Administrative Ethics PDF
Administrative Ethics PDF
Administrative Ethics PDF
2l.0
Objectives
Introduction
Essentials to Ensure the Practice of Administrative Ethics
Integrity-Meaning
Corruption in Civil Services
Causes for Decline of Integrity in Civil Semces
Legal Framework to Check Corruption
Suggestion for Improvement of Integrity in Civil Services
Let Us Sum Up
Key Words
Some Useful Books
Answers to Check Your Progress Exercises
OBJECTIVES
21.1 INTRODUCTION
There is a need to develop both human and modern technology to improve
efficiency. However, priority should be given to human development. These are two
aspects to development technical and human. Organisations had usually been more
sensitive to possibilities offered to them by the achivements of modern technology
than to the refinements of human behaviour as revealed by the sciences of sociology
and psychology. On the other hand, lessons drawn from experience showed that
technical innovations deriving from the engineering sciences encountered
considerable resistance unless supported by corresponding changes in human
attitudes and behaviour. In an era of rapid change, the improvement of management
in its human aspect had become a critical issue. It is important to make full use of
the findings of social sciences which endeavoured to be instrumental in giving
guidance in the behaviour of individuals and groups in varying circumstances.
Organisations, should, therefore, be conceived as complex socio-technical systems
whose management requires both technical skills and insight into the motives of
human behaviour.
It is widely agreed that manipulation and lack of ethics produce strong negative sideeffects and reduce organisational effectiveness. With this important value
commitment, the organisations may shift their styles and climate from direction,
control and surveillance to providing help, support and instruction. Mutuality and
collaboration between the leaders and the led, self-control and mutual support an
essential for creating an organic organisation. Let the newcomers strive to set up
organised society with social democracy and high human values setting up ideal
societal or public management institutions and if such timely warnings 'are not
accented. social llncllroec are bound to develob in a mild or a violent form.
"It is fortunate that there are in government large number of men and women
who lead devoted lives of public service. They work extremely hard for far less
pay than they could get in private industy. They never sell out the public
interest but instead,defend it with great difficulties. They do all this, moreover,
without receiving appreciable praise. They are generally either little know or
actually ignored by the public. Sometimes, they, are bitterly attacked by
interests.which are seeking to obtain unfair privileges or which are swayed by
unfounded prejudices. These men and women are indeed unsung heroes, who
deserve far more recognition than they receive."
The future of the public services is in the hands of its members who must strive for
creativity, academic excellence, and the pursuit of excellence of service in their
professional activities. In this way, it would be possible to create a climate of
creativity and optimum performance. Such a situation would have a chain effect.
An attitude of dedication to the set goals of an organisations should be an
indispensable trait of the top leaders. This is their primary source of self-confidence
to operate and function effectively and efficiently and in turn transfer the same to
the public. It is not just performing development-linked administrative duties; it is
taking action and encouraging people to take action required to bring about
structural changes and growth in the economy. This needs to be supplemented by
their belief in the organisational goals.
No organisation can develop until and unless the personnel working in the
Working Conditions.
Conditions of Service
iii) Relations between Citizens and Personnel to Create Favourable Opinion towards
Public Services
Many well-intentioned and technically sound programmes aimed at solving problems
have been frustrated by lack of popular acceptance and community participation.
Public re!ations is the establishment of a climate of understanding. It means
interpreting the programme of an organisation to the public and vice versa. The
purpose of public relations is not only to supply information. but also to encourage
an understanding and co-operation between the citizens and the public servants. It is
the duty of every member of the organisation to maintain public relations.
There is a great deal of alienation between the people and the organisation. This has
undermined the legitimacy, effectiveness and credibility of the public administration
in our country. We need to promote harmony and mutual trust among the people
and public administration. The objectives of public relations should be to increase
prcbtige and good-will and protect the life of the organisation by safeguarding it
against unwarranted attacks as well as to remove the genuine complaints and
grievances of the people.
To improve understanding between the citizens and the personnel, public relations
need to be developed in an effective manner to create favourable community opinion
towards public services. This would create confidence in the minds of the people
towards the competence. fairness, honesty, impartiality and sincerity of the public
services.
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The success of any government depends upon the effective collaboration of its
citizens. All the books of civics would emphasise civic consciousness for the progress
of the country. This is possible only if our educational system and mass media are
reoriented to character-building among the people. People's character is the ultimate
source which can supply kinetic energy for modernisation and development.
There is a great need to infuse civic consciousness, patriotism and discipline among
the citizens through education, adult education gnd functional literacy. The
members of all the Communities would the~ncooperate with the personnel in the
public services. And the personnel in the public services would work hard to bring
about all round development of the people. The former President Sanjiva Reddy
while inaugurating the Silver Jubilee Celebration of Kurukshetra University on
January 11, 1980, rightly said the "India is in need of a new educational system
which will look upon the child as a bud that opens up petal by petaland which
needs the sunlight of the ideals of truth, beauty and goodness. Only such citizens
would be able to contribute to national prosperity in whatever field they may be
engaged .-"
v) Impartiality
The prestige and reputation of the civil service depends to a great extent upon the
ethos, attitudes and perception of its member.
In this context, the.foremost characteristics required among the civil servants are
impartiality and consistency in the transaction of public.business. Civil servants are
required to be completely impartial to avoid corruption and favouritism; civil
servants must maintain the dignity and authority of the public office. They must
meticulously implement 'the ~oliciesand programmes as laid down in laws,
regulations and rules.
An allied requirement of promoting impartiality is the necessity of developing and
maintaining a national outlook. It involves on the part of the civil service,
willingness to understand and be tolerant of different points of view, different
cultural patterns, and different work habits. It also means willingness to work
without prejudice or bias with persons of all regions, relrgions and cultures. It
involves conduct of the highest type and exercise' of judgement and restraint in all
expressions of view whether public or private. Any expression which could be
construed as biased or intolerant, particularly in respect of regional interests or
political issues with which the organisation is confronted, must be avoided.
vi) Political Neutrality
Political neutrality is an essential ingredient of civil service in a democratic setup for
the integrity the efficiency of administration. It means that the civil service .should
give free and frank advice to the government impartially and without any political
consideration. It also means the implementation of the decisions of the government
by the civil service faithfully whether such decisions were in consonance with their
advice or not; P.C. Sethi in his article, "New Challenges in Administratioh" in the
Indian Journal of Public Administration (April-June, 1975) has rightly said that the
concept of neutrality should be emphasised to generate
a)
b)
trust among the ministers that their orders would be faithfully carried out
irrespective of their ideology; and
c)
To maintain the discipline, integrity and political neutrality of the services, the Civil
Services Conduct Rules iramed by the Government of India lay down the code of
conduct to be observed by the government servants. The service rules for ensuring
neutrality of the service in politics provide that:
a)
Administrative Ethics
and Integrity in
Civil Services
Working Conditions,
Condiliom of Servlce
b)
It shall be the duty of every member of the service to endeavour to prevent any
member of the family from taking part in, subscribing in aid of, or assisting in
any other manner, any movement or activity which is, or tends directly to be,
subversive of the government as by law established and where a member of the
service fails to prevent a member of his/ her family from indulging in any of the
aforesaid actions, helshe shall make a report to this effect to the government.
c)
No member of the service shall canvass or otherwise interfere or use his/ her
influence in connection .with or take any part in, any election to any
legislature or local authority.
d)
A member of the service qualified to vote in elections may exercise his/ her
right to vote but where helshe does so, helshe shall give no indication of the
manner in which helshe proposes to vote or has voted.
e)
A survey of these rules indicate that these are too strict. We must not forget that the
civil service in India constitutes one of the biggest well-informed groups of our
population on public affairs. The government should liberalise its policy on political
rights of civil servants and allow the civil services as advised by the Central Pay
Commission to breathe in an atmosphere of freedom and self-confidence.
The Committee on Petititions (Rajya Sabha) considered the political rights of civil
servants in its fifty-first report presented to the Rajya Sabha in June 1977. Rajya
Sabha did not favour the granting of political rights of civil servants as this would
have a n adverse effect on the objective and non-partisan approach expected of a
government servant.
The problem is how to make the civil servant sensitive to national programmes and
keep him/ her away from partisan political activity. N. Rajagopalan in his article,
"Political Mentality of the Public Service: A Perspective Study" in the Indian Journal of
Public Administration (January-March, 1977) has rightly concluded that
"As a human being no public servant can be psychologically neutral on issues
and problems which confront him. No public servant can possibly take a
neutral position between welfare and stagnation, between service and apathy,
and between action and inaction. A commitment to the goals and objectives of
the state is inescapable, neutrality cannot be allowed to degenerate into
unconcern, political sterilization, ought not become political desensitization.
There is a crying need, more than ever before, for developing sense of
responsiveness and positive concern in the public administration to the goals
and programmes of the state in democratic governments, if public
administrative is to deliver the goods and take its rightful place in the national
polity ."
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21.3 INTEGRITY-MEANING
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21.4
Deviation from normal standards of lack of integrity takes various shapes in the
form of corruption, patronage (based on communalism, sectarianism, nepotism and
favouritism) and undue influence. Bribery, nepotism, misuse of power or influence,
black marketing p r o f i t ~ r i n gand similar other practices are not all that is meant by
corruption. In fact, anyone wasting public money, lacks integrity. In general terms,
corruption may be defined as the deliberate and intentional/exploitation of one's
position, status or ,resources directly or indirectly, for personal aggrandisement
whether it be in terms of material gain o r enhancement of power, prestige or
influence beyond what is legitimate or sanctioned by commonly accepted norms
to the detriment of the interests of other persons or the community a s a whole.
Section 161 of the Indian Penal Code defines 'corruption' in legal terms, as under:
"Whoever being or expecting to be public servant accepts, or obtains, or'agrees
to accept, or attempts to obtain from any person for himself/ herself or for any
other person any gratification whatever other than legal remuneration as a
motive or reward for doing or forbearing to d o any official act, or for showing,
or to show, in the exercise for his] her official function, favour or disfavour to
any person, or for rendering or attempting to render any service or disservice
to any person, with the Central or any State Government or Parliament or
Legislature of any State or with any public servant as such, shall be punished
with imprisonment.of either description for a term which may extend to three
years, or with fine, or with both."
Another species of corruption not generally recognised as corruption is extravagant
expenditure of public money. Extravagant expenditure of public money amounts to
inflicting an undue charge on the general public by spending public funds on
purposes that are not essential or spending more than necessary on essential
purposes.
Administrative Ethics
and Integrity in
Civil Services
handsomely. Lower posls were offered to Indians. Salaries to these posts were very
low. S o they indulged' in corrupt practices.
After World War 11, scarcities led to many types of controls. It gave added
opportunities to these low paid employees to resort to corrupt practices. Then it
became habitual. It was during World War I1 that corruption reached the highest
mark in India. The climate for integrity which had been rendered unhealthy by
wartime controls and scarcities was further aggravated by the post-war flush of
money and the consequent inflation.
21.6
After going through the various causes for dealing of integrity in civil services, it is
essential to look into the legal framework which intends to check corruption. It was
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various conduct rules dealing with the civil servants. There has been appointed
committee to review the existing instruments for combating corruption like the
Santhanam Committee. And vigilance commissions' have been set up at the central
and the state level. Moreover, there is the central bureau of investigation and the
institutions of Lok Pal and Lok Ayukta which are all there for prevention of
corruption. Here, all these are discussed in detail.
i) Prevention of Corruption Act, 1947
The Prevention of Corruption Act, 1947, defines the scope of corruption io regard to
public servants as follows:
"A public servant is said to commit the offence of criminal misconduct in the
discharge of his duty:
1) If he habitually accepts or obtains or agrees to accept for himself or attempts to
obtain from any person for himself or for any other person, any gratification
(other than legal remuneration) as a motive or reward as mentioned in Section
161 of the Indian Panel Code.
2) If he habitually accepts or obtains or agrees to accept or attempts to obtain for
himself or for any other person, any valuable thing without consideration or for
a consideration which he knows to be inadequate from any person whom he
knows to have been, or to be likely to or about to be transacted by him, or
having connection with the official functions of himself or of any public servant
to whom he is subordinate, or from any person whom he knows to be interested
in or related to the person concerned.
3) If he dishonestly or fraudulently misappropriates, or, otherwise, abuses his
position as a public servant, obtains for himself or for any other person any
valuable thing or pecuniary advantage.
ii) Civil Servants Conduct Rules
Different categories of government. servants are governed by separate but
substantially similar, sets of cunduct rules. The following sets of rules are in force:
I) All India Services (Conduct) Rules, 1954
2) Central Civil Services (Conduct) Rules, 1955
3) Railway Services (Conduct) Rules, 1956
The Government has also made rules or issued instructions from time to time in
dealing with particular situations regarding public servants.
Lending and borrowing by gazetted officers, in 1860 and by non-gazetted
employees in 1869;
ii) Accepting gifts in 1876;
iii) Buying and selling houses and other valuable property in 1881;
' iv)
Entering into aQy pecuniary arrangement for resignation by one of them of any
office under gokrnment for the behefit of others in 1883.
Making investment other than those in immovable property and speculating, in
1885;
vi) Promoting and managing companies, engaging in private trade and
employment in 1885;
vii) Raising subscriptions by public servahtS in 1885;
viii) Being habitually indebted or insolvent, 1885;
ix) Accepting commercial employment after retirement in 1920.
These rules invariably suffer from numerous loopholes with the consequence that the
temptation to corrupt and be corrupted is too strong to be kept under check by
them.
iii) Santhanam Committee on Prevention of Corruption
The Santhanam Committee, which'was appointed in June- 1962 to review existing
instruments for combating corruption and to advise on practical measures to make
anti-corruption measures more effective, submitted its report in March 1964. Some
of the important recommendations of this Committee were the Art. 31 1 of the
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easy and speedy, that there should be Central and State Vigilance Commissions with
autonomous powers to combat corruption at (central and state: levels respectively.
iv) Central Vigilance Commiesion (C.V.C.)
The Central Vigilance Commission has jurisdiction and powers in respect of matters
to which the executive powers of the Central Government extend. Its jurisdiction
thus, extends to all employees of the Central Government and the employees in
public undertakings, corporate bodies and other organisations dealing with any
matter falling within the executive powers of the Central Government. Also, the
Delhi Metropolitan Council and the New Delhi Municipal Committee fall within the
purview of the commission., To begin with, the Commission has decided to include
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only gazetted officers and officers of equivalent status within its orbit.
Functions
1) It undertakes an inquiry into transaction in which a public servant is suspected
or alleged to have acted for an improper purpose or in a corrupt manner.
2)
3) It calls for reports from agencies so as to enable it to exercise general check and
supervision over the vigilance and anti-corruption work in them.
4)
It can take over under its direct co.ntrol complaints for further action which may
be either (i) to ask the Central Bureau of Investigation to register a regular case
and investigate it, or (ii) to entrust it for inquiry to the Central Bureau of
Investigation or to the agency concerned.
a)
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Adminlstntive Ethla,
and Integrity in
Civil Scrvlccs
Indian Administrative Service and the Central Secretariat Service (Grade-I and
above of the service); and adminktrative matters connected with the Central Bureau
of'Investigation and the Gentral Vigilance Commission as also with the policy
tnatters relating to powers and functions of the Cornhission.
The Special Police Establishment is a specialised agency for making inquiries and
investigations into certain specified offences and it is one of the Divisions of the
Central Bureau of Investigation. It is supplementary to the State Police Force. It
enjoins with the respective State Police Force, concurrent powers of investigation &nd
prosecution in respect of offences uilder the Delhi Police Establishment Act, 1946. To
+void duplication of effort, an administrative arrangement has been made between
the Central Government and the State Governments about the type of cases to be
taken by the Special Police Establishment.
The role of the Central Bureau of Investigatio~?may be shortly described as follows:
1) It can take up investigations against the higher levels and in complex cases.
2) It is resourceful and can get material from various sources which may not be
available to normal departmental machinery.
3) Even 'if its cases in the early year proved to be weak, it is now encouraging to
see that the Central Bureau of Investigation takes up only those cases for
prosecution which are sound and strong.
The most important need in the interest of efficiency and progress is to fix a time
schedule for a case to demarcate clear fields of r&ponsibility between the Central
Bureau of Investigation and the Central Vigilance Commission.
vU) Institutions of Lok Pa1 and Lok Ayukta
The 'Administrative R e f o r k Commission, recommeded in 1966 to the Central
Government, the setting up of the Institutions of Lok Pal and Lok Ayukta which are
analogous to the parliamentary commissioner in England and Newzealand, for
redress of public grievances.
Lok Pd
He/She is appointed by the President on the advice of Prime Minister who u to
consult the Chief Justice of India and the leader of the opposition in Lok Sabha.
Lok Pal commands the same status as that of the Chief Justice of India. He/She lrq
free to choose his/ her own staff though their conditions of service fall under the
control of parliament.
8)
Jurisdiction
Re/ She has the power to investigate an administrative,act done by or with the
approval of a minister or a Secretary to the state or central government, if the
complaint is made against such an act by a person who is affected by it and who
claims to have suffered an injustice on that account. Such a complaint may be
lodged by an individual or by a corporation. He/She is also a u t h o r i d to investipte
gny administrative act brought to his/her notice by any body else other than the
directly affected person.
But, no person can be forced by Lok Pal to give any evidence or produce which
he/she could not be compelled to give or produce before a court.
No proceedings of Lok Pal can be challenged in any court gf law except on ground
of,jurisdiction. No legal proceedings can lie against Lok Pal for anything done under
the Act in good faith.
b) Lok Ayukta
The President of India is empowered to appoint one or more than one Lok Ayukta
in consultation with the Lok Pal.
The Lok Ayukta is under the adrn@htrrtive control of the Lok Pal who can issue
directions regarding convenient disposal of investigation. However the Lok Pal is not
authorised to question any finding, conclusion or recommendation of the Lok
Ayukta. The latter is supposed to have jurisdiction over actions of public servants
other than those within the purview of Lok Pal. The conditions of appointment,
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protection in respect of Lok Ayukta are analogous of those in respect of Lok Pal.
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Jurisdiction
The Lok Ayukta or Upa Lok Ayukta may investigate any action taken by (a) Chief
Minister or Secretary,(b) Any public servant including public servant notified for this
purpose by the State Government, (c) He/She will conduct an investigation only on
the complaint to be filed by an aggreived person accompanied by an affidavit
(d) any person making a false complaint wilfully and maliciously to Lok Ayukta are
liable for punishment, (e) The State Government may exclude any comblaints,
involving a grievance or an allegation against a public servant, from the jurisdiction
of Lok Ayukta.
The Lok Ayukta and Upa LUk Ayukta shall present annually a consolidated report
on the performance of their functions under the Act to the Government.
0 rganisat ion
It includes investigation (Police) wing, and technical wing, the enquiry wing and
administrative wing. Beside these, district grievance cell and Lok Ayukta police
stations are already operating in the district without any coordination. This is
nothing but creation of three-tier structure of Ombudsman at the Centre, State and
district levels.
The important prerequisite for independent and impartial functioning of Lok Ayukta
is his/ her being independent of the State Executive and Legislative.
ill) C m h l of 8 H d t b y Public O ~ 0 An
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Ethic :An ethic of a particular kind in an idea or moral belief that influences the
behaviour attitudes and philosophy of life of a group of peopk.
Ethos :An ethos is the set of ideas and attitudes that is associated-with a particular
group of people as a particular type of activity.
Integrity :Integrity is the quality of being honest & firm in one's moral principles.
21.11 ANSWERS TO
EXERCISES
Check Your Progress 1
1) See Section 21.3
Check Your Progrees 2
1) See Section 21.6
2) See Section 21.7
Check Your Progress 3
1) See Section 21.8
CHECK
YOUR
PROGRESS