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✅ Ethics, Integrity & Aptitude/
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✅ Pillar 2 - Application - By JG Sir & VK Sir/
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By Vivek Kaushik Sir
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By Vivek Kaushik Sir

General Sequence of Secretaries
  1. Secretary
  1. Additional Secretary
  1. Joint Secretary
  1. Deputy Secretary
Public Civil Service Values and Ethics in Public Administration
Introduction
  1. The Word Public in Pub Ad has three meanings
    1. As a Synonym of Govt to differentiate govt administration from private administration
    2. It activities affect masses directly or indirectly
    3. Activities are performed out of public funds
  1. Pub Ad is different from Pvt Ad, therefore ethical concerns and dilemmas can be different
Following are the Features of Pub Ad
  1. Pub Ad is guided by Pol Exec, where as Pvt Ad is largely free from it
  1. Pub Ad has to maintain political neutrality
  1. Pub Ad has to maintain anonymity, it works behind the stage and the success or failure of any policy is on the political executive
  1. External Financial Control - Activities of Pub Ad are regulated via budget approved by parliament
  1. Consistency of Treatment i.e every citizen has to be given a uniform and consistent treatment
Governance
Introduction
  1. In Simple Terms, Governance Means the way in which a country is governed. It is not just about Government
  1. Difference Between Governance and Government
      2. Government
      Governance
      Quantitative Term
      Qualitative Term
      Refers to Physical Institutions
      Actual Delivery of Services to Citizens
      Its about File
      Its about Life
Governance by Various Personalities
  1. The Term Good Governance is of Recent Origin & Popularity, although the concept is not New. From time to time, various scholars have given ideas on Good Governance and Efficient Administration
  1. “Kautilya” in his “Arthashastra” gave some principles of Good Governance
    1. Ex 1 : in the happiness of subjects is the happiness of king
    2. Ex 2 : Qualities of Civil Servants
    3. Ex 3 : Principles of Taxation
    4. Ex 4 : Types of Corruption & Ways to Handle them
  1. “Plato” in his “Republic” gave ideas on qualities of a King. a King should be a Philosopher
    1. Qualities of a King
    2. Education Philosophy
  1. “Aristotle” in his “Politics” Gave Ideas such as Citizenship, Ideal Government etc
  1. “Machiavelli” in his book “The Prince” gave practical advice on governance. He is often called as a First Realist (It is opposite of Romantic)
  1. “Mahatma Gandhi” talked about Swaraj and Suraj. Indian Constitution Makers were not Unaware of Concept of Good Governance
      2. Article 37 of CoI says that DPSP’s shall be fundamental in Governance of the Country
  1. World Bank Defines Governance as the Manner in which power is exercised in the management of a country's economic and social resources
What Led to the Idea of Good Governance
After Second World War a Number of Colonies got their Independence from their Colonial Masters. These countries had many common conditions and problems like Poverty, Hunger, Malnutrition, Illiteracy etc
World Bank Provided Financial Assistance to these countries, when these countries again approached world bank for financial assistance, world bank expected results
World Bank Instituted a Study in Sub Saharan African Countries. This Study concluded that there is a strong connection / link between the quality of governance or Pubic Ad in a country and its economic development
World Bank Observed that the countries of third world were poor not because they had lack of Resources, but because the governance was poor
This Led to Chicken Egg Causation
Indicators of Governance
Indicators of Bad Governance
Indicators of Good Governance
Corruption
No or Little Corruption
Secrecy
Transparency
Delays - Red Tapism
No Red Tapism
Absence of Accountability
Accountability
Nepotism & Favouritism
No Nepotism & No Favouritism
Centralisation of Power
Decentralisation of Power
Absence of people participation in Administration
Participation by Social Audit, Gram Sabha and Citizen Charter etc
Lack of Free and Fair Elections
Free and Fair Election
Monopoly of State
Competition (Privatisation)
Absence of Rule of Law
Rule of Law
Formalism (Gap Between Prescribed Rules & Rules Actually Followed)
No Formalism
 
Evolution of Ethical Concerns in Public Administration
  1. Administration means to “Take Care”
  1. Initially Public Administration was considered just as Administration of Governmental Affairs and Therefore Ethical Concerns were also considered Similar
  1. Thus Initially Pub Ad was accepted to be Efficient Economical and Effective. However later it was realised a Pub Ad which is concerned only with managerial objectives of efficiency, economy and effectiveness will not be able to solve the critical problems faced by society
  1. So Therefore with time, Ethical Concerns in Pub Ad were Evolved
New Public Administration (NPA)
  1. In 1950 & 60’s the status of USA was increasing but it also faced certain challenges like, protest against vietnam war, black rights movement etc
  1. American Administration was not able to respond to these critical problems faced by american society, in this background, Dwight Waldo, a young Professor called a Conference, in Sarquese University and the outcome of this conference was called New Public Administration
  1. NPA Recommended new goals for Pub Ad and Not Just Managerial Goals of efficiency, economy and effectiveness.
  1. New Goal 1 - Relevance
      2. It means that PA should be able to address the problems faced by Society, for this it should ask relevant questions
  1. New Goal 2 - Values
      2. Traditionally, PA was supposed to be a Value Free Instrument in the hands of Political Executive
      Example : Hitler's Administrator killing Jews was not wrong then
      NPA Rejects this Value Neutrality it recommends that Pub Ad Must have Right Kind of Values. CS should be able to Question the Policies
  1. New Goal 3 - Equity
      2. It means citizens should be treated not only with equality but along with redistribution of Resources & opportunities
  1. New Goal 4 - Change
      2. Traditionally PA was considered Status Quoist, But NPA recommends that PA should try to bring change in Terms of Socio Economic Transformation in Society
Public Choice Approach (PCA)
Main Propositions of PCA are as follows :
Human Behavior is Governed by Self Interest
Every Individual is a Self Utility Maximiser. Every Person remains Selfish in every situation even as a Member of Politics or Bureaucracy
Rational Man
Decision = Pleasure - Pain
Senior Civil Servant → Secretary, Additional Secretary, Joint Secretary
Every Man is Rational Enough to rank choices after a cost benefit analysis and choose the best alternative.
Govt as a Collection of Individuals
Govt is nothing but a collection of Self Interested Individuals
Theory of Govt Failure
If Markets can fail, so can the Govt. for Example, The Great Depression was a Failure of Market. It led to increased role of Public Sector in Economic activities, but in 1970 and 80 many Govts stated feeling because they had high borrowings, high fiscal deficit, Balance of Payment Crisis
Pareto Efficient Distribution of Goods by Wilfred Pareto
It is also called Theory of Economic Nirvana
This concept Refers to distribution of Goods to members and society in such a Manner that No Person can be made better off without making someone else worse off.
PCA argues that market can achieve Pareto Efficient Distribution of Goods & Therefore monopoly of Pub Sector should be dismantled and competition should be encouraged
PCA recommends more values for PA like Competition Orientation, Customer Satisfaction, Enterprising Government, Preventive Focus rather than Reactive.
 
Context of Ethics and Its Significance for PA
In Ethics, Whether in Entire Society or in Administrative System, Evolves over a Long Period of time and is influenced by a Number of Contextual or Environmental Factors
The Factors Are
The Historical Context
USA
The History of a Country has a Great Influence on the Ethical Character of the Governance System. In American Administration for a Long time had the problem of corruption, nepotism, favoritism inefficiency etc because of the SPOILS SYSTEM which was prevented for appointment of Bureaucracy
Things would have continued the same way, had a disgruntled Job Seeker, not assassinated President Garfield in 1881
Thereafter Reforms were Initiated in US CIvil Services including setting up of US Civil Service Commission in 1883
India
India has witnessed a Long History of Unethical Practises in the Governance System. Kautilya in Arthashastra mentioned 40 different types of Corrupt Practises by Administrators. During Mughal Empire, Bakhshish was a common form of Bribe given to Courtiers to buy Favours. Servants of East India Company and British Government were also Criticised for being corrupt.
A Long History of Corruption in a Country creates a Trust Deficit between Citizens and Administration
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It is as difficult for a king to spot corruption in system as it is to find that whether the fish drinks the water in which it swims
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It is as difficult for a civil servant to abstain himself from corruption as it is to not taste a drop of honey put on your tongue
Socio Cultural Context
The Inner society today seems to prefer wealth over any other value. In the process of generating wealth, the means ends debate has been sidelined. A Quest for Wealth is not bad in itself but what is Important is the means employed in this quest
We seem to be living in an Economic or Commercial Society where the growth of Individual is measured in a uni dimensional manner. Unfortunately the family and school system seems to have failed in Inculcating the Right Values in our children
Legal Judicial Context
The Legal System of Country Considerably Determines the Efficacy of Ethical Concerns in Governance System
If a Legal System is not Strong Enough, anti corruption laws are unclear or have loopholes, corrupt officials are NOT discouraged from doing corruption. SImilarly, Slow Conviction, Poor Conviction Rate in Corruption Cases also does not act as a Deterrent
Political Context
The Political Leadership is Perhaps the Single Most Potent Influence on values of Citizens and Administration
The Rulers do rule the minds of people. In Scandinavian Countries, Politicians act as Authentic Examples of Integrity. The Behaviour of Politicians has a Demonstration Effect on Civil Servants
In Most South Asian Countries, Politicians are examples of gross self interest, candidates spend much more than the expenditure limit to win the election
 
Economic Context
The Level of Economic Development of a Country is likely to have a Positive Correlation with Level of Ethics in the Governance System
A Lower Level of Economic Development along with income inequalities is likely to create gap between Social Classes
The Survival of Deprived Sections of Society is at Risk and therefore they may be tempted to give up the principles of ethical conduct, not that the rich are necessarily honest, but at least they can afford to be so.
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A rich man can afford to be Ethical
Ethical Concerns in Pub Ad
An important question arises wrt moral obligation of an administrative system, an administrative system is expected to be ethical in its own conduct but also protect and promote ethical order in larger society
Moral Political Philosophy requires that rulers should not only be moral in their own conduct but also act as guardians of morality in society.
Following are some of the Desirable values or Ethical Concerns in Pub Ad
  1. Legality & Rationality
      2. An Administrator shall follow the laws rules and regulations in force. He shall perform his duties rationally i.e based on logic and facts
  1. Responsibility & Accountability
      2. An Administrator would not Hesitate to accept responsibility for his decisions and actions.
      In 1956 Lal Bahadur Shastri resigned as Railway Minister accepting his responsibility for major train accidents
      General Thapar Resigned as Chief of Indian Army after India lost war with china in october 1962
      An Administrator should be willing to be held accountable to the higher authorities and even to the people who are the ultimate beneficiaries of his decisions and actions
  1. Work Commitment
      2. An Administrator would be committed to his duties and perform his work with Involvement, Intelligence and dexterity
      According to Swami Vivekananda, Every work is Holy and devotion to duty is the highest form of Worship. Work Commitment includes Punctuality, Respect for time and fulfillment of promises
      Here work is considered not as a burden but as an Opportunity to serve and constructively contribute to society
  1. Excellence
      2. An Administrator would ensure the highest standards of quality in administrative decisions and standards and would not compromise with standards because of convenience or complacency
  1. Fusion
      2. An Administrator would rationally bring about a fusion of Individual, Organisational and social goals in situations of Conflict. Ethics Should Govern the Choices
  1. Responsives and Resilience
      2. An Administrator would respond effectively to the demands and challenges from eternal and internal environment. He would adapt to the changes in env and yet maintain the ethical standards
      In Situations of Deviation an administrator would show resilience and bounce back into the conduct at the earliest opportunity
  1. Utilitarianism
      2. While making and implementing policies and decisions, an administrator will ensure that these lead to greatest good (happiness or welfare of greatest number)
  1. Compassion
      2. An Administrator without violating the prescribed rules and laws would demonstrate compassion for the poor, disabled and week
      At Least he would not grant any benefits to the stronger section of society and not discriminate the weaker sections
  1. National Interest
      2. Civil Servants while performing their duties would keep in view the impact of his actions on his nations and prestige. The Japanese, Koreans and Chinese civil servants have at the back of their mind, a concern and respect for their nation
  1. Justice
      2. An Administrator would ensure that respect is shown to the principles of equality (Proportionate Equality), equity, impartiality and objectivity and that no special favours are given to certain persons.
  1. Transparency
      2. AA (An Administration) shall make decisions & implement them in a transparent manner so that those who are affected by his decisions are able to understand the reasons behind such decisions
  1. Integrity
      2. AA would perform duties on the basis of honesty and not use his power position or discretion to serve his personal interest or illegitimate interest of other individuals
      Integrity requires a person to maintain a synergy amongst his thoughts, words and actions.
  1. Conclusion
      2. It may not be possible to draft comprehensive or exhaustive ethical code, efforts can be made to make them as inclusive as possible, more importantly such codes should not be rigid, with time and circumstances some values may become obsolete while others may become relevant
      Also ethical codes should not be imposed from Above and rather should be formulated by administrators themselves. It will increase the acceptability of such ethical codes.
      While Drafting the Ethical Codes, there should be a balance between what is ideal and what is possible. Extreme Values are generally resisted. A judicious blend of ought and possible will make ethical code a helpful instrument in maintaining ethical order
       
       
       
       
Difference in Ethical Norms of Pub Ad vis a vis personal conscience
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Max Weber's Bureaucracy Model
Max Weber, a German Scholar have his Bureaucracy Model for Successful working of any large Organisation (Pub/Pvt) According to him, his model can help any organisation achieve efficiency and rationality.
He called his model as Ideal Type. The Features of Bureaucracy are
  1. Impersonality
      2. Here Members of Bureaucracy Perform their Duty in an Impersonal Manner on the Basis of their personal values, beliefs, likings or dislikings
  1. Division of Work
      2. Leads to More Efficiency, Speed & Specialisation
  1. Hierarchy
      2. A Well Defined Vertical Hierarchy of Officers
      Minister → Secretary → Additional Secretary → Joint Secretary → Deputy Secretary → Under Secretary
  1. Written Orders
      2. Brings More Clarity, Prevents Arbitrariness & Helps in Fixing Accountability
  1. Assured Career Advancement i.e Promotions
  1. Graded Salary Structure
  1. Merit Based & Contractual Appointments & Not Spoils System
  1. Members of Bureaucracy shall not engage in any other trade business or profession
  1. A System of Control & Discipline
      2. Example Civil Services Conduct Rules
Looking at above features following distinctions can be made between ethical norms of Pub Ad vis a vis Personal Conscience
  1. Rule Orientation v/s Sensitivity
  1. Impersonal Behaviour v/s Personal Preferences
  1. Vertical Hierarchy v/s Equality in Personal Relationships
However, there are certain ethical concerns which are universal in nature and apply equally to Pub Ad and Personal Conscience
  1. Truthfulness
  1. Honesty
  1. Fulfilment of Promises etc
Ethical Dilemmas in Govt and Pvt Institutions - Important For Answering Case Studies
Introduction
Ex: Bhishma Pitamah → Doctrine of Estoppel
An Ethical Dilemma can be described as a Situation that Requires a choice between competing sects of principals. The Complexity arises as their is a choice available between two or more morally acceptable or unacceptable courses of action
In personal Matters, if a person resolves ethical dilemma in a wrongful manner, the damage causes is limited to few person but if a civil servant in course of his or her official duties resolves an ethical dilemma in a wrongful manner, it can affect the masses
For Civil Servants it is crucial to resolve ethical dilemmas correctly because they may be held accountable for their actions and decisions in Future.
Also only those actions and decisions can be defended which are grounded in sound moral and principles.
Example of Ethical Dilemmas in Government
  1. A Dilemma between Two Values of Pub Ad
    1. Transparency v/s National Security → Rafael Deal
    2. Technology v/s National Security → Pegasus
  1. A Dilemma between Provisions of Code of Conduct
    1. Oral Orders v/s Written Orders → Example of Slum Removal for a Housing Scheme
    2. Professional Duty v/s Directives of Superior
    3. Professional Duty v/s Personal Values
    4. Examples
      1. Jammu & Kashmir →
          2. Abrogation of Art 370 is called to be a Legal Gymnastics
      2. Operation Blue Star →
          3. Order of State v/s Religious Belief
Types of Ethical Dilemmas
  1. Personal Cost Ethical Dilemmas
      2. It arises in situations where ethical conduct can lead to a substantial personal cost to the decision maker
  1. Right v/s Right Personal Dilemma
      2. It arises in situation of conflict between two or more bonafide values
Approaches to Solve Ethical Dilemmas
  1. Refute the Paradox (Dilemma)
      2. The Situation must be carefully analysed. In Some situations existence of a dilemma can be logically refuted
  1. Value Theory Approach
      2. Chose the Alternative that Offers greater good and Lesser Evil
  1. Find Alternative Solutions
Ethical Concerns of Dilemmas in Private Institutions
In Private Companies, Moral Principles and Ethics were not Initially Developed with the process of Globalisation, Many States have Lost some degree of control over the compliance with ethical standards
However, Globalisation has led to more awareness amongst people wrt human rights, labour laws, environmental standards & other business practises
Some examples of ethical dilemmas in Private Companies can be
  1. How to Balance, With the Health and Security Interest of Workers. Unfortunately some private institutions cut on safety controls and equipments to save money.
  1. Technological Advancement in 21st Century has led to some new types of ethical dilemmas for private organisations. Companies have to balance the Privacy and Freedom of Employees while Ensuring that the company technology is used only for companies legitimate business purpose. A company may go for monitoring all online use and email communication for employee computers. This may raise concerns about the privacy of employees
  1. Pvt Companies are generally expected to provide favourable working conditions like Fair Salary, Working Hours, Leaves, Maternity Benefits, Non Discrimination, Gender Equality etc
      2. But Such Fair Working Conditions can lead to Increased Cost for the Company
 
Approaches to Resolve Ethical Dilemma for a Private Institutions
To Handle Ethical Dilemmas Successfully Private Companies practise either of the Two Approaches
  1. Ethical Relativism - Jaisa Desh Vaisa Bhesh
      2. Means Doing Business in a Country by strictly following its culture or ethics
      For Example: If Bribery is a Business Culture in a Country then in order to Survive, the MNC has to Follow the Local Culture or Ethics
      Ethical relativism may help the MNC to survive in the Market of the Host Country but the Disadvantage is that it may go against the Standards of Human Rights, Labour Laws etc
  1. Ethical Universalism
      2. It means, ethical standards are the same and apply to all countries in which mnc is doing business. It is ethically a higher approach but the company may face allegation of cultural imperialism and might have difficulty in conducting its business
Laws, Rules, Regulations & Conscience as Source of Ethical Guidance
How Does Law act as Ethical Guide ?
  1. Law Defines, Range and Scope of Administrative Actions
  1. Law Provides, Criteria to Evaluate the Adequacy and Desirability of a Particular Action
  1. Law is Impersonal Instrument and therefore leads to Uniformity of Treatment
  1. Laws Protect Citizens from Arbitrary or Willful misuse of Authority
Note: Rules and Regulations are Extension of Law and Help in Translating into Action
However: a Law is not Sufficient as Ethical Guide Because Law is Generally Incomplete
  1. Law is INherently Incomplete because Laws are usually made as reaction to past experiences and therefore laws may NOT anticipate, future trajectory
  1. Law can prescribe only minimum standards
  1. Presence of a Law is Not Enough & It requires interpretation also
  1. Law cannot make people inherently good because law is followed because of penalty
  1. Certain Action may be legally defensible but morally wrong
Conscience as Source of Ethical Guidance
Conscience is a Special Act of Mind which comes into being when Intellect passes a Judgement on the merit of a particular act thus conscience helps to examine, morality of an action or a decision
Conscience is wider in scope than law, because conscience helps to interpret the Law in the Light of Prevailing Circumstances
In Situation where Law is Silent, Conscience becomes significant
Conscience Helps and Individual to go Beyond, Procedural Compliance. Conscience Supplements the Role of Law
In Absence of Conscience, one may Adhere to the Letter of Law but may violate its Spirit
Accountability & Ethical Governance
Accountability and Ethics are Closely Related. Effective Accountability helps in Achievement of Ethical Standard in Government Systems
Accountability has two main dimensions.
  1. Answerability - Seeking Justification for an Action
  1. Impositions of Penalties if justification is found to be Inadequate
The Measures to Enforce accountability can be Internal or External
Internal Mechanisms
  1. Departmental Enquiries
  1. Transfers
  1. Suspension
  1. Performance Appraisal
External Mechanisms
  1. Legislature
      2. It holds political executive accountable by devices such as Question Hour, Zero Hour, No Confidence Motion, Budget, Starred and Unstarred Questions etc
  1. CAG
      2. It holds the administration and officers financially accountable
  1. Political Executive
      2. Appointments, Removals, Conduct Rules, Budget Formulation, Policy Direction,
  1. Judiciary
      2. Judiciary holds administration accountable by the concept of rule of law. It uses its power of judicial review and the power to issue writs such as habeas corpus, mandamus etc
      It intervenes in following circumstances
      1. Lack of Jurisdiction - Over Feasance
      1. Error of Law - Misfeasance
 
Max Weber held that Outside Checks for Pub Ad were Inadequate and hence value of Self Accountability was Immense
Self Accountability and External Accountability are Interrelated. Higher the Level of Self Accountability, lower will be the need for external mechanisms of accountability
The Desire to be Ethical in One's Profession should come from within. It is said that, it is difficult to guard the guardians (Civil Servant) because
Obstacles to Ethical Accountability in Pub Ad
Special Expertise and Information
PA are often experts in their specific area of functioning and it is difficult for any outside agency to match them in their area of specialisation
Also a lot of information is often not available in public domain without which administration cannot be held accountable
Full Time Status
Most Pub Ad are full time while outsiders cannot devote equal amount of time in overseeing their activities
Massive Expansion of Bureaucracy
In a country such as India, the role of Pub Ad is increasing with time. The Size of Certain Departments like Police Dept, PWD etc is so large that the head of Organisation cannot keep an eye on Conduct of Subordinate Officials
The Geographical Distribution of Govt Agencies, Also makes Span of Control very Wide
Span of Control → Not of Subordinates a Senior Officers can effectively Supervise
Lack of Coordination
There are too any agencies to ensure accountability but they often lack coordination amongst them. this leads to transfer of responsibility from one agency to other.
Excessive Security
Most Countries Grant Protection to Civil Servants for their Official Duties
In India Art 310 and 311 Grant Such Protection to Civil Servants
It is believed by some people that this protection is Excessive and leads to a Sense of Over Security
Misinterpretation of Role and Obligation
Example: Keeping FIR Low in Thana because it shows Less Crime
Civil Servants, Overtime start defining their role and responsibilities in a Parochial Manner which is either self centered or organisation centered
There is a General Tendency Amongst Administrators to view Public Interest from a Narrow Angle and Tunnel Vision
In this Process, the Issue of Pub Interest Gets Diluted. For Example, Excise Department of a State may be Interested more wine and beer shops in order to earn more revenue and thus may ignore the impact of expansion of sale networks of Intoxicants on Physical and Moral Health of Citizens
Police Department may refuse to file FIR’s to show that, Police Department has Successfully Controlled the Crime
Orthodox Loyalty
In most of the Developing Countries, Public Employees are Socialised Into developing Loyalty towards organisation or Towards the Superiors.
In Return the Superiors Start Ignoring, Minor Unethical conduct of the Subordinates
 
Trivial & Substantive Ethics
The Conduct Rules for Civil Servants contains some provisions which in modern times appear to be ridiculous. There are Instances where we tend to be Penny Wise & Pound Foolish in matters of Administrative Ethics
For Example, use of Office Stationery for personal use may be called a trivial ethical issue as against the action of Bribery which involve substantive ethical issues
Employee’s Unions
An Impediment in enforcing accountability is the tendency of employees unions to resist any disciplinary action against their members as a result of which supervisory officers start ignoring unethical actions of their subordinates. Sometimes the Employee Association het support of Political Parties
Problems with Accountability
  1. Accountability is by itself is not Adequate. A sense of Responsibility is needed to maximise the use of Public Resources for People's Welfare
  1. Accountability restricts itself to quantitative dimensions of actions but may not ensure quality
  1. Accountability can improve the efficiency of the system but not necessarily its effectiveness
Sample Question
What does accountability mean in the context of public services ? What measures can be adopted to ensure individual and collective accountability of Public Servants ?
Ethics of Police Encounters : Holding Police Accountable - Mains & PT
Any act of killing that happens that happens outside Judicial Process is called Extra Judicial Killing.
Examples
it is not a new phenomenon and was commonly used during against Naxalism in 1960’s
Mumbai Police is against Gangsters (although later used against petty criminals also)
Punjab Police used it in 1980’s against khalistan militants
 
 
Reasons of these kind of Encounters
  1. Sections 132 and 197 of CrPC ( Similarly Section 6 in AFSPA) require the consent of Government before initiating any prosecution of officers from security forces
      2. This Protection Encourages Extra Judicial Killings
  1. Nude Display of Powers by Police at Local Levels
  1. Romanticisation of encounter Specialist by Films
Argument in Favour / Justification for Such Encounters
  1. It gives the victim instant justice (Justice delayed is Justice Denied)
  1. Not Police Entirely but Judicial System and Political Patronage is also to be blamed
  1. An Argument of Police is that when militants of criminals do not operate within the framework of law then why should police be restricted by laws
Arguments Against
  1. Encounters are in the Nature of revenge and not justice
  1. It leads to violation of Rule of Law
  1. If Encounters of Criminals such as Rape Accused is Justice then, Beating a Theft Accused by Police by Police or Raping a women Accused of Murder is also Justice
      2. There cannot be dual standard where violence by Police is Justified in some cases and not in others
  1. If police on its own can deliver justice, all criminal jurisdiction of courts may be taken away
  1. The Excuse of Delay in Judiciary or Poor Conviction Rate is NOT Acceptable because delays may happen to respect the Rights of Accused Person and Low Conviction may happen to ensure that no innocent is Punished
  1. Pubic Emotions cannot drive democracies, People may tomorrow ask that convicts should be punished in nearly the same manner as the victim
  1. In the Name of Justice, We cannot go back to Uncivilised and Barbaric Times
Do Encounters and Death Penalty Deter Rapists
It has been shown that police encounters are as ineffective in reducing crime as our courts and police systems are perceived to be
Between Nov 26 2019 (Rape & Murder of Disha) and December 18. Times of India reported 7 Rapes in Telangana
Conclusion
There is a Need to Improve the Entire Criminal Justice System, Especially the Judiciary to Speed Up the Disposal of Cases
A Crime cannot be justified whatever be the Reasons
Supreme Court in Prasad Kadam v/s Ram Prasad Vishwanath Gupta, 2011 held that a Fake Encounter by a Police Officer falls under the Category of Rarest of Rare Case and Death Penalty may be attracted to the concerned Police Officials
Form CJI S A Bobde Observed that Justice should never be instant, Justice Loses its Character of Justice if it becomes Revenge
Encounters by Security Forces cannot be used as Freebies given to keep the masses happy
Strengthening of Ethical and Moral Values in Government
  1. Recruitment
      2. The Quality of Government depends upon the quality of its officers. The Recruitment Policy should Try to IDentify not only the Intellectual Merit and Professional Competence but also motivational suitability and compatibility
  1. Age of Entry
      2. Also the Age of Entry Should be such that Desirable, Behavioural and attitudinal changes could be brought with Minimal Resistance
  1. Training
      2. Training can reinforce desirable ethical conduct in public servants, training should not be restricted to only Job Skills, it should focus on over all personality development of public servants
      Unfortunately training of civil servants in India emphasises on making civil servants rule oriented
  1. Performance Appraisal
      2. Appraisal → Evaluation and Appointment of Employees
      Performance Appraisal is Critical to Promote not just efficiency in administration but also asses the ethical conduct of Officials
      Those Officials who consistently display, an integrity beyond doubt should be encouraged by giving some incentives. In India Performance Appraisal is often NOT effective because of Frequent Transfers of Public Officials
  1. Code of Conduct and Code of Ethics → Taken Separately
  1. Leadership
      2. The Role of Leadership in Administration is Significant Not only for Administration but also for Society because Administration is the Custodian of Public Trust. Whenever a Society faces any challenges, it is a leader who gives clarity and DIrection
      Leadership cannot be based on Professional Competence Alone, because a Leader may be Professionally Competent yet Unethical
      Leaders act as Role Models for Subordinates / Followers. They Set Precedence for Coming Generations
Corporate Governance
Introduction to Corporate Governance
UPSC has asked 3 Question which were from CSR
According to Cadbury Committee of UK 1992, Corporate Governance is a System by Which Companies are directed and controlled. This Definition places, Board of Directors of Company at the Centre of Governance
Historical Overview of CSR
The Traditional Way of Organising Business was based on Capitalist view of Economy with Narrowly Defined Goal of Profit Maximisation without any Moral or Social Constraints. It was called Purely Economic Model of Business
Its Theoretical Foundations were Laid by Adam Smith, this model was readily adopted because it created new wealth, jobs and provided items for consumption.
It Improved the Material Quality of Life, However this unchecked Capitalism had undesirable effects like exploitation of workers. Women and Children were forced to work in factories for upto 18 Hours. Crime, Drukardness and Sexual Licentiousness emerged
In this backdrop Robert Owen proposed the first Factory Act to propose reforms. They were opposed by being called as Unnecessary Governmental Interference. However with Passage of Time, the Idea of Social Responsibility of Business started gaining momentum
It was generally accepted that Government should play active role in protecting the Interest of Workers, Consumers and the Society.
Corporation cannot be viewed as only Private Structures to make profit, rather they are Social Structure for efficient production of Goods and Services needed by the Society. The Society Approves their creation and permits them to earn profit in return of fulfilling these needs. This was a improvement over the earlier, purely economic model of business and was called Socio Economic Model of Business
Companies and their activities can be made socially responsible by
  1. Laws of State
      2. Labour Laws, Minimum Wages Act
  1. Free and Fair Media
      2. For Fair Reporting of Companies
  1. Talented Workforce Shyes from Working in Countries which are Socially Irresponsible
  1. A Growing Number of Socially Conscious Customers are avoiding to buy products of such companies
  1. Investors are becoming conscious that there money should not go to support companies with shady reputation
  1. Dealers, Suppliers, Business Associates etc can also compel a company to be Socially Responsible
Some of the Approaches to CSR are
  1. Employee Welfare Programs
      2. Earlier a Company used to have a Unidimensional Relationship with Its Employees in terms of Wages Only but today employees have a bigger and deeper relationship with their organisation
      Companies take certain employee welfare programs like
    1. Housing Facilities
    2. Education for children of employees
    3. Hiring Physically challenged or Person from Backward Communities
    4. Assisting the employees in planning their retirement
  1. Community Development Programs
      2. Increasing Number of Companies are Realising that they need to good neighbour for the community where they are located
      Companies Participate in Different Kinds of Community Development Program like Adult Literacy, Family Planning, Primary Education etc
      Companies Support Social Cause by Cause Related Marketing
  1. Corporate Philanthropy
      2. Corporates Provide Resources for Hospitals Orphanages, Educational Institutions, Religious Places etc
  1. Corporate Citizenship
      2. Like Individuals corporations are also citizens of a Nation, Therefore they have citizenship rights as well as duties, Corporates have following duties or Obligation towards the Countries.
    1. To Promote Economic Growth
    2. Pay Taxes
    3. Preserve Environment
    4. Obey Laws
    5. Being responsive to national needs and problems
    6. Lending a helping hand in times of natural calamities and calamities
  1. Trusteeship Concept by M K Gandhi
      2. The Common Attitude of business owners is that it is their private property and they can use it in whatever manner they like. In Sharp contrast to this view is the Gandhian Concept of Trusteeship which says that the business owners should consider themselves as trustees of property on behalf of the society. They have to safeguard the property and manage it efficiently for the economic well being of society
      Acceptance of Trusteeship concept would require a quantum jump from Material View of Life to Spiritual View of Life
       
       
Triple Bottom Line Approach
It is also known as People, Planet, Profit Approach.
People relates to fair business practises towards labour or consumers
Planet Refers to Sustainable Environmental Practises
A Triple Bottom Line Company does not produce harmful products, profit is the economic value created by organisation
Concept of Social Accounting
It is a process of accounting the social and environmental effect of an organisations social and economic activities.
It is a normative concept which broadens scope of accounting. It says that accounting should NOT be expressed in financial terms only.
Normative - How things should be
The concept of social accounting is closely related to the economic concept of Externality
Concept of Externality → Consumption, production, and investment decisions of individuals, households, and firms often affect people not directly involved in the transactions. Sometimes these indirect effects are tiny. But when they are large they can become problematic—what economists call externalities.
Concept of Social License
A Local Communities Acceptance or Approval of a company's presence in an Area. The Development of Social License takes place outside, the formal process.Govt can facilitate the development of social license
Concept of Ethical Consumerism
In last 2 decades there is increased popularity of ethical consumerism which can be linked to the rise of CSR. As, the Global Population increases the Pressure on Natural resources is also increasing. Consumers are becoming aware about their about their day to day consumer decisions in terms of their implication on environment, animals etc
Criticism of Concept of CSR
  1. Critics Argued that a Corporation's Purpose is to maximise returns to its shareholders and since only people can have social responsibilities corporation are responsible only to their shareholder and consumers and not to the society as a whole
  1. Also CSR Contradicts the very purpose of Business and i.e profit maximisation
  1. Also CSR takes away the Liberty which is against the principles of Liberalism and Capitalism
  1. Critics argue that CSR does not make corporates inherently socially responsible because corporates perform CSR Activities only to boost their reputation which can increase their sales and profit
  1. It is also argued that companies undertake CSR Activities to distract the public from the ill effects of their core business.
Sample PYQP
  1. CSR Makes Companies more Profitable and Sustainable. Analyse - Mains 2017
Case Studies → Over All Approach
  1. What is the Ethical Dilemma ?
  1. How do you resolve the Ethical Dilemma ?
  1. Are you Someone who is Easily Overpowered by Emotions ?
  1. Reflect Consistency of Personality in your Answers.
  1. Identification of Central Issues and Peripheral Issues and address them equally with appropriate weightage
      2. Address All Issues and All Stakeholders
  1. Usage of Constitutional Values
    1. Justice - Social Economic Political Justice
    2. Liberty
    3. Secularism → Art 25-28
    4. Pro Poor → DPSP
    5. Non Discriminatory → Art 15
    6. Equality → Art 14
    7. Child Labour (Prohibition & Regulation) Act, 1986
        8. Art 24
    8. Untouchability - Art 17
        9. Prevention of Atrocities Act, 1989
    9. Dowry Prohibition Act, 1961 (DP Act)
    10. Protection of Women from Domestic Violence Act, 20015 (DV Act)
    11. The Protection of Children from Sexual Offences Act, 2012 (POCSO Act)
    12. Immoral Traffic Prevention Act, 1976 (ITPA)
    13. Prevention of Sexual Harassment at the Workplace Act (POSH Act replaced Vishakha Guidelines)
Case Study 1 → Rakesh Wali Case Study
  1. Approaches
    1. If rakesh has any discretionary powers under the scheme, this is a fit case for rakesh to use those powers
    2. If superior officials of rakesh have discretion over rakesh, he will forward file this file to them
    3. If there is any other similar health scheme under which the elderly couple may be given the required benefit
        4. Until here rakesh would have reached Compassion Fatigue
    4. Rakesh can bring the couple in contact with NGO’s working in health Sector
        5. Rakesh can even give a recommendation letter
    5. Don’t Write this Option in every case - Write this Option in Only Case Study and that too in last
        6. If rakesh really feels that it is a deserving case, he may help from personal finances. However beyond few cases civil servants cannot help in personal capacity
  1. Introduction
      2. This case involved Ethical Dilemma between Rules or Compassion
      or Objectivity and Sensitivity
Case Study 2 → Engineering Graduate Wali Case Study
This case involves a conflict between Personal Interest and Larger Social Interest and also involves violation of Environment Friendly Business Practises
Remaining Silent or Remaining Quiet is not advisable because, by suppressing her conscience she will be an unhappy person, inefficient worker and irresponsible citizen.
Truth Shall come out in future in one way or the other and at that time it may be so late, that company may have to shut its operations leading to not only her own job loss but of all other employees
She should not care about her job because as a young and talented graduate like this job, she can secure any other job with her merit. Whistle should be blown internally because company should be given a chance to correct its actions.
She should ensure that villagers stop consuming the polluted water for this awareness can be created with the help of NGO’s or the chairperson of village panchayat
She should try to collect evidence because without evidences mere allegation hold little value.
She should blow the whistle and report the actions of her company to relevant authorities like Pollution Control Board, District Administration, Police etc
For Immediate Relief a petition may be filed in NGT i.e National Green Tribunal Also
 
Case Study 3 → Flying Squad Wali
  1. Ethical Dilemma
    1. Stakeholder v/s Shareholder
    2. Integrity v/s Personal Interest
    3. Issue of Maintaining Quality or Standards of Education
  1. Approaches / Actions
    1. Immediately cancel the Papers of those students who were caught cheating
    2. they would set up an enquiry against lecturer who were involved in helping the student
    3. VP shall address the protesting students
    4. Assurance of such unfair means shall not be tolerated
Probity in Governance
Probity Refers to Application of Moral Principles by a person or an Organisation in its conduct
Minimalist Approach → I do not do anything wrong
Maximalist Approach → Not Doing Wrong and Also Doing what is Wrong
Probity Represents Maximalist Approach to Ethical Life in which a person adheres to best principles and Ideals rather than simply adding corruption or dishonesty practises in personal or public relations →
Maximalist Approach → Beneficence → Doing Good
Minimalist Approach → Non Maleficence → Not Doing Wrong
Probity in Public Life are the Standards that Society expects from Elected and appointed Officials to observe and maintain in public affairs. It is an essential and vital requirement for an efficient and effective system of governance.
It incorporates rule of law, inclusiveness, participation, transparency, accountability, responsiveness, dedication, selflessness, justice, etc
Difficulties in Practising Probity
  1. Ambiguous Values
      2. So as to which Value has to be deployed in which situation.
  1. Discretionary Powers
      2. To Adjust the Policies according to real life situations
  1. Hedonistic Tendency or Animal Like Tendency
      2. We Seek Pleasure Temporarily over Pain
      Pleasure Maximising & Pain Minimising work is sought by Humans by Nature
  1. Lack of Leadership
  1. Lack of Fear Amongst Public Servants
  1. Lack of Incentives for Practising Probity
  1. Poor Work Culture
How can we overcome these Challenges?
  1. Clear Value Education and Training to the Public Officials
  1. Transformational Leadership
  1. Participatory Approach in Administration
  1. Decentralisation
  1. Rewarding the Honest Officials
  1. Comprehensive Conduct Rules and A Sound Work Culture
Concept of Public Service
  1. It Refers to Class and Task of Officials who Serve the Public. Three Basic Tenets of Public Service are (According to UN Code of Conduct)
    1. A Public Office is an Office of Trust. It has a duty to act in Public Interest
        2. The Ultimate Loyalty shall be towards Public Interest
    2. Fair and Impartial Performance of Functions. No Discrimination and No Preferential Treatment.
    3. Performing Efficiently such that Public Resources are administered in most efficient and economical manner
Information Sharing and Transparency in Government - RTI ( Right to Information)
  1. RTI Act was enacted by Parliament in 2005. Applicable in Whole of India (including J&K after August 2019)
  1. RTI is Available only to Indians
  1. RTI Act aims to promote Transparency and Accountability in working of every public authority without affecting efficiency and while preserving confidentiality of sensitive information
  1. Democracy requires informed citizens and transparency of information which are vital to contain corruption
  1. The Term Information means any material in any form like records, documents, memos, emails, opinions, advices
  1. Public Authority means
    1. Authority established by Constitution
    2. Any Body Established by Law
    3. Any Body Established by Order of Government
    4. Any Body owned, controlled or substantially financed by Government
    5. Any Body Substantially Financed by Govt
Important Sections of RTI Act
  1. Section 4 → It Encourages every Public Authority as much Information to Public so that the Public have to resort minimally to the use of RTI Act.
  1. Section 5 → Every Public Authority shall designate as many officers as Necessary as Public Information Officer to provide Information under the Act
  1. Section 6 → RTI Application can be made in English, Hindi or Official Language of the Area, in writing.
      2. The PIO Shall Provide all reasonable assistance to the person making oral request to convert it into written form
      RTI Applicant shall not be required to give any reason for requesting the information.
      Where an RTI Application is made to an Public Authority but the Information is held by another authority. The PIO shall transfer the RTI Petition to that Public Authority within 5 Days
  1. Section 7 → Information to be Given as Expeditiously as Possible but not Later than 30 Days. However if information sought is with respect to Someone's Life or Liberty, within 48 Hours.
  1. Section 8* → Contains List of Exempted Information
    1. Sovereignty, Security & Integrity of State
    2. Relations with Foreign State
    3. Incitement to Violence
    4. Information which can cause breach of privilege of parliament
    5. Information forbidden by any Court
    6. Information Received in Confidence from a Foreign State
    7. Commercial of Trade Secret of Intellectual Property
    8. Cabinet Papers
    9. Personal information which can cause breach of privacy
    10. Information which can impede investigation
    11. Special Case : Notwithstanding the above exemptions, a Public Authority may allow access to information if public interest in disclosure is more than the harm caused to protected interest
  1. Section 11 → Where a PIO receives an RTI Application asking information about the third party, the PIO shall give a written notice to such third party and invite its statemrnt and thereafter disclose the information, if public interest is more than the harm caused to the third party
  1. Section 12 → Central Information Commission has one chief Information Commissioner and Not more than 10 Information Commissioner on Recommendation of
    1. PM
    2. Leader of Opposition Lok Sabha
    3. Union Minister Appointed by Lok Sabha
  1. Section 20 Penalties → If an RTI Application is wrongfully refused, rejected, given wrong information or half information or not within time, CIC can impose a penalty of 250 Rs per day of delay subject to maximum of Rs 25000.
      2. Further if a PIO without any reasonable cause persistently fails to receive RTI Application or to give correct information within time, CIC shall recommend disciplinary action as per service rules.
  1. Section 24 → It provides for exemption of RTI act to certain security and intelligence organisation mentioned in second schedule of the act.
      2. However, information pertaining to allegations of corruption and human rights violation can be sought after approval of CIC.
Critical Appraisal of CIC
  1. File Noting’s are not disclosed under the RTI
  1. A Good Number of information commissioner have been former bureaucrats whose mindset may not be as per the spirit of RTI
  1. Record Maintenance in some public authorities is poor which increases time and cost of information retrieval
  1. Lack of Awareness amongst citizens about RTI
  1. Cost of information taken from people is high which discourages the use of RTI
  1. Under Section 4 Suo Moto Disclosure of Information is not taking place sufficiently
  1. Attitude of Complicating or Mystifying the Information
  1. Higher Judiciary has excluded a lot of information about itself from the purview of RTI
  1. Some individuals misuse the information received under RTI Act to blackmail public officials
  1. Pendency of Cases in CIC which discourages RTI Applicants
  1. Official Secrets Act is a hurdle in Implementation of RTI Act
What is Official Secrets Act (OSA)
OSA is a colonial era law that seeks to ensure secrecy and confidentiality in governance especially on national security and espionage issues (spying)
OSA 1889 was enacted at a time when a large number of newspapers were emerging in different languages, fearless editors criticised british raj policies and created political consciousness, thus the main purpose of the act was to put an end to the voice of nationalist publication
a more stringent version of OSA was enacted in 1904 during times of Lord Curzon which was again replaced by OSA 1923
Salient Features of OSA
The Law Broadly delas with Two Aspects
Section 3 - Deals with Spying or Espionage
Section 5 - Deals with Disclosure of State Secrets
The Secret information can be any official code, password, sketch, plan, model, document, etc
Under Section 5, Both the Person who communicates and the person who receives any secret information are punishable
Some Notable Cases under Official Secrets Act
  1. Journalist Poonam Agarwal was arrested under OSA for conducting a sting operation on an army officer who opposed the sahayak system in the army
  1. Iftikhar Gilani Case of Espionage for Pakistan
Arguments in Favor of OSA
  1. There is a need for laws which can keep specific documents of state as secret
  1. there is a requirement to deal with crimes against state which undermines credibility of state
  1. some documents need to stay secret like location of military information
  1. Many countries like UK, New Zealand and Singapore have such laws
Arguments Against OSA
  1. Lack of Clear Definition of “Secret” govt can declare any document as official secret
  1. It violates Right to Information
  1. Spirit of OSA is colonial in nature. It was enacted when the british state did not trust its citizens
  1. Often misused to suppress the voice of Journalism & possible cases of corruption
SC Observation
  1. Corruption Complaint should not be protected under the Guise of National Security
  1. OSA Does Not provide the liberty to commit corruption
  1. Freedom of Speech and RTI should be prioritised over OSA
Recommendations of Various Commissions
  1. Second ARC
    1. Repeal OSA
    2. Replace it with a new chapter in NSA - National Security Act, 1980
  1. Law Commission
    1. Recommended to consolidate all the Laws dealing with National Security into a Single Law called National Security Bill
  1. Observation of Justice K M Joseph
    1. Only Dissenting Judge on Rafael Deal Case
    2. RTI confers on the citizens priceless right to demand information even in matters of national security and relations with foreign state
    3. According to him RTI Act overawes OSA
Case Study 1 → RTI PIO Poorana Case ka RTI Aa Gaya
  1. Introduction → This case Involves Ethical Dilemma between Personal Interest of Official Duty or Transparency v/s Secrecy
      2. It also involves the issue of Bonafide Mistake by an Honest or Conscientious Person
  1. Option 1
      2. Merit → Taking Superiors Advice is not bad per say but PIO must exercise his duty in his decision and not strictly according to Superiors Advice
      Demerit → Strictly following superiors advice even if its unethical is wrong
  1. Option 2
      2. Merit → Prevents Conflict of interest and uphold principles of Natural Justice
      Demerit → Proceeding on Leave may amount to Abdicating or Deserting the Responsibility ; Can also lead to delay ; PIO is missing an opportunity to accept honest mistake and display high ethical character by not giving the information
  1. Option 3
      2. Merit → This Option does not have any ethical merit except protecting the career of PIO
      Demerit → Manipulating Information is not only illegal but also punishable under section 20 of RTI Act, Also It will compromise with the spirit of Transparency.
  1. Option 4
      2. Merit → Taking Advice is not bad and will also inform the colleagues because they were party in that decision
      Demerit → Acting as per the advice is not the right thing to do because it is the duty of PIO to act in his discretion and wisdom
  1. Final Advice / Conclusion
      2. Disclose the Information Honestly because PIO is an Honest Person and it is a case of a decision going wrong but without any personal motives
      PIO should inform the colleagues because they were party in that decision
Case Study 2 → Misuse of RTI Wala Application
The Issue Requires Adoption of Middle Path as Given By Buddhist Philosophy
Quotation: Ati Sarvatra Varjate → Kisi bhi Cheez ki Ati Galat Hai
If RTI Application are rejected, It will not be good to promote transparency in administration, although it might check the misuse of RTI
On the Other Hand, If Information is Given Every Time w/o checks and balances, Bureaucracy may feel threatened of taking initiatives. Also it will encourage RTI activists
Also As Long as the information asked, falls under disclosable information, if it is denied, CIC can impose penalty under Section 20
Following Measures can be recommended to Separate, Genuine and Non Genuine RTI Applications
Option 1 → PIO may adopt a conservative attitude in giving information if the RTI applicant is known for misusing the information received earlier.
Option 2 → PIO may apply the Principle of Locus Standi i.e only the concerned individual can get the information. It will filter out non genuine RTI Application by the Activist
Applications by those RTI Activist, who help people in getting justice via RTI may also be filtered out
Option 3 → Awareness should be created amongst people so that people file RTI Application themselves rather than through activist
Option 4 → Fees of RTI may be increased to discourage insincere RTI Application
Case Study 3 → Edward Snowden
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This case involves following competing values
  1. National Security v/s Privacy
  1. Legality v/s Morality
  1. Loyalty Towards Law v/s Freedom of Speech
Law may not always be ethical. National Security is of Paramount Importance but is often misused by states to suppress dissent or corruption by public officials
Snowden Should not be punished only because he violated a Law Enforced but should be punished only if his actions genuinely compromised national security this can be established only on the basis of Fair Trial in the Court of Law
Restrictions on Right to Privacy cannot be disproportionate to the objectives of National Security
How ever Privacy of Citizen is not more important then their security.
Such Disclosures should not become a norm and should be discouraged and punished also as long as there is a Legal Action Violating the Law made by peoples representatives it should be punished
 
Code of Ethics v/s Code of Conduct
Code of Ethics (COE) establishes general principles to guide rather than dictate the behaviour. Such Principles are usually social or moral and thus wide ranging in scope.
They are Non Specific and Open to Interpretation making it difficult to impose penalties on violation. A Code of Conduct is consistent with the principles of Code of Ethics. However code of conduct prescribes more specific guidelines and actions which are acceptable or prohibited
It is more objective and therefore penalties can be imposed on their violations
in Situations where a code of conduct is silent or ambiguos Code of Ethic Provides Guidance
Can you Combine Code of Conduct and Code of Ethics
Yes Most Organisations combine them into a single document which also makes it practical and convenient for the employees to follow
Example of Code of Ethic
  1. Be Inclusive
  1. Be Considerate
  1. Be Respectful
  1. Choose Your Words Carefully
  1. Don’t Harass anybody
  1. Make Differences into Strengths
Salient Features of Central Civil Services Conduct Rules of 1964
  1. Every Government Servant Shall at all times maintain absolute Integrity and devotion to duty
  1. A Govt Servant who habitually fails to perform the task assigned within the time set for the purpose and with the quality expected of him shall be deemed to be lacking in devotion to duty
  1. Every Govt Servant shall perform his duties in his best judgement except when he is acting under the direction of his official superior.
      2. This should not be interpreted as empowering a government servant to evade his responsibilities by seeking approval or instruction of superior officer when it is not necessary
  1. The Directions of Official Superior shall ordinarily be in writing, the oral directions to subordinate shall be avoided as far as possible, the official superior hsall confirm it in writing immediately
  1. Every Government Servant shall perform its duties in courteous manner
  1. Not Adopt Dilatory (Delaying) Tactics
  1. No Government Servant shall indulge or allow any sexual harassment of women
  1. No Group A Officer w/o Previous Sanctions of government, shall allow or permit his son or daughter to accept employment in any company with which the officer has official dealing
  1. No Govt Servant shall be a member of any political party or organisation which takes part in politics
  1. Cannot Contest Elections
  1. Cannot Canvass in any Elections
  1. Cannot allow official residence or vehicle to be used for any political purpose
  1. Can vote in election w/o disclosing the manner of vote
  1. No Govt Servant shall resort to any kind of strike demonstration in connection with service matters (job)
  1. A Government Servant Publishing a Book or Participating in Public Media shall make it clear that views expressed by him are his own and not of the Government.
  1. The Views of Govt Servant in Media should not lead to Adverse Criticism of Government, Embarrass relations between centre and state or the relations between GOI and Foreign State
  1. Rules on Gifts
    1. No Govt Servant Shall Accept or permit any member of his family
    2. Family as defined as
      1. By Means of Blood
      2. By Mans of Marriage
    3. Gift includes free transport, boarding, lodging, lavish hospitality. On Occasions such as Wedding, Anniversaries, Funerals etc where gifting is customary practise a govt servant may accept gift from a friend from a relative or a friend and report to the government if the value of the gift received is more than Rs 25,000 (Group A Officer)
  1. No taking or demanding of Dowry is allowed
  1. No Govt Servant shall take part directly or indirectly in any trade, business or employment.
      2. Engaging in Non-Profit Organisation w.o Money
  1. No Govt Servant Shall Sub Let or Lease Any Accommodation Allotted to Him
  1. No Govt Servant shall speculate in any trade or stock or share except occasional investments
  1. Every Govt Servant shall strictly abide by any law relating to intoxicating drinks or drugs, not the under the influence of any intoxicating drink or drugs refrain from consuming any intoxicating drinks or drugs in public place, not appear in public place in place of work or use it in excess
Case Study 1
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Case Study 2
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PYQP 2018 Exams
Discuss Difference between Code of Conduct and Code of Ethics with Suitable Examples
Citizens Charter
Extra Data
  1. Sir Ross Parker is First Chairman of UPSC
  1. Components of UPSC
    1. Brief History
    2. Services
    3. Quality Standard
    4. Grievance Redressal
Introduction
  1. As a Concept it has origins in UK where it was introduced by PM John Major as a National Program to Improve the Quality of Public Services
  1. PM Tony Blair took it forward and renames it as Services First
  1. CC helps in making Pub Ad of the country accountable to its users
  1. In Times of LPG, Citizens can be called as Customers and thus administration should be accountable to its users
How Citizen Charter Leads to Ethical and Accountable Governance
  1. Makes Pub Ad Responsive to, Citizens Demand and Aspirations
  1. Makes Pub Ad Accountable for time bound service delivery
  1. Empowers Citizens with Information, Increases Citizens Participation with Pub Ad
  1. Improves Efficiency and Effectiveness of Pub Ad
A Citizen Charter has following Main Components
  1. A Brief Introduction about organisation
  1. Services which citizens can avail from Organisation
  1. Quality or Standards of those Services
  1. Grievance Redressal Mechanism or Complain Mechanism
Critical Appraisal
  1. CC in India are often not updated regularly on basis of feedback & performance
  1. CC are incomplete in the sense that they ignore the duties of citizens before availing services
  1. CC should be formulated by a Democratic Process rather than imposed from above
  1. Standards promised should be quantifiable and understandable
  1. To Ful Fill Charter Promises Necessary Training should be given to their public Officials for their capacity building
  1. CC Should not just cater to Urban Literate Population, Vernacular CC should be promoted
  1. A Lack of Incentive Mechanism does not encourage public officials to fulfil the charter promises
UPSC PYQP
Explain the basic Principles of CC Movement and Bring out its importance
Work Culture
Introduction
Work Culture may be defined as Rule, Regulations, Policies, Practises, Traditions & Values of an organisation
it is informal and abstract yet it exercises powerful influence on the conduct of the employees
Socialisation is the process by which new entrants adopt into existing organisational culture
it takes by 3 phases
  1. Entry
  1. Orientation
  1. In Service Training
Indian Work Culture has some notable differences from work culture in the west.
The Gender Divide is Still Strong in India. Even though there is trend towards open mindedness and equality, the working env in general is discriminatory towards women. This Discrimination if not physical and obvious is often mental and subtle. For Some Men it is difficult to accept orders from women and this can be a cause for stress at work place
Example: No Commanding Posts to Women in Indian Army
Although Gender Discrimination Exists in west also but the GRM (Grievance Redressal Mechanism) are much effective and faster
Indian Work Culture is Formal in Nature although it is gradually incorporating informal attitude
In West, people mostly tend to take complete weekend off from work
In India, there is tendency to carry work home and even on vacations
The Young India although is definitely taking time off especially after corona
Decision Making is generally a Slow Process and the tendency to take risk is limited. It is not easy to incorporate innovations
Employees are constantly on the lookout for another job, and this leads to high attrition rate.
Features of a Sound Work Culture
  1. Detachment from the Intrinsic Rewards of Work is a sign Healthy Work Culture
  1. If the result of effort is a success the entire credit should not be appropriated by the doer alone
      2. Similarly if it is a failure, entire blame should not go to a single person
  1. When employees work with inspiration and accept new responsibility even if they are not of their interest
  1. If employees perform duties not just to earn their bread
      2. Work Culture is not something which can be imported, transplanted or even legislated it must grow from within
Following are some characteristics of work culture in Government Organisations
  1. Late Opening of Offices along with Officers ans assistants taking their own time to settle down
  1. Unhygienic Public Utilities
  1. When People make Enquiries, there is no response, If Further Asked they are told to wait in queue
  1. Senior Officers are busy in meetings or having tea breaks
  1. Lawns outside the office are utilised for playing cards
  1. Assistants and Juniors promptly attempt those cases where there is extra monetary incentives
  1. Work Culture Hardly Cares for Quality of Work and Services Delivered
  1. Low Grade Employees have their own Justification for Graft
  1. A Tendency to Acquire More benefit from organisation than the corresponding contribution made
  1. Preserving authority by favouring mediocrity and marginalising merit
Quality of Service Delivery
Government Provides A Variety of Services to Citizens ranging from Social Services like Education, Health to Infrastructural Services like Power, Road, Transport, Water etc
In order to Build Quality in these Services, following steps need to be taken
  1. Crucial Services of Health and Education should be Shifted from Centralised Control to Decentralised Action
  1. In these sectors there should be more emphasis on Service Guarantee Rather than Employment Guarantee
  1. in Delivery of Services, NGOS should be encourage to participate or there can be a third party assessment involving NGO’s
  1. Performance Based Incentives should be prescribed at all levels by breaking salary ceilings
  1. There should be pre determined set of performance indicators
  1. Privatisation to be encouraged in order to Promote Competition / Greater Efficiency and Accountability
  1. Process Simplification to avail services so that processes are faster, less costly and more convenient
      2. For Examples
      1. Gazette Officer Attestation to Self Attestation
      1. Multi Purpose Counters in Post Office for Faster Completion of Work and Equal Distribution
      1. Work Should be done in Natural Order
      1. Single Window Clearance
      1. Performing the Work in its Natural Order
  1. Wherever Possible Technology should be used to Improve Quality of Services
Sevottam Model
Introduction
This Model is Regarded as the Standard Model for Providing Services in Citizen Centric Governance. It has been developed by rectifying the Drawbacks in the Earlier Mechanism such as Citizen Charter
Seven Steps of Sevottam Model Are
  1. Define Services and Identify Clients
  1. Set Standards for Each Service
  1. Develop Capability ot meet the standards
  1. Perform
  1. Monitoring
  1. Evaluation
  1. Continuos Improvement based on Monitoring and Evaluation
Three Modules in Sevottam Model
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Utilisation of Public Funds
PYQP on the Topic
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Data of the Topic
Through Budgetary exercise, constitution has put various controls to ensure prudent use of scarce public resources under the control of union and state governments
but still there is often mis utilisation, underutilisation and non utilisation of public funds because of following reasons
  1. Top Down Approach that is the higher levels of the Government decide everything without sufficient consultation with Ground Level Officials and Beneficiaries
  1. There is Poor Absorption of Funds at Ground Level because the Ground Level realities may not be reflected in Budgetary Allocations
  1. Overlapping of functions due to Proliferation of Number of Departments and Ministries
  1. Because of Lack of Moral Obligation on the Part of Civil Servants as they do not exercise same caution and prudence as if it was their own money
Case Study on the Topic
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Issue of Political Commitment and Parliament Difficult Questions is NOT the Concern of Rajesh Here (as said by sir)
Welfare v/s Development → India is a Welfare State. Whereas State Needs Development Too
Welfare is Urgency whereas State Development Not that Urgent but surely Needed
In this Case the Dilemma between Welfare Goals and Development Goals. India is a Welfare State, A Fact well known and enshrined in Constitution of India
However Development is for all while welfare projects have a target section of populations. Welfare is Immediate Requirement for Poor where as development is a Long Term Goals
Four States are going to Poll and therefore Model Code of Conduct Must be Enforced
No New Development Projects can be Initiated in these States and therefore some funds can be spared
In First Project, the process to acquire land has just been Initiated. Land acquisition in India is a Long Process and therefore this project may not have immediate requirement of Funds
In Second Project regarding the Natural Gas Plant the Land is already under possession and also commitment has been made to a foreign MNC therefore som funds can be re appropriated from NHS to this Project.
It is to be Noted that by the end of First Quarter of Financial Year, Only 775 Crore Rs has been drawn from NHS out of the total allotted Rs 8300 Crores
Resigning is not the right step because it would amount to abdication of responsibility. Also Rajesh’s Resignation will not solve the problem of Financial Scarcity
 
Bodies
Terms
  1. SIT (Special Investigation Team)
  1. DFMD - Door Framed Metal Detector
  1. HHMD - Hand Held Metal Detector
CBI (Central Bureau of Investigation)
DSPE (Delhi Special Police Establishment)
CBI Director Chosen by : PM, LOO LS, CJI
Attached with Ministry of Personnel
NIA (National Investigation Agency)
  1. By NIA Act by 2008
  1. by IPC 1860, by UAPA 1967, by WMD (Chemical, Nuclear, Biological), Anti Hijacking (Last IC-814 of Indian Airlines from Kathmandu to Delhi)
      2. Now Airport Security is given to CISF (Central Industrial Security Officer)
  1. It was established in the aftermath of 26/11 Mumbai Attack. Investigates cases of Terrorism under IPC, UAPA, or any attack on India by Weapons of Mass Destruction
  1. It shall also investigate any aircraft Hi Jack, It does not need prior consent of concerned state government
  1. Once NIA takes up a case for Investigation, it is no longer under the Jurisdiction of State Government
  1. In 2020 state of cg has challenged the constitutionality of NIA act in supreme court
  1. NIA can take up cases for investigation either Suo Motu or it can be assigned cases by Ministry of Home Affairs
CVC (Central Vigillence Commission)
Introduction
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CVC has a Central Vigilance Commissioner and Two Vigilance Commissioners
On Recommendation of PM, HM and LOO (LS)
Term = 4 Years or 65 Years of Age whichever is Earlier
Salary of Central Vigilance Commissioner is equal to UPSC Chairman
Salary of Vigilance Commissioners is equal to Members of UPSC
Functions
  1. For Prevention of Corruption Act, 1988, GOI can refer the complaint to CVC for Preliminary Enquiry
      2. Either for All India or Group A Officer or Certain Specified Level Officer in PSU or PSB (Officer of Scale 5 or Above)
      Investigation Done by CBI but Preliminary Enquiry for determination of Intent is done by CVC
  1. Supervision of CBI done by CVC if supervision of corruption is done under PCA, 1988
  1. Whistleblowers Protection Act, 2014 → CVC Receives Coplaint of corruption
  1. When Lokpal Rec a Complaint of Corruption, lokpal forwards the file to CVC to conduct preliminary enquiry
Lokpal & Lokayukta
  1. Regions and its Name
    1. Centre - Lokpal
    2. State - Lokayukta
  1. First Lokpal of India is Justice P C Ghosh
  1. Jurisdiction of Lokpal
    1. PM & ex PM
    2. All Union Ministers & MP’s
    3. Public Officials
  1. Special Case of PM
      2. If Lokpal Rec com of corruption against PM in Matters of ES, IS, IR, Pub Order, Atom Energy & Space
      The Lokpal can only investigate only when 2/3 Majority allows i.e 6 out of total 9 allow for the investigation
  1. Has Jurisdiction all over India
  1. Compositions of Lokpal
    1. Lokpal = Chairperson + 8 Members
        2. Chairperson Qualification : Present or Ex or Present or Ex SC Judge or Eminent Person with Impeccable Integrity & 25 Years of Experience in Certain Field like Pub Ad, Mgmt, Insurance, Banking & Insurance
    2. 8 Members =
      1. 4 Members - Judicial → SC Judge or Ex CJ of HC
      2. 4 Members - Non Judicial Members → Eminent Person with Impeccable Integrity & 25 Years of Experience in Certain Field like Pub Ad, Mgmt, Insurance, Banking & Insurance
      3. Here 50% of Women should be from SC/ST/OBC/Minority/Women Committee
  1. Appointment by President but Selection Committee Consists of PM, Speaker LS, LOO (LS), CJI & Eminent Jurists
  1. Term of Appointment is 5 Years of 70 Years of Age which ever is Earlier
      2. Salary of Lokpal is of CJI && Salary of 8 Members is of SC Judges
  1. Salary + All the Expenses of Lokpal are charged upon CFI
  1. Appointment
    1. They Cant be Re Appointed
    2. They Cannot hold any Diplomatic Post or Governor and cannot contest elections of President, VP or State Legislature for 5 Years
      3. this is for No Fear or Favour
  1. Complaint to Lok Pal for PM, Ex PM, Ministry, MP can
    1. Either By Self by its Enquiry Wing
    2. Or by CBI
  1. Complaint to Lok Pal for Group A B C D
    1. CVC for Preliminary Enquiry - Prima Face should look genuine
    2. For Group C D - CVC will take action
    3. For Group A B - Will Send Report to Lokpal && Lokpal will ask for Statement from the Officer
        4. Lokpal can now do 3 things
        1. Can Relieve the Lokpal
        1. Recommending Departmental Action
  1. If the complainant looks to have a Malafide Intention then there is a provision for a fine of 1 Lac & 1 Year Imprisonment too
Challenges of Corruption
In Simple Term Corruption can be defined as Deviation from Norms or Rules. Corruption can also be defined as use of Public Office for Private Benefit
Elimination of Corruption is not only a moral imperative (necessity) but also a functional necessity for a nation aspiring to be a global power.
Improved Governance in form of Reduced Delays, Full Enforcement can Significantly Raise not only the GDP but also Entire Image of Government and restore credibility and faith of people in governance.
Impact of Corruption
💡
Rich can Afford to be Honest
  1. The Impact of Corruption is felt more severely by the disadvantaged section of society , already lacking purchasing power they are forced to compromise even further for their basic survival
  1. If affects the image of govt and would act as a disincentive for potential investors
  1. Development Scheme will have Time Over Runs leading to Cost Over Runs and only a part of the expenditure will ultimately reach the beneficiary.
  1. System would be seen as Corrupt whereby eroding the Credibility and further increasing cynicism in people
  1. In Developing Countries in India Corruption not only has Wheels but also wings
      2. Example: Black Money in Swiss Banks
  1. Corrupt States will ultimately become soft states where policies formulated cannot be implemented due to vested interests
  1. Corruption in Politics prevents honest and competent people from entering politics and becoming successful. It would strengthen the criminalisation of Politics and Politicisation of Criminals
  1. Corruption in Administration would mean selective implementation of rules and policies. It goes against the principle of uniform treatment to all.
What is Corruption According to the Prevention of Corruption Act, 1988
  1. Illegal Gratification (Monetary + Non Monetary) as a reward for doing any official act
  1. obtaining a valuable thing w/o consideration or inadequate consideration
  1. Criminal Misconduct
  1. Misappropriation and Embezzlement
  1. Obtaining any Pecuniary Advantage w/o any public interest
  1. Possessing assets / property disproportionate to the known sources of Income
  1. Attempts to Commit such offences and even abetment are also offences
Causes of Corruption
  1. Psychological Factor : Deviation as a Norm
  1. Fact of Opportunity
      2. One can Indulge in Corruption and also get away with it
  1. Structural Weakness
      2. Corruption is perceived as Low Risk and High Profit Phenomenon due to Low Risk and High Profit Phenomenon due to delay in cases pertaining to corruption
  1. Lack of Transparency in Administration which makes it vulnerable to breach
  1. Misuse of Discretionary Powers
  1. Lack of Sufficient Accountability Mechanisms
  1. Process Weakness : No Simplified Process which gives spoke for ambiguity and misuse of discretion
  1. Nepotism and Favouritism
  1. Authoritarian Mentality which might lead to Patronage Mentality Ultimately Leading to Corruption
  1. Citizens as a Cause :
    1. 1950’s → If you see a corrupt person, hang him to nearest lamp post → intolerance towards corruption
    2. 1960’s → Corruption is a Global Phenomenon → Acceptance
    3. Presently → TINA Factor → There is No Alternatively
Types of Bribery
Coercive Corruption
Where the victim or bribe giver is forced to give bribe, otherwise he or she will have to face, delays or harassment
Collusive or Transactive Corruption
Here both bribe giver and taker are engaged in a transaction or collusion. Briber giver is as guilty as bribe taker. these are cases of executing sub standard works, distortion of competition, commissions in public procurement, tax evasion and on the other hand causing direct harm to people by spurious drugs and violation of safety norms.
In Coercive Corruption, an individual or few individuals are victims but in collusive corruption, society or national interest is the victim.
However, prevention and conviction is higher in coercive corruption because of higher reporting.
Reforms Taken
Political Reforms
  1. Electoral Reforms
    1. Improvement in accuracy of electoral roles
    2. Photo Voter ID Card to make sure that right person is casting vote
    3. use of EVM’s
    4. declaring criminal antecedents of candidates
    5. Ban on Paid News
        6. Political parties and candidates resort to paid news during elections because
      1. news is more credible than advertisement
      2. it is less expensive
      3. allows expenditure outside the expenditure limits
      4. in paid news not only it is political corruption, violation of ethics of journalism and takes away the right of people to take informed decision
  1. 91st CAA capped the size of CoM
  1. Anti Defection Law
Administrative Reforms
  1. RTI to empower citizens with information so that they can hold administration accountable
  1. Citizen charters - to adopt standards of services and make administration accountable for delivery of services as per set standards
  1. Setting up of Lokpal as anti corruption agency
  1. Compulsory retirement of officers considered to be corrupt or non performing
Further Suggestions
  1. Greater Transparency in Funding of Political Parties
  1. State funding of elections recommendation by
    1. Tarkunde Committee
    2. Indrajit Gupta Committee
    3. Dinesh Goswami Committee
  1. Political Parties should be brought under RTI
  1. Greater Control on criminalisation of politics and politicisation of crime
      2. Debate on whether convicted criminals should be allowed or not
  1. Candidates who are facing heinous criminal charges should be disqualified
  1. Official Secrets Act, 1923 to be repealed
  1. Right to Recall to be introduced
      2. Recall refers to a process by which voters seek to remove elected officials through a direct vote before their term is completed
      In Ancient times, a king could be removed if he did not perform his Raj Dharm
      Advantages:
    1. In first past the post system elected representatives do not necessarily represent the mandate of people. A Legislator may work only for his or her vote bank
    2. If democracy, if people have right to vote and chose their representatives, they should have the right to remove them, if they are found to be incompetent, insensitive and corrupt
    3. It can bring down the expenditure on campaigns because candidates with mala fide intentions would consider, the risk of being recalled.
    4. Performance of elected representatives can improve
      5. Disadvantage:
    5. It can become a tool to harass elected representatives
    6. This concept will lead to additional expenditure and thus burden on tax payers
    7. States with thin majority can lead to political instability if legislators of ruling party are recalled
    8. Involves ethical question of allowing those electors to vote in recall who did not vote in elections
Protection to Honest Civil Servants (with case study)
Case Study of 2019
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How does this trend affect the functioning of the civil services ?
if honest civil servants are implicated, prosecuted and imprisoned for their bonafide mistakes, it can have following adverse effects on the functioning of civil services
  1. delay in decision making
  1. waiting for directions of superior rather than acting proactively
  1. less creativity and risk averse civil servants
  1. status quoit and rule oriented civil servants
Second ARC Recommendations - 4th Report & 7th Chapter
  1. The Raison D’etre for vigilance (reason for something’s existence) is not to reduce but to enhance efficiency and effectiveness.
  1. Risk taking should form part of govt functioning
  1. Every loss caused to the organisation need not necessarily become a subject matter of vigilance enquiry
  1. More than the govt, managerial decision making in PSU’s and PSB’s offers considerable scope for genuine mistakes
  1. CVC has recognised this possibility of genuine commercial decisions going wrong without any motive, for this purpose each bank has setup an internal advisory committee of three senior officers, to scrutinise the complaints received in the bank, to determine involvement of vigilance angle
  1. there are, some provisions to protect honest public servants like sanction for prosecution of a public servant is required from appropriate authority under sec 19 of prevention of corruption act and sec 198 of IPC
  1. Only a special judge is competent to take cognisance of cases related to corruption
  1. The crucial question is of ensuring a balance between equality before law and protection of an honest civil servant who has his reputation to safeguard unlike a corrupt one
  1. Every allegation of corruption must be examined in depth at the initial stage itself before initiating any enquiry
    1. it must be assessed whether the allegation is specific, credible & verifiable or not.
        2. Only if these criteria are met, it should be recommended for verification
    2. open enquiries should not be taken up straight away, secrecy of enquiries should be maintained, such that neither the suspect office nor anybody else comes to know of it. Such secrecy is essential, to protect the reputation of honest and innocent official, and also to ensure effectiveness of open criminal investigation
        3. Such secrecy of enquiry will ensure that, incase the allegation is found to be incorrect without anyone coming to know about it
        Whenever an enquiry officer has to consult and expert, to understand, technical issues, he can do so but with proper application of mind at every stage to ensure that no injustice is caused to the innocent and innocent
  1. There should be profiling of officers such that integrity and reputation of every govt servant should be brought on record, before proceedings any govt servant, profile of the concerned govt servant should be referred to
  1. A special investigation unit to be setup in lokpal to investigate allegations of corruption against investigative agencies
Legal Framework for Anti-Corruption - Second ARC Recommendations
  1. Prevention of Corruption Act i.e PCA to add new offences of
    1. Gross perversion of constitution and democratic institutions
    2. Abuse of authority unduly favouring of harming someone without any pecuniary consideration
    3. obstruction of justice by unduly influencing law enforcement agencies and prosecution. It leads to failure of justice and undermines, public confidence in the system
    4. Squandering public money including ostentatious official life style
  1. Recommendation on Collusive Bribery
    1. Section 7 of PCA to be amended to provide a special offence of collusive bribery. An offence can be classified as collusive bribery if the outcome of transaction leads to a loss to the state
    2. In case of Collusive Bribery that the public servant is the beneficiary of the bribery & then the burden of proof shall lie on the accused civil servant
    3. The punishment for collusive bribery should be double that of other cases of bribery
  1. The sanction for prosecution shall not be required in cases where the civil servant has been trapped red handed or in case of possessing assets disproportionate to known sources of income
View of Second ARC on Art 310 & Art 311 - in Notes PDF
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  1. Introduction to the Premise
    1. Acc to Art 310 civil servants hold office at the pleasure of president
    2. Art 311 - No Govt servant can be dismissed or removed by an authority sub ordinate to that by which he was appointed
    3. No Govt servant can be dismissed or removed or reduced in rank without an enquiry in which he has been given a reasonable opportunity to defend himself
  1. However enquiry may not be necessary in following cases
    1. If govt servant is convicted on a criminal charge
    2. If it is not reasonable practical to hold enquiry
    3. If president is satisfied that enquiry cannot be held in the interest of security of state
    4. before 42nd CAA 1976, Govt servants also got an opportunity to represent against the quantum of punishment
  1. Arguments In Favor or retaining Art 311
    1. It is not Art 311 but the maze of procedures to hold enquiries that is responsible for corruption
    2. Without Art 311 if a govt servant is dismissed or removed without an enquiry, courts will not allow it, on the grounds of violation of principles of natural justice
    3. Judiciary has given multiple and conflicting judgements on disciplinary proceedings which makes the proceedings complicated
  1. Arguments Against repealing Art 311
    1. Critics of Art 311 believe that its deletion will reduce the job security of govt servants. This in turn will make them more responsive, committed and efficient
    2. Protection under Art 311 is to ensure that honest civil servants are not dismissed or removed arbitrarily but this protection is misused by dishonest civil servants also but
Whistleblowing & Whistle Blowers Protection Act 2014
Case Study 2020 - Chairman of Bharat Missiles Limited
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Case Study 2020 - Rampura Case Study
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Case Study 2020 - Municipal Commissioner
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