Public/Civil Service Values & Ethics In Public

Administration-

Chankaya focused on good governance for people welfare which

can be achieved by -“In the happiness of his subjects lies
the happiness of the king” – Kautilya

good leader- ''when the king is active, the servants become

active following his example. If he is too remiss, they too become
remiss.''An ideal leader must be a combination of Raja And Rishi .
like a raja , he should be dynamic, active and decision maker; like
a rishi, he should be wise, virtuous and emotionally intelligent.

Ramsay Muir-'' govt may come and go, ministries may rise and
fall but administration of a country forever goes.''

traditional bureaucratic paradigm needs to be changed and

reformed and suited to the contemporary context of Indian
bureaucracy.--
MAX WEBER’s LEGAL-RATIONALITY MODEL OF
BUREAUCRACY-

(1) Traditional authority - Hereditary, monarchy

(2) Charismatic authority - Powerful leadership and his
followers
(3) Legal-rational authority- bureaucracy (hierarchial
authority)

BUREAUCRATIC MORALITY- Max Weber felt that bureaucracy

should be designed according to a rational principle. According
to him, bureaucrats should be guided by rules and regulations
which should override moral and ethical norms of personal
conscience.A bureaucrat acts as a facilitator only. Hence, the
bureaucrats should not use his discretion in public administration
and their actions should be guided by standard operating
procedures (SoP) set by political
executives. It is best suited for developed countries , not for
countries like india.
INDIAN BUREAUCRACY follows bureaucratic morality --India
need to undertake various socio-economic challenges like
Poverty, Malnutrition, Caste inequality etc. and for this, what’s
imperative is values/ethics in administration such as
empathy, equity, compassion, integrity, non-partisanship,
impartiality, etc. For example, poor old man without a valid
document may not get his pension under the Weberian model of
bureaucracy, on the other hand, there’ll be special provisions like
positive discrimination to help the

vulnerable sections of society under the “Development

Bureaucracy.”

Bureaucracy is the backbone of Indian administrative

system. Its complexion is changing with the change in the socio-
cultural and economic scenario.
--Based on developmental model of Bureaucracy.

--Cooperation, Public service values and moral values, Distributive

justice are the characteristic features.
--Personal conscience, ethical values like empathy, compassion
towards weaker section of people, integrity, honesty,
accountability and transparency plays equal role along with rules
and regulations.
--Decentralisation of power and delegated legislation.

--Right to Information, Good governance as well as New Public

Management, Digitalisation and transparency so gradual
reduction of political interference, Enhancing public service
values.

IMPORTANCE OF ETHICS IN PUBLIC ADMINISTRATION--

1. Ethics provide a framework for accountability between

the public and administration. --ethical use of resources
ensures the efficient and effective development of society without
corruption.
2. The ethical standards of Impartiality and objectivity bring
merit into organization. thereby, increasing predictability, which
improves economic efficiency.
3. Curb corruption: Improving efficiency and break the unholy
nexus between the administration and the antisocial elements.
4. Public trust and assurance: every section of public
irrespective of race, religion, caste must be treated equitably and
ethics ensures just and fair administration.
5. Social capital: a just and ethical administration will have
credibility and ensures citizen participation in
administration.
6. The administration becomes responsive to the needs and
aspirations of the public. For instance, creation of a separate
public market for road side vendors before their evacuation in
west Bengal.
7. To inculcate high moral standards in public servants and
their ensure translation into actions.

Absence of ethics results in authoritarianism, suppression of

minority rights, high corruption and impoverishment of the
poor and the vulnerable. There is no Code of Ethics prescribed
for civil servants in India although such codes exist in other
countries. What we have in India are several Conduct Rules, which
prohibit a set of common activities.
OECD’s EIGHT KEY COMPONENTS FOR CREATING STRONG
ETHICAL ADMINISTRATIVE FRAMEWORK:-

1. Effective Legal Framework

2. An Active and Dynamic Civil Society -

3. Political Commitment-

4. Central Ethics Coordinating Body-

5. Conducive Public Service Conditions -

6. Professional Socialization Mechanisms-

7. Monitorable codes of conduct

8. Efficient Accountability Mechanisms-

PUBLIC SERVICE VALUES:-

1. ACCOUNTABILITY:- Accountability implies both

‘answerability’ (or giving an `account' of actions taken)
and ‘enforceability’ (or punitive measures for illegal,
inadequate, and improper performance).

2nd ARC ON ACCOUNTABILITY- under the present system, very

rarely is a government servant punished or removed for poor
performance. there is also need to find a systemic solution to the
issue of complacency that stems from the life long job security
coupled with lack of penal consequences for nonperformance or
inadequate performance. there is need to have a comprehensive
in-depth assessment at important milestones in an officer’s
career.

Accountability chain--

BUREAUCRAT --POLITICAL EXECUTIVES--PARLIAMENT--THE

PEOPLE

Accountability mechanism--

external-- Parliament, Judiciary, Lokayukta, CAG, CVC

internal- superior officers, performance management system,
auditing, grievance redressal mechanism.

outside the state- RTI, Citizen charter, media , civil society.

Being accountable requires more loyalty and conditions of less

exit and less voice to be used.

significance of accountability--
 - Controlling abuse of bureaucratic power and discretion
• There must be an assurance that performance will be in
accordance with standards and quality.
• Basic purpose of accountability is to make a close fit between
administration and democracy.
• Make laws work as intended with a minimum of waste and delay
• Exercise lawful and sensible administration discretion
• Recommend new policies and propose changes in existing
policies and
programmes as needed
• Enhance citizen confidence in the administrative institutions of
government.

STATUS & PROBLEMS IN PUBLIC SERVICE VALUES:-

1. mechanised and materialistic way of life.

2. nature of selection of public servants

3. prevalance of corruption in system

4. no linkage of public service values with performance

5. Fitness Bar – As career progressing there is no performance

appraisal to measure civil servants’ integrity and honesty.
According to 2nd ARC report, Civil servants should be
reviewed for every 14years whether they are suitable to the
present-day administration challenges.

ETHICAL DILEMMAS:-

framework of ethical dilemma-

1. secrecy vs transparency--
secrecy--
Ethically correct if:
• If that information deal with national security and revealing such
information may treat to Integrity and sovereignty of India.
• Defence related information should be maintained secrecy but
they should be unclassified after certain number of years like UK
un-classifies for every 40 years.
• Budget preparation information to be keep it as secret until it is
officially presenting in the parliament.
• Tender or bidding or auction related information.
• It is unethical to maintain secrecy anything which related
allocation of resources in the governance process.

transparency--
When to be maintain Transparent?
• Fund allocation to various departments and various schemes
• Funds utilisation
• List of beneficiaries of govt services and subsidies
• Govt servants’ personal financial assets
• If any govt servant receives private gifts to be keep in record
• International funding to social activities
• Status of developmental works in a locality.
• Private individuals and private corporates funding to political
parties. They should be open to RTI.

2. Duty Vs Personal relationships-

duty-
• Nation goals and priorities first and personal relationships are
only to be next in line.
• There is no Nepotism in official duty and in selection of officers
in recruitment.
• Officials use social media only to engage with public than self-
promotion. Too much active in social media diverts attention from
his official duty.
• If there is any conflict of interest which involves his/her family &
relatives, he should declare his statement regarding that and to
be fair she/he should stay away from it.

personal relationship-
• Before entering into civil services officials took oath to abide by
the constitutional values and duty first. Therefore, family should
understand his official responsibility and give him/her support to
perform his/her duty better.
• Family members can’t use govt assets for personal interests
(Use of govt vehicle for personal trips).
• There is a treat to family members from goons while carrying
his/her official duty in honest way so its duty of the govt to
protect his/her family
members.
3. Superior Orders/Laws/Rules Vs Conscience
Superior Orders/Laws/Rules -
• If there is any pressure from superiors or ministers on officials to
be in favour of them, request them to written communication
instead of
just oral communication.
• Rules & regulations and law are just means to achieve societal
development but not ends.
• If there should any relaxation in rules superior’s permission to
be sought and convince them for approval.

conscience-
• Any action which is not in line with our conscience to be
considered as unethical, so listen to your conscience before
taking any decision.
• Actions should be rational and compassionate towards weaker
sections
• If there is any urgency to act according our conscience in
situations like communal clashes, send a detailed report of higher
authorities in
support of your decision.
4. Non-Discrimination Vs Preferential Treatment
Non-Discrimination-
• Should not be discriminated based on solely religion, caste,
gender etc.
• Rule of law – Everyone should be treated equally and should be
impartial and nonpartisan.

Preferential Treatment-
• Preferential treatment given to those only for weaker sections of
society to uplift them on the development ladder – Positive
discrimination.
• Promotes compassion and empathy towards weaker sections
and vulnerable sections of the society.
• To be given only till certain period till they uplift.
• Preferential treatment can’t be given strategic sectors like R&D,
Defense, secretary level posts. They should be based on merit but
not on
reservations.
5. Business Vs Social responsibility
Business-
• “Commerce without morality” is a sin therefore business
should run on ethical and moral values which does not affect
public health, environment.
• Business should be based on ethical capitalism but not on crony
capitalism.
• They can earn profits to run business but profit is not the only
motive for such businesses.
• Survival of negative goods industries like tobacco, alcohol is
itself an ethical question but they are creating an employment
opportunities
so higher taxes on such negative goods should be a ethical but
same time its unethical to encourage them because they affect
public health.

Social responsibility-
• Cost reducing in office expenditure can save money which can
be diverted to social responsibility.
• During COVID-19 pandemic most of the corporates donated
money to PM-CARES fund.
• Encouraged to adopt villages under social responsibility.
• If people lost land due to industry setup in their locality it’s her
moral responsibility to provide livelihood to the people and
creating social
infrastructure.
APPROACHES TO SOLVE THE ETHICAL DILEMMA-
Virtue Approach- In ethical dilemma, moral actor following
virtue approach asks himself whether the decision represents the
kind of person he is or he want to be.'' everyone is obliged to act
in ways that respect the human dignity and moral rights of all
persons.''
Criticism: There is no objective list of virtues for the
government functionaries.
Kantian Approach- a person has to always choose duty
principle over other values. Thus ethical dilemma can be
solved by doing the right things so that people are treated as
ends and thus their own rights can be fulfilled.
• Criticism: Only rights of people cannot be sole factor in
resolving ethical dilemmas as economical, social as well as
environmental costs are also involved.

Law As Source Of Ethical Guidance- For civil servants

constitution is final arbitrator in case of ethical dilemma as it
is the supreme law based on which other laws are framed.
• Criticism: Inconsistency in laws, loopholes, coercive and
collusive nature of laws render them ineffective and thus act as
incompetent guide to resolve ethical dilemmas.

Situational Ethics- considering and assessing the background of

an action also becomes important for resolution of any ethical
dilemma.

Conscience As Guide To Resolve Ethical Concerns-

conscience are the internalized values which make us reflect
on life and ask “what is it that I should do to make the ethical
choice”, and that ethical choice is not influenced in any way by
any other person and event.
Justice Approach- John Rawls- justice is part of central
core of morality. Aristotle also emphasised ''equals should
be treated equally and unequals unequally.''
Criticism: principle of justice can harm the social welfare in long
run.
Utilitarian Approach- the value can be chosen by finding
out which option will produce the most good for maximum
number of people.
criticism - means to achieve happiness are not considered , only
ends considered. even if the happiness creates disadvantage to
minor group of society then also justified.
Common Good Approach- It describes specific goods that are
shared and beneficial for all or most members of society.
Attention should be paid not just to individual good but also to
common conditions that are important for the welfare of all.
Criticism: Individuals can become free riders while taking the
benefits of the Common Good while refusing to contribute and
support the Common Good.

Rights Approach- Rights are justified claims on others.

Right comes with duties as liberty and equality goes together.
This approach starts from the belief that human have a dignity
based on their ability to choose freely what they do with their life.
Criticism: Right should not be the soul consideration in Ethical
Decision making. Sometimes the rights themselves may be in
conflict with each other and one has to decide which right has
priority.

Gandhi’s Talisman approach- '' Whenever you are in doubt, or

when the self becomes too much with you, apply the following
test. Recall the face of the poorest and the weakest man [woman]
whom you may have seen, and ask yourself, if the step you
contemplate is going to be of any use to him [her]. Will he [she]
gain anything by it? Will it restore him [her] to a control over his
[her] own life and destiny? In other words, will it lead to swaraj
[freedom] for the hungry and spiritually starving millions? Then
you will find your doubts and your self melt away."
gandhi talisman helpful in- inclusive policy making,
provisions for marginalised, resources utilisation,
handling criticism.
whenever solving an ethical dilemma -
rule of law must be followed and it should be keep in mind that
excellence, effectiveness , economy and efficiency of
administrative machinery remains working as per needs of
people. ethics should be maintained as it is as important for civil
servant as blood for human body.
SOURCES TO THE ETHICAL GUIDENCE IN PUBLIC
ADMINISTRATION-
1. LAWS, RULES & REGULATIONS:-
Laws- '' Law is codified ethics enforceable by judicial
system.'' Laws are rigid in nature and their violation may attract
punishment from the state.
RULES- Rules made by the government can have force of law and
applicable for all. example traffic rules; while the rules
Framed by the private organizations are limited to that particular
organizations and its employees.
REGULATION- Regulations are standards and rules adopted by
administrative agencies that govern how laws will be enforced.
CONSCIENCE:
“There is a higher court than courts of justice and that is
the court of conscience. It supersedes all other courts.” -
Mahatma Gandhi
All that we are is the result of what we have thought. The mind is
everything. What we think, we become”- Buddha.
'' My conscience is held captive by the word of God. To act
against conscience is neither right nor safe.''- Martin
Luther King.
Everything that an administrator does originates from his / her
mind. effectiveness in functioning also arises by his mind.
As Swami Vivekananda said “If you talk to yourself daily
you can bring a better person out of yours”.
The first time you try the Quiet Time, review your life as you have
lived so far. "A life not examined is not worth living!". See where
you have fallen short of your own values and convictions -write
them down. Reflect on how you can make amends for things you
have done wrong. It often helps to share these with a trusted
friend. The four absolute moral standards of:
1. Honesty
2. Purity
3. Unselfishness and
4. Love serve as good measuring tools.
ETHICAL & MORAL VALUES IN GOVERNANCE-

dimension of Good Governance--

1. Empathetic orientation towards citizens / customers:
2. Commitment to excellence:
3. Reliability and trustworthiness:
4. Creative problem-solving ability:
5. Timeliness:
6. Tolerance for pressure:
7. Service recovery mind-set:
good governance defined by world bank- ''sound public sector
management with accountability, free info flow and a legal
framework for developement.''
 by John Locke.

problems faced by administrators in governance--

1. Conflicts between one’s duties in the public domain and one’s
personal life
2. Problems arising from a lack of inter-departmental co-operation
and teamwork
3. Dealing with immature and arrogant bosses
4. Inability to respond speedily because of the fear of rapid
change and chaos all around
5. Inter-personal conflicts between people
6. An inner conflict between one’s values and professional ethics
on the one hand, verses “the pressures” of political bosses and
public expectations on the other resulting frequent transfers and
postings.
7. Problems of low morale of staff due to low wages and low
opportunities for promotion
8. Dealing with immature and arrogant bosses
The more administrators can expand their understanding and
consciousness, through Inner Transformation. They will become a
tool for clean, compassionate and competent governance.
INTERNATIONAL ETHICS & FUNDING:-
International ethics refers to the international interactions,
exchanges, relations can bring good to our planet earth and to all
life forms and can bring harm by unfriendly, hostile,
uncooperative behaviours. ex. UN has been promoting various
principles of friendly and cooperative and peace related
humanitarian international actions.
International ethics may be fruitfully defined as that which
enables one to participate more actively in shaping and
building good international community.
PHILOSPOHY OF INTERNATIONAL ETHICS:-
1. REALISM VS INTERNATIONAL ETHICS:-
Realism is that the most powerful nation on earth will have
no one to challenge its power and so there will be peace. The
realist approach to international sphere or international relations
is simply to deny any role for common or shared ethics, and
create an ethically neutral zone or an ethics free zone
which can be filled
by the power of one who is dominant.
Consequences of Realism:- anarchy, human rights
violation, international conflicts, war , value system
corrupt.
FACTORS THAT PROMOTE INTERNATIONAL ETHICS-
1. Idealism- It seeks to build the international sphere on the
basis of idealist values that are of common interests to nations
participating in any international issues and problems. ex.
a. Trade as a common interest – Global supply chain
b. International treaties that promote common good like Paris pact
2. CONSTRUCTIVISM- constructivism allows for influence of
national identities and its constructions on the
international sphere. International sphere can also be a place
where various identities can melt into more humane
understanding between people in and through the ‘give and
take’ of identity respects and exchanges. Examples:
• Islamic nations appeal to other nations in the name of religion
• Indian cultural identity given prominent importance in countries
like Bhutan, Nepal, Seychelles, East Asian nations where connects
with Hinduism and Buddhism
3. COSMOPOLITANISM:- It empowers international ethics and
developement of global values and ethics. It relies on philosophy
of vasudeva kutumbakam. it follows morally legal behaviour,
where rules and laws do not exist all should come together to
negotiate the rules and laws that are ethical . behave as you want
others to behave.
Examples:
• India got huge support from across the world in elections for a
judge at International court of Justice (ICJ)
• India sent HCQ drug to 55 corona hit nations with solidarity
4. CONSTRAINED CHOICES: choices may be constrained by the
necessity of pleasing the domestic political support and widening
the support for the ruling party or coalition. ex. India withdrawn
from RCEP due to economic constraints – Here National interests
are clear and joining the group may harm our economy.
- Passing of Citizenship amendment act may hamper relations
with Islamic countries. Rohingyas – Country’s Security versus
morality
5. Equality of Life- Respect for life should guide international
ethics, in thought, word and deed. Life of every person has same
value whether it be a king or a poor person.
ex. • Arab conflict – Yemen population dying with starvation
• Israel and Palestine conflict and losing of so many innocent lives
Ukraine- Russia war took so many innocent civilians life
Rohingya muslims suffering due to unrecognised rights
ECONOMIC, SOCIAL AND ENVIRONMENTAL FRAMEWORK:-
The various international declarations and conventions do
provide the necessary framework for cooperative and
collaborative international action necessary to solve
international problems. universal value-based frameworks are
most helpful as they provide space for all participants to make
their representation and contribution. Examples:
• Universal declaration of human rights
• UN conference on sustainable development
International ethics directs us in the direction of building an
international community in which every other community can
actively and fruitfully participate and flourish.

ROLE OF INDIA IN ENCOURAGING ETHICAL DISCOURSE IN

INTERNATIONAL RELATION:-
1. Constitution of India -Article 51 (DPSP)
2. PANCHSHEEL
3. NON-ALIGNED MOVEMENT (NAM)
4. GUJRAL DOCTRINE-
5. NUCLEAR DOCTRINE OF INDIA- no-first-use policy, "credible
minimum deterrence."
6. REFUGES POLICY- India harbours one of the largest
populations of refugee despite not signing UN convention on
Refugee.

Ethical issues in international affairs-

1. humanitarian interventions- ex. refugee crisis
2. disarmament- ex. USA sanctions on Iran
3. intellectual property rights- ex. Life changing medicines
4. global commons- ex. antarctica, outer space, global warming.
5. climate change- ex. CBDR, technology and funding
arrangement.
6. trade negotiations- ex. Doha round

Ethical issues in international funding-

1. erodes soveregnity- ex. IMF bailout in 1991 forced india to
carry out LPG reforms.
2. philanthropic colonalism- ex. china funding of pakistan part
of one belt one road initiative has trapped pakistan in debt.
3. religious conversion- ex. Dr. Zakir Naik who received huge
funding from Arab nations investigated and charged with money
laundering and forcefully conversion of religion.
4. encourage successionist tendency- ex. foreign funding
from diff. nations encouraged Khalistan movement in india.
5. international NGO- ex. vadora based ngo found guilty in
religious conversions. even there is increasing trust deficit
between govt and citizens, as they are suspected to act as
mandated by their funding agencies.
Kautilaya in arthshastra- '' the best strategy to cramble an
enemy revolt is to cut off its funding.''
CORPORATE GOVERNANCE :-
Uday Kotak committee on corporate governance “Corporate
governance deals with the ways in which suppliers of capital to
corporations, especially faceless, powerless small investors, can
assure
themselves of getting fair treatment as stakeholders.”
corporate governance can be defined as a set of system,
processes and principles which ensures that a company is
governed in the best interest of all stakeholders.
NEED OF CORPORATE GOVERNANCE:
• To prevent from Monopolistic practices in the business
• To stop Predatory pricing for example e commerce sites like
amazon and flipkart intentionally reducing prices to eliminate
competitors
• No Inside trading
• To monitor companies if there is any evasion of taxes and
money laundering activities
• To maintain an accountability and transparency in the accounts
of corporates
• To audit the accounts of the business corporates from time to
time by a third party
• To protect interests of the shareholders of that company
• To protect autonomy of the independent director in the Board of
Directors
• Good corporate governance helps to build an environment of
trust, transparency and accountability necessary for fostering
long-term investment, financial stability and business integrity,
thereby supporting
stronger growth and more inclusive societies.
• For Corporate Social Responsibility (CSR)
STRENGTHENING OF CORPORATE GOVERNANCE:-
OECD recommended following principles to be followed in
corporate governance:-
1. promote transparent and fair markets, and the efficient
allocation of resources.
2. protect and facilitate the exercise of shareholders’ rights and
ensure the equitable treatment of all shareholders.
3. ensure the strategic guidance of the company, the effective
monitoring of management by the board, and the board’s
accountability to the company and the shareholders.
4. Integrity should be a fundamental requirement in choosing
corporate officers and board members. Organizations should
develop a code of conduct for their directors and executives
that promotes ethical and responsible decision making.
5. Protection to Corporate whistle-blowers.
Second ARC report on Ethics in Governance also
recommended various recommendations to enhance values and
ethics in Corporates.--
1. ARC was further of the view that corruption within the private
sector should be tackled through the effective enforcement of
existing laws and regulations. scams like harshad mehta scam, 2G
scam, ketan parekh scam, satyam scandal, nirav modi and vijay
malya type fugitive economic offender.
2. The Prevention of Corruption Act should be suitably
amended to include in its purview private sector providers of
public utility services. Non-Governmental agencies, which
receive substantial funding, should be covered under the
Prevention of Corruption Act.
measures to achieve corruption free private sector-
- Promoting cooperation between law enforcement agencies
and relevant private entities.
-Promoting the development of standards and procedures
designed to safeguard the integrity of relevant private entities.
- Promoting transparency among private entities and
Preventing the misuse of procedures regulating private
entities.
-Preventing conflicts of interest by imposing restrictions, as
appropriate and for a reasonable period of time.
- Ensuring that private enterprises, taking into account their
structure and size, have sufficient internal auditing controls to
assist in preventing and detecting acts of corruption.

ETHICAL PERSPECTIVE OF CSR:--

''when the right hand donates, the left must not know.''
This is the basic philosophy of philanthropy and social
service.
The basic principle behind Corporate social responsibility is based
on Adam smith’s Ethical capitalism and Gandhiji’s “Commerce
without morality”.
CSR can be referred as the corporate initiative to access and
take responsibility for the company's effect on enviornment,
social welfare and inclusive growth . ex. Bill Gates and Melinda
foundation, Tata trusts etc.
National Voluntary Guidelines on Social, Environmental
and Economic Responsibilities of Business, 2011' was goven
initially as set of 9 principles for CSR , Later companies act 2013
led a statutory backing to CSR.
ethical dilemma in CSR-
1. company's profit vs social-economic sustainability
2. building customer base by good image through CSR vs
covering one's unethical deeds
3. spent of CSR funds in areas of maximum visibility vs
transparency and accountability in funds spending
4. ethical spending by conscience vs mandatory compulsion of
companies act 2013
5. building healthy society vs running buisness effectively
ways ahead- - CSR should be voluntary as obligations using laws
find loopholes to escape.
-auditing of activities properly under CSR
- Transparency and buisness accountability towards employees
and customers should be equal importance.
examples--SBI adopted villages in Uttarakhand for developement
of rural social and infrastructure facilities under village adoption
scheme SBI ka apna gaon.
--reliance industry ltd. launched countrywide initiative project
drishti to restore eyes of visually challanged indians from weaker
sections of society under CSR.