“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.
Legal compliance represents the minimum threshold for public service, while ethical sensibility encompasses moral reasoning beyond statutory requirements. Aristotle's virtue ethics and Gandhi's satyagraha emphasize that true public service demands moral courage to act righteously even when law permits otherwise.
Agreement with the Assertion
• Ethical Leadership Beyond Legal Boundaries: Public servants must demonstrate moral imagination to address complex governance challenges where laws may be inadequate or outdated.
• Public Trust and Legitimacy: Weber's bureaucratic theory emphasizes that administrative legitimacy stems from both legal-rational authority and ethical conduct that serves public interest.
• Dynamic Nature of Ethics: Laws evolve slowly while ethical dilemmas emerge rapidly, requiring Kantian categorical imperative approach to moral decision-making.
• Constitutional Values: Article 51A mandates fundamental duties that transcend legal compliance, emphasizing dharmic governance principles.
• Global Best Practices: New Zealand's Public Service Act explicitly requires ethical behavior beyond legal minimums, demonstrating international recognition of this principle.
• Accountability Mechanisms: RTI Act and Lokpal institutions recognize that transparency and integrity require proactive ethical commitment, not mere rule-following.
Act Ethically Right but Not Legal
• Whistleblowing for Public Interest: Sanjiv Chaturvedi's exposure of corruption in AIIMS despite potential legal repercussions exemplifies utilitarian ethics serving greater good.
• Civil Disobedience for Justice: Aruna Roy's advocacy for RTI before its legal enactment demonstrated Rawlsian justice principles prioritizing transparency.
• Emergency Relief Beyond Rules: Providing immediate disaster relief exceeding budgetary allocations reflects care ethics and ahimsa principles.
• Protecting Vulnerable Populations: Officers sheltering refugees beyond legal mandates embody human rights ethics and constitutional morality.
• Environmental Protection: Sunderlal Bahuguna's Chipko movement violated property laws but upheld ecological ethics and intergenerational justice.
Act Legally Right but Not Ethical
• Selective Law Enforcement: Caste-based discrimination in service delivery, though not explicitly illegal, violates Ambedkar's equality principles and constitutional ethics.
• Bureaucratic Delays: Deliberately slowing file processing within legal timeframes contradicts seva (service) ethics and public interest.
• Resource Misallocation: Diverting funds from poor to affluent areas, while legally permissible, violates distributive justice and Gandhian welfare principles.
• Information Hoarding: Withholding non-classified information legally but unethically undermines democratic transparency and participatory governance.
• Nepotism in Transfers: Legal but unethical favoritism in postings violates merit-based administration and equal opportunity principles.
Effective public administration requires moral sensitivity complementing legal knowledge, as demonstrated by exemplary civil servants like E. Sreedharan and Kiran Bedi who consistently chose ethical paths. Dharmic governance demands conscience-driven decision-making that serves sarvodaya (welfare of all) beyond mere rule-bound compliance.
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Ethics: Theory PYQs from 2015
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Public servants are likely to confront with the issues of “Conflict of Interest”. What do you understand by the term “Conflict of Interest” and how does it manifest in the decision making by public servants? If faced with the conflict of interest situation how would you resolve it? Explain with the help of examples
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At the international level, bilateral relations between most nations are governed by the policy of promoting one’s own national interest without any regard for the interest of other nations. This lead to conflicts and tension between the nations. How can ethical consideration help resolve such tensions? Discuss with specific examples.
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Today we find that in spite of various measures of prescribing codes of conduct, setting up vigilance cells/commissions, RTI, active media, and strengthening of legal mechanisms, corrupt practices are not coming under control.
(a) Evaluate the effectiveness of these measures with justifications
(b) Suggest more effective strategies to tackle this menace - 10 MarksView Answer
Two different kinds of attitudes exhibited by public servants towards their work have been identified as the bureaucratic attitude and the democratic attitude.
(a) Distinguish between these two terms and write their merits and demerits.
(b) Is it possible to balance the two to create a better administration for the faster development of our country? - 10 MarksView Answer
Some recent developments such as the introduction of the RTI Act, media and judicial activism, etc. are proving helpful in bringing about greater transparency and accountability in the functioning of the government. However, it is also being observed that at times the mechanisms are misused. Another negative effect is that the officers are now afraid to take prompt decisions. Analyze the situation in detail and suggest how the dichotomy can be resolved. Suggest how these negative impacts can be minimized.
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Social values are more important than economic values. Discuss the above statement with examples in the context of the inclusive growth of a nation.
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