“A mere compliance with law is not enough, the public servant also has to have a well-developed sensibility to ethical issues for effective discharge of duties” Do you agree? Explain with the help of two examples where (i) an act is ethically right, but not legally and (ii) an act is legally right, but not ethically.
“A mere compliance with law is not enough, the public servant also has to have a well-developed sensibility to ethical issues for effective discharge of duties” Do you agree? Explain with the help of two examples where (i) an act is ethically right, but not legally and (ii) an act is legally right, but not ethically.
Transparency and accountability mechanisms like RTI Act 2005, media scrutiny, and judicial activism represent Rawlsian principles of justice, ensuring government functions serve public interest while embodying Gandhian ideals of Swaraj through informed citizenry.
Analysis of Transparency and Accountability Mechanisms
• Democratic Empowerment: RTI Act has enabled citizens to access government information, with over 6 million applications filed annually, exemplifying participatory democracy and Kantian categorical imperative of treating citizens as ends.
• Corruption Reduction: Media activism in cases like 2G spectrum scam and coal allocation irregularities demonstrates utilitarian benefits of transparency in maximizing public welfare through exposure of malfeasance.
• Judicial Oversight: PIL mechanism and judicial activism in environmental cases like Ganga cleaning reflect Aristotelian concept of justice, ensuring executive accountability to constitutional principles.
• Institutional Strengthening: Central Information Commission and State Information Commissions create checks and balances, embodying Montesquieu's separation of powers theory for effective governance.
• Public Awareness: Social audits under MGNREGA and Right to Education Act demonstrate Ambedkarian vision of informed citizenship challenging traditional power structures.
Misuse of Transparency Mechanisms
• Frivolous Applications: RTI misuse for personal vendettas or commercial purposes, with studies showing 30% applications being vexatious, violating dharmic principle of righteous conduct.
• Media Sensationalism: Trial by media in cases like Aarushi murder case demonstrates consequentialist concerns where pursuit of TRP compromises natural justice principles.
• Judicial Overreach: Collegium system criticism and administrative decisions being questioned excessively reflect tension between accountability and separation of powers.
• Information Overload: Bureaucratic burden of responding to RTI queries, with some departments receiving thousands of applications monthly, affecting administrative efficiency.
• Privacy Violations: Personal information disclosure through RTI misuse violates Article 21 privacy rights, creating ethical dilemmas between transparency and individual dignity.
Decision Paralysis Among Officers
• Risk Aversion: Civil servants avoiding innovative decisions due to fear of vigilance inquiries, exemplified by file noting culture where officers seek multiple approvals for routine matters.
• Delayed Implementation: Policy execution suffering due to over-cautious approach, as seen in infrastructure projects where environmental clearances face excessive scrutiny leading to cost escalations.
• Innovation Deficit: Administrative creativity declining as officers prefer status quo over transformative initiatives, contradicting Kautilyan principles of decisive governance.
• Morale Impact: Honest officers feeling demoralized when legitimate decisions face post-facto questioning, affecting public service motivation and organizational effectiveness.
• Accountability Confusion: Unclear boundaries between legitimate scrutiny and harassment creating ethical dilemmas for conscientious administrators.
Resolving the Dichotomy
• Balanced Framework: Implementing protection mechanisms for bona fide decisions while maintaining accountability standards, following Aristotelian golden mean between transparency and administrative efficiency.
• Clear Guidelines: Central Vigilance Commission issuing comprehensive guidelines distinguishing between corruption and honest mistakes, providing legal protection for good faith decisions.
• Time-bound Processes: RTI amendments ensuring frivolous applications are penalized while genuine requests receive priority processing, optimizing resource utilization.
• Capacity Building: Training programs for civil servants on ethical decision-making under transparency regimes, incorporating case studies and best practices.
• Institutional Reforms: Lokpal implementation and grievance redressal mechanisms providing structured channels for accountability while protecting honest officers.
Minimizing Negative Impacts
• Legislative Safeguards: Whistleblower Protection Act and amendments to RTI Act preventing misuse while encouraging legitimate transparency, balancing individual rights with public interest.
• Technology Integration: Digital platforms for RTI applications with AI-based filtering to identify frivolous requests, improving efficiency and reducing administrative burden.
• Performance Metrics: Outcome-based evaluation rather than process-oriented scrutiny, encouraging results-driven governance while maintaining ethical standards.
• Media Ethics: Press Council guidelines and self-regulation mechanisms ensuring responsible journalism that informs rather than sensationalizes, upholding professional integrity.
• Citizen Education: Awareness campaigns about responsible use of transparency tools, fostering civic consciousness aligned with constitutional values.
**Resolving this dichotomy requires embracing Gandhian synthesis of means and ends, where transparency mechanisms serve democratic governance without paralyzing administration. Constitutional morality demands balanced approach protecting both public accountability and administrative effectiveness for sustainable governance.
Answer Length
Model answers may exceed the word limit for better clarity and depth. Use them as a guide, but always frame your final answer within the exam’s prescribed limit.
In just 60 sec
Evaluate your handwritten answer
- Get detailed feedback
- Model Answer after evaluation
Model Answers by Subject
Crack UPSC with your
Personal AI Mentor
An AI-powered ecosystem to learn, practice, and evaluate with discipline

