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UNIT 21 ADMINISTRATIVE ETHICS

AND INTEGRITY IN CIVIL


SERVICES
Structure
21.0
21.1
21.2
21.3
,21.4
21.5
21.6
21.7
21.8
2 1.9
21.10
21.1 1

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

After reading this unit, you should be able to:


discuss the essentials to ensure the practice of administrative ethics;
describe the causes for decline of integrity in civil services;
discuss the legal framework to check corruption; and
suggest measures for improvement of integrity in civil semces.

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.

In spite of the enactment of laws, rules and regulations to ensure impartiality,


honesty and devotion among the civil service, there still remains a vast area of

administrative discretion which cannot be controlled by formal laws, procedurts


and methods. In such areas 'no supervision from above " says Otto Kircheeimer,
"can be as effective as an automatic. control on the minds of those posseeahg it and
creating standards of efficiency as well as honesty. Any deviation from the common
standards under such circumstances is likely to be discovered sooner or later and
rooted out." In the words of McCanny, in all such areas "they must answer to their
own conscience, to their own senses of dignity and pride, to the opinions of their
fellow-men and above all, to their devotion, to their own honest effort to define the
total welfare and to serve it. The group of civil servants must be imbued with the
ideal of service. It was rightly mentioned by Garner that "No seciety can reach
heights of greatness unless in all fields critical to its growth and creativity these is an
ample supply of dedicated men and womin". The ideals of ethic8 ~nshrinedin the
various religious scriptures must be imbibed by one and all in the administration.
The basic principle that "in helping others, one is helping one's oneself", should be
ingrained in the character. Then alone, the system would reflect it. On the public
administrations, managers and political leaders depend, to a great extent, the work
atmosphere. Only when human beings are treated as human beings, only when, none
in the system feels that helshe is being exploited then only heishe can give hisiher
best to the organisation.

21.2 ESSENTIALS TO ENSURE THE PRACTICE OF


ADMINISTRATIVE ETHICS
The following are the essentials to ensure the practice of administrative ethics.
Faith, determination towards pursuit of excellence of service In their profu~io11.l
activities
The most important factor for the success of any organisation is its leadershippolitical and administrative. Public services must develop ethical standards which
help them in their best performance. Standards are contagious. They spread
throughout an organisation, a group, or a society. If an organisation or group
cherishes high standards, the behaviour of the individual who enters it is inevitably
influenced. They should not develop an excessive sense of self-importance or
arrogance. Senator Paul Douglas's remarks quoted below should be imbided by the
public services:
i)

"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

In the words of Jawaharlal Nehru:


"No administrator can really do first class work without a sense of function.
Without some measures of a crusading spirit. I am doing this, I have to achive
this as a part of a great movement in a big cause. That gives a sense of
function, not the sense of the individual, narrow approach of doing a job in a n
office for a salary as wage, something connected with your life's out look or
anything, perhaps being interested, as people inevitable are. on one's personal
preferment in the particular work.*>

ii) 1nf;ion of Ethics into Politics


Infusion of ethics into politics so that the political elite can demonstrate integrity
and in still faith among subordinates about their fairness and impartiality:
Most of the problems in public administration emanate from political corruption and
interference. The credibility gap between the political and administrative leadership is
on the increase. Most of the commissions, committees and the daily press have been
emphasising the gravity of the situation. No organisation can progress until and
unless its political leaders are above board. One of the founding fathers of the Indian
Constitution, Mr. H.V. Kamath, regretted that the total devaluation of moral values
and ethical ideals in public life and administration today has giyen rise to the present
day rat race for position, power and pelf by any means more by crook than by hook.
The political elite must demonstrate integrity and instill faith among their
subordinates about their fairness and impartiality. Faith is a contagious disease and
once it is developed, it would bend the various levels of the administration into a
cohesive structure. All the decisions in such an organisation are affected by the
whims of political elite rather than the needs of the organisation. Thus, there is a
need to train the political elite to encourage them to pursue ethical ways so that they
fulfil the pledges made to the people to lead a good, clean life. Words. written or
spoken, are of no use unless put into action. The emphasis should be more on
performance than on paper planning. The future of this budding developing
democracy depends upon the attitude of its political and administrative elite.

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.

iv) Need for Character Building


Administrative morality is a part and parcel of the general morality of the
community. Finer said, "The ethics of every profession will be found, on close
analysis, to be not much higher and not much lower than the general decency of the
nation as q whole. Their nature, at the best, is powerfully moulded by the level of
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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)

public confidence in the administrators against political influences;

b)

trust among the ministers that their orders would be faithfully carried out
irrespective of their ideology; and

c)

keeping of an atmosphere of appraisals and promotions in the civil service


which would be free from political influence.

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)

No member of the service shall be a member of, or be otherwise associated


with any political party or any organisation, which takes part in politics nor
shall he/she take part in, subscribe in aid of, or assist in any other manner, any
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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)

No member of the service shall, in any radio broadcast or in any document


published anonymously or in his/ her own name, or in the name of any other
person, or in any communication to the press or in any public utterance make
any statement of fact or opinion, (i) which has the effect of any adverse
criticism of any current or recent policy or action of the Central Government or
a State Government or, (ii) which is capable of embarrassing the relations
between the Central Government and the Government of any State or, (iii) which
is capable of embarrassing the relations between the Central Government of any
foreign state.

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 ."

i
1i

Check Your Progress 1

Note : I) Use the space given below-for your answer.


2) Check your answer with that given at the end of the unit.
1) What are the essentials to ensure the practice of administrative ethics?

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21.3 INTEGRITY-MEANING
I

I
I

The dictionary defines integrity as 'soundness of moral principles; the character of


uncorrupted virtues; uprightness; honesty; sincerity, Integrity is, indeed, the most
essentfal attribute of a welfare state. The first five year plan rightly emphasised;
"Integrity in public affairs and administration is essential and there must, therefoye,
be an insistence on it in every branch by public activity. The influence of corruption
is insidious. It undermines the structure of administration and the confidence of the
public in the administration. There must, therefore, be a continuous war against
every species of corruption within the administration."
Vitally important though integrity of personnel is, it is, today, a largely forsaken
virture, and faces a serious threat of being driven out of existence from the public
administration, indeed, from most sectors of life of this country. Instances of
individuals lacking integrity are legion. Or. as Nirad C. Chaudhuri writes, 'There is
hardly any one from a petty clerk to a minister who is not manageable with a
proportionate amount of gratification". This statement may probably hold good for
all walks of life in India of today.

21.4

CORRUPTION IN CIVIL SERVICES

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.

21.5 CAUSES FOR DECLINE OF INTEGRITY IN


CIVIL SERVICES
There are various causes of corruption which result in lack of integrity. These can be
discussed under the following headings.
i) Historical Causes
In India, corruption has its roots in the colonial rule of the past. British
administration was not interested in the overall development of the country. All
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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.

ii) Environmental Causes


The second important cause of corruption in public service is 'fast urbanisation and
industrialisation where material possessions, position and economic power determine the
status and prestige of a
in the society. Since salaries are low and inflation is
unabated, poor civil servants fall easy prey to corrupt practices in order to maintain
status in the society.
iii) Economic Causes
Inadequate remuneration of salary scales and rising cost of living is probably one of
the important causes of corruption. In recent years, the fast rising cost of living has
brought down the real income of various sections of the community, particularly the
salaried classes. The urge to appear prestigious by material possessions has
encouraged those who had the opportunities to succumb to temptations.
iv) Lack of Strong Public Opinion Against the Evil of Corruption
People d o not report to government against corrupt officials. Instead they offer
bribes t o get their illegitimate claims accepted. People must fight against corruption
and build a strong public opinion against corruption.
v) Complicated and Cumbersome Procedures and Working of Government Offices
It is alleged that the working of certain government departments, e.g., the Customs
and Central Excise, Imports and Exports, Railways, Supplies and Disposals, Police,
Income Tax.,etc, is complicated, cumbersome and dilatory. This has encouraged the
growth of dishonest practices like the system of 'speedy money'.
vi) Inadequate Laws to Deal with Corruption
Indian Penal Code and other laws which deal with corruption cases are outmoded
and provide insufficient penalties. It takes too much time to get a corrupt officials
punished under the laws. Summary trials and stricter punishments should be
awarded t o end corruption. Therefore the laws will have to be changed.accordingly.
vii) Undue Protection Given to the Public Services in India
Article 31 1 of the Indian Constitution which provides protection to civil servants, as
interpreted by our courts, made it difficult to deal effectively with corrupt public
servants. Reluctance of higher officials to take disciplinary action against corrupt
officials due to their collusion with them has further aggravated the situation.
viii) Collusion of Commercial and Industrial Magnates and Others to Serve their
Individual Interests
Big businessmen, dishonest merchants, suppliers and contractors, bribe the civil
servants in order to get undue favours from them. Sometimes they share a portion of
their illearned profit with the government servants.
ix) Pressure Groups
Pressure Groups like Indian Chamber of Commerce, 'Trade Associations, State
Chambers of Commerce, are said to help in breeding corruption through their
activities of getting favours for their communities. They influence ruling elite through
dinners, parties, luncheons. etc.

21.6

LEGAL FRAMEWORK TO CHECK CORRUPTION

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
e
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)

It causes an inquiry or investigation to be made into any complaint that a public


servant had exercised or refrained from exercising his/ her powers for improper
or corrupted purposes, and any complaints of corruption, misconduct, lack of
integrity of other kinds of malpractices or misdemeanour on the part of a public
servant.

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.

5) It may initiate review of procedures and practices of administration insofar as


they relate to maintenance of integrity in administration.
The Commission submits an annual report to the Ministry of Home Affairs about its
activities drawing particular attention to any recommendation made by it which had
not been accepted or acted upon. The Ministry of Home Affairs places this report
before each House of Parliament.
The Commission has at present a staff of 155 employees including those in Class IV.
It is headed by the Central Vigilance Commissioner who is appointed by the
President by warrant under his/ her hand and seal. He/She holds office for a term of
six years or till helshe attains the age of 65, whichever is earlier.He/She cannot be
removed or suspended from office except in the manner provided for the removal or
suspension of the Chairman or a member of the Union Public Service Commission.
After retirement, helshe cannot accept any further employment under the Central
Government or the State Government.
In addition to him/ her, the Commission consists of one Secretary, one Officer on
Special Duty, one Chief Technical Commissioner, Seven Commissioners for
Departmental Enquiries, two under Secretaries and nine Technical Commissioners.
The Chief Technical Commissioners' Organisation has been transferred to.the
Central Vigilance Commissioner.
The Central Vigilance Commission owes its existence to the executive resolution. It
is not a statutory body. Its functions are advisory, hut 'advisory' in the same sense as
those of the 'public service commission'. "The independent and autonomous status of
and jurisdiction, and the fact that it indicates in
the commission, its extenswe
its annual report in which the Administrative Authorities have not accepted its
advice, make the commission an effective instrument that all complaints of
corruption or lack of integrity on the part of public servant are given adequate and
due attention. " '
Procedure
The Commission receives complaints from individual persons. It also gathers
information about corruption and malpractices or misconduct from various sources,
such as, press reports, information given by the members of parliament in their

in the reports of parliamentary committees, Audit Reports and information coming


to its knowledge through Central Bureau of Investigation. It welcomes the assistance
of voluntary organisations Iike Sadachar Samiti and responsible citizens and the
press.
The Commission often receives complaints pertaining to matters falling within the
scope of the State Governments. Where considered suitable, such complaints are
brought to the notice of state vigilance commissioners concerned for necessary
action. Similarly, complaints received by the State Vigilance Commission in regard
to matters faIling within the jurisdiction of the Central Government are forwarded
by them to the Central Vigilance Commission for appropriate action.
The Central Vigilance Commission has the following alternatives to deal with these
complaints:
It may entrust the matter for inquiry to the administrative Ministry/ Department
concerned.
b) ( " It may ask the Central Bureau of Investigation (C.B.I.) to make a n enquiry.
I t may ask the Director of the C.B.I. to register a case and investigate it.
c)

a)

i
I

v) State Vigilance Commission


The Santhanam Committee on prelention of corruption made detailed
recommendations in 1964 for strengthening of the Vigilance Organisption in each
Ministry/ Department to make it more effective. While the primary responsibility for
the maintenance of purity, integrity and efficiency in each organisation continues to
vest in the Secretary of the Ministry or the Head of the Department, an officer in
each Ministry/ Department has been designated as Chief Vigilance Officer and
entrusted with vigilance work. While acting as Special Assistant to the Secretary or
,the Head of the Department in all matters pertaining to vigilance, he provides a link
between the Central Vigilance Commission and the Ministries/ Departments.
Similarly, an officer in each attached and subordinate office, and in all public sector
undertakings has been designated as Vigilance Officer. The Chief Vigilance Officer is
responsible for coordinating and guiding of the activities of other Vigilance Officers
in the attached and subordinate offices and other organisations with which his/her
Ministry/ Department is concerned. Some of the Chief Vigilance Qfficersl Vigilance
Officers, particularly in larger ministries and departments are whole-time officers
while others are part-time, depending upon the volume of vigilance work arising in
a n organisation.

Every Chief Vigilance Officer is t o be appointed in consultation with the Central


Vigilance Commission, and the VigilanceOfficers in the attached and subordinate
offices in consultation with the Chief Vigilance Officer of the respective
Ministry/ Department. The Chief Vigilance Officers are generally of the rank ,of a
Deputy Secretary and Vigilance Officers of the rank of an Under Secretary. In public
undertakings fhe Vigilance Officers are of such rank as may be decided by the head of
the undertaking in consultation with the Central Vigilance Commission.
The Central Vigilance Commission has been given the power to assess the work of
the Chief Vigilance Officers and the assessment is recorded in the character rolls of
the officers.
The Chief Vigilance Officers undertake review of the existing arrangements in the
organisation under their charge including the public undertakings with a view to
taking suitable steps or forstrengthening the existing set up, wherever necessary. All
proposals for reorganisation or strengthening the vigilance organisation are first
required to be referred to the Central Vigilance Commission for scrutiny.
vi) Central Bureau of Investigation
Apart from vigilance organisation id every ministry and department, the centralised
agency for anti-corruption work viz. the Central Bureau of Investigation, which
functions administratively under the Department of Personnel and Administrative
Reforms. The latter formulates all policy matters pertaining to vigilance and
' discipline among public servants. It also coordinates the activities of various heads of
departments and fu~~ctions
as the nodal authority in the matter of administratwe
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Adminlstntive Ethla,
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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,
tenure nf nffice remnval crnnp nf f~~nrtinns
manner nf makinn cnmnlaint. manner

of functioning. recommendation, reports, secrecy of information, contempt and

protection in respect of Lok Ayukta are analogous of those in respect of Lok Pal.

Lok Ayukta in States


While attempts are going on in Parliament to put the Lok Pal Bill into effect, the
office of Lok Ayukta has been set up in some states. These states are Orissa,
Maharashtra, Rajasthan, Bihar, Uttar Pradesh and Madhya Pradesh. The office of
Lok Ayukta in Andhra PrMesh and Karnataka is of recent ojgin.
Appointment
The Lok Ayukta shall be appointed by the Governor in consultation with the Chief
Justice of the High Court and leader of the Opposition in Assembly. The Upa Lok
Ayukta may be appointed by the governor in consultation with Lok Ayukta. HeJShe
shall hold office for five years. He/ She shall be removed subject to the
of
Article 3 11 of the consultation and an inquiry to be conducted by way of proceeding
before any tribunal or court of law.

1
I1

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.

Check Your Progress 2


Note : 1) Use the space given below for your,answers.
2) Check your answer with those given at the end of the unit.
1) What are the causes for decline of integrity in civil services?

2) Discuss the legal framework to check corruption.

21.7 SUGGESTIONS FOR IMPROVEMENT OF


INTEGRITY IN CIVIL SERVICES
,

Some suggestions may be given to improve integrity in the civil services.

i) Maltin8 Conditions of Service Attractive


Government officials, particularly at lower level, are forced by poverty to regard
office holding as a source of income which they would seek to maximise. Public
services are rendered in exchange for extra money, services, which tend to be bad
and slow if no bribe is given. Raising of pay, consequently, is a basic means to wipe
out the widespread bribery in the civil services. It is good that Government has set
up the Fourth National Pay Commission to look into the salary structure of federal
employees.

ii) Simpltncation of workin# of Government Machinery


The root cause to proliferation of corruption seems to be the complicated procedures
of Government offices. These procedures need to be evaluated and simplified. .
Delays must be prevented and officials made fully responsive to the needs of all the
people.
m tbc E f l d of CCWNphl
Corruption will flourish till the general mass of people resist it with determination
and strength. Most of all, the elimination of corruption requires a widespread and
steadfast opposition to it, coupled with'the courage to act against it. There can be no
doubt thatAhe people of India can get rid of corruption.

ill) C m h l of 8 H d t b y Public O ~ 0 An

iv) lbmdng High Stanhrdr of Codact among tbc,Top Pcrsonnei


High Officials having considerable discretionary powers must be thoroughly
disciplined to refuse gifts, invitations and other favours.
In this context, it is pertinent to note the efforts made by the government to carry
the quest for integrity at the divisional and district levels. At the divisional level,
there is a Divisional Vigilance Board which consists of the Divisional Committees,
Deputy Inspector General of Police and a Divisional Vigilance Commissioner. At the
district level, there is a District Vigilance Officer who is appointed by the District
Collector, Deputy Commissioner from among his/ her gazetted assistants in
consultation with the Divisional Vigilance Board.
There has, thus, emerged a web of vigilance agencies in the country. TO streamline
this quest for integrity, the Vigilance Commissioners of all States hold an annual
conference which is presided over by the Chief Vigilance Commissioner. This annual
gathering serves useful purpose, it provides a forum for the discussion of mutual
problems and exchange of experiences, and gives publicity to vigilance diorts of the
Government at both the Central and State levels, thus inspiring people's confidence
in the Government's sincerity of purposes.
However, this does not imply that corruption in public administration has been
eliminated or is under control. Far from it, corruption has entered every nook and
crany of India's public life, and the country's public administration is ridden with it.
This has happened largely because there is no political will to remove it.
'+I

: eck Your Progress 3


Note : 1) Use the space given below for your answer.
2) Check your answer withihar given at the end of the unit.

1) What. should be done for improvement of integrity in civil,services?

1
r

21.8 LET US SUM UP


In this lesson, we have dealt, at length with the implications of administrative ethics
and integrity in civil services. It is the fundamental responsibility of the management
to spell out clearly as to how the ever increasing size of the Government and rising
expectations of the people call for high ethical and professional standards on the
part of governmint employees. Accordingly, the public off~cialsare expected to
furnish examples of incorrupt behaviour as their actions have a direct impact on the
character of the community. The tools and techniques adopted by the Government
of India and the State Governments in this cbllenging task have been highlighted.

21.9 KEY WORDS


Code of Conduct :A set of written rules in an organisation which state how people
should behave.
t

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.

21.10 SOME USEFUL BOOKS


Avasthi, A. & Maheshwari, S., 1987. M l i c Administration; Lakshmi Narain
Agrawal : Agra.
Goel S.L, 1984. Public Personnel Administration; Staling Publisher Pvt. Ltd. :
New Delhi.
Jain, R.B., 1976. Contemporary Isrues in Indian Administration; Vhhal
Publications : New Delhi.

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

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