

6. A lack of organised public opinion against administrative deficiencies makes it difficult to correct
and prevent official misconduct. This is further aggravated by a lack of awareness among the people
about their entitlements and the absence of institutionalized grievance redressal mechanisms.

In the Indian context, administrative values have changed significantly over the last few decades. Post-
independence, administrators had an almost paternalistic attitude towards the public. In contrast, today’s
administration is characterised by a growing sense of insecurity, reinforced by the belief of “each man for
himself”. Apart from the increasing complexities and expectations from an administrative office, the
reasons for the decline in public service values are:

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 1. The public office has acquired a feudal character and is viewed as a personal space for fulfilling
private agendas. A genuine desire to serve the public is often replaced by an overpowering ambition
for self-advancement. This leads to a culture of opportunism, with officers displaying an unlimited
capacity for self-abasement in expectation of political patronage.

2. Contact with the public and the field administration has become very limited and has increasingly
shifted towards the political class. The culture of field trips and touring has been replaced by
conferences and committees. This has made the civil servant vulnerable and even dependant on the
politician, who is often better informed.

3. The Constitutional and institutional securities that are intended to protect honest officers are often
misused to give undue immunity to dishonest officers. Further, officers misinterpret the principle of
seniority and assume that experience should supersede merit.

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 Case Studies – Answers (Brijendra Singh)

Case No. 1

Cheating is immoral, unethical and illegal. Hence, it is my duty to ensure that my friend does not
cheat any more. Moreover, since he has already cheated a lot, his actions must be reported to the
invigilator immediately.

I certainly cannot ignore the matter, since that would amount to abetting an offence that gives my
friend an unfair advantage over all the other candidates in the exam. It is the duty of the
invigilator to prevent students from cheating, but the responsibility has to be shared by everyone
in the exam hall, including the students. Ignoring the matter would be similar to not reporting a
theft merely because it is the policeman’s duty to stop it.

Similarly, if our friendship is worth preserving, it will not only survive but should become
stronger. My friend will understand that by reporting him, I am trying to ensure his welfare
above all else. In the short-term, I am saving him from potential punishment and disgrace. In the
long-term, I am ensuring that such tendencies do not become a habit for him. A case in point is
the friendship of Karna and Duryodhana in the epic Mahabharata. Despite recognising that
Duryodhana was wrong, Karna supported him blindly, merely because they were good friends.
This tacit approval led to the destruction of an entire dynasty.

Hence, I would certainly report the matter. However, after the exam, I would explain my reasons
to my friend and assure him that I stand by him, to help him in any manner possible, be it
academic or financial.

(260 words)

Case No. 2

My duty as the Quality Control Officer is to maintain the integrity of the acquisition process.
What my friend is proposing amounts to a dereliction of my duties. Hence, I would certainly
refuse his offer.

I would justify my stand by considering the following factors:

i) Accepting his offer would signify favouritism and imply a misuse of the discretionary powers
vested in me. This is not only discriminatory towards other companies but can also cause a
potential breach in national security.

ii) If the quality and pricing of his company’s instruments is better than any of the competitors,
he should not even need my intervention. He should be able to secure the orders on merit in the
open bidding process.

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iii) This is not an opportunity to compromise on my principles and professional ethics but to help
my friend realise the error of his ways and, if possible, to correct him.

If my friend respects my point of view, I would let him off with a warning to not repeat such
behaviour in the future. If he persists further, I would have no option but to have him booked for
trying to bribe a govt. official.

Further, even after he withdraws his offer to me, I would enquire if the information about the
govt. signing the defence procurement deal is available in public domain. If not, I would
recommend an investigation into the same, to ensure that his company hasn’t corrupted any other
officials.

(245 words)

Case No. 3

The case involves a conflict between Ram’s duties towards his family on the hand and towards a
fellow human being on the other. Ram must certainly do his duty as a good human being and
help the victim. It is not an easy decision to take, especially when his family’s fortunes depend
upon his employment. But it is vital that Ram remembers the following:

i) The Golden Principle in ethics, which commands that we should do for others what
we expect them to do for us. If Ram was the victim, would he not expect to be
helped?
ii) Even if he secures the job offer, he will never be able to erase the guilt of having built
his career at the expense of someone’s life.
iii) Even if he leaves the victim behind, he will not be able to do well in the interview,
knowing that someone he could have saved is on the verge of dying.
iv) Clearing the interview is not certain, but the victim will surely die without help.

Further, Ram must realise that whoever is conducting the interview would recognise that by
showing this willingness to sacrifice his personal welfare for a stranger, Ram has provided a
better testament to his character than any interview can possibly assess. This very action makes
him an ideal member of any team or organisation.

Finally, should the firm reject his candidature despite knowing about the reason, Ram can take
solace in the fact that he would not have been at peace working in a firm where even such
fundamental humanitarian values are not appreciated.

(265 words)

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Case No. 4

My duty as Principal of the college is to maintain its reputation and educational quality, which
depends upon the quality of its professors. The request by the PS amounts to a quid pro quo,
making the release of the funds contingent upon an unfair intervention in the selection process.

The options available to me are:

i) Accede to the PS’s request, since the funds would ensure the greater good of the
institute.
ii) Deny his request and risk further delay in the release of funds.
iii) Approach other functionaries and seek their intervention.

The easiest option is to accede to the request. But this is potentially disastrous because:

i) It is a slippery slope, as it sets a poor precedent. Such requests will become more
frequent in the future.
ii) It would dishearten other professors who have earned their posts by dint of hard
work.
iii) It jeopardizes the future of the students, if the professor is not competent.

Therefore, I would uphold the integrity of the process and not entertain this request. However, I
would assure the PS that this candidate would be given a fair chance like all others. If he does
not get selected, I can offer to personally assist him in preparing better for future interviews.

If the PS threatens me with unreasonable impediments in the allocation of funds, I would

approach the Cabinet Minister and request him to stop such arm-twisting tactics.

If even this does not work, I will have to take formal recourse through appropriate legal and
institutional channels. There is a likelihood that the funds may be delayed, but they certainly
cannot be denied.

(270 words)

Case No. 5

The case involves an apparent conflict between Ms. A’s professional duties towards her
company on the one hand and her fiduciary duties towards the public at large on the other.
However, the conflict can be resolved by recognising that public welfare should always take first
priority. Hence, she must report the matter to the authorities.

Ms. A may have apprehensions about this decision if she considers the impact on the company’s
financial health and the implications for her family if she is fired. She may even try to downplay

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the potential adverse effects of the waste discharge to justify her fears. But then she should also
keep in the mind the case of Union Carbide in Bhopal, where the company’s failure to address
visible symptoms led to the largest industrial disaster the world has ever seen.

Therefore, she must understand that the company’s reasoning regarding the costs of a proper
waste disposal mechanism is flawed: in a trade-off between environment and money,
environment should always come first. On a personal level, she must have the moral courage to
do what she knows to be right-silence on her part would make her an equally guilty accomplice
to any environmental and human costs that may arise.

Further, any apprehensions she may have regarding her job can be addressed by suggesting cost-
effective waste disposal systems to the management. Finally, even if the management disregards
her suggestions and fires her, she can always seek employment in another firm rather than
continuing to work in a firm where she is bound to suffer cognitive dissonance because of the
mismatch between her personal values and the company’s values.
(270 words)

Case No. 6

The most important human right is the right to life. It is indeed our collective failure that we have
not been able to ensure quality medical care across society. Legally, we can punish the boy for
stealing the drugs but morally, we are then punishing him twice, since to begin with he is a
victim first.
The boy’s ‘stealing’ the life-saving drugs can certainly be considered illegal but it may not be
immoral in the true sense of the term. Stealing can be considered as immoral when:
i) the principal motive is greed, envy or arrogance.
ii) the act is primarily voluntary in nature, that is out of choice.
But in the given case, the boy’s act at the level of thought is not motivated by any ignoble intent
but with love and respect for human life. Hence, characterizing it as immorality may not be
prudent.
Since he has already committed the theft, the boy must hold himself legally liable for the act. He
should confess to the chemist and let the chemist decide whether to allow him time to repay for
the medicine or report him to the law enforcing authorities.
Ideally, the chemist would be expected empathize with the boy’s predicament and “hate the sin
rather than the sinner”. Since the boy stole because of compelling circumstances, it is important
to give him a chance to repent for the same rather than merely punishing him. As such, the
chemist should allow the boy a chance to repay for the medicine, in cash or in kind.
(255 words)

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Case No. 7

The case involves a conflict of duties for the couple, towards the father and towards the daughter.
The family faces a constraint of finances, making it difficult to do justice to one duty without
compromising on the other. Therefore, it is not possible to prioritise one over the other. Rather,
the couple must display sound emotional control and balance their duties towards both
individuals.

Compelling arguments can be made in favour of both sides. The father has a legitimate claim to
the family’s attention and financial resources, since he has raised, educated and nurtured the
husband. However, it is not certain how long he would stay in the coma or whether he would
ever recover from it. If the family income is drained for his treatment without any meaningful
improvement in his condition, it may seem unfair to have denied the daughter access to the same
resources, which she could have used more beneficially.

On the other hand, choosing the daughter may enable the couple to fulfil their filial duties. But
this not only amounts to unjust behaviour towards the father, it also sets a poor example for the
daughter. Implicitly, she is being taught that our elders are not a priority for us. Such poor
socialisation is likely to damage her personality development.

Therefore, the family must try to balance their duties towards both. For this, they should strive to
augment their finances in a variety of ways such as seeking alternate employment, cutting their
expenses, applying for an educational loan or a scholarship etc.
(255 words)

Case No. 8

The case involves a violation of the chain of command by the Tehsildars to complain against the
misbehaviour of their immediate superior. Such a violation can be permitted in extenuating
circumstances, provided the complaint is true. Since the allegation has not been verified, my
objective as the DM is to enquire into its veracity before taking any action and simultaneously,
ensure the smooth functioning of the district administration.

All the given options have the same advantages- swift action and an seemingly prompt
resolution. However, they also have a common limitation- imposing a punishment without
establishing who is guilty. Therefore, I would begin by first asking the SDM concerned why
these allegations have surfaced. If he admits to misbehaviour, I can enforce a proportionate
penalty, whether a transfer or suspension.

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If he maintains that he is innocent, I would look into the service records of all these officials and
consult my colleagues to ascertain whether any such matter has been reported earlier. If even
these efforts remain inconclusive, I would have to constitute an enquiry committee.

While the committee is investigating, there is a possibility that the Tehsildars may repeat their
concerns of being unable to continue working. In such a situation, I would sternly remind them
that they are govt. officers and so, they must be professional in their behaviour. Till the
investigation is completed, they should coordinate and cooperate with the SDM for the greater
good of the general public.

Finally, I would also take steps in the future to improve the work culture and ensure that such
animosity between officials does not happen again.
(265 words)

Case No. 9

The case involves a serious, but unverified, allegation against a senior doctor. It also signifies a
poor work culture with the staff threating to strike during an epidemic. Thus, as the Director, my
twin objectives in this case are to firstly, determine the cause of the tragedy in an unbiased
manner and secondly, to ensure the readiness of the hospital to deal with the epidemic.

All the given options have the same apparent advantages- swift resolution and prevention of the
strike. However, they also have the following limitations:
i) As a cardiologist, I do not possess the required expertise in gynaecology. Further, my
personal involvement may create the suspicion of a bias.
ii) Taking penal action without verifying the cause would be unjust to the doctor and
would increase the possibility of a strike.
iii) Dismissing the family’s concerns indicates partiality towards my staff, raises the
suspicion of bias and increases the risk of malpractices in the future.

Therefore, I would begin by first meeting the doctor concerned and ask him to shed light on the
incident. If he admits to having erred, I can enforce the appropriate penalty and also ask him to
restrain the staff from going on strike.

If the meeting with him remains inconclusive, I would have to constitute an enquiry committee.
To ensure its fairness, it would be composed of experts who are not working in this hospital. The
committee would be asked to conduct its investigation in a time-bound manner. If it is judicious,
an autoposy could be used as prima facie evidence to fast-track the enquiry. Simultaneously, I
would use the constitution of the committee as an opportune moment to persuade the family to

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accept the body for the last rites, assuring them that due diligence is being maintained in its
working.

Finally, I would also take steps in the future to improve the work culture and ensure that such
insubordinate behaviour by the staff is not repeated.
(310 words)

Case No. 10

My objective as the DM is to resolve the traffic problems in a time-bound manner, while

simultaneously ensuring that public order is not disrupted.

Some options to handle the roundel with the temple are:

i) Relocating the temple at the govt.’s expense.
ii) Alternate traffic infrastructure, such as a flyover or a road diversion.
iii) Deploying armed personnel to curb any agitations during the demolition.

Although appealing, none of these options is financially prudent, timely or a good precedent.

Since the temple has no archaeological value and is an encroachment on public land, I would
respect the recommendations of the expert committee and begin with the demolition. I would
begin by issuing a public notice specifying the date of demolition and inviting any objections
towards the same. If there is no resistance, I would proceed with the demolition.

If the perceived resistance seems strong, I would identify those who are most vocal in their
resistance and focus my authority on them. I would tell them that I am willing to show leniency
for encroaching on public land if they demolish/relocate the temple voluntarily.

If they do not agree, I would use the CM’s political influence to persuade them and also
incentivise their cooperation, for instance by giving subsidised land, funds for construction etc. If
the resistance still does not abate, I would have no option but to consider alternate traffic
infrastructure. This would impose a financial burden on the State and set a poor precedent, but is
the only remaining option to maintain public safety.

Finally, I would ensure that any similar illegal encroachments in the city are identified and
addressed in time in the future.
(275 words)

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Case No. 11

I would tell my friend that keeping quiet in these circumstances is not only morally wrong but
also amounts to a dereliction of duties, given that any damage to the flyover could cost precious
human lives. I would advice him not to keep quiet because:

i) It amounts to a violation of public trust, since he is knowingly placing their lives

at risk.
ii) It reflects moral corruption, since any such action would be in expectation of
career benefits for himself.
iii) It is vital to enforce accountability on the superior, since there may be other
projects that have been similarly compromised- due diligence must be ensured
there too, which can be initiated only when this serious error is reported.

Thus, I would advice him to begin by explaining to his superior that no damage has been done so
far. At the moment, it is only a design flaw, which can be rectified with the investment of time
and money. The superior may earn a reprimand or penalty from the company. But any such
punishment would be considerably mild compared to the punishment he can expect if the flyover
collapses and people die. Further, admitting that he erred right now may earn him leniency in any
disciplinary proceeding, but wilful deception is likely to increase the nature of penalties.

If the superior refuses to cooperate or attempts to threaten my friend, I would advice him to
approach the superior’s superior with the facts and ask him to intervene. If he faces opposition
from the firm’s senior management too, he has the option of bringing the matter to the attention
of the concerned govt authorities and seeking corrective action.

(275 words)
Case No. 12

My objective in these circumstances is not to win an election but to use my position to guide
society in the right direction. It is vital for the people to understand that an eye for an eye will
only make the world blind. Justice, not revenge, is the need of the hour.

Therefore, I would use public meetings, social media, the support of my fellow-politicians and
eminent personalities etc. to raise the following points:

i) The punishment for the sins of an individual cannot be imposed upon his family.
They will suffer in a personal capacity from the shame of being related to such a
person. But they cannot be punished by society or State for a crime of which they
neither knew anything nor were a part.
ii) The State will punish the man in the strictest form possible. But society must
enable the family to introspect upon the pain this man has caused to others and to
think about how this may have been avoided. Such reflections, if shared, will

Page 8 of 9

 benefit not just the family but also societal understandings of crimes and their
prevention.
iii) Retribution and excommunication will only alienate the family from the
mainstream. This is likely to create resentment towards society, which will lead to
worse problems in the future.

It will not be easy for me to put my point across to the people, especially in their present angry
state. I am likely to face strong opposition which may even lead to an electoral defeat. But it is
only by disagreeing with these unreasonable demands and trying to correct them that I can do
justice to my duty of providing lasting public welfare.

(275 words)

Case No. 13

The case involves a trade-off between economic feasibility and environmental responsibility.
Ideally, it is environment that should take first priority. But the decision should not create an
impression of the administration being held hostage to the threats of the environmentalists.

The easiest options available to me are to either concede to their demands or to dismiss them
instantly. The state does have the resources and authority to justify either decision but neither
decision would be prudent. The first represents a waste of public resources while the second
entails the use of force against well-meaning citizens.

Therefore, I would begin by leveraging the advantage of time that I possess in this case. Since
construction on the line will commence after 5 years, I will assure the environmentalists that the
Metro Corporation will constitute a special unit to assess and minimize the environmental
damage. This unit would:

i) Maintain regular consultations with environmental experts.

ii) Coordinate with the technical divisions to minimize the felling of trees by re-
drawing the plans to the largest extent possible.
iii) Partner with citizen groups and educational institutions across the city to promote
afforestation drives.
iv) Conduct periodic social audits to assess the impact of the developments.

Such steps would minimize the environmental damage as well as the financial burden upon the
exchequer. I would request the environmentalists to repose trust in the state and cooperate with
us for a period of just one year. Upon completion of this term, if they are not satisfied with our
efforts, we would reconsider their concerns.

(255 words)

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Ethical Dilemmas
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