8. Ethics Notes Extra 02 A

Elaborate Notes

Importance of Courage for Civil Services

Courage in the context of civil services is not merely physical bravery but predominantly moral and intellectual courage. It is the foundational virtue that enables an administrator to uphold all other values like integrity, impartiality, and dedication in the face of adversity.

• Staying Firm on Core Values: Moral courage is the capacity to adhere to one’s ethical principles and professional duties despite pressure, threats, or inducements to do otherwise. For a civil servant, these core values are derived from the Constitution of India, the rule of law, and a commitment to public welfare.

  • Historical Context: Sardar Vallabhbhai Patel, in his address to IAS probationers in 1947, envisioned the civil services as the “steel frame” of India, implying a structure that must remain upright and unbent by political or social pressures. This requires immense courage.
  • Example: T. N. Seshan, as the Chief Election Commissioner of India (1990-1996), demonstrated exceptional moral courage by rigorously implementing the Model Code of Conduct, confronting powerful political entities to ensure free and fair elections, thereby reinforcing the autonomy of the Election Commission.

• Making the Right Decisions amidst Temptations: The administrative role often involves discretionary powers and control over vast public resources, creating opportunities for corruption. Courage enables an officer to resist these temptations, whether they are financial inducements or promises of career advancement in exchange for unethical favours. This is the courage of integrity.

• Leading by Example: A leader’s actions have a ripple effect on the entire administrative machinery. A courageous officer who stands up against corruption or political interference inspires subordinates to do the same, fostering an ethical work culture. This is often referred to as ‘transformational leadership’.

• Exposing Financial Irregularities: This requires the courage to become a whistleblower. Civil servants are often privy to systemic corruption. To expose it means to challenge powerful vested interests, which can lead to professional ostracisation, frequent transfers (often to ‘punishment postings’), and even threats to personal safety.

  • Example: Ashok Khemka, an IAS officer, has been noted for his courage in exposing alleged corruption in various departments, leading to numerous transfers throughout his career.

• Ability to Identify and Rectify Mistakes: Intellectual courage involves the willingness to acknowledge policy failures or personal errors in judgment. It is easy to defend a flawed decision to save face, but a courageous administrator accepts responsibility, learns from mistakes, and takes corrective action. This is crucial for evidence-based policymaking and adaptive governance.

• Making Unpopular Decisions: Many decisions in the public interest, such as anti-encroachment drives, tax reforms, or environmental regulations, may be unpopular with certain sections of the public or powerful lobby groups. Courage is essential to implement such decisions that are necessary for the greater good, despite potential backlash.

• Upholding Societal Good: The quote attributed to Napoleon, “The world suffers a lot not because of the violence of the bad but because of the silence of the good,” highlights the sin of omission. For a civil servant, this silence can mean turning a blind eye to injustice, corruption, or inefficiency. Courage is the antidote to this silence.

• Ways of Inculcating Courage:

  • Strong Whistleblower Law: The Whistle Blowers Protection Act, 2014, aims to provide a mechanism to investigate alleged corruption and misuse of power by public servants while protecting the identity of the complainant. Effective implementation is key.
  • Civil Services Board (CSB): The Supreme Court in T.S.R. Subramanian vs. Union of India (2013) directed the centre and state governments to set up a Civil Services Board to manage appointments, transfers, and postings, thereby insulating bureaucrats from political expediency.
  • Fixed Tenure: The Second Administrative Reforms Commission (2nd ARC) in its 10th Report, “Refurbishing of Personnel Administration” (2008), strongly recommended fixed tenures for civil servants to allow them to work with professional independence.
  • Rewarding Acts of Courage: Instituting awards and public recognition for officers who display exemplary moral courage can create positive role models and incentivize ethical conduct.
  • Code of Ethics for Ministers: The 2nd ARC also recommended a ‘Code of Ethics’ and ‘Code of Conduct’ for Ministers to establish clear boundaries in their relationship with civil servants, reducing undue interference.
  • Role of UPSC: Expanding the role of an independent body like the UPSC beyond initial recruitment to include aspects of career progression could further safeguard the neutrality and courage of officers.

Dedication to Public Service

Dedication to public service is an intrinsic and profound commitment to serving the public interest, going beyond contractual obligations. It is a mindset where the officer’s professional life is driven by a passion for contributing to societal well-being.

• Definition: It is the quality of being wholly committed to a task or purpose, in this case, the welfare of the public. It transcends the ‘9-to-5’ mentality and involves internalising public service as a personal mission. This aligns with the concept of Public Service Motivation (PSM), a theory in public administration that suggests individuals are motivated by a desire to serve the public and contribute to society.

• Dedication vs. Commitment: While commitment is the state of being bound to a course of action (fulfilling one’s duty), dedication is a higher form of commitment. A committed officer will complete their assigned tasks. A dedicated officer will proactively seek out problems, innovate solutions, and be willing to ‘go beyond the call of duty’—working extra hours, taking personal risks, or using personal time to ensure a public service goal is met.

• Importance of Dedication:

  • 24x7 Nature of the Job: Civil service, especially at senior levels and in field postings, is not a time-bound job. Crises like natural disasters, law and order situations, or health emergencies require round-the-clock attention. Only deep dedication can sustain an individual through such demanding schedules.
  • Hostile Conditions and Resource Constraints: Officers are often posted in remote, underdeveloped, or conflict-ridden areas with inadequate infrastructure and resources. Dedication provides the motivation to innovate and achieve results despite these challenges (‘jugaad’ innovation for public good).
  • Agents of Development: The primary role of civil services in a developing country like India is to be a catalyst for socio-economic development. This long-term, complex process requires sustained effort, patience, and an unwavering focus that can only come from dedication.
  • Example: Armstrong Pame, an IAS officer from Manipur, earned the moniker “Miracle Man” for his dedication in building a 100 km “People’s Road” to connect a remote part of his district without government funds, raising money through social media and personal contributions.

• Ways to Inculcate Dedication:

  • Rewards and Recognition: Systems like the Prime Minister’s Awards for Excellence in Public Administration recognise and celebrate outstanding work, creating inspirational benchmarks for other officers.
  • Training and Sensitisation: Training modules at institutions like the Lal Bahadur Shastri National Academy of Administration (LBSNAA) include village visits and attachments with NGOs. These field exposures are designed to sensitise officer trainees to the ground realities and challenges faced by ordinary citizens, fostering empathy and dedication.
  • Inspiration from Exemplary Civil Servants: Studying the biographies and work of iconic civil servants provides powerful role models. The ethos of service before self, exemplified by figures from the past, can be a potent source of inspiration.
  • Performance-Linked Approach: As recommended by the Surendra Nath Committee (2003) and the Hota Committee (2004), introducing performance-based incentives and appraisal systems can potentially enhance accountability and motivation, though care must be taken to ensure that it does not undermine the intrinsic spirit of service.

Impartiality and Non-Partisanship

These are twin pillars of a professional and neutral bureaucracy, essential for upholding the rule of law and maintaining public trust in a democracy.

• Distinction:

  • Impartiality: Refers to objectivity in decision-making, without bias, prejudice, or favouritism. An impartial officer makes decisions based on merit, evidence, and law, not on personal affiliations, biases (caste, religion, gender), or relationships. It is about what is decided.
  • Non-partisanship: Refers specifically to political neutrality. It is the quality of serving the duly elected government of the day with equal commitment and professionalism, regardless of its political ideology or party affiliation. It is about who is being served (the government in power, on behalf of the people).

• Significance of Impartiality:

  • Maintaining Public Trust: Citizens must believe that government institutions will treat them fairly. When impartiality erodes, and decisions are seen as biased, it leads to alienation and can fuel social unrest. The rise of Naxalism in certain regions is partly attributed to the perceived failure of state institutions to deliver justice impartially to marginalised communities.
  • Managing Diversity: In a pluralistic society like India, with its multiple religions, castes, languages, and ethnicities, an impartial administration is the thread that holds the social fabric together.
  • Conflict Resolution: During communal or ethnic conflicts, the role of an impartial district magistrate or police chief is paramount. Any perceived bias can escalate the situation and lead to a complete breakdown of law and order.
  • Constitutional Mandate: The Constitution of India, particularly Article 14 (Equality before Law) and Article 15 (Prohibition of discrimination), legally obligates public servants to act with impartiality.

• Significance of Non-Partisanship:

  • Policy Implementation: A non-partisan civil service provides continuity and stability to the administration. Governments may change after elections, but the bureaucracy remains, ensuring that governance does not come to a halt. It must wholeheartedly implement the lawful policies of the new government.
  • Upholding Democracy: In a parliamentary democracy, policy is the domain of the elected representatives (political executive). The bureaucracy’s role is to provide frank, objective, and apolitical advice and then faithfully implement the final decision. This division of roles is fundamental to democratic accountability.
  • Courageous and Objective Advice: Only a non-partisan civil servant can provide fearless and unbiased advice to the political executive, including pointing out potential flaws or negative consequences of a proposed policy. A politicised bureaucrat would simply offer advice that the minister wants to hear.
  • Maintaining Institutional Integrity: The public’s confidence in the civil services as a permanent, apolitical institution is crucial. If the bureaucracy is seen as an extension of the ruling party, its credibility and legitimacy are severely compromised.

• Challenges to Political Neutrality:

  • Politicisation of Appointments and Transfers: The lack of an independent mechanism often leads to politicians using postings and transfers to reward pliable officers and penalise independent ones.
  • Bureaucrat-Politician Nexus: An opaque system can foster collusive relationships between bureaucrats, politicians, and corporate interests, undermining neutrality for mutual gain. This was highlighted by the Vohra Committee Report (1993).
  • Inter-service Rivalry and Groupism: Internal rivalries and lobbying for posts can lead to bureaucrats aligning themselves with political patrons to further their careers, compromising their neutrality.
  • Post-Retirement Appointments: The lure of post-retirement positions (e.g., as a Governor, or in a commission) can influence the decisions of a civil servant in the final years of their service, leading to partisan behaviour.

• Ways to Inculcate Non-Partisanship and Neutrality:

  • Apolitical Postings and Transfers: Strengthening and ensuring the autonomy of the Civil Services Board, as mandated by the Supreme Court, is critical.
  • Mandatory Cooling-off Period: A strictly enforced cooling-off period before a retired civil servant can join a private company they dealt with, or enter politics, is necessary to prevent pre-retirement compromises.
  • Comprehensive Code of Conduct: Strengthening rules like the All India Services (Conduct) Rules, 1968 regarding the acceptance of gifts and maintaining political neutrality is essential.
  • Defining Minister-Civil Servant Relationship: The 2nd ARC Report on “Ethics in Governance” (2007) suggested that the respective roles and responsibilities of ministers and secretaries should be clearly defined and codified to prevent encroachment.

Tolerance

Tolerance is the fair, objective, and permissive attitude towards those whose opinions, practices, race, religion, nationality, etc., differ from one’s own. It is a fundamental value for administrators in a diverse country and a prerequisite for a healthy democracy.

• Definition: It is not mere acceptance but a positive respect for diversity. It involves rejecting dogmatism and absolutism, recognising that there can be multiple perspectives on an issue, and creating space for dialogue and dissent. It is the active appreciation of the rich tapestry of human cultures and viewpoints.

• Significance of Tolerance in Civil Services:

  • Protecting Freedom of Speech and Expression: A tolerant society is one where dissent and differing views are not suppressed. As Voltaire famously articulated, “I disapprove of what you say, but I will defend to the death your right to say it.” A civil servant must protect this fundamental right, ensuring a safe space for public discourse.
  • Upholding Pluralism: India’s strength lies in its “unity in diversity.” A tolerant administrator respects and protects the rights of all communities, including religious, ethnic, and linguistic minorities, ensuring that policies are inclusive and just. This echoes the policies of rulers like Emperor Ashoka, who in his Rock Edict XII, called for tolerance among all sects.
  • Championing Rights of the Marginalised: The courage to stand up for the rights of vulnerable sections (like Dalits, Adivasis, LGBTQ+ community) stems from a deep-seated value of tolerance and empathy. It is about understanding and validating experiences that are different from one’s own.
  • Better Decision-Making: A tolerant officer is a better listener. By being open to a wide range of inputs and criticisms from various stakeholders, they can make more informed, comprehensive, and robust decisions, avoiding the pitfalls of ‘groupthink’.
  • Promoting Social Capital: When an administrator acts with tolerance, it fosters trust and harmony between different communities and between the citizens and the state. This social cohesion, or ‘social capital’, is vital for peace and development.
  • Serving in Diverse Contexts: All India Service officers have a cadre system that requires them to serve in different parts of the country, exposing them to varied cultures, languages, and customs. Tolerance is an indispensable trait for them to be effective and respected in any region.

• Ways to Inculcate Tolerance:

  • Exposure to Diversity: The ‘Bharat Darshan’ (tour of India) for officer trainees is a structured programme designed to expose them to the diverse cultural, social, and economic landscape of the country, fostering a national perspective and appreciation for diversity.
  • Culture of Deliberation: Encouraging debates and discussions during training on contentious social and political issues helps develop the ability to engage with opposing viewpoints respectfully.
  • Strict Code of Conduct: The service rules must have stringent provisions against any form of discriminatory behaviour by civil servants based on caste, religion, gender, or region, with swift and exemplary punishment for violations.
  • Promoting Teamwork: Activities like team sports and group projects during training force individuals from different backgrounds to collaborate, breaking down prejudices and building camaraderie.
  • Field Visits and Interaction: Regular and structured interaction with people from all strata of society, especially the most marginalised, helps build empathy and breaks down stereotypes, which are often the root of intolerance.

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Prelims Pointers

• Key Quote: “The world suffers a lot not because of the violence of the bad but because of the silence of the good” - Attributed to Napoleon Bonaparte.
• Key Legislation: Whistle Blowers Protection Act, 2014.
• Key Judicial Pronouncement: T.S.R. Subramanian vs. Union of India (2013) case led to the Supreme Court’s direction to establish a Civil Services Board (CSB).
• Important Committees & Commissions:
  • Second Administrative Reforms Commission (2nd ARC): Recommended fixed tenure, a Code of Ethics for Ministers, and defining Minister-Civil Servant relationships.
  • Hota Committee (2004): Recommended performance-based appraisal systems.
  • Vohra Committee Report (1993): Commented on the nexus between criminals, politicians, and bureaucrats.
  • Nolan Committee (1995, UK): Established the ‘Seven Principles of Public Life’, including Objectivity and Impartiality.
• Constitutional Provisions:
  • Article 14: Equality before Law.
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
• Key Concepts:
  • Public Service Motivation (PSM): A theory suggesting an individual’s motivation is rooted in a desire to serve the public.
  • ‘Steel Frame’: Term used by Sardar Vallabhbhai Patel for the civil services.
• Historical Examples:
  • Emperor Ashoka: Promoted religious tolerance through his rock edicts (e.g., Rock Edict XII).
• Training Programmes: ‘Bharat Darshan’ is a study tour for officer trainees to expose them to the diversity of India.
• Key Individuals:
  • T. N. Seshan: Former CEC known for electoral reforms.
  • Ashok Khemka: IAS officer known for exposing alleged corruption.
  • Armstrong Pame: IAS officer known for building a “People’s Road” through crowdfunding.

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Mains Insights

On Courage

1. Dilemma: Courage vs. Discretion:

   • Analysis: While courage is celebrated, a civil servant must balance it with prudence and institutional discipline. Constant confrontation with the political executive, even if on righteous grounds, can lead to administrative paralysis and render an officer ineffective.
   • Perspective: The key is ‘courageous discretion’—knowing which battles to fight, how to build consensus, and when to use formal channels versus public dissent. The goal is to solve the problem, not just to make a point.

2. Structural vs. Individual Factors:

   • Debate: Is courage an innate personal trait, or is it fostered by the system? While individual character is paramount, a system that punishes courage (through transfers, inquiries) and rewards sycophancy will inevitably demoralise even the bravest officers.
   • Cause-Effect: Lack of institutional safeguards like an effective Civil Services Board and Whistleblower protection directly leads to a ‘culture of silence’ and risk aversion in the bureaucracy, impacting governance quality.

On Dedication to Public Service

1. Motivation Crisis in Civil Services:

   • Analysis: Over time, the initial dedication of many officers can wane due to factors like political interference, systemic apathy, lack of recognition, and poor working conditions. This leads to a shift from a ‘public service’ ethos to a ‘career management’ mindset.
   • Way Forward: The solution is not just about extrinsic motivation (like performance-linked pay, which can be difficult to measure in public service) but also about fostering intrinsic motivation. This involves granting greater autonomy, celebrating successes, creating peer-support networks, and providing continuous learning opportunities to prevent burnout.

2. Dedication and Emotional Intelligence:

   • Linkage: True dedication is not blind passion; it must be coupled with high emotional intelligence (EI). An officer must be empathetic to public needs (a component of EI) but also resilient and self-aware to manage the stress and frustration inherent in the job. A dedicated but emotionally volatile officer may do more harm than good.

On Impartiality and Non-Partisanship

1. The Neutrality vs. Commitment Debate:

   • Historiographical Viewpoint: In the 1970s, the concept of a ‘committed bureaucracy’ was promoted, suggesting that civil servants should be committed to the ruling party’s developmental ideology. This was countered by the traditional Weberian view of a value-neutral bureaucracy.
   • Modern Synthesis: The contemporary view is that a civil servant should be non-partisan (not committed to a political party) but must be deeply committed to the values of the Constitution (justice, liberty, equality, fraternity) and the cause of public welfare. They must be neutral in politics but not neutral in matters of constitutional morality and ethics.

2. Creeping Politicisation and its Consequences:

   • Cause-Effect: The increasing trend of bureaucrats identifying openly with political parties, especially post-retirement, erodes public trust in the institution’s apolitical character. It creates a perception that their actions while in service might have been biased to secure future political patronage.
   • Solution Analysis: A mandatory and longer ‘cooling-off period’ before joining politics is a potential solution. However, its effectiveness is debatable as it may infringe on an individual’s rights as a citizen after retirement. The key lies in strengthening the internal accountability and ethical culture of the services.

On Tolerance

1. Tolerance vs. Appeasement:

   • Ethical Dilemma: A civil servant must distinguish between being tolerant of diverse customs and viewpoints, and appeasing unlawful or socially regressive practices in the name of tolerance. For example, being tolerant of a community’s festival is appropriate, but tolerating illegal practices like child marriage or honour killings under community pressure is a dereliction of duty.
   • Guiding Principle: The line is drawn by the Constitution and the law of the land. Tolerance must operate within the framework of constitutional values; it cannot be an excuse to violate fundamental rights or legal principles.

2. Role in Managing Social Media and Fake News:

   • Contemporary Challenge: In an era of social media-fueled polarisation, a tolerant administrator’s role is more critical than ever. They must be proactive in countering misinformation that incites hatred while protecting legitimate free speech.
   • Actionable Insight: This requires not just tolerance but also skills in digital literacy, community engagement, and rapid communication to act as a voice of reason and authority amidst chaos.