8. Ethics Notes 06

Elaborate Notes

Corruption: Concept, Effects, and Remedies

Effects of Corruption

• Effects on Politics:

  • Erosion of Faith in Democratic Institutions: Corruption systematically erodes the public’s trust in the fundamental pillars of democracy, such as the legislature, executive, and judiciary. When citizens perceive that decisions are made based on bribes rather than public interest, their faith in the legitimacy of the government diminishes. This concept is central to the social contract theory, as articulated by philosophers like John Locke, where the government’s legitimacy rests on the consent of the governed, a consent that is withdrawn when the government acts against the public good. For instance, the 2G Spectrum Allocation case and the Coal Block Allocation case in India significantly damaged public trust in the political executive.
  • Undermining Governance and Public Trust: Corruption subverts the principles of good governance, which include accountability, transparency, and the rule of law. It reduces the moral authority of the government. The Second Administrative Reforms Commission (ARC) in its 4th Report, “Ethics in Governance” (2007), explicitly stated that corruption is the single biggest threat to good governance in India.
  • Criminalization of Politics and Role of Money/Muscle Power: Corruption creates a nexus between politicians, criminals, and bureaucrats. The Vohra Committee Report (1993) highlighted this dangerous nexus. Political parties often field candidates with criminal backgrounds who can finance their own elections through illicit funds. Data from the Association for Democratic Reforms (ADR) consistently shows a rising trend of elected representatives with declared criminal cases, indicating that money and muscle power, often funded by corruption, play a decisive role in electoral outcomes.

• Effects on Administration:

  • Reduced Accountability and a Vicious Cycle: Corruption thrives in opacity. As the summary notes, there is a vicious cycle: Secrecy → Lack of Accountability → Corruption → Greater Secrecy. The Official Secrets Act, 1923, a colonial-era law, has often been misused to shield administrative actions from public scrutiny. The Right to Information Act, 2005, was a landmark step to break this cycle by empowering citizens to demand information and hold officials accountable.
  • Misconduct by Law Enforcement: When agencies like the police engage in corruption (e.g., taking bribes to drop charges or manipulate evidence), it cripples the entire criminal justice system. This leads to a low conviction rate for serious crimes and protects the corrupt. The Prakash Singh v. Union of India (2006) judgment by the Supreme Court aimed to insulate the police from extraneous political and corrupt influences through police reforms, though implementation remains a challenge.
  • Ineffective Public Administration and Diversion of Funds: Funds allocated for welfare schemes are often siphoned off. Former Prime Minister Rajiv Gandhi famously remarked that only 15 paise of every rupee sent from the centre reaches the intended beneficiary. While the situation has improved with Direct Benefit Transfer (DBT), “leakages” still persist in various forms. This diversion of funds, as noted by economist Amartya Sen in his work on development, directly impedes human capability development and perpetuates poverty.

• Effects on Environment:

  • Environmental regulations are often flouted due to a nexus between corporate entities and corrupt officials. This leads to illegal mining, deforestation, and pollution. The Bellary illegal mining scam in Karnataka is a prominent example where officials and politicians colluded, causing massive environmental degradation and loss to the exchequer. This undermines the principle of sustainable development and inter-generational equity.

Various Forms of Corruption

• Bribery: The most common form, involving the exchange of money or favours for preferential treatment. The Prevention of Corruption Act, 1988 (amended in 2018) is the primary legislation in India to deal with bribery of public servants. The amendment introduced the concept of making the bribe-giver equally culpable.
• Patronage: The practice of appointing supporters to public office as a reward for their political support. This prioritizes loyalty over merit and competence, leading to administrative inefficiency. Historically, this was a common feature of monarchical and feudal systems, but it persists in modern democracies in various forms.
• Nepotism: A specific form of favouritism where relatives are given positions, regardless of their qualifications. This violates the constitutional principles of equality of opportunity enshrined in Article 16 of the Indian Constitution.
• Cronyism: The practice of favouring close friends and associates (“cronies”), especially in awarding government contracts or granting licenses. This leads to a form of capitalism where success depends on political connections rather than market competition, often termed ‘crony capitalism’. The term gained prominence in the context of the 1997 Asian Financial Crisis, where close ties between governments and corporations were blamed for the economic collapse.
• Misappropriation of Funds: The illegal and intentional use of funds or property of another person for one’s own use or for some other unauthorized purpose. This is a common form of corruption in the implementation of public projects and schemes.
• Kickbacks: A portion of the misappropriated funds from a contract or service is paid back to the official who facilitated the corrupt deal. The Bofors Scandal (1980s) is a classic international example of alleged kickbacks in a defence deal, which had significant political ramifications in India.

Ways to Tackle Corruption

• A) Legal Measures:

  • Amending Prevention of Corruption Act (PCA): The suggestion to include ‘collusive bribery’ where the state suffers a loss, even if the bribe-giver is not coerced, aims to tackle quid pro quo arrangements that harm public interest. The 2018 amendment to the PCA has already made bribe-giving an offence.
  • Removing ‘Prior Sanction’ Clause: Section 19 of the PCA requires prior sanction from the competent authority to prosecute a public servant. This is often seen as a protective shield for the corrupt. The Supreme Court in Subramanian Swamy v. Director, CBI (2014) struck down a similar provision in the Delhi Special Police Establishment Act as unconstitutional, arguing it hindered impartial investigation.
  • Confiscation of Ill-gotten Wealth: Making corruption a ‘high-risk, no-gain’ activity requires stringent laws for confiscation of property acquired through corrupt means. The Fugitive Economic Offenders Act, 2018, is a step in this direction.
  • Whistle Blowers Protection: The Whistle Blowers Protection Act, 2014, remains weak due to a lack of operational rules and amendments that dilute its purpose by seeking to remove protections for the whistleblower’s identity. Strengthening it is crucial, as whistleblowers like Satyendra Dubey, who exposed corruption in the Golden Quadrilateral highway project, often pay with their lives.

• B) Institutional Measures:

  • Strengthening Lokpal: The Lokpal and Lokayuktas Act, 2013, was enacted following the massive ‘India Against Corruption’ movement. However, the institution of Lokpal has been largely non-functional due to delays in appointments and lack of political will. Fulfilling India’s commitment under the UN Convention Against Corruption (UNCAC), which India ratified in 2011, requires a strong and independent anti-corruption ombudsman.
  • Local Body Ombudsman: The 2nd ARC Report on “Local Governance” recommended the establishment of an Ombudsman at the local level to check corruption in municipalities and panchayats, which is where citizens have the most frequent interaction with the state.
  • CBI Autonomy: The CBI has been dubbed a “caged parrot” by the Supreme Court due to its dependence on the central government. Amending the Delhi Special Police Establishment Act, 1946, to grant it functional and financial autonomy is a long-standing demand for credible and impartial investigations.

• C) Administrative Measures:

  • Post-Retirement Restrictions: The 2nd ARC Report (“Ethics in Governance”) recommended a cooling-off period before public servants, especially those in sensitive positions, can accept commercial employment to prevent quid pro quo arrangements.
  • Integrity and Risk Profiling: Appointing persons of unimpeachable integrity to high office is fundamental. ‘Risk profiling’ of jobs helps in identifying corruption-prone departments and placing officials with a clean record there, along with enhanced vigilance.
  • Reducing Discretion and E-governance: Discretionary powers are a major source of corruption. Revising departmental manuals, simplifying rules, and moving towards a ‘paperless’ e-governance model (e.g., Government e-Marketplace or GeM) reduces human interface and opportunities for rent-seeking.
  • Integrity Pact: Developed by Transparency International, the Integrity Pact is a tool to prevent corruption in public contracting. It involves a pact between the government agency and bidders, overseen by an Independent External Monitor (IEM), committing both sides to ethical conduct. ONGC’s use of this model is a best practice.

• D) Political Measures:

  • Transparency in Political Funding: The introduction of Electoral Bonds has been criticized for increasing opacity in political funding, potentially facilitating crony capitalism. Bringing political parties under the ambit of the RTI Act and ensuring transparent accounting are key reforms suggested by the Election Commission of India and various civil society groups.
  • State Funding of Elections: The Indrajit Gupta Committee on State Funding of Elections (1998) recommended partial state funding to curb the influence of black money in politics. The idea is to create a level playing field and reduce the dependence of parties on corporate donations.

• E) Societal Measures:

  • Value Education: Inculcating ethical values through the education system is a long-term strategy to build a society that abhors corruption. This relates to the Gandhian idea of linking education with character building.
  • Role of Civil Society and Media: Organizations like the ADR and movements like the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan (which pioneered the demand for RTI) play a crucial role as watchdogs. A vigilant media and active citizenry are the most effective deterrents against corruption.

Work Culture

Definition and Importance

• ‘Work Culture’ or ‘Organizational Culture’ is the shared set of values, beliefs, attitudes, and practices that characterize an organization. According to organizational theorist Edgar Schein, in his work “Organizational Culture and Leadership” (1985), culture exists at three levels: artifacts (visible structures and processes), espoused values (strategies and goals), and basic underlying assumptions (unconscious, taken-for-granted beliefs).
• It dictates how employees interact, how decisions are made, and how the organization responds to challenges. A strong work culture aligns employee behaviour with organizational goals.

Strong vs. Toxic Work Culture

• Strong Work Culture: As exemplified by Google, which fosters innovation through its “20% time” policy, or the TATA Group, which is renowned for its ethical practices and employee-centric policies tracing back to the philosophy of its founders like J.R.D. Tata. Intel’s focus on continuous learning and capacity building reflects a culture of meritocracy and growth.
• Toxic Work Culture: Amazon has faced criticism for a “hustle culture” that allegedly prioritizes aggressive targets over employee well-being, leading to high burnout and attrition rates. This highlights the negative consequences of a culture that lacks work-life balance and psychological safety.

Characteristics of a ‘Healthy Work-Culture’

• Work-Life Balance: Recognizes that employees have lives outside of work, preventing burnout.
• Employee-Centric Policies: Focuses on employee well-being, growth, and development.
• Spirit of Teamwork: Encourages collaboration over internal competition. The concept of ‘psychological safety’, popularized by Harvard professor Amy Edmondson, is key here—employees feel safe to take risks and speak up without fear of negative consequences.
• Culture of Inclusivity: Values diversity and ensures equitable treatment for all, irrespective of background.
• Democratic Decision Making: Promotes a flatter hierarchy where feedback from all levels is encouraged, fostering a sense of ownership among employees.

Work Culture in Indian Civil Services: An Analysis

The work culture of the Indian bureaucracy has its roots in the colonial “steel frame” established by the British. While it provided stability, it also institutionalized certain negative traits.

• Culture of Secrecy: Inherited from the colonial era and enshrined in laws like the Official Secrets Act, 1923. The 2nd ARC Report (“Right to Information: Master Key to Good Governance”) identified this as a major impediment, fostering a lack of transparency and accountability.
• Undue Emphasis on Rules and Regulations (Red Tapism): This is a classic dysfunction of the Weberian model of bureaucracy. While Max Weber saw rules as essential for rationality and impartiality, their rigid application often leads to goal displacement, where following the rule becomes more important than achieving the public service objective. This creates delays and an attitude of indifference.
• Status Quoism and Resistance to Change: The permanent nature of the civil service and time-bound promotions can reduce the incentive for innovation. Civil servants often resist reforms that might challenge their authority or require new skills.
• Attitude of Complacency and Reactive Nature: The security of tenure can lead to complacency. The administration is often ‘reactive’, responding to crises rather than ‘proactive’, anticipating and preventing them. This results in ‘myopic’ or short-sighted policymaking.
• Insensitivity and ‘Ivory Tower’ Syndrome: The hierarchical structure and insulation from the public can create a disconnect from ground realities, leading to a lack of empathy and compassion in their dealings with citizens, particularly the poor and marginalized.

Reforming the Work Culture: The Government of India’s “Mission Karmayogi” - the National Programme for Civil Services Capacity Building (NPCSCB) - is a significant reform initiative aimed at transforming the work culture. It seeks to shift the focus from a ‘rules-based’ to a ‘roles-based’ HR management system, emphasizing continuous, competency-based learning to create a more creative, constructive, imaginative, and proactive civil servant.

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Prelims Pointers

• Prevention of Corruption Act, 1988: The primary law to combat corruption by public servants. The 2018 amendment made bribe-giving a specific offence.
• Section 7 of PCA: Deals with the offence of a public servant taking gratification other than legal remuneration.
• Santhanam Committee (1964): Recommended the establishment of the Central Vigilance Commission (CVC).
• Central Vigilance Commission (CVC): An apex integrity institution, a statutory body with no executive powers. It is an advisory body.
• Lokpal and Lokayuktas Act, 2013: Establishes the Lokpal at the Centre and requires states to establish Lokayuktas. Lokpal is a multi-member body.
• UN Convention Against Corruption (UNCAC): The only legally binding universal anti-corruption instrument. India ratified it in 2011.
• Delhi Special Police Establishment (DSPE) Act, 1946: The act under which the Central Bureau of Investigation (CBI) derives its powers.
• Whistle Blowers Protection Act, 2014: Aims to provide a mechanism to investigate alleged corruption and misuse of power by public servants and also protect the person making the disclosure.
• Indrajit Gupta Committee (1998): Committee on State Funding of Elections.
• Vohra Committee Report (1993): Studied the problem of the criminalization of politics and the nexus among criminals, politicians, and bureaucrats.
• Integrity Pact: A tool developed by Transparency International to prevent corruption in public procurement. Monitored by an Independent External Monitor (IEM).
• Mission Karmayogi (NPCSCB): A national program for civil services capacity building aimed at transforming work culture from ‘rules-based’ to ‘roles-based’.
• Association for Democratic Reforms (ADR): An NGO that works in the area of electoral and political reforms.
• Second ARC, 4th Report: Titled “Ethics in Governance”, it comprehensively deals with issues of corruption and administrative ethics.

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Mains Insights

GS Paper IV (Ethics, Integrity, and Aptitude):

1. Corruption: Systemic vs. Individual Moral Failure:

   • Argument for Systemic Failure: Corruption is not merely the sum of individual acts of greed. It is embedded in systems characterized by excessive discretion, lack of transparency, complex regulations (red tape), and weak accountability. Colonial legacies, political compulsions, and economic structures create fertile ground for corruption.
   • Argument for Moral Failure: At its core, a corrupt act is a choice made by an individual who prioritizes personal gain over public duty, reflecting a failure of personal ethics and integrity.
   • Synthesis: A comprehensive answer should argue that corruption is a complex interplay of both. While individual morality is crucial, sustainable solutions require systemic reforms that reduce opportunities and increase the costs of corruption. Measures like e-governance (reduces discretion) and strengthening the Lokpal (increases accountability) address the systemic aspect.

2. The Paradox of Bureaucracy: Weberian Ideals vs. Indian Reality:

   • Weberian Ideal: Max Weber envisioned bureaucracy as an efficient, rational, and impartial system based on rules, hierarchy, and merit.
   • Indian Reality: In India, these very features have often become dysfunctional. Hierarchy leads to insensitivity and delays; a focus on rules leads to red tapism and a lack of innovation (status quoism); and permanence of tenure contributes to complacency.
   • Analysis: The challenge for administrative reform (as envisioned in Mission Karmayogi) is to retain the positive aspects of the Weberian model (like impartiality and predictability) while shedding its negative baggage. This involves fostering a new work culture that values outcomes over processes, collaboration over hierarchy, and citizen-centricity over rule-centricity.

GS Paper II (Governance):

1. Relationship between Transparency, Accountability, and Corruption:

   • Causal Link: Lack of transparency breeds unaccountability, which in turn fosters corruption. The RTI Act is a testament to this understanding. By enabling citizens to question government actions, it directly enhances accountability and acts as a deterrent to corruption.
   • Challenges: The effectiveness of transparency mechanisms is often diluted by a culture of secrecy, misuse of exemption clauses (e.g., in the RTI Act), and weak enforcement of accountability (e.g., a non-functional Lokpal).
   • Way Forward: Strengthening these mechanisms requires not just legal frameworks but also political will, administrative reform to promote proactive disclosure, and citizen empowerment to use these tools effectively.

2. Political Funding, Crony Capitalism, and Governance:

   • The Nexus: The need for vast sums of money to fight elections creates a dependency of political parties on corporate funding. This can lead to crony capitalism, where government policies are tailored to benefit specific corporate donors in a quid pro quo arrangement (e.g., favourable allocation of natural resources).
   • Impact on Governance: This nexus undermines fair competition, distorts economic policy, and erodes public trust. It is a sophisticated form of systemic corruption.
   • Reform Agenda: Addressing this requires a multi-pronged approach: reforming electoral funding (e.g., rethinking electoral bonds), strengthening regulatory bodies to ensure a level playing field, and increasing transparency in government contracting and policy-making.

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Previous Year Questions

Prelims Questions

1. Q. The “Rule of Law” Index is released by which of the following? (UPSC CSE 2018) (a) Amnesty International (b) International Court of Justice (c) Office of UN Commissioner for Human Rights (d) World Justice Project

   Answer: (d) World Justice Project. The Rule of Law is a foundational principle for curbing corruption and ensuring accountability.

2. Q. Consider the following statements: The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’. The above-mentioned Act was amended five times. The term ‘Office of Profit’ is well-defined in the Constitution of India. Which of the statements given above is/are correct? (UPSC CSE 2019) (a) 1 and 2 only (b) 3 only (c) 2 and 3 only (d) 1, 2 and 3

   Answer: (a) 1 and 2 only. The term ‘Office of Profit’ is not well-defined in the Constitution, leading to ambiguity that can be exploited. This relates to ethics in politics.

3. Q. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review. (UPSC CSE 2021) This statement is incorrect. It was the 39th Amendment Act, 1975, that sought to do this, which was later struck down by the Supreme Court. Q. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

   Answer: (b) 2 only. This question touches upon the separation of powers and checks and balances, which are crucial for preventing the concentration of power and potential corruption.

4. Q. With reference to the ‘Central Vigilance Commission’ (CVC), consider the following statements: The CVC was set up on the recommendation of the Santhanam Committee. The CVC is a statutory body. Which of the above statements is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

   Answer: (c) Both 1 and 2. The CVC was set up in 1964 on the recommendation of the Santhanam Committee and was given statutory status in 2003.

5. Q. The Lokpal and Lokayukta Act, 2013, has been a significant step in the direction of combating corruption. Which of the following statements about the Lokpal is INCORRECT? (a) The Lokpal consists of a Chairperson and a maximum of 8 members. (b) The jurisdiction of the Lokpal includes the Prime Minister, Ministers, and Members of Parliament. (c) The Lokpal has the power to give directions to the CBI. (d) The appointments to the Lokpal are made by the President on the recommendation of a committee headed by the Chief Justice of India.

   Answer: (d). The appointments are made by the President on the recommendation of a selection committee headed by the Prime Minister, not the CJI.

Mains Questions

1. Q. “Institutional quality is a crucial driver of economic performance”. In this context, suggest reforms in the Civil Services for strengthening democracy. (UPSC CSE 2022, GS-II)

   Answer Framework:

   • Introduction: Define institutional quality and link it to good governance and economic performance, citing examples or reports (e.g., World Bank’s Governance Indicators).
   • Body Part 1: How Weak Civil Service Quality Impedes Democracy and Economy: Discuss issues like red tapism, corruption, lack of domain expertise, and status quoism, explaining how they deter investment, delay projects, and erode public trust.
   • Body Part 2: Reforms to Strengthen Civil Services:
     • Structural Reforms: Specialization, lateral entry, right-sizing bureaucracy.
     • Process Reforms: Leveraging technology (e-governance), simplifying rules, promoting transparency (RTI).
     • Behavioural/Cultural Reforms: Mission Karmayogi for capacity building, moving from rule-based to role-based governance, fostering a culture of innovation and integrity.
     • Accountability Reforms: Strengthening performance appraisal, fixed tenure for key posts, enhancing accountability to citizens.
   • Conclusion: Conclude by stating that a professional, meritocratic, and accountable civil service is the bedrock of a vibrant democracy and a thriving economy.

2. Q. The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting an incentive-based system for children’s education without generating awareness about the importance of schooling. Analyse. (UPSC CSE 2022, GS-II) (While not directly on corruption, this question relates to the effectiveness of public service delivery, which is often hampered by corruption and poor work culture.)

   Answer Framework:

   • Introduction: Briefly state the objectives of the RTE Act, 2009.
   • Body Part 1: Successes and Provisions of the Act: Mention its role in improving enrolment rates, mandating infrastructure (pupil-teacher ratios, etc.), and making education a fundamental right.
   • Body Part 2: Inadequacies of the Act:
     • Focus on inputs (infrastructure) rather than outcomes (learning levels), as highlighted by ASER reports.
     • Failure to generate community awareness and participation.
     • Lack of accountability mechanisms for teachers and school management, often linked to a poor work culture.
     • Incentives are often seen as entitlements, not linked to performance or attendance.
     • Corruption in fund utilization for mid-day meals, uniforms, etc., which dilutes the impact.
   • Conclusion: Suggest that a holistic approach combining legal rights with strong community engagement, teacher accountability, and a focus on learning outcomes is needed to realize the true spirit of the Act.

3. Q. “Corruption is the manifestation of the failure of core values in the society.” In your opinion, what measures can be adopted to uplift the core values in the society? (UPSC CSE 2018, GS-IV)

   Answer Framework:

   • Introduction: Agree with the statement, explaining that corruption is not just a legal or administrative problem but a deeper socio-ethical malaise reflecting a decline in values like honesty, integrity, and public service.
   • Body Part 1: How failure of values leads to corruption: Link greed, materialism, tolerance of unethical behaviour, and lack of social sanction against the corrupt to the prevalence of corruption.
   • Body Part 2: Measures to Uplift Core Values:
     • Role of Family: Primary socialization, inculcating values of honesty and empathy from childhood.
     • Role of Educational Institutions: Value-based education, ethics in curriculum, promoting stories of integrity.
     • Role of Society and Community: Socially boycotting the corrupt, celebrating honesty, role of religious and spiritual leaders in promoting ethical conduct.
     • Role of Leadership: Political, administrative, and corporate leaders must lead by example (‘walking the talk’).
     • Role of Media and Civil Society: Promoting positive role models, investigative journalism to expose corruption, and creating public awareness.
   • Conclusion: Conclude that while legal and institutional measures are necessary deterrents, a long-term solution to corruption lies in a societal renaissance that reinvigorates and cherishes core ethical values.

4. Q. What is meant by the term ‘constitutional morality’? How does one uphold constitutional morality? (UPSC CSE 2019, GS-IV)

   Answer Framework:

   • Introduction: Define Constitutional Morality as an adherence to the core principles and values of the Constitution, such as democracy, secularism, equality, liberty, and fraternity. It goes beyond the literal text to embrace the spirit of the constitution. Cite Dr. B.R. Ambedkar.
   • Body: Upholding Constitutional Morality:
     • For Judiciary: Through judicial review, protecting fundamental rights, and interpreting the constitution in a way that furthers its transformative vision (e.g., Navtej Singh Johar case).
     • For Legislature: Enacting laws that are in harmony with constitutional principles, engaging in reasoned debate, and respecting parliamentary procedures.
     • For Executive/Civil Servants: Upholding the rule of law, ensuring non-partisanship, showing empathy towards weaker sections, and ensuring impartiality and integrity in public service. Resisting illegal or unethical orders.
     • For Citizens: Respecting diversity, practicing tolerance, upholding fundamental duties, and holding the government accountable through democratic means.
   • Conclusion: Conclude that constitutional morality is a collective responsibility that requires a commitment from all organs of the state and citizens to uphold the democratic and ethical fabric of the nation.

5. Q. In the context of the work environment, differentiate between ‘coercion’ and ‘undue influence’ with suitable examples. (UPSC CSE 2019, GS-IV)

   Answer Framework:

   • Introduction: Define both terms as factors that vitiate free consent, but explain that they operate differently. Coercion involves a direct threat or force, while undue influence is more subtle, involving the misuse of a position of power or trust.
   • Coercion:
     • Definition: Committing or threatening to commit any act forbidden by law, or unlawfully detaining property, to compel a person to enter into an agreement. It involves physical or direct threats.
     • Example: A senior officer threatening a junior with a negative performance review or a punitive transfer unless they sign a false report. This is a direct threat to cause harm.
   • Undue Influence:
     • Definition: Occurs where the relations between two parties are such that one is in a position to dominate the will of the other and uses that position to obtain an unfair advantage. It’s a form of moral or mental pressure.
     • Example: A senior officer, who is also a mentor to a junior, persuades them to award a contract to a specific firm by saying, “I know what is best for your career, and doing this will be good for you.” Here, there is no direct threat, but the junior’s will is influenced by the trust and authority vested in the senior.
   • Key Differences (Table format can be used):
     • Nature: Coercion is physical/direct; Undue Influence is mental/moral.
     • Relationship: Coercion can exist between strangers; Undue Influence requires a pre-existing relationship of trust or authority.
     • Action: Coercion involves illegal acts; Undue Influence involves misuse of a legitimate position.
   • Conclusion: Briefly state that both are unethical and illegal as they undermine fairness, consent, and integrity in professional relationships.