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ETHICS IN ADMINISTRATION- SOURCES, Student Notes:

APTITUDE AND FOUNDATIONAL VALUES

Table of Contents
1. Introduction ...........................................................................................................3
2. Source of Ethical guidance in Administration ..........................................................3
2.1 Indian sources of ethical guidance ............................................................................... 3
2.2. Western sources of ethical guidance ........................................................................... 4
2.3. Laws, Rules, Regulations as sources of ethical guidance .............................................. 4
2.3.1. How Laws, Rules and Regulation are a source of ethical guidance: ........................................... 5
2.3.2. Limitations of Laws, Rules and Regulations: ............................................................................... 5
2.3.3. Constitution of India as the supreme law of the land ................................................................ 6
2.4. Conscience as a source of ethical guidance ................................................................. 6
2.4.1. Types of Conscience ................................................................................................................... 7
2.4.2. Ethical Principles Governing Conscience .................................................................................... 8
2.4.3. Are public administrators bound to educate their consciences according to the responsibilities
they have? ............................................................................................................................................ 8
2.4.4 Crisis of Conscience: .................................................................................................................... 8

3. Need of Ethics for Public Administrators .................................................................9


4. Determinants of Ethics in Public Administration .....................................................9
5. Concept of Public Service ...................................................................................... 10
5.1. Measuring Publicness of a Service ............................................................................ 11
5.2. Principles Guiding Public Service .............................................................................. 11
6. Aptitude .............................................................................................................. 12
6.1. Definition and Explanation: ...................................................................................... 12
6.2. Relationship of Aptitude with other qualities ........................................................... 13
6.2.1. Aptitude and Interest ............................................................................................................... 13
6.2.2. Aptitude & Ability ..................................................................................................................... 14
6.2.3. Aptitude and Intelligence ......................................................................................................... 14
6.2.4. Aptitude and Attitude .............................................................................................................. 15
6.2.5. Aptitude and Values ................................................................................................................. 15
6.2.6. Aptitude, Proficiency & Achievement ...................................................................................... 16
6.3. Aptitude for Civil Services ........................................................................................ 16
7. Foundational Values for Civil Services ................................................................... 16
7.1. Definition and explanation ....................................................................................... 16
7.2. Need of foundational values .................................................................................... 17
7.3. Types of Foundational Values ................................................................................... 17
7.4. Major Foundational Values for Civil Services ............................................................. 17
7.4.1. Integrity .................................................................................................................................... 19
7.4.2. Impartiality ............................................................................................................................... 23
7.4.3. Non-Partisanship ...................................................................................................................... 24
7.4.4. Neutrality ................................................................................................................................. 25

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7.4.5. Anonymity ................................................................................................................................ 27 Student Notes:
7.4.6. Objectivity ................................................................................................................................ 27
7.4.7. Dedication to Public Service ..................................................................................................... 29
7.4.8. Empathy, Tolerance and Compassion towards the weaker section.......................................... 30
7.4.9. Miscellaneous Values ............................................................................................................... 33
7.5. Consequences of Erosion of Values ........................................................................... 34
8. Previous Years UPSC GS Mains Questions ............................................................. 34
9. Previous Years UPSC Mains Questions: Case Studies ............................................. 36
10. Previous Years Vision IAS GS Mains Questions .................................................... 36
11. Previous Years Vision IAS GS Mains Questions: Case Studies ............................... 41

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Note- This document shall cover the following topics from the UPSC syllabus- Student Notes:
• Ethics in Public Administration; Public/Civil Service Values; Laws, Rules, Regulations and
Conscience as Sources of Ethical Guidance
• Aptitude and Foundational Values for Civil Service, Integrity, Impartiality and Non-
partisanship, Objectivity, Dedication to Public Service, Empathy, Tolerance and Compassion
towards the weaker sections.

1. Introduction
Professional ethics of a public administrator encompasses the standards of behaviour and
conduct that are crucial for the performance of his/her public duties. It includes ideas and
actions to make things right and a behaviour that reflects a sense of public administration.
Ethics in public administration traditionally has been divided into two schools, the normative
and the structural.
• Normative perspective: Drawing upon organizational development, examines how ethical
values are inculcated and put into operation in organizations.
• Structural approach: It probes formal-legal arrangements, primarily regulatory and legal
prescriptions and prohibitions through which governments seek to channel and control
administrators' behavior.
The object of ethics in public administration is to instill a sense of professional morality in the
administrator to perform his duty in a manner that conforms to the highest ethical standards.

2. Source of Ethical guidance in Administration


There are various sources which show us the light in terms of what constitutes ethics in
administration. Firstly, we shall discuss some contributions from India and West. After that, we
see how laws, rules, regulations and lastly conscience can act as a source of ethical guidance.

2.1 Indian sources of ethical guidance


There are various contributions from India, where one can draw important facets for ethical
guidance in administration such as-
• Concept of Dharma: The idea of the State was based on dharma as it laid emphasis on
duty and righteousness.
o The main purpose of the State is welfare of the nation, protection for the vulnerable
sections of the society.
o Indian theorists stressed upon the prime necessity for the ruler and his ministers of
conquering personal desires for pleasure and power.
▪ The Mahabharata says self-discipline and the conquest of the self is greatest of
dharma.
o Rather, the state should aspire to achieve the following-
▪ Prabhava — for promoting advancement and growth of all beings;
▪ Sarankshan — for maintaining and giving security to all beings;
▪ Ahimsa — Freedom from violence.
• Kautilya- In his treatise on statecraft i.e. Arthashastra, he has discussed various aspects of
ethical governance and elaborated on the roles and duty of every stakeholder in the state.
Some these can be seen as-
o Code of conduct- It prescribes a detailed code of conduct for the king.
o Traits of an ideal king- The king should have self-control, open mindedness and seeks
advice from his council of ministers.
▪ He should stay ever active in promoting the security and welfare of the people.
▪ He ensures the observance of dharma by the people, by authority and by example.

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▪ He improves his own discipline by continuing his learning in all branches of Student Notes:
knowledge and endears himself to his people by enriching them and doing good to
them
o Importance of civil service- in providing good administration. Only persons with
unimpeachable character, possessing highest personal qualities of leadership, intellect
and energy, will seek service with the king.
o Equity in Taxation: While emphasising need for wealth collection, Kautilya underlines
the principle of equity in taxation.
• Mahatma Gandhi- Mahatma Gandhi’s philosophy, applied in its true spirit, provides
answers to the problem of social and economic crisis which India as well as the entire
global community is currently facing. Some critical guidance can also be taken from his
principles such as-
o Decentralized Governance/Self Governance- Gandhi believed in a decentralized
development model as it helps consequences of development reach everyone and
promotes equality and social harmony
o Social Control of Business- Gandhi was not opposed to private ownership of industries
and business, he advocated social control of business so that profit generated are
equitably distributed and prevents concentration of wealth in the hands of few people,
which leads to exploitation
o Rural-centric governance: Agriculture and small-scale industries being the prime
employer in the rural area should be focused in development agendas.

2.2. Western sources of ethical guidance


Some important contributions were made by western thinkers and theories, such as-
• Virtue Ethics- It talks about external and internal goods.
o The creation of internal good by virtue ethics may at time hinder the development of
external goods. For example, cultivation of justice and fairness within the institutions
may harm the private interests of the stakeholders.
o The external good here can be riches, power or fame. In such circumstances, political
rulers and others would punish public administrators for acting with virtue.
o Virtue Ethics, however has internal rewards, internal good such as contentment,
happiness, job satisfaction etc that no one can take away from the public administrator.
• Paul Appleby’s Idea of Democratic Morality- As per him, a free state, where the various
private interest think only about maximizing their own good and refuse to consider
common good, is likely to self-destruct over time unless the nation’s leaders and the
bureaucracy act to focus public policy on the public interest.
o For a free state to remain a free state, virtuous public servants, who shared common
social ethics of concern for the public interest, were essential.
o To avoid the moral corruption of the society out of inherent conflicts of interests, public
servants must maintain democratic morality.
• Weber’s Idea of Bureaucratic Morality- As per him, bureaucracy should be a goal-oriented
institution designed according to a rational principle. The bureaucrats should be guided by
explicit rules and responsibilities which should override moral and ethical norms of
personal conscience.
• United Nations Code of Conduct for Public Officials categorically states that a public office
is ‘a position of trust, implying a duty to act in public interest’ and ‘public officials shall
ensure that they perform their duties and functions efficiently, effectively and with
integrity, in accordance with laws and administrative policies.

2.3. Laws, Rules, Regulations as sources of ethical guidance


Law as used in ethics is different from the notion of law in physics, which implies a common or
constant way of action. In ethics, law has a moral connotation. For instance, it has been

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defined as "an ordinance of reason for the common good, promulgated by him who has care Student Notes:
of the community." (St. Thomas Aquinas).
Laws in modern context are synonymous with positive human laws. Laws are those basic
ethical standards that the society expects everyone to comply to. There are sanctions against
their violation, which are generally in the form of duly enforceable punishments.
Purpose of a law is to promote the common good and societal welfare as well as protect
individual rights.
Difference between law and regulation or ordinary rule:
• Although law is an ordinance or a rule resulting from human reason, it is not the same as a
regulation or ordinary rule. Regulations and rules often help clarify the intent of laws in
more specific terms.
• Unlike laws, individuals, organizations or groups can make rules. It must be clarified again
that rules are made under laws. Rules need not be for the common good; they can be for
the private good and they usually bind persons wherever they go. But rules, too, must not
violate natural law. Rules or regulations should declare or clarify civil laws, just as civil laws
declare or clarify natural law. Rules and regulations can be extra guidance to public
administrators as to what is right and wrong.
2.3.1. How Laws, Rules and Regulation are a source of ethical guidance:
• Regulate discretionary use of resources to fulfill personal needs.
• Laws command both action and inaction: Some laws lay down what should not be done,
for e.g. murder, whereas others lay down what should be done, for e.g. registration of
motor vehicles.
• Help clarify the values to be used and procedure to be followed.
• Modern laws are founded on the libertarian principles and therefore foster, liberty, equity,
equality and social justice.
• Rules and regulation for example communitarian laws have legal sanction and therefore
are embodiment of social values which deserves preservation.
2.3.2. Limitations of Laws, Rules and Regulations:
• Teleology says that we do not need standards to govern human behavior; the human
intellect alone is capable of knowing and judging what is right and what is wrong.
• There are so many laws, rules and regulations that govern human behavior that it is
virtually impossible for any human being to know all of them.
o Information, reflection, judgment, decision and action are the criteria for determining
morality. This approach makes sense and is a valid response to the fact that knowledge
of all laws and rules is virtually impossible.
• The presumption is that rule makers have not violated natural law or civil laws, but
sometimes they circumvent what the civil law clearly states.
o While a superior can punish a subordinate for violating the rules, if the rule is contrary
to civil or natural law, the violator may have acted ethically. As with laws, a person has
no obligation to obey an immoral rule
While deontologists are content with focusing on laws and rules as the principal guidance for
public administrators on morality, even they recognize that laws and regulations are
insufficient. Without conscience to apply those laws and rules to particular actions, public
administrators are missing a critical element. So, now we examine conscience as a mechanism
for deciding what is right and what is wrong.

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When is a law doubtful? Student Notes:
There are four principles that apply and the actor is at liberty to follow the principle that
appeals most.
• A law is doubtful and does not bind when there is more probable evidence on the side of
liberty than against it. This is probabilism. For example, a person in doubt about what day it
is observes four calendars. Three indicate it is one day and the fourth indicates that it is a
different day. The person may follow the date indicated by or deduced from the three
calendars if that ensures more liberty.
• A second version of probabilism states that the person may follow an option in favor of
liberty, provided the evidence in favor of liberty is solidly probable, even though the
evidence against liberty is more probable. In the same example, the person may follow the
time indicated by the fourth calendar even though the other three numerically appear to
offer more probable evidence.
• Another version of probabilism, equiprobabilism states that the person may follow an
opinion in favor of liberty if the evidence on both sides is equally balanced. In the above
example, if two calendars show that it is one day and the other two indicate that it is a
different day, the person may follow either option.
• Compensationalism says that the person should consider the evidence not only favoring
and opposing liberty but also the gravity of the law, the reason for acting against the law,
the inconvenience arising from following the strict interpretation of the law and the
justness of the cause for selecting the option offering most liberty.
Some laws may be doubtful, i.e. not clearly formulated with scope of misinterpretation, and
provide options for people. These serve as additional guidelines to the principles of conscience.
2.3.3. Constitution of India as the supreme law of the land
The Preamble to the Indian Constitution promises securing to all citizens: Justice, social,
economic, and political; Liberty of thought, expression and belief, faith and worship; Equality
of status and opportunity; and promote Fraternity, assuring dignity of the individual.
These ideals can be secured only if holders of public office, both the elected representatives as
well as public servants, entrusted with the task of running the government have ethical
moorings.
Constitutional Morality
The term ‘constitutional morality’ has often been invoked by Supreme court in India for striking
down laws which could be termed as manifestations of popular morality. But this term is not
found in our Constitution. Nevertheless, we find mention of the word ‘morality’ in the Indian
constitution at various places (Article 19, 25 and 26). Dr. B R Ambedkar used ‘Constitutional
Morality’ multiple times in ‘Parliamentary debates.
Constitutional morality is the morality of the constitution. It is the substantive content
of a constitution in the form of ethical ideas that underlies formal provisions. To be governed by
constitutional morality for a society is to be guided by ethical ideas carried by constitution e.g.
justice, liberty, equality and fraternity can be taken as element of our modern constitutional
morality.

2.4. Conscience as a source of ethical guidance


Conscience is a special act of the mind that comes into being when the intellect passes
judgment on the goodness or badness of a particular act. It is a practical judgment on
particular, concrete, human actions.
Deontological perspective: Conscience is a judgment—an act of the intellect. It is not a feeling
or an emotion, but, rather, an intellectual decision. It is also a decision with a view to a
particular action. Conscience can make a practical judgment on the morality of either a past

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action or an action about to occur. Student Notes:
Teleological viewpoint: Conscience is quite similar to completion of the ego identity, whereby
Every ego is in some sense a code of ethics. If ego and conscience are similar or identical,
people have the capacity of determining the meaning of a particular action, past or present,
and at the same time assess the morality of that action.
Difference between Conscience and Law:
• While law focuses on principles of morality outside human beings, conscience is something
within human beings that determines the morality of human actions
• Law states a general rule concerning actions; conscience lays down a practical rule for
specific action. Conscience applies the law or rule to specific actions, therefore it is wider
than law. Some have said that conscience is to law as a brush is to paint.

2.4.1. Types of Conscience


Human beings can have different kinds of conscience.
(a) True conscience: It means that judgment is in accordance with fact. The judgment is a
correct or accurate application of law to the action.

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(b) Erroneous Conscience: when the judgment is false—the practical judgment incorrectly Student Notes:
applies law to the action. The erroneous judgment can be vincibly or invincibly false.
(Vincibly false means that it can be corrected i.e. it is not invincible)
(c) Certain Conscious: A conscience is certain when the judgment on the morality of an action
is without prudent fear of error. Prudent fear of error does not involve metaphysical
certainty, but generally any normal person has no doubts about the judgment. That
certainty can apply to both a correct and an erroneous conscience.
(d) Doubtful Conscience: Conscience is doubtful when the judgment does not exclude all
prudent fear of error. The person is aware of some doubts about the practical judgment to
be made.
(e) Both Doubtful and Erroneous- A conscience can be both doubtful and erroneous at the
same time. A conscience is probable when the judgment "almost" excludes all prudent fear
of error. A normal person is almost certain the judgment is correct, even though it may be
erroneous.
2.4.2. Ethical Principles Governing Conscience
The discussion of conscience leads to the following principles governing conscience:
• A person must take reasonable care to ensure a correct conscience.
• A person is bound to follow a certain conscience even if that conscience is false. For
example, if I am certain that it is morally right to lie to save another's life, I am bound to lie.
• It is never ethically correct to act on a doubtful conscience. Vincible ignorance does not
excuse—the person must make some effort to resolve the doubt. If efforts to resolve the
doubt fail, the principle lexdubianonobligat ("a doubtful law does not bind") comes into
play.
2.4.3. Are public administrators bound to educate their consciences according
to the responsibilities they have?
If public managers must not only do things right but also do what is right, they have an
obligation to educate their consciences according to their state in life. This includes not only
management theory and practice but also ethical theory and practice.
• If managers do not do both, they run the risk of not only being outdated but also of
neglecting true managerial responsibility. If managers are educators and teachers, surely
they must learn both aspects of the job if they are to fulfill their role of teaching and
coaching others.
• In educating and updating the conscience, there are two extremes to be avoided. One is not
caring about conscience at all—making no effort to learn what is right or what is wrong, or
perhaps showing no interest in right and wrong. Some public managers exhibit this
characteristic.
• The other extreme is the person unable to distinguish serious actions from those that are
not, whether getting things done right or doing the right thing. There are some public
managers who fit this description. Neither extreme is in accord with the concept of
conscience, which involves a practical judgment on the morality of human action.
2.4.4 Crisis of Conscience:
When conscience fails to provide moral guidance to an individual in any specific situation as a
result of a particular experience, it can be called as Crisis of Conscience. Individuals loses the
ability to determine right and wrong.
It quite happens in a situation which is ambiguous in terms of values involved and its
consequences. As a result, individual cannot resolve an ethical dilemma using his moral sense.
For instance, an IPS officer is given the duty to regulate the peaceful protest by farmers against
some corporate bodies. Things are under control as situation is clearly understood. Now

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suddenly officer is asked to resort strict measures irrespective of nature of protest. Officer now Student Notes:
faces the ethical dilemma as situation is now ambiguous both in terms of the motive and the
consequence of actions. This can create crisis of conscience for an IPS officer as he/she could
not solely rely on his sense of right/wrong.
It is a situation in which someone feels worried or uncomfortable because they have done
something which they think is wrong or immoral.

3. Need of Ethics for Public Administrators


Compared to the political, legal, technical and financial dimensions of public administration, the
ethical dimension has been sorely neglected in Indian Administration. Further, much of the
recent public and media concern about public service ethics has centered on conflict of
interests and, to a lesser extent, on issues of political partisanship, public comment and
confidentiality.
The need of ethics for public administrators can be highlighted in the following points-
• Benevolence to all: Our constitution provides equality and equity as fundamental virtues to
be followed by administrators. This ensures that vulnerable get the protection and might
shall not be right. Ethical administrators are important to achieve these goals.
• To stay responsive and responsible- Ethics in public administration will help bureaucrats
use power in a responsive and responsible manner. This will improve sensitivity of the
administration. It will eventually increase/enhance the public trust in the administration.
• To resolve dilemmas: which relate less to the use of public office for private, personal, or
partisan gain and more to ethical and value conflicts and dilemmas that arise in the
performance of administrative duties.
• To fight against populist and majoritarian tendencies: Public administrator must have the
courage to face down the expert opinion that the expert cannot defend rigorously, and
sometimes resist that clamoring public opinion, powerful interest groups or the media. This
courage is the subject of Ethics in Public administration.
• To be optimistic: Public administrator must be able to face the ambiguity and the
paradoxical nature of ethics without being immobilized by them. They must be purposive in
their behavior and rather than reactive and most important, they must remain ever hopeful
in their outlook.
• Recognition of paradox of procedures: Those procedures which facilitate deliberations,
fairness, accountability, openness, equity and greater depth of thoughtful analysis to a
public decision are also at times the enemy of progress and dispatch. For example
Environment Impact Assessment are seen as just deliberation by the environmentalists but
are considered the enemy of progress and the means to slow proper actions of the
industrialist. Ethics help bureaucrats identify such paradoxes. Public servant who cannot
recognize the paradoxes of procedures will be trapped by them

4. Determinants of Ethics in Public Administration


The major determinants of administrative conduct in the public sector include:
1) Political construct: The public administrators are a subset of the political construct. They
contribute at both, the executive level and at the policy formulation level. Political ethics
therefore is intrinsically woven with the bureaucratic or administrative ethics. For example
Criminalization of politics adversely impacts the administrative behavior.
2) Legal Rational Framework: Weber gave a legal rational framework to the bureaucracy. The
role of hierarchy is important in fixing the accountability, impersonal order was important
for the bureaucrats to do their work without any fear and favor. Rules and regulations to
regulate administrative behavior and to impart, rationality, impartiality, honesty and
integrity in the administration.

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3) Public servant’s Intention: Public servants’ behavior is the key to the ethical nature of Student Notes:
administration. No matter how good the intentions of the policy makers be, if the
mechanism to implement it is corrupt, politicized, partisan, prejudiced or stereotypical in
nature, the intention will cease to matter. For example, Using Aadhar for direct benefit
transfer is an innovative idea, however not allowing a needy person ration without Aadhar
will jeopardize the whole effort and bureaucracy will be termed as insensitive.
4) Citizenry and Civil society: Citizenry hold administration accountable for its acts of omission
and commission. It provides the much-needed feedback which helps in evolution of
bureaucratic and political response. Role of civil society is to scrutinize the government and
its actions and inactions plus sensitize the citizenry about the same. It helps in Ethical
decision making.
The minor and discreet elements of administrative conduct are guided by-
• Individual attributes of public/civil servants which guide ethical decision-making skills,
mental attitude, virtues, and professional values.
• Organizational structure which is explained by clear accountability, collaborative
arrangements, dissent channels, and participation procedures.
• Organizational culture includes artefacts, beliefs and values, and assumptions. Ethical
behaviour is encouraged when organizations have a climate where personal standards and
employee education are emphasized, where supervisors stress the truth, and where
employees regularly come together to discuss ethical problems.
• Leadership is important in the development, maintenance, and adaptation of
organizational culture.
• Societal expectation includes public participation, laws, and policies.
OECD has developed an ethical infrastructure (refer the infographic below) which can be taken
as a framework to include all the above determinants.

5. Concept of Public Service


Public service is a public trust. Public service according to the modern definition goes beyond
the administrative functions of the governments and incorporates non-governmental
organization and institutions as well.
Citizens are the source of sovereignty and importantly, are taxpayers demanding accountability.
They should be treated as such and not merely as consumers or customers in the marketplace.
Markets are not alternatives to public service. Rather, sound governance, public service, and
responsible citizenship are sine qua non of a business-friendly environment, the smooth
operation of markets, effective democracy, and social peace.

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Primary responsibility of civil servants is enforcement of law, provision for various public Student Notes:
services such as food, health, education, relief during disasters, etc. Also, they are responsible
for settlement of disputes and enforcement of contractual obligations. These duties boil down
to exercise of power over other citizens, conferred under the statutes, which civil servants
exercise in their own right under the law.
They also implement programmes and policies of the government. This requires a certain level
of character, a sense of justice and fairplay, transparency and accountability. To be able to
deliver administrative justice, capacity for critical thinking and fairness and respect for
procedures are essential qualities which must be cultivated for efficient delivery of all type of
public services.
Public service is concerned with provisioning for the needs of public as per the expectations of
the public. It represents one of the oldest, if not the noblest, most widespread and celebrated
values in the history of humankind. In fact, civilization and public service and administration
are intimately related, one reinforcing and contributing to the other.
In traditional societies of the East and West, little distinction was made between voluntary
service for the good of the community and remunerated work performed on a professional
contractual basis. However, with development of the concept of State, a structured civil
service has been central to its (State’s) idea. From the times of Mauryan Kingdom, we have had
an elaborate public service performing public duties.

5.1. Measuring Publicness of a Service


The expectations of public i.e. ordinary citizens from the government have been changing.
Moreover, many private entities are providing services which were traditionally considered as
‘public’. According to M. Shamsul Haque of the University of Singapore, following are the
major dimensions along which ‘Publicness’ of a service can be measured-
• The extent of its distinction from the private sector: Haque identifies impartiality,
openness, equality and representation as being distinctly public characteristics.
• The scope and composition of service recipients: the greater the number and broader the
scope of service recipients, Haque writes, the higher the degree of publicness, and he refers
to a 'shared and universally accessible domain involving the interest of all citizens'.
• The magnitude and intensity of its socioeconomic role: the wider a service's societal
impact, the greater the degree of its publicness.
• The degree of its public accountability: this goes beyond the existence of institutions to the
extent to which those institutions are influenced by particular classes or sections of society.
• The level of public trust: that is, how much people trust the credibility, leadership or
responsiveness of a service.

5.2. Principles Guiding Public Service


Today, public sector is employing number of ways of private sector to enhance their efficiency.
Does it mean that the spirit behind the public service may get weakened? In this regard, it is
essential that the following principles should guide all the civil service institutions and their
personnel:

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Student Notes:

There are values which are supposed to take care in public life and administration and that is
why correct and appropriate aptitude and foundational values are required the self, according
to those values. In every administration, aptitude will play a very important role.

6. Aptitude
6.1. Definition and Explanation:
Our experiences shape our thinking in unique ways and this subconscious thinking shapes our
preferences, ultimately influencing (but not determining) how we will respond to an event in
future. Innumerable characteristics influence a person's behavior. The concept of aptitude is
applied to those which are considered as useful for particular task.
In a simpler way, Aptitude is the natural ability to do something, a natural tendency. ‘Natural’
here refers more towards the sum total of experiences that a person has had rather than simply
meaning ‘by-birth’. A person with an aptitude for boxing, if given necessary training, can
develop the ability to a great extent. On the other hand, if a person has no aptitude for boxing,
no amount of training can bring about any appreciable change in his performance.

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Thus, Aptitude is the combination of abilities and other Student Notes:
characteristics, whether native or acquired, known to
be indicative of an individual’s ability to develop
proficiency in certain particular area.
Aptitude is different from skill
Aptitude is a group of characteristics deemed to be
symptomatic of an individual’s ability to acquire
proficiency in a given area. It thus has a futuristic reference. Skill, on the other hand, is
acquired through training. Aptitude is not skill. Skill is acquired and constantly upgraded
through training and learning. Aptitude is what is there but could be nurtured.
To become an officer in defense or police services, you need to have both physical and mental
aptitude; for being a good sportsman one needs aptitude of psycho-motor coordination.
Problem arises when one is in a profession not suited by his/her aptitude. A person becoming a
cricketer because his father was a great may not be able to deliver best results unless he
himself has the aptitude required for the sport. Remember carefully – aptitude looks at the
future potential. It, however, is the present condition – a pattern of traits which are there
presently and are deemed to be indicative of potentialities.
Aptitude is generally categorized as physical or mental.
• Physical aptitude means the physical characteristics for performing some task successfully.
For example, armed forces require a specific set physical features, like height, strength etc.
• Mental aptitude means certain specific set of mental qualities needed to perform some
tasks successfully. This is further characterized as general mental ability and value
orientation. The former implies an ability to think rationally, while the latter also includes
certain value-based behavior, like the one guided by empathy, compassion, integrity,
accountability, responsibility etc.
This difference can be understood with some examples. For example, a banker should have the
ability to deal in numbers, while an effective leader is one who is empathetic and honest. A
thief, on the other hand, probably needs to be a good liar.

6.2. Relationship of Aptitude with other qualities


6.2.1. Aptitude and Interest
People have interests in many things, but this does not imply they have the aptitude for that.
One may like cricket very much – but playing it on field is much different that a watching it on
television. One may have the aptitude for good commentary or writing skills and then one may
choose a profession where his/her interests and aptitude match- such as becoming a
commentator or a sports journalist.

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Student Notes:

6.2.2. Aptitude & Ability


Aptitude is often considered to represent specific subsets of mental ability which provides
useful information on an individual’s potential, particularly with regards to education and
employment. Ability is much closer to intelligence. It is concerned with present. It is the
combination of skills, habits and powers that an individual now has which enable him to do
something.
Aptitude indicates what an individual will be able to learn/do and ability presents evidence of
what the individual is able to do now (or in future without additional training). From a practical
standpoint, it is impossible to measure aptitude without the degree of training which an
individual has already had. It is assumed that individuals have been exposed to certain
experiences which enhance their aptitude when it is measured.
For example, the CSAT (Civil Services Aptitude Test) exam which is meant to test the aptitude
of a candidate for Civil Services will invariably show better scores for candidates who have
practiced rather than those who have not. It tests aptitude by subjecting the candidates to
pressure situation (solving many questions in limited time), which they are likely to experience
once they become Civil Servants. Moreover, a person who has practiced the tests demonstrates
readiness and labour, which is again a trait desirable in a Civil Servant. It therefore, although
intended to measure aptitude, also measures ability.
Thus, according to some psychologists, ability includes aptitude and achievement. Ability refers
to what a person can do today. It is the power, at a given time, to perform.
6.2.3. Aptitude and Intelligence
Aptitude is innate potential to do certain task in future, provided appropriate training is
provided to the person. Intelligence’s key component is the ability to think rationally, act
purposefully and deal effectively in one’s present environment.
Intelligence has a wider scope as in it refers to general mental ability. Aptitude on the other
hand has narrow scope- it is specific to work. It breaks down intelligence into several
characteristics, referring to a specific ability of a person to do a task in future. Thus, aptitude is
not same as intelligence. Two people with same intelligence quotation (IQ) may have different
aptitudes e.g. one to become scientist and another novelist.

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6.2.4. Aptitude and Attitude Student Notes:

Example: In public service, aptitude may help a civil servant achieve career positions. For
instance, someone working very hard on sanitation best practices, who has the natural aptitude
to understanding issues of sanitation may get a posting with the central government, purely on
the basis of their aptitude and acquired experience.
Attitude in times of say disaster management exercises being undertaken in a district, may
determine the leadership abilities of an individual facilitating stress management and overall
composure of people in times of distress.
6.2.5. Aptitude and Values
Value denotes the degree of importance of some thing or action, with the aim of determining
what actions are best to do or what way is best to live. Though values may be “positive” or
“negative”, like empathy towards weaker section is positive while regarding one’s own caste to
be highest is negative. But generally, they are taken for positive and desirable values.
Values tend to influence attitudes and behavior. Types of values include ethical/moral values,
doctrinal/ideological (religious, political) values, social values, and aesthetic values. In the next
section we will discuss “Foundational Values for Civil Services.”
Relationship between Aptitude and values:
From the point of view of ethics, aptitude concretely exist in the form of desired values in a
person i.e. what is important in person's behaviour with respect to specific requirement e.g.
aptitude for civil service can be measured in terms of ability to perform, deliver, empathize and
exhibit integrity, emotional intelligence in performance of public services.

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6.2.6. Aptitude, Proficiency & Achievement Student Notes:
Proficiency is the ability to perform an activity with ease and precision. Achievement looks at
the past - what has been done, accomplished

6.3. Aptitude for Civil Services


While Aptitude tells us about the concrete values that can be realized (as we have discussed in
above section such as intellectual aptitude via CSAT etc), there are certain ideal values that
underlies civil service. Civil servants need to demonstrate moral aptitude for them.
Moral aptitude for ethical behaviour is the precondition for a public functionary to understand
the normative requirement of the job.
It helps to understand the role, its associated responsibilities and institutional environment
easily e.g. an individual who is honest, rational and believes in fairness of conduct will more
tended to understand the normative goals of integrity and accountability in the service.
Following section will deal with foundational values for civil services to understand the same.

7. Foundational Values for Civil Services


7.1. Definition and explanation
Value are a set of standards, on the basis of which, we judge things as right or wrong. There are
many values, and these may be arranged in hierarchy. For example, Gandhi regarded truth as
the highest value followed by non-violence.

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Civil service values are contextual to a culture. Democratic cultures, for example, are based on Student Notes:
the doctrine of public trust- that the sovereign power lies with the public, who has entrusted it
to the State, which must exercise that power through officials (appointed and elected) in the
best interest of the public.
Values are also contextual to time, i.e. they evolve. For example, civil services have now started
focusing on improving business environment, which may not have been the case earlier.

7.2. Need of foundational values


• To Uphold the Public Interest: Civil servants hold the public positions with wide-ranging
powers. They come with the special obligations because as they are responsible for
managing resources entrusted to them by the nation. They provide and deliver services to
the public and take important decisions that affect all aspects of a nation’s life.
Consequently, the public has a right to expect that the civil service functions fairly,
impartially and efficiently. It is essential that the people must be able to trust and have
confidence in the integrity of the civil service decision-making process.
• To stand up to the expectations reposed in the office: It ensures that the decisions and
actions of civil servants reflect the policies of the government of the day and the
governance standards. The expectation that the civil servants should maintain the
standards of professionalism, responsiveness and impartiality while serving successive
political governments is a key element of the way our democratic polity functions.
• To uphold the constitution, its laws and underlying values: To fulfill this, Civil Servants
must uphold the constitution, its laws and underlying values. To fulfill this, civil servants
must inculcate such values to guide their conduct. Particularly in the situations where
discretionary decisions have to be taken, it is expected that civil servants should be guided
by those values. In absence of such values, there are chances of corruption as well as
possibilities of abuse of power. These concerns are also raised by various Judicial
pronouncements as in Vineet Narain case by Justice J.S Verma.

7.3. Types of Foundational Values


Foundational values for civil services may be categorized into two main groups:
• End-oriented values: These are concerned with the goals which civil servants should aim to
achieve while performing their duties. They relate to the end product, and may best be
visualized as those covered by Directive Principles of State Policy, Fundamental Rights etc.
• Means-oriented values: They are concerned with the ways in which civil servants behave or
act while performing their duty. They relate to the means and include such values as
transparency, responsiveness, efficiency etc.

7.4. Major Foundational Values for Civil Services


In India, the current sets of ethical norms are –
• the Conduct Rules, contained in the Central Services (Conduct) Rules, 1964 and
• analogous rules applicable to members of the All India Services or employees of various
State Governments.

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Student Notes:

The code of behaviour as enunciated in the Conduct Rules, while containing some general
norms like ‘maintaining integrity and absolute devotion to duty’ and not indulging in ‘conduct
unbecoming of a government servant’ is generally directed towards cataloguing specific
activities deemed undesirable for government servants. These conduct rules do not constitute a
code of ethics. The Draft Public Services Bill, 2007, proposed a necessary first step in evolving a
code of ethics. It states Values of Public Service as a set of values which will guide the Public
Servants in the discharge of their functions. These are:
• Patriotism and upholding national interest
• Allegiance to the Constitution and the law of the nation
• Objectivity, impartiality, honesty, diligence, courtesy and transparency
• Maintain absolute integrity
Despite not having a specific code of ethics in public service, there are various sources which
contain- explicitly or implicitly, the values expected in a civil servant. The foremost source is the
Constitution of India

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A general overview of the Civil Service Values Student Notes:
2nd ARC in its report ‘Ethics in Governance’ has elaborated on values expected in Civil Servants.
It also makes references to Civil Services in other countries like the U.K. and Australia.
One of the most comprehensive statements of what constitutes ethical standards for holders of
public office came from the Committee on Standards in Public Life in the United Kingdom,
popularly known as the Nolan Committee, which outlined the following seven principles of
public life: Selflessness, Integrity, Objectivity, Accountability, Openness, Honesty, and
Leadership.
Note- For further details, please refer the document on Probity in Governance.

7.4.1. Integrity
The word ‘Integrity’ originates from the word integer (Latin). It means being whole or
complete. In ethics, being a person with integrity means having the quality of being honest and
having strong moral principles that one refuses to change. It means having strong moral
standards and the determination not to lower them.
Integrity is regarded as
• a concept of consistency of actions, values, methods, measures, principles, expectations,
and outcomes.
• the honesty and truthfulness or accuracy of one’s actions.
• the integration of ideals, conviction, standards, belief and behavior.
Integrity in essence means adherence to principles. It is a three-step process:
• choosing the right course of conduct;
• acting consistently with the choice—even when it is inconvenient or unprofitable to do so;
• openly declaring where one stands.
All three are equally important – for example a thief can be consistent in his thoughts and
actions but has low moral standards and has not chosen the right course of action. It doesn’t
matter whether he himself believes it to be correct or not. Has he done the hard work of
ascertaining what is right or wrong? No. In any case, he fails the test of trustworthiness as well.
Integrity is the foundation of public trust that is essential for a person holding a public office.
Civil Servant should not act or take decisions in order to gain financial or other material benefits
for themselves, their family, or their friends. They must declare and resolve any interests and
relationships.

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Student Notes:

How is it Different from Honesty?


Honesty Integrity
• It simply means holding the facts • It means thinking and doing what is right at all times, no
as they are, i.e. upholding the matter what the consequences. When you have integrity,
truth. you are willing to live by your standards and beliefs even
• If you tell the truth, you possess when no one is watching, to live so that your thoughts
the quality of honesty. Being and behavior are always in harmony.
honest means choosing not to lie, • Therefore, it not only requires truthfulness (honesty) but
steal, cheat, or deceive in any way also the quality to do what is right in all circumstances
Honesty as a subset of Integrity:
Integrity implies reliability; consistency in one’s principles and values. Honesty then becomes a
necessary, though not a sufficient, criteria for integrity.
To be integral one has to be honest, but not vice-versa. Put simply, one can be honest in an act,
but one needs to be integral in his/her whole conduct.
Honesty without integrity:
• Integrity requires one to face challenging situations. For example, in the battle of
Mahabharata Arjun was confused whether to follow dharma/righteousness/duty or to
follow kinship/inclination. Such conflict between duty (the right thing to do) and inclination
is a critical test to determine whether a person has high or low integrity.

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• Honesty on the other hand does not require such a context. One can be honest in day to Student Notes:
day life without necessarily showing integrity. Integrity means soundness of moral
character, as well as honesty – there's more to integrity than honesty alone.
• The major difference between honesty and integrity is that one may be entirely honest
without engaging in the thought and reflection integrity demands.
• The honest person may truthfully tell what he or she believes without the advance
determination of whether it is right or wrong. For example, a person may say “all athletes
cheat” and really believe in this statement -that’s honesty. But, not taking the effort to
determine whether this assertion is correct or not shows lack of integrity. Thus, one can be
honest without being integral.
Types of integrity
The view of integrity that has been described above is integrity as a moral purpose and a
wholesome virtue. Virtues such as benevolence dispose us towards a characteristic thought.
However, there is nothing in particular that integrity leads those who possess it to attend to.
However, integrity is an anomalous virtue – it is not associated with any characteristic
motivations and thoughts. It is a special kind of virtue and a cluster concept and thus involves
multiple motivations and thoughts.
Given human beings’ capacity and need for compartmentalization, or psychologically separating
out different parts of their lives, we can recognize different types of integrity.
1. Moral Integrity:
• It means consistency and honesty in standards that one uses in judging others as well
as oneself as right of wrong.
• This is the most comprehensive type of integrity, also the personal integrity that has
been described above.
2. Professional integrity:
• It means upholding the code of ethics, standards, norms and values of the respective
profession.
• It thus implies a professional who consistently and willingly practices within the
guidelines of the chosen profession.
• Professional integrity is weaker than moral integrity. It can be argued that the
responsibilities of performers, for example, are quasi-moral; they are not truly moral
because they are internal to the profession. However, it seems plausible to maintain
that professional integrity is better understood as an important contribution to the
living of a moral life. Professional integrity is specific to the sphere of a profession, but
not entirely independent of morality.
3. Intellectual Integrity:
• The term ‘intellectual integrity’ is ambiguous between integrity of the intellect and the
integrity of the intellectual.
• Construed broadly, as integrity of the intellect, it would be applicable to anyone who
thinks, and thus becomes too general.
• In a more specific understanding, intellectual integrity is the integrity as an academic’s
virtue.
• Intellectuals may differ in the extent to which they exemplify intellectual virtues such as
honesty, impartiality, respect for facts, and openness to the views of criticism.
• Intellectual integrity may then be thought of as the over-arching virtue that enables
and enhances these individual virtues by maintaining a proper balance between
them. For example, Socrates may be an outstanding example of a person of intellectual
integrity. He had a commitment to the pursuit of truth and knowledge, and he
demonstrated his intellectual integrity in the face of attacks on it.

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• Some commonly cited intellectual virtues central to the conception of intellectual Student Notes:
integrity are honesty, courage, fairness, sensitivity, perceptiveness or insightfulness,
intellectual humility, perseverance, adaptability and communicativeness.
• Possession of these virtues is part of what it means for a person to have intellectual
integrity, although they may exist in varying degrees without undermining a person’s
overall intellectual integrity.
• There are a range of kinds of actions one might expect from a person of intellectual
integrity as well: for example, being against plagiarism, refusing to suppress
counterarguments, and consistently acknowledging help.
• Thus, it can be said that intellectual integrity is that quality that enables a person to
balance the various demands of intellectual work and to manifest intellectual virtues in
a proper order.

4. Artistic integrity:
• It is essentially the integrity displayed by an artist towards his/her work. The
wholesomeness of the work – accuracy, careful depiction, placing no component out of
place, etc. are hallmarks of artistic integrity.
• Consider the example of a painter. He leaves his family, home, country, etc. and goes to
an exotic country so that he can find breathtaking views that can be put on the canvas.
Is he behaving as man of integrity? Should his commitment to his chosen profession
supersede his responsibility towards his family/country? There is no clear answer here –
if his artistic project fails, we might judge him as morally deficient, otherwise we are
likely to see his actions in a more favourable moral light. However, there is no reason to
think that he will succeed only if he leaves and not by remaining in his home. In any
case, our judgment about his artistic integrity does not absolve him for his lack of
personal/moral integrity.
Moral values which artworks suggest or promote are relevant to considerations of artistic
integrity. As such, artistic and moral integrity can overlap, particularly if the standards of
artistic integrity are high. On the other hand, artistic and moral integrity can come in conflict in
situations of great pressure. Circumstances also vary, and with them both the difficulty of
pursuing integrity, and our assessment of its merit. A journalist reporting from a totalitarian

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state is under considerable pressure. He may have to make certain compromises in his works. Student Notes:
One might rate his moral integrity as higher than artistic integrity – he may have made
compromises which affected his integrity as an artist (journalist).

7.4.2. Impartiality
• Impartiality is a broad concept founded on law that is commonly understood as a principle
of justice. It refers to the fact of not supporting one person or a group more than the other.
It simply means not taking any sides.
• Synonymous with fair-mindedness, impartiality holds that decisions should be based on
objective standards, instead of on the basis of bias, prejudice, or preferring the advantage
to one person over another for unsuitable reasons.
• Being impartial, though, is very difficult. People have their biases about most of the things.
For civil servants, politicians and judiciary, who most commonly deal with taking decisions
which may benefit one person or group of persons, being impartial becomes very
important.
For example, a judge cannot presume a person to be guilty only because he/she belongs to a
certain community. That would compromise the whole due process of law. Similarly, a civil
servant cannot prioritize one person over another just because of his personal preference.
There has to be a reasonable, intelligent criterion. Consider acquisition of land for ‘public
purpose’. Who are the people whose land will be acquired? They can be farmers cultivating
land on the outskirts of the city, or a hamlet comprising of scheduled caste population, or land
lying with a religious body, etc. The District Magistrate may have his/her own concerns or
preference towards any of the group, but the decision will have to be taken based on objective
criteria and most importantly, project requirements – he/she cannot be partial in evaluation of
facts or application of rules based on the owner only. The views of the people affected will be
ascertained and their objections disposed-off as per the procedure established under the Land
Acquisition Act.

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Student Notes:

For civil servants, impartiality works at two different levels:


Political Impartiality
• Since, impartiality is acting solely according to the merits of the case, therefore it implies
serving equally well governments of different political persuasions, irrespective of the civil
servant’s own personal opinion.
• A civil servant has to act in a way which deserves and retains the confidence of ministers.
• It also means that civil servants will comply with any restrictions that have been laid down
on him in regard to political activity.
• At the same time, civil servants are under no obligation to defend the ‘views’ of the
ministers but they must implement the ‘decisions’ with utmost objectivity, impartiality and
to the best of their abilities.
Public Impartiality
• Impartiality vis-à-vis public means that, a civil servant carries out his responsibilities in fair,
just, objective and equitable manner.
• He must not act in a way which is unjustifiably favors or discriminate against a particular
individuals or interest.
• The principle of public impartiality can be seen to be derived from the values of merit,
equality, justice, which are enshrined in the Indian Constitution.
• In other words, impartiality means that civil servants in carrying out their official work,
including functions like procurement, recruitment, delivery of services etc., should take
decisions based on merit alone.
7.4.3. Non-Partisanship
Non-partisanship can also be called political neutrality (explained in more details next). Non-
partisanship infers that the officer is to do his task without any fear of, or favor to any political
party, even if he has strong faith in any political thought. The values of the administrator will
flow from the constitution not from the philosophy of any political party. It would ensure that
civil servants would serve equally well to the political executives, irrespective of political
changes.

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Non-partisanship Impartiality Student Notes:
• Non-partisanship is a narrow concept, as it • Impartiality is a broader term and deals with
deals with relation of public officials only public officials’ relation with their entire ecology,
with the political executive, and is also called consisting not only of political executive but also
as neutrality the stakeholders i.e. the people.
• Practically, it may be said that non- • Impartiality has more to do with behavior in a
partisanship is a kind of attitude particular situation.
Why are they needed?
1. It brings credibility and trust in the public with respect to the functioning of the public
service.
2. It makes the civil servants gutsy, rather than merely capable, so that they can ask relevant
questions with respect to the policy, law etc. The difference between the two is that,
capability ensures that a civil servant does things correctly, but gutsiness would ensure that
he does the right things.
3. It ensures equality, justice among different sections of the society.
4. It ensures the morale, effectiveness and efficiency of civil services, as the transfer, posting
etc. are expected to be based on merit alone rather than any extraneous factors.
How are they ensured?
1. The Central Civil Services Conduct Rules, 1964 and The All India Services Conduct Rules
1968: To maintain integrity in public service the conduct rules were notified in 1964, which
stipulate certain guidelines for the Civil servant to perform the duty with full devotion; and
shall not adopt dilatory tactics in their dealings with the public & the likes that are uncalled
for like accepting bribe etc. from a civil servant.
2. Though we have these Conduct Rules for the Civil Servants in the form of certain guidelines
to follow while discharging of one’s duty, however they do not lay down the values &
morals in the form of a Code of Ethics that they should imbibe in their persona to do justice
with public service.
3. Code of Ethics, 1997: It was the first initiative to introduce the code of ethics for public
servants in India, which was considered a step towards better governance. The salient
features of the code were as follows:
• Uphold the rule of law & respect human rights
• Maintain objectivity & transparency in their conduct with the public & in discharge of
their duties
• Maintain utmost impartiality in respect of service matters
7.4.4. Neutrality
• Neutrality is with specific reference to relationship between the civil servants and the
government/politician.
• Neutrality is not being biased in providing facts, feedbacks, opinions, etc. to the political
executive or diligently carrying out tasks ordered by the government, irrespective of which
political party’s government is in power.
• It implies that a civil servant would remain politically impartial and non-partisan while
serving as public officials. He has to function with a kind of political sterilization, i.e.
bureaucrats should remain unaffected by the changes in politics. Conversely, he has to
implement the given policy as it is without any personal considerations.
The policy making is the prerogative of the political executive, and civil servants are meant to
implement that policy without questioning. In administrative jargon, it is called as politics-
administration dichotomy. At the same time, the bureaucrat must not hesitate to correct the
politician or provide honest opinion. His/her job is not be a ‘Yes-man’ or a ‘committed
bureaucrat’

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Student Notes:

Committed Bureaucracy
It can be understood from two perspectives:
1. Positive: It implies that civil servants should be committed to the objective of the state, the
constitution, and should have faith in the program and intention of the political executive, if they
genuinely seek to bring social change for the good.
Such committed bureaucrat needs not to be partisan in his working, he only needs to have empathy
to understand the mind of his political master and be political responsive. Therefore, he needs to
give technical advice in accordance to the political philosophy of the ruling party.
2. Negative: It implies politicized bureaucracy, where the administrative system functions only to serve
the narrow interest of the political party in power. For example, the functioning of administrative
system in Nazi Germany.
Generally, the term ‘committed bureaucracy’ is used with the negative connotation – a bureaucracy
committed to the goals of a political party/leader rather than that of the people
Types of neutrality
Sometimes, it is classified into two types.
1. Passive neutrality: Here the public official will do anything that the political executive
orders him to do. But then he may end up violating some legal/constitutional provisions. It
was the neutrality that was actualized by Nazi bureaucracy. Hence passive neutrality is
undesirable.
2. Active neutrality: The Officer will do what the constitution, rules, laws and office manual
says, without following any particular party. Sometimes, it leads to civil services activism.
Areas of conflict between political executive and civil servants:
The concept of civil servants being neutral to political dispensation has been debated in context
of India. Demands of a committed bureaucracy have been implicit on change of governments, if
not explicit. Further, what is the extent of neutrality that can be observed in practice? The
reasons for a potential conflict between civil servants and political executive can arise because
of the following reasons:
1. Societal consensus about the goals to be pursued varies among people. In West, there is a
certain consensus on goals of development. There is also a certain degree of homogeneity
in societal formation. Lack of consensus on the goals and path of development creates
ambiguity in the policy preferences. This in turn leads to adhocism, which cannot provide
clear direction to the permanent executive. On the contrary, political process start
occupying the space (i.e. more interference) meant for civil servants. This can strain the
relationship.

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2. Political executive may pressurize the permanent executive to violate the very rules that Student Notes:
they themselves formulated. Civil Services, being rooted in a rule-based system resist this
pressure. This may again lead to conflicts between the two.
3. Presence of shared belief system: It means there is common belief system with respect to
vital social issues. Belief system is a product of various factors, important amongst them the
culture, society, surroundings that one has grown up in, the education system one was
exposed to, etc.
In India, the civil services have mostly come from a urban middle class where as political
executive is more diverse. Although the character of bureaucracy is changing, it has been
changing rather slowly. While a bulk of the members of the political executive, particularly
at the state level, have been drawn from the rural and agricultural background, the top and
middle level administrators are from the urban middle and upper middle classes- most that
qualify for civil services are from urban towns, whereas political representation is spread
equally, and since roughly only 32 percent of population is urban, the distribution of seats
would also be similar. These differences are manifest in their style of living, mode of
communication, ways of looking at things and their mannerisms. The relationship
between the two is partly shaped by this factor of value system.
Further, it is argued that, in developing societies, there are weaker sections that must be
supported by the administration if the devised policies are ill-suited to their needs. In this
context, one of our former Prime Ministers said, “In developing countries, civil servants, to be
genuinely neutral, has to take side of the poor.”
However, it must be remembered that neutrality is an ideal, like any other ideal such as
democracy, which can’t exist in its perfect form, simply because it is an ‘ideal’. But it doesn’t
mean that we should discard them for this reason only. Just as the absence of democracy would
lead destruction of individual rights, similarly absence of neutrality would cause chaos in
functioning of public administration. Therefore, this ideal is worth pursuing forever in the
appropriate cultural context.
7.4.5. Anonymity
The principle of anonymity emphasizes that permanent executive works from behind the
screen. In other words, they should avoid public gaze.
The anonymity of the civil service is linked to two concepts: permanence and neutrality. Civil
servants, many of whom remain in their jobs whilst serving numerous governments, are thus
likely to have to give advice to governments of different political parties, who may have
different attitudes to policy. The advice they give needs to be given to ministers both freely and
also without fear of adverse public or political reactions and without fear of future career
damage. This is tied into the concept of ministerial responsibility, whereby the convention is for
the minister to accept responsibility for their actions and decisions and those of their
departments.
Anonymity and Neutrality: Both values have to be followed simultaneously. The technical and
managerial skills are not political. The tools of administration – i.e. the practices that make
carrying out of tasks more efficient and effective are politically neutral. It is only the diligence in
their application that incorporates the human bias. Anonymity, and thus accountability is
necessary to get rid of this bias. The skills and the technical knowledge which are assumed to
be non-political can be used by the government of any political ideology. For example, Lenin
incorporated many strands of efficiency of industrial capitalism in USSR’s economy. Or, China
embracing tenets of capitalism in its economy while maintaining communism in its polity.
7.4.6. Objectivity
Objectivity is sticking to the facts – the evidence. It means being guided by the evidence and
considering an event will be closer to the truth the more supporting evidence it has. It is that

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quality in which a person or his/her judgement is not influenced by personal feelings or Student Notes:
opinions in considering and representing facts.

It means evaluating a situation fairly, based on facts, without any bias, personal belief, feelings
or external influence. Therefore, it is rational and most of the times, empirical in nature. It is
antithetical to subjectivity, i.e. feeling, values, emotions etc. In practice, civil servants should
make choices on merit while carrying out their duties, for example making public
appointments, awarding contracts, or recommending individuals for rewards and benefits.

Why is it needed?
Civil servants discharge their duties based on clearly defined rules. These rules lay out their
responsibilities as well as give them required authority to carry them out. A public office enjoys
legitimacy and public trust because the responsibility and authority it carries are not arbitrary
(Max Webber’s Legal-Rational Authority). Hence, it is necessary for the individual who occupies
a public position to rational in his/her decisions rather than being arbitrary. Rationality comes
from facts rather than biases- a mind open to assessment of facts uninfluenced by any pre-
conceived notions. Biases blind our view and act as hindrance in taking a decision and its
execution.

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Student Notes:

How it is ensured?
To ensure objectivity, the civil servants are expected to function based on some written rules,
regulations, and laws, so as to eliminate or at least reduce the discretions. Even in situations
where discretionary decisions have to be taken, they must be based on facts and not on
personal beliefs or any other considerations.
How to develop it?
• Transparency: If the decisions and reasons behind them are made public, then civil servant
would be more careful in taking decisions according to the facts rather than whims and
fancies. For example, we have seen this trend with the enactment of RTI Act.
• Information Management System (IMS): If the organization doesn’t record and document
the incidents, information and statistics, then it won’t be able to make decisions based on
proper information.
7.4.7. Dedication to Public Service
Dedication is the quality of being able to give or apply one’s time, attention, or self, entirely to a
particular activity, person or cause.
It is commitment with passion and personal urge to do something, without any external formal
instrument to enforce that urge. Strictly speaking, dedication is different from commitment, in
that, commitment is formally obligated/bound, whereas dedication is guided by sense of duty,
inspired by some ideals, like that of state or society.
Thus, dedication ensures that one is devoted to the task even in the absence of a formal
commitment or external reward.
In civil services, dedication integrates the person with the idea of public good/interest. This
dedication would ensure that civil servant’s sense of duty is integrated with his official
responsibility. As a result, the will keep doing his job even if it boring, unwanting, tedious, or in
hostile environment etc. It is because his duty itself becomes his end, and he realizes Kant’s
maxim of “Duty for the sake of duty.”

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Spirit of sacrifice and service to the public & to the nation are the essential ingredients of Student Notes:
public service and civil servants should feel motivated & inspired by the fact that they are
working & devoting their life to a noble cause if they chose to be a part of it.
Why is it needed?
• Without it civil servants would find it difficult to perform their duties in difficult situations.
• To make civil servants emphatic to their job and empathetic to the people.
• To realize the ideals mentioned in the Constitution, like justice, equality etc.
How to develop it?
Since dedication to public service is more of a kind of aptitude, it has an internal motivational
component, which, if not present, is hard to develop. However, the following can still be done
to ensure dedicated civil services:
• The examination pattern should be so devised to gauge the aptitude of the prospective
recruits.
• By giving them sensitivity training, like the problems faced by different sections of the
population and how they can make a difference.
7.4.8. Empathy, Tolerance and Compassion towards the weaker section
7.4.8.1. Empathy
It is about understanding another person’s condition from their perspective. Simply put,
empathy means putting yourself in their shoes & feel what they must be feeling in the
circumstances they are faced with.
How empathy is different from sympathy?
Sympathy is instinctive and largely involves cognitive aspect. For example, seeing a poor man
at raining winter night you would think to do something for him, but may not necessarily do
anything. You can sympathize with his situation by expressing pity or remorse.
But empathy is deeper than this as it includes emotions as well, apart from that cognitive
aspect. Empathizing with the person means that you are able to view the situation from his
perspective and have knowledge of his circumstances
and hardships. You cannot empathize with an
abstract or detached feeling- you need to have
knowledge about who he is, what is he trying to do
and why. Therefore, it would make you feel to
understand his problems, causes and consequences
thereof. Thus, it is a step ahead of sympathy.
Empathy is stronger attitude than sympathy, hence
it’s better indicator of behavior.
For example, consider climate change. Developed countries may well sympathize with
developing countries which face immediate threats because of rising sea levels and
temperatures. However, their lack of ability to put themselves in the shoes of developing
countries struggling to meet multiple conflicting objectives (poverty alleviation v/s
environmental protection) has led to slow progress in implementing measures needed to
counter climate change and providing adequate climate finance. Thus, they are sympathizing
but lacks empathetic attitude.
Why is it needed?
• To break prejudices and enhance effectiveness of bureaucracy: The bureaucratic system
has become so complex that adhering to rules has become an end in itself rather than

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pursuit of the end which was to be achieved by those rules. More time is spent in Student Notes:
transactional business rather than working for welfare of people.
• To improve Emotional intelligence and Decision making: Empathy helps us understand
others’ emotions, therefore empathy is required to increase one’s emotional intelligence.
• To improve social cohesion and inclusivity: Lack of empathy may lead to social unrest and
intolerance towards women/minorities/ children/disabled as we can’t understand their
actual problems and specific needs. An empathetic civil service is the need of the hour to
usher in inclusive growth.
How to inculcate it?
• Sensitivity training: Role playing games, put yourself in the shoes of other people.
• Open conversation: When members of different sections interact with each in open
environment then the long held prejudiced are dismantled, and thereby empathy is
inculcated.
• Sarvadharma Sambhav: When members of different cultural groups participate in each
other’s cultural festivals then tolerance is developed for each other and empathy is
inculcated.
• Art and literature: They can also sensitize people about the conditions of some specific
group of people.
• Cultivation of interest in other cultures: It means extending our knowledge of ways of life
which are unfamiliar to us and appreciating the underlined ethical values.
7.4.8.2. Compassion
Compassion literally means “to suffer together or co-suffering.” It is defined as the feeling that
arises when you are confronted with another’s suffering and feel motivated to relieve that
suffering. Buddhism teaches the practice of compassion, called karuna.
Compassion and empathy are fundamentally
different but are closely related i.e.:
• Empathy is the feeling of awareness towards
other people's emotions and an attempt to
understand how they feel while compassion is
when those feelings and thoughts include the
desire to help. So, empathy precedes
compassion.
• Empathy is putting oneself in someone else’
shoes to understand what they are going
through, but compassion spurs one to action. For
example: empathetic people may cry with the
person experiencing a loss or if something unfortunate happens but a compassionate
person would rather do something to alleviate/reduce the other person’s suffering.
• While empathy is a very internal feeling, compassion moves outwards as it compels us to
dive into another person’s environment and offer help, without concern for ourselves or
the cost involved.
Importance of having compassion towards weaker section in administration:
• Civil servants are the agents of change. Compassion is ranked as one of the great virtues
for civil servants which has bearing upon the functioning of the administration and society.
Compassion drives the civil servant to help people and ensure the welfare of people.
• Compassionate people often have other positive traits like generosity, kindness, and
understanding. Compassion makes a civil servant lead with not only head but also heart. It
gives rise to active desire to alleviate the sufferings of others.

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• Compassion ensures a people-centric, humane, accommodative administration. It makes Student Notes:
administration sensitive and responsive to the needs of every citizen, thus contributes to
efficient service delivery.
• Compassion helps in getting a better understanding of ground realities and grass root
problems and hence helps in better planning. It also establishes mutual trust and
coordination between society and administration.
• A civil servant with virtues of compassion will make him help the needy and weaker
sections of society even if he may have to deal with external pressure. It helps civil servants
to earn the trust of the public, which enhances his confidence, gives a sense of
satisfaction, and energy to work harder.
How to develop it?
• Increasing awareness about the life and living condition of powerless. It can be done by
getting to know about the downtrodden sections like by visiting their neighborhood.
• Enhancing sensibility towards people by valuing others life and understanding their
perspective.
• Following universal values that are part of one's religion such as Buddhism’s 4 Noble Truths
(Existence of suffering, its cause, its end, Path that leads to its end), etc.
7.4.8.3. Tolerance
Tolerance comprises of allowing people to exercise their rights, religious or constitutional. It is
the midpoint on a spectrum ranging between prohibition/unacceptance at one end to
acceptance at the other. For example, a vegetarian might be convinced it is wrong to eat
animals. Such a person may never accept the practice as part of their own life. However, they
may not want to stop others eating meat.
It teaches us to exercise restraint in sensitive matters. Tolerance is defined as a fair and
objective outlook towards those whose lifestyle differs from a person. It refers to the skills a
person needs to live together peaceably. In Jainism tolerance is captured in the ideal of
Syaadavaada, which means that every view is correct from its own perspective, but no
particular view is absolutely correct.
It means showing respect for the race, gender, opinions, religion and ideologies of other people
or groups, and to admire the good qualities and good work of others. And to express one’s
point of view in a decent and respectful way while respecting the sentiments of others.
Why is it needed?
1. Without tolerance and harmony, the lasting peace of societies cannot be maintained.
2. Tolerance encourages freedom of expression, which is necessary for perusal of truth and
progress. Without it differing views can’t be expressed freely and thereby the society would
become status-quoist and decadent, where new inventions can’t take place.
3. It is necessary to uphold the moral worth of every individual, as according to J.S. Mill, all
individuals have equal moral worth, and therefore should be allowed to express their views
without any constraint.
4. Human development is possible only when we allow everyone to express their views and
pursue their interest.
5. In a diverse society, like ours, civil servants are required to serve all the sections equally
well, which is not possible if they are not tolerant.
6. In fact, values of justice, impartiality and objectivity are not possible without tolerance.
How to develop it?
• Sensitivity training.
• Promoting the notion of Sarvadharma-Sambhav, where we participate in cultural festivals of
different sections of society.

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• Developing empathy for others would lead to tolerance by itself. Student Notes:
7.4.9. Miscellaneous Values
7.4.9.1. Serving the public interest
Civil servants and public officials are expected to maintain and strengthen the public’s trust and
confidence in government, by demonstrating the highest standards of professional
competence, efficiency and effectiveness, upholding the Constitution and the laws, and seeking
to advance the public good at all times.
7.4.9.2 Legitimacy
Civil servants and public officials are required to administer the laws, and to exercise
administrative power on behalf of the government, or the Parliament, or other such authority.
That power and authority should he exercised legitimately, impartially and without fear or
favour, for its proper public
purpose as determined by the
Parliament or their employer.
7.4.9.3. Fairness
Civil servants and public officials
should make decisions and act in a
fair and equitable manner, without
bias or prejudice, taking into
account only the merits of the
matter, and respecting the right of affected citizens.
7.4.9.4. Courage and bravery
It is another feature of gutsy bureaucrats, because they can take transformational steps only if
they have courage to accept the responsibility of failure, if there is any. Moreover, to uphold
highest order of integrity, they have to be courageous, otherwise they would remain spineless,
which is of no use.
7.4.9.5. Responsiveness
As agents and employees of the elected government, civil servants and public officials are
required to serve the legitimate interests and needs of the government, other civil servants,
and all citizens, in a timely manner, with care, respect and courtesy.
They have to be responsive to whatever new opportunities and challenges arise every day. And
must be able to respond to the emerging needs of the people. For example, arranging shelter,
food, financial help for migrants during lockdown.
7.4.9.6. Efficiency and Effectiveness:
Civil servants and public officials are required to obtain best value for public assets deployed in
or through public management, and to avoid waste and extravagance in expenditure and the
use of public assets
7.4.9.7. Innovativeness and Creativity
In a rapidly changing environment with new ICT technologies coming every day, civil servants
have to be innovative and creative to utilize them to make their administrative work faster,
smoother and more efficient.
Moreover, administration should be ecology based, and when there are fast pace changes in
ecology the civil servants must be creative enough to match the changing environment so as to
fulfill their duties innovatively.

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For example, in the era of fast paced advancements in technology civil servants are left with Student Notes:
little to no time to first understand the impact of advancements in technology and then frame
policies on them. Rather they’ll need to adapt to the circumstances and engage in pre-emptive
policy making.
7.4.9.8. Fortitude
It means to have courage in pain or adversity, having courage over a long period. Civil servants
work in dynamic environment where they may be subjected to various external pulls and
pressures. They must demonstrate steadfastness and commitment to values that they adhere
to. For example, trying to help helpless people during lockdown even when there are little
means at disposal.
7.4.9.9. Perseverance and Tenacity
It means continued effort and determination. It means doing something despite difficulties or
delay in achieving success. Single-minded focus of researchers that keep on repeating
experiments for number of years is a good example of perseverance. For civil services,
perseverance is a key value. Changes that policies bring, for e.g. removing open defecation, or
improving sex-ratio in a district are goals that cannot be achieved overnight. There will be lot of
people opposing the schemes because it did not show results in one year or two years. Civil
servants have to persevere if they honestly believe that the current policy/scheme is the best
way to achieve desired goals, although there may not be an immediately visible impact.
Tenacity is very similar- it means the quality of being determined, persisting.
7.4.9.10. Resilience
Resilience is the quality to recover quickly and bounce back. It is the individual’s ability to adapt
in face of crisis and return back to pre-crisis status quickly, better prepared this time. Failure is
inevitable in a task that has uncertainties and decisions that are based on incomplete
information. The task of a civil servant is not to be bogged down by eventual failure of efforts
but to dissect the causes of failure and develop a mechanism to incorporate negative feedback
to improve up on future decisions. A positive attitude, ability to manage emotions and
optimism are key qualities of people who are resilient.

7.5. Consequences of Erosion of Values


• Corruption and absence of public service which is central to any administrative system.
• The administration becomes unresponsive to public needs as it tries to fulfill the ends of
the political party it is affiliated to.
• It results in the destruction of meritocracy, where merit is rewarded and all service
conditions are based on objective assessment of merit. Therefore, transfers, posting etc.
are guided solely by affiliations rather than the capability of the respective civil servant. This
results in inefficiency, ineffectiveness, complacency, and lack of morale.
• It reduces the popular trust in the public services, thereby hurting their credibility.
This erosion of values leads to various concerns, dilemmas and issues. We shall discuss these
concerns and the measures to strengthen ethical administration in the next document of Ethics
in Administration.

8. Previous Years UPSC GS Mains Questions


2013
1. What do you understand by the following terms in the context of public service? a) Integrity
b) Perseverance c) Spirit of service d) Commitment e) Courage of conviction f) Personal
opinion.

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2. Indicate two more attributes which you consider important for public service. Justify your Student Notes:
answer.
3. The good of an individual is contained in the good of all. What do you understand by this
statement? How can this principle be implemented in public life?
2014
1. There is a heavy ethical responsibility on the public servants because they occupy positions
of power, handle huge amounts of public funds, and their decisions have wide-ranging
impact on society and environment. What steps have you taken to improve your ethical
competence to handle such responsibility?
2. Integrity without knowledge is weak and useless, but knowledge without integrity is
dangerous and dreadful. What do you understand by this statement? Explain your stand
with illustrations from the modern context.
3. What does ethics seek to promote in human life? Why is it all the more important in public
administration?
2015
1. “A mere compliance with law is not enough, the public servant also have to have a well-
developed sensibility to ethical issues for effective discharge of duties” Do you agree?
Explain with the help of two examples where (i) an act is ethically right, but not legally and
(ii) an act is legally right, but not ethically.
2. Public servants are likely to confront with the issues of “Conflict of Interest”. What do you
understand by the term “Conflict of Interest” and how does it manifest in the decision
making by public servants? If faced with the conflict of interest situation how would you
resolve it? Explain with the help of examples.
2016
1. Why should impartiality and non-partisanship be considered as foundational values in
public services, especially in the present day socio-political context? Illustrate your answer
with examples.
2. What do you understand by the term ‘voice of conscience’? How do you prepare yourself to
heed to the voice of conscience?
3. What is meant by ‘crisis of conscience’? Narrate one incident in your life when you were
faced with such a crisis and how you resolved the same.
2017
1. Conflict of interest in the public sector arises when (a) official duties, (b) public interest, and
(c) personal interest are taking priority one above the other. How can this conflict in
administration be resolved? Describe with an example.
2. Examine the relevance of the following in the context of civil service:
(a) Transparency
(b) Accountability
(c) Fairness and justice
(d) Courage of conviction
(e) Spirit of service
3. One of the tests of integrity is complete refusal to be compromised. Explain with reference
to a real-life example.
2018
1. State the three basic values, universal in nature, in the context of civil services and bring out
their importance.
2. What is mean by public interest? What are the principles and procedures to be followed by
the civil servants in public interest?
3. “In looking for people to hire, you look for three qualities: integrity, intelligence and energy.
And if they do not have the first, the other two will kill you.” – Warren Buffett. What do you
understand by this statement in the present-day scenario? Explain.
4. Explain the process of resolving ethical dilemmas in Public Administration.

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2019 Student Notes:
1. What is meant by the term ‘constitutional morality’? How does one uphold constitutional
morality?
2. What is meant by ‘crisis of conscience’? How does it manifest itself in the public domain?

9. Previous Years UPSC Mains Questions: Case Studies


1. Suppose you are an officer in-charge of implementing a social service scheme to provide
support to old and destitute women. An old and illiterate woman comes to you to avail the
benefits of the scheme. However, she has no documents to show that she fulfils the
eligibility criteria. But after meeting her and listening to her you feel that she certainly
needs support. Your enquiries also show that she is really destitute and living in a pitiable
condition. You are in a dilemma as to what to do. Putting her under the scheme without
necessary documents would clearly be violation of rules. But denying her the support
would be cruel and inhuman.
(a) Can you think of a rational way to resolve this dilemma?
(b) Give your reasons for it.
2. Rameshwar successfully cleared the prestigious civil services examination and was excited
about the opportunity that he would get through the civil services to serve the country.
However, soon after joining the services, he realized that things are not as rosy as he had
imagined. He found a number of malpractices prevailing in the department assigned to him.
For example, funds under various schemes and grants were being misappropriated. The
official facilities were frequently being used for personal needs by the officers and staff.
After some time, he noticed that the process of recruiting the staff was also not up to the
mark. Prospective candidates were required to write an examination in which a lot of
cheating was going on. Some candidates were provided external help in the examination.
Rameshwar brought these incidents to the notice of his seniors. However, he was advised
to keep his eyes, ears and mouth shut and ignore all these things which were taking place
with the connivance of the higherups. Rameshwar felt highly disillusioned and
uncomfortable. He comes to you seeking your advice. Indicate various options that you
think are available in this situation. How would you help him to evaluate these options and
choose the most appropriate path to be adopted?

10. Previous Years Vision IAS GS Mains Questions


1. One has not only a legal but also a moral responsibility to obey just laws. Conversely,
one has a moral responsibility to disobey unjust laws.
Approach:
• Briefly highlight your understanding of the quote.
• Discuss its importance in the current context.
• Conclude accordingly.
Answer:
In a democracy, a law not only has the statutory sanction but also reflects the will of the
people. Obedience to the law of the land is also a moral obligation for maintaining
social and political order in the interest of common good. Socrates when condemned to
death, did not flee the city. According to him, it would have been violation of law
amounting to mistreatment or disrespect of his fellow citizens.
If one has agreed to constrain his freedom being bound by the law, under the premise
that others will do likewise, then it’s unfair if others choose to disobey the law to suit
their convenience. This approach to obeying laws on the basis of convenience will
create chaos.

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However, not all laws can have moral sanction. Even in a democracy, a majority can take Student Notes:
over the legislative process and frame a law that may not be just to every section of the
society or may undermine the dignity of some. A law that caters to most, at the cost of
a few is an unjust law. And according to St. Augustine an unjust law is no law at all.
Mahatma Gandhi also argued that an unjust law is itself a species of violence. In the
present context, following examples could be seen in this light:
• Criminalizing Homosexuality: Many countries, including India till recently,
criminalised LGBT community for their sexual orientation.
• Adultery and sexual harassment- Until recently, only a man in India could be
prosecuted for adultery under Section 497 of IPC. On the hand only women can file
cases against sexual harassment in India. Men do not have legal recourse, if faced
with sexual harassment.
Historically laws related to apartheid in South Africa and racial discrimination in US
were morally corrupt. Therefore, these laws were withdrawn after widespread
opposition and resentment by the population. Martin Luther King also provided a
template for opposing unjust law. He said that one who breaks an unjust law must do
so openly, lovingly, and with a willingness to accept the penalty. There should be
acceptance of penalty of imprisonment in order to arouse the conscience of the
community over its injustice. This in reality expresses the highest respect for law.

2. "Law should be so succinct that it can be carried in the pocket of the coat and it
should be so simple that it can be understood by a peasant." Discuss.
Approach:
• Introduce by stating the relevance of this quote.
• Discuss the meaning of the statement – emphasising key words.
• Conclude with examples.
Answer:
The given statement was quoted by Napoleon, which also finds its mention in the 2nd
ARC report on ethics in governance. The statement focuses on why law should be brief
and concise so that one can comprehend it easily. Also, law should be away from
complexities, so that even the person existing at the lowest rung of the pyramid (in this
case, peasant) can decipher it.
The above statement gains relevance in the context of:
• The lengthy legal texts and intricate language used in framing the constitution, and
a no. of civil & criminal laws, etc.
• Expensive legal system for the poor and marginalised and termed as lawyer’s
paradise.
• Complex jurisprudential interpretation of law and policy.
• The complexities in the law often end in secrecy as well as harassment of the
ordinary people.
• Existence of obsolete and archaic laws.
In the present context, to make laws succinct and simple a substantive exercise must be
carried out of identifying those statutes and regulations that no longer serve a useful
purpose, but may become a tool for delay, obstructionism and harassment. There
should be systematic use of drafting techniques like sunset and review clauses, and
simplification of the procedure for repeal.
As a civil servant and a law-abiding citizen of the country, it is the duty of every citizen
to aid and assist the poor by not only promoting the cause of simple procedures and

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legislations, but by also making available free legal aid for socially and economically Student Notes:
vulnerable people as envisaged under Article 39A and the Legal Services Authorities
Act.
Several such initiatives have been undertaken to simplify legislative procedures. For
instance:
• The government undertook repeal of about 2000 archaic laws in the past decade
such as through Repealing and Amending Act, 2017.
• Civil society organisations taking law to tribals and poor by making them
understand and representing their causes. For example, civil societies working for
the rights of Adivasis in Chattisgarh.Single window clearance mechanisms have
expedited last mile service delivery and minimised hassles of complex procedures.
Apart from reforming the laws, The National Legal Services Authority (NALSA) has been
constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services
to the weaker sections of the society and to organize Lok Adalats for amicable
settlement of disputes. Mahila Adalats, e-courts for effective and timely justice have
also been setup.
To conclude, a nation should strive for succinct and simple law which is easily
understandable by the people. It must also be noted that laws are drafted in conformity
with existing laws and principles of jurisprudence. It is never meant to be used as tool
for rough and ready delivery of justice. Only a court or a duly appointed authority can
provide for expression of of views of contending parties, and that inevitably brings in
lawyers, who may interpret the law according to convenience if it is not well-drafted.

3. Why are certain rights considered universal in nature? Explain using examples.
Approach:
• Briefly introduce with a definition of rights.
• Discuss why certain rights are considered universal in nature.
• Give a brief conclusion based on the discussion in the answer.
Answer:
Rights mean claims & entitlements of individuals and groups that are considered to be
necessary for leading a life of respect and dignity and are essential for their well-being.
There are certain rights that are considered universal in nature because:
• They are rights inherent to all human beings since all human beings are born free
and equal. They have a right to have rights. For example, Freedom is an essential
condition for life and entitlement of the right to freedom is hence a universal claim.
• They are natural rights, that is, they are derived from the law of nature and not
dependent on laws or customs of any particular culture or government. For
example, Right to life and liberty.
• They impact all people without distinction of any kind, such as race, colour, sex,
language, religion, nationality etc. For example, Right against Exploitation & Right to
Justice affects all people equally & hence makes a case for their universal
availability.
• They are inalienable as exclusion from any of such rights would lead to
discrimination, unequal access to resources and opportunities, inability to realize
their potential. For example, No one shall be held in slavery or servitude or be
subjected to torturous or degrading treatment.

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• They are required to meet the basic needs, for example, the right to develop one’s Student Notes:
own talent and skills, right to opportunities etc. ensures that certain sections are
not denied the equal chance to have a dignified life in terms of food, clothing and
shelter.
Although mostly individualistic, the above discussed rights are required for the overall
development of the society because an empowered individual only would lead to a
sustainably empowered society. Entitlement to these universal rights would help build a
world in which every man, woman and child lives life with liberty and is protected from
oppression, violence and discrimination.

4. Explain the significance of the following in the context of civil service: (i) Public trust
(ii) Objectivity (iii) Strength of character (iv) Empathy (v) Selflessness
Approach:
• Succinctly define the terms.
• Outline the significance of each, by using examples or otherwise, in civil services.
Answer:
The given terms are the assets that a civil servant must possess in order to be true to
his/ her duty towards the society. Significance of these is discussed below:
(a) Public Trust: It is the firm belief in the reliability, truth, or ability of the people in
public offices, institutions and officials i.e. the measure of public confidence and
faith commanded by an officer or an institution or a system. High public trust
enables a civil servant to take bold decisions, whereas, low public trust raises
question on every activity. It can be built by consistent performance and efficient
delivery of expected services. For example, the Election Commission enjoys high
trust and this has helped it to implement ‘Model Code of Conduct’ even without
Legislature’s backing. One of the reasons that bribery is regarded as a notorious evil
is that it contributes to a culture of political corruption in which the public trust is
eroded.
(b) Objectivity: It is the quality of being truthful, unbiased, impartial and sticking to the
facts beyond the influence of one’s feelings and prejudices. Objectivity helps a civil
servant to rise above his own biases and perceptions and take actions in the larger
interest. For example, a judicial magistrate with objectivity would go by the merits
of a robbery case rather than being influenced by the public perception of the
culprit.
(c) Strength of character: It is a measure of how much a person can persevere in
adverse circumstances and stand against wrong actions/deeds.. It is determined by
how strongly or weakly does one believes and adheres to certain values. It stands
to test in the face of hardships. If a person holds high strength of character, he/ she
would hold on to his principles even in the face of crisis be it social, economic or
political. This strength helps a civil servant to firmly say ‘no’ to anyone’s ill demands
that may go against the law or the general public e.g. during riots, passing of
tenders, work during disasters and so on.
(d) Empathy: It is the ability to place oneself in another’s position and understand their
feelings and experience their emotions. In context of civil services, unless the public
officials empathize with the common man, they will not be able to understand the
problems faced by him and consequently, public services will not improve e.g. an
empathetic official will ensure ramps etc. in his/ her office premises to aid the
movement of the physically disabled.
(e) Selflessness: It means to put others before oneself to the extent of having little or
no concern for one’s life, money, position etc. The job of civil servant demands that
public concerns be the top priority. There might be situations where an official has

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to give up family time at a stretch in order to fulfil professional responsibilities. Student Notes:
Further, selflessness helps in building an organization of integrity and honesty.

5. Courage is the first of human qualities because it’s the quality that guarantees the
others.
Approach:
• Define courage & establish its importance as an important human virtue.
• Discuss, with examples, how courage is a prerequisite for other human qualities.
• Conclude in a balanced manner.
Answer:
Courage is the virtue that enables a person to restrain fear in the face of danger,
difficulty or doubt. As Nelson Mandela put it, “Courage is not the absence of fear, but
the triumph over it”.
Courage guarantees other qualities
• Courage enables people to face tough consequences for their acts. For instance
whistleblowers like Edward Snowden often pay heavy price for disclosures.
• Without courage it is difficult to display qualities like leadership which entails laying
out roadmaps for the future amidst uncertainty. For example it is “courage” that
enabled Mahatma Gandhi to display the virtue of nonviolence against the
oppressive colonial regime.
• It encourages people to take firm decisions and attempt things that they have not
tried before. For instance, it takes courage to invest in novel & seemingly
impractical/commercially unviable ideas like the SpaceX.
• Various personal, social and professional feats are unthinkable without courage. It
may be the fight for social reforms or fearless decision making by public officials to
bring about public accountability, impartiality and truthfulness in daily life.
However, it must be borne in mind that courage must stay within limits defined by
reason (like the courage displayed by law-enforcing personnel vis-à-vis criminals).
Moreover life provides daily opportunities and instances of courageous acts (for
instance standing up for injustice, actively supporting a just cause like cleanliness in
public places etc.) as distant from notions of courage as extreme or dramatic physical
heroism.

6. What are the factors that have influenced the contemporary attitude of the state and
the society towards homosexuality in India? Also, comment on the changing attitude
and the factors driving this change.
Approach:
• State the factors that are affecting currently held attitude towards homosexuality in
India.
• Mention the factors that result in changing attitude towards homosexuality and
what this change is all about.
• End with a way forward.
Answer:
While acceptance of homosexuality has not been fully entrenched in India, there is a
shift in stance of the society and state regarding it. The factors that have influenced the
contemporary attitude include religion, international discourse, individual rights, legal
pronouncements, advancement of medical understanding, etc.

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Reasons for the attitude opposing homosexuality: Student Notes:
• At the core lies the question that is it the natural expression of sexuality or merely a
product of closet desires? Those opposed to homosexuality generally consider it to
be the latter.
• Religion: Major religions such as Islam and Christianity consider homosexuality to
be a sin explicitly. Further, religious groups of all major religions support
criminalizing homosexuality.
• Traditional values: Indian culture espouses marriage, procreation and continuity of
traditional values. People suppress homosexual tendencies to prevent ostracization
by family members.
• Social stigma:For many Indians, homosexuality is still a taboo and a Westernized
concept.
• Legal provisions: Section 377 of IPC criminalizes homosexuality and thus strict legal
provisions have also shaped the attitude.
• Political reasons: The political class has shown apathy to LGBT rights in India mainly
due to prevailing attitude in the society which can affect vote bank.
• Homosexuality has been considered a medical problem and claimed to be treatable
with indigenous therapy.
However, off late, there has been considerable shift in the attitude of some sections of
the society which led to the filing of PIL to quash the law criminalising homosexuality.
Reasons for the changing social attitude towards homosexuality:
• Globalisation: With the free flow of information and ideas, the liberal attitude
towards homosexuality held found in the developed world is being adopted by
Indians as well.
• Social media: Social media networks are important platforms to accommodate
homosexuals who need a support system.
• Film industry: The film industry is also increasingly depicting favourable attitude
towards homosexuals.
• Support from organizations: Organisations like Humsafar Trust, Naz Foundation etc.
support decriminalising homosexuality. They are aided by the favourable
judgements by the higher judiciary, like in 2017; the SC stated that freedom to
express sexual orientation is guaranteed under Article 21.
• Open social support: There is increasing youth support through participation in
events like gay parade in Delhi, Bangalore etc.
Thus, both legal and social attitudes regarding homosexuality are witnessing change.
There is a need to support legal rights of the LGBT community and develop positive
social attitude towards them to prevent marginalization.

11. Previous Years Vision IAS GS Mains Questions: Case


Studies
1. You are posted as a District Collector in one of the districts in India. It has been
brought to your notice that a structure has been built by few members of a religious
community on the public land without getting due permissions. In keeping with the
guidelines of the Supreme Court of India, disallowing the construction of any
permanent religious structures on public land, you are contemplating its removal.
However, the leaders of the community in question have requested you to permit the
structure saying that it is for the period of month long religious festival only.
Moreover they say that there is no other religious place nearby where community
members can celebrate their festival. Your seniors and the political leader of the area

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also support their views. However you are skeptical that after the festival is over, it Student Notes:
may not be easy to remove the religious structure from the public land due to the
involvement of community members at large.
1. Perform an objective and subjective analysis of the case.
2. What will you do in such a situation?
Answer:
Objective Analysis:
• The constitution of India caters to treat everybody as equal before of the law
irrespective of his religion. Thus, religious community in the question should not be
dealt with any special treatment.
• As a civil servant an officer should follow the guidelines of SC as its interpretation is
final and binding in India.
• If he violates the law he has to answer to his superior for such a violation.
• The religious community too is part of Indian population. Therefore, their customs
and beliefs should be respected.
Subjective Analysis:
Religion plays an important part in lives of people in India. If the structure is removed,
the action can be given a communal color. Since our model of secularism respect all the
religion equally, their sentiment should also be respected. Leadership quality of civil
service also demands not to antagonize any community.
Course of Action:
1st Approach
Firstly, leaders of the community should be persuaded that though District
Administration fully respect the values and customs of their religion but due strict
guideline administrators have to suffer from penal action if structure is not removed.
Second, if leaders do not agree, then the matter should be discussed with the superiors
that are there any authority which can give such permission. If it is not possible, then
he should remove the structure.
If such solution is not available, then he should check whether it is possible to limit the
number of people attending the festival, based on law and order administration
available and with the help of leaders of the community? If it is possible, then he can
allow them to take up the festival because structure can be removed later if number of
people involved is not much. If it is not possible, then he should remove the structure.
2nd Approach
Community activities can be taken up on a government land but proper permission
needs to be taken so I will ask to that community to take requisite permission in written
manner.
As a district officer it is my responsibility to maintain law and order and peace in district
and also to ensure sentiments of community is not hurt. Therefore to maintain such
balance permission will be granted till festive month but after that demolition will be
carried out under municipal act, following proper procedures and discussions with
influential and important members of religious community such that peace would not
be disturbed.

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2. You are the director of a unit in a regulatory agency that is charged with monitoring Student Notes:
the use of potentially harmful commercial chemicals. Geeta, a junior project manager
under your supervision, is responsible for studying a broad-spectrum insecticide that
is used not only in agriculture by small food-grain farmers and cotton farmers, but
also in the livestock sector as an animal spray. She has been assigned to determine
whether this product should be removed from the market. At a social event, Geeta
met a man named Siddharth, who she later learned was the Mumbai representative
for the insecticide manufacturer. After meeting Siddharth several times, she became
rather fond of him and wanted to pursue the relationship further. However, Geeta
realized that their professional roles created a potential conflict of interest for her,
and she decided to tell you about the situation. She intended to continue seeing
Siddharth and said she considered herself mature enough to maintain a separation
between her professional and private lives. Geeta insisted that her feelings for
Siddharth would not influence her judgment in any way; in fact she and Siddharth had
never even discussed the chemical in question. What would you do in such a
situation? While you evaluate the alternatives available to you, what are the moral
codes and maxims that come to your mind as reference points for arriving at a
decision?
Answer:
1st Approach
Approach
In this case the ethical situation is not much clear. Has Geeta done anything that
represents a breach of professional ethics? Because of her relationship with Siddharth,
it might well be difficult for her to maintain objectivity in discharging her duties. But
perhaps it might not be. People differ in their ability to manage tensions of this kind.
And what is your responsibility? Is it more important to avoid even the appearance of
unethical conduct within your organization or to support an employee’s right to
freedom in her private life? Should Geeta be trusted until her behaviour demonstrates
otherwise? Examine your alternatives and arrive at a suitable conclusion.
Answer
You have to think about how to handle this highly sensitive situation. Some alternatives
may come immediately to your mind:
1. Order Geeta to stop seeing Siddharth
2. Transfer her to another task
3. Discuss the matter with your superior
4. Trust Geeta to do the job without being biased by the relationship
Then you consider the possible consequences:
• Geeta may resign
• Progress on investigating the chemical may be delayed
• The media may pick up the story
• A biased decision may be reached about the chemical, with serious consequences
for the public
• You may be blamed for irresponsible conduct if your superior discovers the
relationship without being informed by you
As you evaluate the alternatives and their possible consequences, various moral rules
and maxims come to mind as reference points for arriving at a decision:
• “You should be fair with subordinates under your supervision.” Would you handle
this situation differently if it involved a male member of your staff?

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• “Avoid even the appearance of evil.” Even if Geeta performs in an objective, Student Notes:
professional manner, will the credibility of your organization be eroded if this
situation is picked up by the press?
• “Honesty is the best policy.” If you take any action that Geeta perceives as
punishment or distrust, are you discouraging honest communication from your
staff? Should you tell your superior, or should you maintain Geeta’s confidence and
accept responsibility for dealing with the situation yourself?
As we review the facts of the case, the alternatives for action, and their likely
consequences on the one hand, and associate them with our stock of relevant moral
rules on the other, the field of alternatives begins to narrow and one or two rules
emerge as crucial. We can move towards a decision, with the practical consequences
and the moral justification related in some way that is acceptable to us.
After defining the situation as objectively as possible and defining the ethical issue, the
most difficult requirement is resisting the inclination to view the alternatives in
dichotomous terms, as meaning that you must do either this or that. Either you tell
Geeta to stop seeing Siddharth, or you trust her to handle the relationship in a
professional manner. This either-or view is the most common trap in the ethical
process. Rarely does such an ethical issue have only two or three possible solutions: If
you tell Geeta to stop seeing Siddharth, what is the likely outcome? What if you transfer
her to another position? Ask another member of the staff to work along with her?
Tighten your supervision of her work? What chain of events will likely unfold, and
toward what end?
There may also be regulations concerning conflict of interest that could apply to this
case. Moreover, the importance of individual dignity should be considered along with
respect for privacy: values that are highly important. The question is not only whether
you should observe the regulations or be responsive to Geeta’s wishes. Rather, it is a
matter of how the intent of the regulation can be upheld while still showing respect for
Geeta’s dignity and privacy. The tension between these two obligations is a healthy one
for any superior to address and reflect on. Simply ordering Geeta to stop seeing
Siddharth would be treating her in a mechanical and disrespectful manner, but simply
giving in to her would run the risk of accepting real or perceived conflicts of interests.
Thus one solution might be to talk it through with her, offering assurance that you
understand her dilemma and want to be helpful. You might then discuss the various
alternatives for protecting her dignity and privacy while fulfilling your duty to the law.
You should attempt searching her for a win-win solution that does not punish her for
having a private life outside work.
2nd Approach
Analysis
• Regulatory organization is very crucial as it can affect the lives of people, animal
and environment. Geeta’s relationship can have detrimental effects on the
stakeholders.
• If this issue comes into the public domain, people can lose the faith in regulatory
framework of the country.
• Though Siddharth have not asked her to help in this matter, but in future it can
happen.
• If she is not allowed to continue her relationship, it can affect her efficiency.

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My action Student Notes:
First, I will find out whether code of conduct or code of ethics of the organization
clearly debars such relationship. If it is so, then I will convey it to Geeta. I will also
explain how important it is to remain neutral in regulatory works. I will explore the
options of transferring her to some other departments. If no other solution work, I will
ask her to make a choice between the relationship and the office.
If no code anywhere mention about such relationship, even then I owe the
responsibility to carry out the regulatory functions with autonomy and unbiased. Thus,
I will transfer the case of Siddharth’s company to the other officials than Geeta.

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system or transmitted in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise, without prior permission of Vision IAS

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Student Notes:
ETHICS IN ADMINISTRATION- CONCERNS,
DILEMMAS AND SOLUTIONS
Table of Contents
1. Governance, Good Governance and Ethical Governance .........................................2
2. Status of Ethical Standards in Indian administration ...............................................3
2.1. Ethical issues in Indian administration ........................................................................ 3
2.2. Ethical dilemmas in Indian administration .................................................................. 4
3. Ethical Concerns and Dilemmas in Private/Business Institutions .............................5
3.1. Ethical Issues of Private Sector in General ................................................................... 5
3.2. Ethical Issues of Employers......................................................................................... 5
3.3. Ethical Issues of Employees ........................................................................................ 6
4. Existing Framework for Ethical Standards in India ..................................................6
4.1. Central Civil Services (Conduct) Rules 1964 ................................................................. 6
4.1.1. Critique of the Rules ................................................................................................................... 7
4.2. Draft Public Service Bill 2006 ...................................................................................... 7
4.3. Code of Conduct for Legislators .................................................................................. 8
4.4. Code of Conduct for Ministers .................................................................................... 8
4.5. Code of Conduct for Judges ........................................................................................ 9
5. Code of Ethics and Code of Conduct ........................................................................9
5.1. Purpose of Code of Ethics and Conduct ..................................................................... 10
5.2. Key Elements ........................................................................................................... 11
5.3. Importance of Code of Ethics.................................................................................... 11
5.4. Limitations of Code of Ethics .................................................................................... 12
5.5. First Initiative for Code of Ethics- May 1997 .............................................................. 12
5.6. Second ARC Recommendations with respect to Code of Conduct and Code of Ethics.. 13
6. Strengthening of Ethical and Moral Values in Governance .................................... 14
6.1. General Strategies to Strengthen ethical and Moral Values........................................ 14
6.2. Specific Strategies to be Considered ......................................................................... 14
7. Way Forward ....................................................................................................... 15
8. Previous Years UPSC GS Mains Questions ............................................................. 15
9. Previous Years UPSC Mains Questions: Case Studies ............................................. 15
10. Previous Years Vision IAS GS Mains Questions .................................................... 16
11. Previous Years Vision IAS GS Mains Questions: Case Studies ............................... 28

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system or transmitted in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise, without prior permission of Vision IAS

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Note- Student Notes:
This document shall cover the following sections from the syllabus-
• Ethics in Public Administration: Status and Problems; Ethical Concerns and Dilemmas in
Government and Private Institutions
• Codes of Ethics, Codes of Conduct, Strengthening of Ethical and Moral Values in
Governance.

1. Governance, Good Governance and Ethical Governance


Governance is the exercise of economic, political and administrative authority to manage a
country’s affairs at all levels. Good governance is perhaps the single most important factor in
eradicating poverty and promoting development.
Without good governance, no number of developmental schemes can bring improvements in
the quality of life of the citizens. On the contrary, if the power of the state is abused, or
exercised in weak or improper ways, those with the least power in the society – the poor- are
most likely to suffer.
Though, good governance is a dynamic concept, but it is largely said to have the elements of
efficiency, economy, effectiveness, equity, transparency, accountability etc. which are essential
for promoting prosperity of all.

Ethical governance, on the other hand, is a step ahead of good governance in that it seeks to
realize certain universal desirable values, and not merely virtues of administrative efficiency. For
example, the Government of India Act 1858 was also called as “Act for Good Government of
India”, but it was intended for the benefit of the British at the cost of Indians. Therefore, what is
‘good’ keeps on changing with time and space. Hence, it is ethical governance that is needed.
Key elements of ethical governance
Ethical governance means governance based on certain value premise, which is also “good”. For
example, probity, integrity, compassion, empathy, responsibility, social justice etc. without
which ethical issues can’t be upheld.
Elimination of corruption is not only a moral imperative but an economic necessity for a nation
aspiring to catch up with the rest of the world. The most important elements of ethical

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governance to eliminate corruption and reduce bureaucratic delays should be rule of law, Student Notes:
probity, and responsibility.
• Probity would ensure that the sole purpose of administration is public interest, thereby
devoid of any wrongdoing.
• Responsibility, not merely accountability, ensures the inculcation of internal accountability
for every act of omission or commission in the form of judgement based on one’s
conscience. If this is attained then there would be no question of corruption.
• Rule of law checks arbitrariness in governance, thereby reducing chances of misusing
discretion.

2. Status of Ethical Standards in Indian administration


The Indian civil services suffer from strange paradoxes-
• Poor self-actualization: Rigid adherence to procedure combines with a ready susceptibility
to personal pressure and intervention. While a bureaucrat may give the appearance of
being preoccupied with correctness and propriety, in practice he may be committing
endless irregularities and improprieties.
• One size fits all approach: An apparent pursuit of the uniform application of absolute
justice may contain glaring anomalies. It is a curious reflection on their attitudes and
thinking that Indian bureaucrats are willing to tolerate such contradictions between theory
and practice.

2.1. Ethical issues in Indian administration


• Excess of personal authority or rank position: Intentionally, officials make actions that are
out of their position responsibilities and rights that, finally makes damage to the interests
of state or certain citizens.
• Negligence: A public official either does not perform his professional responsibilities or
performs them in a delinquent manner, causing damage to the state or community. This is
mostly because of the lack of interest that one has in one’s duties and responsibilities
• Bribery: Bribery and corruption have come to become an acceptable part of the society, as
a necessary evil greasing the wheels of the economy
• Complacency replaces the hard work- Although there is a core of exceptionally
hardworking, dedicated and conscientious officers, they stand today overwhelmingly
outnumbered by the complacent, who are obsessed with status, rank and emoluments and
addicted to habits of personal luxury and indolence
• Psychology of evasion- When confronted with a difficult decision, the Indian bureaucrat
seldom makes any attempt to tackle the problem with initiative and imagination. Instead,
he will refer the matter to another department or make a series of unnecessary references
to subordinates to gain time.
• Patronization: The post-retirement assignment of senior officers to Regulatory bodies and
other important posts is largely done on patronage with no set guidelines.
• Administrative Secrecy- Secrecy is the hallmark of bureaucracy. In the name of public
interest private interests are served while maintaining secrecy. Transparency therefore is
one of the most vital virtue of Ethical Governance
• Nepotism- The practice of nepotism (the appointment of relations and/or friends to public
positions, thereby ignoring the merit principle), may lead to the downgrading of the quality
of the public service.
• Lack of compassion: Indifference towards the feelings or the convenience of individuals and
by an obsession with the binding and inflexible authority of departmental decisions,
precedents, arrangements or forms, regardless of how badly or with what injustice they
work in individual cases.

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• Abuse of personal authority or rank position for private benefit: Intentionally, public Student Notes:
official may use the authority and facilities exercisable by virtue of holding a position (and
provided to make that exercise of power more effective), in the guise of public service for
personal interest. It appears when:
o Leaking official information- It is usually of sensitive nature and disclosure of such
information can lead to chaos, corrupt practices or, for some individuals, improper
monetary gains. Leaking official information at a date prior to the public announcement
thereof is a violation of procedural prescriptions
o Performing administrative actions while ignoring the facts and without a just motive;
o Use of public technical means, cars, communications, premises in a public official’s
private interests;
o Inactivity causing damages for community

2.2. Ethical dilemmas in Indian administration


Public servants find themselves in dilemmas that include conflict between:
• Between different values of public administration – such as efficiency v/s accountability
• Aspects of the code of conduct- accepting rewards or gifts for performance of duty
• Personal values v/s those of senior or a governmental directive
• Professional ethics v/s following an unjustified order by a supervisor/authority
• Blurred or competing accountabilities- such as towards department or society

The set of fundamental principles or criteria that integrate the process of dealing with ethical
dilemmas in public administration are:
• Democratic accountability of administration,
• The rule of law and the principle of legality,
• Professional integrity; and
• Responsiveness to civil society.
This can be described as the ALIR (Accountability, Legality, Integrity, Responsiveness) model of
imperatives of ethical reasoning in public administration.

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3. Ethical Concerns and Dilemmas in Private/Business Student Notes:

Institutions
Business ethics is the predominant source of guidance in Private/business institutions. The
philosophy may vary from organization to organization; however, fundamentals remain the
same. Individuals often find themselves in a situation of conflicting desires. Sometimes they
have to choose amongst two rights or wrongs. For example, whether to leak information which
is harmful to public interest but serves the interest of the private corporation? Likewise, other
general Ethical issues in Private sector are discussed below:

3.1. Ethical Issues of Private Sector in General


• Favoritism, Nepotism and partisanship: Conflict of interest in appointments- especially in
family run companies- to positions such as board of directors.
• Integrity of the audit process- Companies have been found to fudge their balance sheets. It
is the job of auditors to conduct proper audit and flag any violations, which they have failed
to do in many instances. For example DHFL case. AT times even third party auditors failed to
highlight incongruence in the balance sheet.
• Insider trading and manipulation of share prices: Excessive competition in the market
often forces people for unethical practices. It is also when personal interests take
precedence over the organizational and the share-holders interest. Companies poach such
employee for insider information. This may have debilitating results.
• Cartelisation and manipulation of markets: Big conglomerates often to displace the new
entrants form cartels having monopoly over the market. Such cartels have been seen in
drug, communication, cement etc. These cartels manipulate the market due to their hefty
share. Price manipulation is one big impact of the same.
• Lobbying with the government for favourable policies: Lobbying in some countries is
ethical. In India there is no law which defines Lobbying. Defence contracts are often heated
topics for the lobbying angles involved in the same. Lobbying in a regulated manner is often
recommended by experts.
• Oligopoly or Monopoly: For example, Communication sector is suffering from monopoly of
few big conglomerates. The price wars have displaced many players from the market.
Burning money to replace competitors is an unethical practice and competition commission
in India regulates it.

3.2. Ethical Issues of Employers


• Favouritism: This means that the employer may favour a particular person with regard to
promotions and bonuses and evidently neglect other eligible employees. This conduct is
considered highly unethical on the part of the employer.
• Sexual harassment at work place: is not legal/ethical/moral whether in the workplace or
out of it. Harassing an employee sexually, or refraining from taking action against those who
are involved in such offences, is strictly forbidden. Despite having laws, most of the
companies do not have internal committees to address the complaints.
• Hire and Fire culture: Terminating an employee without any notice. In some cases, for
reasons like budget management, companies opt for mass retrenchment to reduce the
number of employees. Such steps should be undertaken after prior indications and notice
of at least a month or two, so that the person can find another job.
• Gender neutrality: To develop gender neutral architecture in organizations is another
ethical issue. Organizations are often found to be insensitive and partial. Some
organisations hire less women due to maternity leaves and other gender associated
prejudices. Various studies have found that despite having better leadership skills women
face glass ceilings within the organization. Women are considered to be less productive.

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• Accessibility: Organizational infrastructure should be accessible to all, including disabled. Student Notes:
Most of the organizations lack sensitivity and awareness about disabled.

3.3. Ethical Issues of Employees


The employees in an organization may fall prey to many unethical practices, knowingly and
unknowingly. Some of the important ethical issues that employee may face are as following:
Ethical Issues Explanation
Work Ethics • Any and every organization has some work culture and employees there follow
some work ethics.
• Some of the important values of which are; Punctuality, proactive communication,
Documentation, Upholding the dignity of fellow employee and regularity. Any
breach of these values is an ethical concern.
• E.g. taking excessive leave beyond the allowed number is a breach of ethical code. It
not only leads to losses for the company but also brings the employee a bad name.
Breach of • Accepting terms and conditions are usually done as a part of joining procedure.
rules and • Violating any of these rules may lead to undesirable issues between the company
regulations and the employee.
of the • E.g. Failing to maintain the privacy policy of the company is sort of breaking of rules
company
Misuse of • Utilisation of organizational resources to fulfill personal needs is unethical.
resources • E.g. Making unnecessary phone calls at the company’s cost.
• E.g. Some employees pocket tools and stationery such as staplers, pins, papers etc.
to use them at home
Using office • Because employees tend to spend so much of their weekday hours on the job, they
hours for often are tempted to conduct personal business on company time.
private work • E.g. This can include setting up doctor's appointments on company phone lines etc.
Working for • Companies usually prohibit employees to work in more than one organization,
multiple especially in a competing company where confidential information may be used.
organizations • This also questions the loyalty one has for employer.
Taking Credit • Taking the credit of success and disowning the blame for failure is a common
for Others' unethical practice that leaders do.
Work • E.g. Prof. Satish Dhawan (then chairman of ISRO) demonstrated this quality while
accepting failure for first Satellite Launch Vehicle mission by a team led by Dr. APJ
Abdul Kalam. However, such ethical traits have been found missing in many
organisations.
Harassing • Employees often don't know what to do if they see one of their co-workers
Behaviour harassing another employee either mentally, sexually or physically.
• Employees may worry for their jobs if they attempt to report a superior for
harassment. They may fret that they'll be labelled a troublemaker if they report co-
workers who display inappropriate behaviour toward other employees.

4. Existing Framework for Ethical Standards in India


India inherited the colonial bureaucratic structure and with time functional and structural
unethical behavior started to appear. Important ethical standards were therefore created to
improve the quality of administration. Some of the key Ethical standards in India are as follows:

4.1. Central Civil Services (Conduct) Rules 1964


Conduct rules governing the conduct of India’s bureaucracy largely ensure that officers do not
divulge confidential information or criticise government policy, and remain politically neutral.
• Officers from the administrative, police and forest services are governed by the All India
Service (Conduct) Rules, 1968.
• Officers from the Indian Revenue Service, Indian Information Service, Indian Customs &
Central Excise Service, Indian Postal Service, Indian Audit & Accounts Service, etc. are
governed by the Central Civil Service (Conduct) Rules, 1964.

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• Some services like the Indian Railway Service have their own set of conduct rules, though Student Notes:
effectively they are all similar.
Some important and widely used/misused rules are:
• Rule 3(1), “every member of the service shall at all times maintain absolute integrity and
devotion to duty and shall do nothing which is unbecoming of a member of the service”.
• The rule is elaborated in a sub-section to say that every officer must maintain the following
– high ethical standards, integrity and honesty, political neutrality, promoting of the
principles of merit, fairness and impartiality in the discharge of duties, accountability and
transparency, responsiveness to the public, particularly to the weaker sections, and
courtesy and good behaviour with the public.
• According to Rule 7 of the AIS Conduct Rules, no member of the service can criticize any
policy or action of the central or state government on a radio broadcast, communication
over any public media, in any document, in any communication to the press, or in any
public utterance.
• Further, they are prohibited from saying anything “which has the effect of an adverse
criticism of any current or recent policy or action of the central government or a state
government” or “which is capable of embarrassing the relations between the central
government and any state government”.
4.1.1. Critique of the Rules
• No mention of values or Code of ethics: While the Central Government has issued conduct
rules for government employees known as Central Civil Services (Conduct) Rules 1964, it
does not lay down the values, which civil servants should follow or a code of ethics.
• Nature of the Rules: The rules are more in the nature of “do’s” and “don’ts”. The Conduct
Rules cover matters such as property transactions, acceptance of gifts, joining non-political
organizations and a host of other issues covering almost every activity, which a normal
individual undertakes.
• Restrictive in Nature: The rules are highly restrictive, seriously curtailing freedom of
operation of a government employee, couched in vague language and sometimes
impractical to follow.
• Primitive service rules for government employees: Shah Faesal, who was suspended for
tweeting against rape culture in the subcontinent, was accused of not “maintaining
absolute honesty and integrity in discharge of official duty and thus acted in a manner
unbecoming of public servant”.
• Golam Mohiuddin vs State of West Bengal, AIT 1964: In this case Calcutta high highlighted
the ambiguity inherent in the rules, leading to subjective satisfaction of the government or
disciplinary authority.
Recent disciplinary actions against bureaucrats under the Central Services Conduct Rules:
• The Department of Telecommunication (DoT) suspended Ashish Joshi, a 1992-batch Indian
Post and Telecommunication Accounts and Finance Service officer, for reportedly misusing
his official letterhead to file a complaint against Delhi MLA Kapil Mishra for uploading an
incendiary video online.
• The central government asked the West Bengal government to take action against five
officers from the Indian Police Service (IPS) for sharing the stage with Chief Minister
Mamata Banerjee, during her protest against the CBI. They allegedly violated conduct rules,
which prohibit officers from taking part in political protests.

4.2. Draft Public Service Bill 2006


In 2006 the Department of Personnel drafted a Public Service Bill which enumerated
fundamental values of Public Services, a Code of Ethics, a Management Code etc. with the
object of developing public services as a professional, politically neutral, merit based and

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accountable civil service. The main values by which the Public Servants shall be guided are as Student Notes:
follows:
• Allegiance to the Constitution and the law, democracy, nationalism, sovereignty, integrity of
India and the security of the nation;
• Function in apolitical manner;
• Act objectively, impartially, honestly, equitably, and in a fair and just manner;
• Act with integrity and in a courteous and just manner;
• Establish high standards, and ensure quality service, effective working and prompt decision
making;
• Be accountable for the decisions;
• Establish merit as the fundamental principle in employment, promotion and placements;
• Discharge functions with due regard to diversity of the nation/community and religion but
without discrimination of caste, community, religion, gender or class and duly protecting
the interest of poor, underprivileged and weaker sections;
• Provide honest, impartial and frank advice to political executive;
• Ensure that public money is used with utmost economy and care;
One problem with the draft bill was that it intended to fulfil too many objectives. Apart from
values and ethics, the Bill envisaged laying down principles of management of public services,
principles which should govern appointment to public services, performance indicators for
public services etc. With such wide ranging and diverse coverage of matters relating to service
matters, it is difficult to reach consensus and secure legislative approval. As such, the bill lapsed
for want of both political will and societal will.

4.3. Code of Conduct for Legislators


The Committee on Ethics of the Rajya Sabha and the Lok Sabha have drafted some guidelines
for the legislators of both the houses of the Parliament. Some of the common principles
include-
• Members must not do anything that brings disrepute to the Parliament and affects their
credibility.
• Members must utilize their position as Members of Parliament to advance general well-
being of the people.
• If Members are in possession of confidential information owing to their being Members of
Parliament or Members of Parliamentary Committees, they should not disclose such
information for advancing their personal interests.
• Members must keep uppermost in their mind the fundamental duties listed in Part-IV of
the Constitution.
• Members should maintain high standards of morality, dignity, decency and values in
public life.

4.4. Code of Conduct for Ministers


The Ministers of both the Union and State Governments have to follow ethical conduct based
on the following-
Before taking office-
According to the Representation of the People Act, 1951 a person before taking office as a
Minister, shall:
• disclose to the Prime Minister, or the Chief Minister, as the case may be, details of the
assets and liabilities, and of business interests, of himself and of members of his family.
• sever all connections, short of divesting himself of the ownership, with the conduct and
management of any business in which he was interested before his appointment as
Minister.

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After taking office- Student Notes:
So long as he remains in office, the Minister shall:
• furnish annually by the 31st March to the Prime Minister, or the Chief Minister, as the case
may be, a declaration regarding his assets and liabilities;
• refrain from buying from or selling to, the Government any immovable property except
where such property is compulsorily acquired by the Government in usual course;
• refrain from starting, or joining, any business;
• report the matter to the Prime Minister, or the Chief Minister as the case may be, if any
member of his family sets up, or joins in the conduct and management of, any other
business.
Apart from this, a minister should not accept valuable gifts except from close relatives, and he
or members of his family should not accept any gifts at all from any person with whom he may
have official dealings.

4.5. Code of Conduct for Judges


The Supreme Court of India in its Full Court Meeting held on May 7, 1997 unanimously adopted
a charter called the ‘Restatement of Values of Judicial Life’, generally known as the Code of
Conduct for judges. It includes the following-
• No member of his family, who is a member of the Bar, shall be permitted to use the
residence in which the Judge actually resides or other facilities for professional work.
• A Judge should practice a degree of aloofness consistent with the dignity of his office.
• A Judge shall not hear and decide a matter in which a member of his family, a close
relation or a friend is concerned.
• A Judge shall not enter into public debate or express his views in public on political
matters or on matters that are pending or are likely to arise for judicial determination.
• A Judge is expected to let his judgments speak for themselves. He shall not give interviews
to the media.
• A Judge shall not accept gifts or hospitality except from his family, close relations and
friends.
• A Judge shall not hear and decide a matter in which a company in which he holds shares is
concerned unless he has disclosed his interest and no objection to his hearing and deciding
the matter is raised.
• A Judge shall not speculate in shares, stocks or the like.

5. Code of Ethics and Code of Conduct


A code of ethics is an assembly of institutional guidelines used to reduce ethical vagueness.
Within an organization and serve as a means of reinforcing ethical conduct.

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Student Notes:

5.1. Purpose of Code of Ethics and Conduct


The codes are developed based not only on past organizational or individual experience, but
also based on actions that the organization wishes to prevent from ever occurring
Three main purposes that the codes of ethics serve, which are as following:
(a) Codes assure people outside the profession or organization that they can expect a degree
of uniformity as relates to expectation of performance and moral conduct from employees
of the profession or organization.
(b) Codes assure individuals within the organization or profession that they can rely upon
colleagues within the organization and profession to maintain a level of standards in
exchange for that individual conducting himself in adherence to the same principles upon
which the others are held.
(c) Codes serve as a notice that people outside of the organization or profession are not bound
by the code and, perhaps may be seen as adhering to lower standards pertaining to ethics.

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Student Notes:

5.2. Key Elements


The key elements of such a
Code are:
• Personal Responsibility
• Compliance with the Law
• Relations with the Public
• Limitations on the
Acceptance of Gifts,
Rewards, Hospitality and
Discounts
• Avoiding Conflicts of
Interest
• Limitations on Political
Activities
• Conduct in Money Matters
• Confidentiality and use of Official Information
• Use of Official Property and Services
• Private Purchases of Government Property by Employees
• Work Environment
While writing the code of ethics following things can be kept in mind;
(a) It should be written to a general audience
(b) It should be attainable
(c) It should be written in clear, yet specific language
(d) Follow a logical order

5.3. Importance of Code of Ethics


(a) Organization displays that it is willing to take responsibility for organizational ethics
(b) Serves as decision making guide and waiver of liability
(c) Reduces cognitive dissonance and stress associated with some decision-making processes.

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Student Notes:

5.4. Limitations of Code of Ethics


Code of Ethics, no matter how well intentioned may generate several limitations, some of which
are as following;
(a) A code of ethics cannot provide guidance for every individual in every situation.
(b) Ethical code will through guidelines helps ensures public trust but cannot be enforced
through criminal or civil code. It serves little to establish code of ethics that cannot be
defended in courts.
(c) Limited to the imagination of individuals. Behaviour cannot be guided by set of rules, it
must come from within the individuals and the organisations.
(d) Public service is a profession that must be governed by an inherent set of rules that do not
come from reading a specific code.

5.5. First Initiative for Code of Ethics- May 1997


The Department of Administrative Reforms of the Government of India had prepared a Code
of Ethics for public services, as part of an Action Plan for an Effective and Responsive
Government, which was presented in a conference of Chief Ministers presided by the Prime
Minister held in May 1997. The objective of the Code was to prescribe standards of integrity
and conduct that are to apply to public services. The salient features of the code are as follows:
• Assist the government: The public services should assist the government in formulating
and implementing policies and administering public services in the most effective way.
• To act with probity and integrity and in Public interest: Employees in public services should
uphold the rule of law and respect for human rights and act solely in public interest. They
must maintain the highest standards of probity and integrity.

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• Building Public Trust: They should conduct themselves in such manner that the public feels Student Notes:
that the decisions taken, or recommendations made by them are objective and transparent
and are not calculated to promote improper gains for the political party in power, for
themselves, or for any third party.
• Cooperation with the government: They should not seek to frustrate or undermine the
policies, decisions and action taken in public interest by Government by declining or
abstaining from action.
• When to approach the higher authority: Where an employee in public service has
reasonable grounds to believe that he or she is being required by superior authority to act
in a manner, which is illegal or against prescribed rules and regulations, he should decline to
implement the instructions. He will have the right to bring the fact to the notice of superior
authority.
• Conflict of Interest: Employees in public service should refrain from decisions; i) which are
calculated to benefit any particular person or party at the expense of the public interest; ii)
shall disclose any clash of interest when there is conflict between public interest and private
interest.
• Independence, Dignity and Impartiality: They should maintain their independence and
dignity and impartiality by not approaching politicians and outsiders in respect of service
matters or private benefits, and exercise peer pressure to dissuade those within their own
cadre who do so and to set in motion disciplinary proceedings against such persons.
• Accountability to Citizens:
o Employees in public services should be accessible to the people and practice
accountability to them in terms of quality of service, timeliness, courtesy, people
orientation, and readiness to encourage participation and form partnership with
citizen groups for responsive government.
o They should be consistent, equitable and honest in their treatment of the members of
the public.
o They should accept obligation to recognize and enforce citizen’s right for speedy
redressal of their grievance.
• Financial prudence: They should have concern for public assets and funds, avoid wastage
and extravagance and ensure effective and efficient use of public money within their
control.
• Non- abuse of official position: Employees in public services have a responsibility to take
decisions on merits, as they are in a position of trust, they must not use their official
position to influence any person to enter into financial or other arrangements with them or
anyone else.
The code also deals with issues such as: public comment, release of official information,
integrative role of public services and continuous improvement through professionalism and
teamwork.

5.6. Second ARC Recommendations with respect to Code of


Conduct and Code of Ethics
• Civil Service Values which all public servants should aspire, should be defined and made
applicable to all tiers of government and parastatal organizations.
• Any transgression of these values should be treated as misconduct, inviting punishment”
• In order to create a regime under which quick disciplinary action can be taken against
delinquent Government servants, the ARC has recommended deletion of Article 311 of the
Constitution, with a proviso that legislation under article 309 be made to protect public
servants against arbitrary action.
• The Commission has also suggested certain measures to protect honest Civil Servants
against malicious complaints.

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• The ARC in its 10th Report on Personnel Administration has re-emphasized the need for Student Notes:
prescribing Civil Service Values and laying down a Code of Ethics.
• The Code of Ethics should include: integrity, impartiality, commitment to public service,
open accountability, devotion to duty and exemplary behaviour.

6. Strengthening of Ethical and Moral Values in


Governance
The discontent with respect to bureaucracy has shown a sharp rise in recent past. There have
been protests to oppose the glaring fall in the ethical conduct of the public servants. Not
surprisingly, there is a great deal of skepticism concerning the morality of governmental action
and the ethics of its officials, and unless public trust and confidence are restored, moral
government will remain a distant dream.
That restoration will depend upon how public officials are able to demonstrate the highest
standards of ethics and responsibility in the use of the power entrusted to them. Towards this,
'they (the elected as well as appointed public servants) will need to reinforce their sense of
mission to serve the public, by acknowledging the place of administrative theology, and by
acquiring the necessary education and training in public service ethics and responsibility

6.1. General Strategies to Strengthen ethical and Moral Values


• There is a need to resurrect the concept of service and vocation so that a public
administrator can rise above individualistic leanings and become a true 'public servant'.
Exemplary action against improprieties and malfeasance committed by either the elected
or appointed officials would have a salutary effect on the morale of all concerned, including
the public.
• The exercise of discretion should serve the public interest. A public official should push
back bounds on rationality so that deliberation may take place, provide truthfulness in the
discharge of official responsibilities, demonstrate procedural respect, exercise restraints
on the means chosen to accomplish organizational ends.
• Education and training in virtue and morality are prerequisites to holding a public office
• By demonstrating the highest standards of personal integrity, honesty, fairness and
justice, which are the key ingredients of a moral government, public officials can inspire
public confidence and trust.
• Public servants should be aware of the conduct expected of them, not only by the state
which employs them, but also by the public. A set of principles and guidelines with the
force of law should be developed, and an office be established for enforcement and
resolution of conflicts.

6.2. Specific Strategies to be Considered


• Effective laws: Which require civil servants to give reasons for their official decisions.
• New Management approaches: To encourage all public officials and civil servants to deal
positively with corruption and unethical practice when encountered.
• Strengthening the Whistle Blower Protection Regime: Whistle-blower’ protection law to
protect appropriate 'public interest disclosures' of wrongdoing by officials.
• Ethics audits: To identify risks to the integrity of the most important processes.
• New Human Resource Management strategies (which link, for example, ethical
performance with entry and advancement, and ethical ‘under-performance’ with
disciplinary processes), merit-based promotion and recruitment, anti-discrimination
protections.
• Training and development in the content and rationale of Ethics Codes, the application of
ethical management principles, the proper use of official power, and the requirements of

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professional responsibility. Effective external and internal complaint and redress Student Notes:
procedures.
• Developing administrative practices and processes which promote ethical values and
integrity: The system should promote role models and incorporate the process of
disseminating best practices and exemplary actions of civil servants to the entire
bureaucracy. Also, performance assessment systems have to be renewed in line with
growing scope of innovation in civil services.
• New techniques need to be undertaken to institutionalize ethically competent decision
making, disinterested advice to Government, and, ultimately, an ‘ethical culture’ which
supports professional responsibility, self-discipline, and support for the rule of law;
• Second ARC recommendation: In Its wide-ranging recommendations, it has suggested
partial state funding of elections; tightening of anti-defection law and code of ethics for
ministers, legislatures, judiciary and civil servants.
• To check corruption: Second ARC proposed tightening the provision of Prevention of
Corruption Act, making corrupt public servants liable for paying damages, confiscation of
property illegally acquired and speedy trials.

7. Way Forward
Moral administration does not mean that its officials exhibit only the negative obligations
such as to do no harm, to avoid injury or to keep out of trouble. On the contrary, the notion of
public sector ethics suggests that administrators actively undertake actions that are socially just
and moral. Only by actively pursuing the goals of social justice, equity and human dignity can
the officials and the state be moral and just.

8. Previous Years UPSC GS Mains Questions


1. What do you understand by the terms ‘governance’, ‘good governance’ and ‘ethical
governance’? (2016)
2. Discuss the Public Services Code as recommended by the 2nd Administrative Reforms
Commission. (2016)
3. Distinguish between “Code of ethics” and “Code of conduct” with suitable examples. (2018)
4. Explain the process of resolving ethical dilemmas in Public Administration. (2018)
5. Suppose the Government of India is thinking of constructing a dam in a mountain valley
bond by forests and inhabited by ethnic communities. What rational policy should it resort
to in dealing with unforeseen contingencies. (2018)

9. Previous Years UPSC Mains Questions: Case Studies


1. Suppose one of your close friends, who is also aspiring for civil services, comes to you for
discussing some of the issues related to ethical conduct in public service. He raises the
following points:
(i) In the present times, when unethical environment is quite prevalent, individual
attempts to stick to ethical principles may cause a lot of problems in one’s career. It
may also cause hardship to the family members as well as risk to one’s life. Why should
we not be pragmatic and follow the path of least resistance, and be happy with doing
whatever good we can?
(ii) When so many people are adopting wrong means and are grossly harming the system,
what difference would it make if only a small minority tries to be ethical? They are
going to be rather ineffective and are bound to get frustrated.
(iii) If we become fussy about ethical considerations, will it not hamper the economic
progress of our country? After all, in the present age of high competition, we cannot
afford to be left behind in the race of development.
(iv) It is understandable that we should not get involved in grossly unethical practices, but
giving and accepting small gratifications and doing small favours increases everybody’s

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motivation. It also makes the system more efficient. What is wrong in adopting such Student Notes:
practices?
Critically analyze the above viewpoints. On the basis of this analysis, what will be your
advice to your friend?

10. Previous Years Vision IAS GS Mains Questions


1. The universal adoption of common good approach poses the ethical dilemma of
putting collective interests over and above the individual interests. Discuss with
examples.
Approach:
• Start with defining the concept of common good with examples.
• Discuss the ethical dilemma before the individual in dealing with challenges of
common good. Illustrate with some examples.
• Conclude.
Answer:
An individual entity- a person, a group, a community, a nation- may choose to act in a
manner which brings it maximum good. This good usually comes at a cost to another
individual entity. There are two ways to minimize the cost to other entities. Either all
act in a selfish manner and compete with each other to maximise their own benefits,
with no consideration of the cost to other; or, everyone may act in a harmonious
manner so that benefits are maximized for all together rather than one entity. This way,
the cost to all is borne by all, and hence everyone strives to minimize it while
maximizing benefits. However, the ethical dilemma here is what if the other entity
works to maximise its own benefits, rather than everyone’s? Hence, it becomes clear
that universal adoption of common good approach poses the dilemma- Am I/Are we
being left behind? Are others committed to common good just like me/us? Will
pursuing my self-interest bring more and quicker happiness to me, and so on.
According to John Rawls , the common good refers to "certain general conditions that
are equally to everyone's advantage." It is either what is shared and beneficial for all or
most members of a given community. Examples- Universal public health care system,
an effective system of public safety, an unpolluted natural environment etc.
Because such systems, institutions, and environments have a powerful impact on the
well-being of members of a society, virtually every social problem is linked to how well
these systems and institutions function.
Examples:
• Keeping the neighbourhood clean would require efforts of all households and if one
of them does not properly dispose it’s waste, others will be demotivated to keep it
clean.
• One set of people- forest dwellers- being made to bear the entire burden of
relocation for mining projects without getting any benefit in return.
• Richer people disproportionately contributing to pollution through their lifestyle
lessens the motivation of others to cut down on their emissions.
• Developed countries pursuing their interests in WTO at the cost of developing and
poor countries lessens the incentive to respect and abide by global rules, treaties.
Challenges of ensuring Common Good
No one can be easily excluded from the common good. This leads to following
challenges:

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• As Accountability can’t be fixed on a particular individual, everyone expects others Student Notes:
to contribute while he himself focuses on his individual interest.
• In the face of such pluralism, efforts to bring about the common good may lead to
adopting or promoting the views of some, while excluding others.
• Individuals can become "free riders" by taking the benefits the common good
provides while refusing to do their part.
• In the individualistic culture it is difficult to convince people that they should
sacrifice some of their freedom, personal goals, and self-interest, for the "common
good".
• For the sake of common good, particular individuals or groups may have to bear
costs higher than others.
Despite these issues, appeals to the common good ought not to be dismissed. For they
urge us to reflect on broad questions concerning the kind of society we want to become
and how we achieve that society. Through dialogue and discussion, others can be
persuaded to act in a manner which maximises common good.

2. What do you understand by ethical dilemma? Bring out some examples of ethical
dilemma often faced by civil servants.
Approach:
• Define ethical dilemma and briefly explain it.
• With examples, explain ethical dilemma often faced by civil servants.
• Conclude by suggesting ways to deal with ethical dilemmas.
Answer:
An ethical dilemma is a complex situation, that often involves conflict between moral
imperatives. Civil servants hold public positions and utilize resources to deliver public
services. In performing duties, they come across various situations when they have to
deal with equally important set of principles. They may face ethical dilemmas due to
lack of legal/policy clarity on the issues faced by them. Some examples of ethical
dilemmas faced by civil servants are as follows:
• Allocation of limited resources amidst demands by various beneficiaries, especially
in case of unclear guidelines i.e. matters which potentially influence a civil servant’s
ability to work in the public interest and represent all constituents equally and
fairly.
• Economic development versus its cost to the environment, for example,
construction of a dam in a tribal area, which would protect them from floods and
provide electricity but lead to displacement.
• Conflicts between personal life and professional life. For example, maintaining
balance between catering to family needs and working beyond office hours.
• Maintaining balance between secrecy and transparency. While protecting sensitive
information is necessary for security reasons, but at the same time, transparency is
essential to uphold the public servants accountable.
• Dilemmas involving the faithful execution of official duties. For example, the
decision to participate/be a part of say an appointment committee, interview board
etc, when a civil servant has a conflict of interest which prohibits his/her
participation.
• Dilemmas involving acting with integrity, for example, in cases where a civil servant
is offered a legally acceptable gift for doing his/her duty diligently, where there may
be a quid pro quo involved.

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In these situations, public servants should follow certain fundamental principles such as Student Notes:
democratic accountability, respect for the rule of law and the principle of legality,
professional integrity and responsiveness to civil society. Adopting these principles can
integrate the process of dealing with ethical dilemmas in public administration.

3. What is the difference between an acceptable business gift and a bribe? What kind of
norms and structures should an organization have in place to help its employees
avoid ethical dilemmas on such issues and make the right decision?
Answer:
Gift is something of value given without the expectation of return while bribe is
something of value given with the hope of a future influence or benefit. In the context
of contracting with the government, a ‘bribe’ is the offering, giving, receiving or
soliciting something of value for the purpose of influencing the actions of an official in
the discharge of his or her public or legal duties. In general, a ‘gift’ is something given
as a sign of friendship or appreciation. While it is generally accepted that gift giving
may enhance the prospect and image of a company, businesses must tread carefully as
corporate gift giving has several legal, ethical and practical questions attached to it.
Standard management tools are used to control bribery - internal monitoring,
monitoring suppliers, reports to Boards of Directors, use of compliance manuals,
whistle-blowing facilities, signatures of directors, training, periodic compliance, reviews
by managers, employee signatures, internal auditing, disciplinary action and active
communication. But there is a very fine line between business gift giving and bribing,
and it is seldom clear when the line is crossed. This fine line between a gift and a bribe
could be determined by using a 'test of disclosure with comfort'. If the business
manager or the public official can unhesitatingly acknowledge and justify the giving and
receiving of a gift and its size and nature in a public forum without any adverse impact
on the company's work and reputation then and only then it is a gift.
It is recognised that the giving and receiving of business gifts is an integral part of the
way in which some businesses operate. To steer clear of bribery but to maintain a
healthy gift-giving culture which is beneficial to business, companies must have clear
policies related to gift giving and receiving to steer clear of potential problems arising
out of gift-giving.
There are some suggestions for policy-making in this context:
• Workplace gift giving should ideally be prohibited or restricted.
• A clear guideline should be set for type and value of gifts the employees can accept
from outside entities and a policy to return should be there for any gift that falls
outside the set parameters.
• For giving gifts to suppliers and other outside entities, it would be important to
define who can receive a gift, along with ‘how these gifts are selected and
presented’ and also to cognizance of the gift policies of any company that is being
included in the list.
• The receipt or giving of modest gifts may be expensed in the normal way if paid for
by a group company.
• The giving or receipt of more lavish gifts must be approved by the person's
manager.
• The manager should ensure that an appropriate record is maintained.
• In cultures where the refusal of an expensive gift would give offence, such gifts
may be accepted on the basis that they will become the local company's property,
unless the managing director of the local company otherwise determines.
These kinds of norms and structures can help employees to avoid ethical dilemmas on
such issues.

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4. Explaining what an ethical dilemma is, discuss how it reflects not merely a choice Student Notes:
between competing interests and values but also a test of strength of one's character.
Approach:
• Explain briefly the meaning of ethical dilemma.
• Discuss how ethical dilemma tests one’s character.
• Conclude by suggesting ways to resolve an ethical conflict.
Answer:
It is easy to make a choice amongst actions where consequences are unambiguously
right or wrong. However, an ethical dilemma arises when there is ambiguity about
goodness or badness of an act. A situation where one has to take a decision between
moral imperatives, none of which is unambiguously acceptable or preferable is called
an ethical dilemma. It requires a choice between competing sets of principles in a
given, usually undesirable or perplexing situation. A person may find herself/himself in
ethical dilemmas in personal and professional life due to conflict of interest or conflict
between personal values and professional ethics; blurred or competing
accountabilities etc.
Ethical dilemma reflects not merely a choice between competing interests and values
but also a test of strength of one's character as:
• Resolving ethical dilemmas requires a robust framework of integrity. Often people
are required to act in public interest at the expense of personal interest, which
requires dedication and honesty and an ability to resist temptation for personal
gains.
• Similarly courage, humility, prudence, optimism and determination are necessary
character traits as regards resolving ethical dilemmas.
• A strong personal character provides for the ability to identify important issues,
determine priorities and sort out competing values.
• Ethical standards do not by themselves ensure ethical behavior. Personal integrity is
required to ensure ethically compliant behavior. For instance corruption is a direct
manifestation of failure of one’s ethics.
• Laws, rules and ethical standards, while guiding an individual in resolving ethical
dilemmas, are inherently incomplete to enable one to resolve the myriad conflicts
that arise in real life situations.
Ethical dilemmas can be resolved by adopting a justice approach, which holds that
decisions must be based on standards of equity, fairness, and impartiality. A personal
moral compass, fortitude and ability to take responsibility for actions are therefore
necessary to help one when faced with ethical dilemmas.

5. Income inequality, resource mismanagement and health hazards are some of the
negative consequences of globalization. In this context, what are some of the ethical
dilemmas that civil servants face today? How has the approach to handling these
undergone a change?
Approach:
• Explain the key ethical dilemmas that civil servants face due to the changes brought
by globalization.
• Then, talk about the difference in approach to handle the challenges and resolve
the ethical dilemmas.

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Answer: Student Notes:
The process of Globalization is associated with both benefits with increasing pace of
poverty reduction and high growth rates as well as drawbacks such as increasing
inequality and resource mismanagement. Globalization has impacted not just
economies but also politics, societies and cultures across the world. This has brought
new challenges for the civil services in the form of following ethical dilemmas.
Ethical dilemmas in era of Globalization
• In the era of globalisation, the role of the State has changed. Economic
liberalisation has led to – on one hand, the diminishing role of state and on the
other, increasing role of private sector. The basic objective of private enterprises—
maximizing profits—does not always coincide with broader social concerns. Therein
lies the ethical dilemma of civil servants of balancing these two priorities, profits –
for sustaining economic activities and addressing social concerns - as part of the
welfare state.
• Globalization has resulted in the marginalisation of a section of society who have
not been able to take advantage of the economic opportunities provided by
globalization. The ethical dilemma here is the need for showing empathy and
compassion in helping them while at the same time following the rule of law.
• Fast pace of globalisation is mainly driven by the rapid advancement of
communication technology. Civil servants too have had to adopt technology in
public administration even if they personally do not like it. The ethical dilemma
here is between the personal choice of status quo and professional demands for
infusing technology in day-to-day operations.
• Globalization era is also associated with increasing demands for transparency and
accountability. The ethical dilemma which civil servants face is judicious use of
discretionary power while at the same time upholding the principles of
transparency and accountability.
Handling these challenges and ethical dilemmas require a multi-pronged approach for
upholding the foundational values of civil services. Therefore, there has been change in
the approach in the following manner:
• Civil servants are shifting their orientation from being controllers to facilitators and
from being providers to enablers. This way the State can focus more on the social
sector while economic activities are left to the private sector.
• Values such as non-partisanship, empathy and compassion are now considered as
foundational values along with the traditional values of integrity, objectivity and
public service dedication.
• Civil servants are being equipped with the necessary skills and capabilities to
master new technologies and new styles of functioning. This will bring about an
attitudinal change required to adopt technology.
• Along with the code of conduct which may not be able to cover every possible
scenario, code of ethics is also being focused upon so as to guide the actions of civil
servants while acting under discretion.

6. Examine how the moral order of any society is based on the norms like honesty,
truthfulness, discipline, fairness, tolerance and justice, and therefore the code of
ethics has to be based on them.
Approach:
• Firstly, examine how the foundation of morality in a society is based on certain
norms

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• Then discuss why the code of conduct and ethics has to be rooted in moral order of Student Notes:
the society and thus ultimately based on the norms established.
Answer:
• Norms are largely social in their origin, sanctions and functions and are an
instrument of society as a whole for the guidance of individuals and groups.
• While the origin of social norms may lie in small, close knit groups, they often
spread well beyond the narrow boundaries of the original group to large
populations.
• Further, norms are not just a discovery or invention of the individual for his own
guidance. They are a social enterprise and seen as constraining behaviour.
• Though they make demands on the individuals, usually individuals themselves
become spokesmen of these demands, through what is called “internalization’.
• Once they are internalized, norms come to be seen gradually as central to the
production of social order and social coordination.
• Though they cannot be explained solely on the basis of functions that they
perform, it is indeed a fact that they fulfill important social functions, such as
welfare maximization.
• The common values and moral order of societies have come to be based on such
norms and they have guaranteed the orderly functioning and reproduction of the
social system of societies across the world.
• They have helped ensure that citizens are aware of not only their roles in society,
but also customs, common practices, power relations, economic exchanges, rules
for interpersonal interaction etc. This has helped people to function successfully in
society and maintain the moral order by making people learn and accept the
shared values of society, thus learning how to act in society.
• While certain norms like honesty, truthfulness, discipline, fairness, tolerance and
justice are universal to the extent that they shape the moral order of societies; the
interpretation of these can differ across societies, depending upon the type of
socio-cultural-economic-political system that the society has. This difference in
interpretation according to the desired goals of societies is one of the reasons for
difference in moral codes across societies. For instance, while equality and justice
are acceptable social norms across most societies, there may have different notions
of what they mean. In communist societies, achieving equality of outcome may be
desired, while in societies with different socio-political systems ensuring equality of
opportunity may be the desired goal.
• Social norms have also been the basis of the code of ethics for various professions.
• Code of ethics represents values collectively imposed on individuals by
organizations, professional associations, or political jurisdictions.
• Though discretions exercised in organizations, like the bureaucracy, are necessarily
broad, but it must be generally consistent with the wishes of the citizenry. The
range of possible decision options should be constrained by the will of the people
as expressed through the moral order of the society and various acceptable norms.
• Code of ethics and ethics legislation provides these broad constraints within which
the ethical conflicts and dilemmas that one faces are to be resolved. Such codes
and laws are however, only the formal statements of the moral minimum for a
political community.
• They also provide sanctions for professionals, including public servants, caught
stepping beyond the limits established by the citizenry through the moral order and
norms of the society. Fines, prison sentences, and administrative penalties for
misconduct are ways of establishing the right of the people to require that their
norms be respected and enforced.

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• Legal sanctions confront the whims, greed and self assertion of an irresponsible Student Notes:
professional with a reminder that he is employment is in a social context and that
the limits imposed by the society may not be transgressed.
• Hence a code of ethics should be based upon the norms, like the ones mentioned
above and confirm to the moral order of the society as these core values support
good governance and ensure the achievement of the highest possible standards.

7. Examine the contemporary relevance of Gandhiji's talisman as a means of resolving


ethical dilemmas in day to day life.
Approach:
• Highlight the key message of talisman (in brief) – ‘sarvodaya through antyodaya’.
• Explain how it can promote emotional intelligence in citizens and help them resolve
ethical dilemmas.
• Discuss its contemporary relevance for citizens, businesses and the Government.
Answer:
Gandhiji’s talisman– “whenever in doubt, think if the decision would empower or
marginalize the poorest?” provides an ethical test to judge everyday actions. It
champions the cause of ‘sarvodaya through antyodaya’ implying the welfare of all
through the weakest of the society which lies at the core of Indian Constitution.
It is a clarion call to the citizens to develop emotional intelligence so that they are in a
better position to assess the needs of fellow (vulnerable) citizens, and work towards
their upliftment through individual actions.
India of the 21st century is witnessing sectoral violence, socio-economic inequality, low
tolerance threshold and increasing consumerism. Global politics is witnessing
xenophobia, armed conflicts and multiple refugee crises. The talisman can hence be an
effective tool to evaluate the relevance of government policies, business priorities and
our daily actions on the society. All these entities can assess their actions in public as
well as private life against the talisman to ameliorate ethical dilemmas.
Applying the talisman to our daily lives invariably suggest the following:
• Government policies must necessarily focus on the vulnerable and marginalized
sections of the society even if it requires making special provision for such classes.
• At personal level, self-serving acts like tax evasion, littering in public places etc.
must be shunned. Derogatory practices in society like manual scavenging, caste-
based discrimination, exploitation of women and the poor, dowry, nepotism etc.
must be condemned in practice.
• At societal level, it encourages altruism, compassion and communal harmony
towards fellow human beings when encountered with negative vibes of hatred and
violence.
• Businesses and Industries should strive to reduce polluting activities, ensure
optimal working conditions and must honestly comply with social security
legislations. Further, it encourages business houses to go for Corporate Social
Responsibility for achieving greater inclusiveness in the society.
• Public servants should ensure transparency and integrity in implementation of
welfare provisions like PDS, MGNREGA, Old Age Pension Scheme etc. so that their
steps lead to swaraj in true sense.
Thus, Gandhiji’s talisman empowers us to judge our actions and is a timeless beacon of
inspiration for generations to come.

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8. Consider the case of a religiously orthodox couple in Wonderland. Their son is dying of Student Notes:
cancer and needs a bone marrow transplant. While the doctor is devoted to reducing
pain and preserving life, the parents refuse permission to let the doctor give the
necessary bone-marrow transplant. In their view faith alone does the healing and
moreover, permitting the treatment would endanger the child’s life because it would
issue from lack of faith. The doctor is dismissal of these ideas and puts off all
treatment until the parents agree for the transplant. While the clashes between these
two worldviews continue, the child dies. Should the parents now be tried by the law
for criminal neglect? Was the doctor also being stubborn and betraying weakness, or
is he just being a doctor? Has he violated his code of ethics too?
Answer:
1st Approach
The principle of autonomy is one of the four guiding principles of medical ethics, the
others being beneficence, non-malfeasance, and justice. It means that patients have the
right to decide what is done to their own bodies. For minors, it is the parents decide for
them. What happens when parents refuse a treatment that their child’s doctor
recommends?
While the faith of the parents should be respected, any possibility of a miraculous cure
based on their religious faith should be entirely left out of account. In the given case, it
was a near medical certainty that the child would die without treatment; and the only
effective treatment was probably a bone marrow transplant.
If the doctor believed that the parents were not acting in the child’s best interest, he
should have gone to the court and tried to convince the judge that the court should take
temporary custody of the child and allow the treatment. Another way for the doctor was
to try persuading the parents to accept medical care. He could have even discussed
passages from the holy books of various religions (and probably even theirs), which talk
about healing and even prayed with them, as a sign that he also respected their faith. He
could have made them believe that he was not opposed to their beliefs per se, and was
not negating the power of their God, and in fact was a part of it. In the process he could
have tried to balance their view on faith and science and told them to keep praying for
their child, while he gives him the requisite treatment. It was important that he tried to
appreciate their point of view, rather than dismissing it altogether.
In such a situation it was important to balance the practical obligations of providing
medical care while adhering to doctors’ ethical obligations to report such cases to the
police and the courts. To this limited extent the doctor violated his code of ethics and
abdicated his responsibilities. He was also being stubborn and betraying weakness.
The doctor’s decision on bone marrow transplant decision was made on the basis of
medical knowledge and experience, evidence and reason. Though by definition, a faith
based miracle defies medical science and all known experience and reason, it was
important that the parents be made to realize that they were simply engaging in child
neglect. Assuming that there are adequate laws on child neglect, the parents should be
tried and penalized in some way under the same.
However, it must also be kept in mind that even parents, who are blinded by religious
faith and miracles, love their children. They would have loved to have their child survive,
but they believed in healing with prayer. It is unlikely that they were harming the
interests of their child intentionally; it’s just that they had a strong faith that others don’t
share.
The doctor should not have made a rash decision when faced with a family refusing
medical care, despite how he felt about the family’s religious beliefs. If he would have

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23 www.visionias.in # 8468022022 ©Vision IAS
approached them in a more humanistic way and with compassion, compromise was Student Notes:
much more likely. Finding common ground with parents about religious views would
have helped in developing a compatible care plan and maybe saved the child. It was
important for the doctor to guard against his frustrations, which held him from working
with the family in saving the child.
Thus both the doctor as well as the parents has to share the blame for the child’s death.
While the doctor violated his code of ethics and was being irresponsible, the parents are
guilty of child neglect. Both could be tried and probably penalized in different ways.
2nd Approach
In this case we need to see the rights of child and parents to apply the principle of
autonomy because these rights vary with different cultural settings. So we need to
analyze above situation under different aspect of trusteeship and ownership. Under
ownership situation, it is observed that parents are best well-wisher of child and own
every decision on behalf of child. But trusteeship does not grants ownership to parents.
Here child is a responsibility of state and parents are care taker. Thus whether to initiate
any criminal proceedings against parents or not depends on law of that country.
But in case of doctor he surely has violated ethics of medical profession by putting of all
the treatment. He as a doctor needed to continue with the appropriate treatment of
child. To do nothing is a disservice both to the profession and to patient.

9. In spite of the existence of a Code of Conduct for public servants, its implementation
has been tardy and of limited success. Discuss. Further, suggest steps which could be
taken to improve the efficacy of the Code of Conduct. What role can Code of Ethics
play in reinforcing the Code of Conduct in public life?
Approach:
• Describe briefly code of conduct.
• Bring out the reasons for the limited impact the code of conduct.
• Suggest steps which could be taken to improve the efficacy of the Code of Conduct.
• Explain how code of ethics will help in improving efficiency of Code of conduct.
Answer:
Code of Conduct is a set of rules, standards, principles and values outlining the
expected behavior for the members of an organization. The purpose is to regulate the
conduct of members on various decisions and processes. Most of the public
organizations follow some code of conduct. These have been designed to
comprehensively cover almost all the situations in which public servants find
themselves. Yet, widespread corruption occurring is indicative that it has proved to be
ineffective. Following reasons can be attributed towards the minimal impact of code of
conduct in dealing with corruption in public life:
• Legally not binding: Not all the provisions of code of conduct are legally binding.
For example, only provisions of Central Civil Services (Conduct) Rules which are
violated under the Prevention of Corruption Act invite punishment. Else, their
enforcement boils down to departmental discretion. Similarly, Model Code of
Conduct by ECI is not legally enforceable and only its provisions violated under the
RPA attract punishment..
• Code of conduct has to be supported by strong accountability and transparency
mechanisms. This is still to be achieved.
• Poor awareness about the code of conduct among the public officials and public.
• Lack of proper training about dealing with situations amounting to conflict of
interest. As a result officials often fail to follow code of conduct.

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• Legal rules alone cannot ensure transparent and fair governance. What is needed is Student Notes:
self-regulation but there has been rapid erosion of values in public servants.
Following steps can be taken to enhance the effectiveness of Code of Conduct:
• The Code should be legally binding. Arbitrariness is against the Rule of Law and
hence, it should be eliminated. Every provision should unambiguously describe the
course of action that has to be taken in case of violation of the code.
• A comparative evaluation of effectiveness of code of conduct in public and business
organizations indicates that there has been considerable impact of the Code of
Conduct in business organizations. Hence, the methodology for implementation of
the code of conduct can be adopted and modified to suit public organizations.
• Certain practices in business organizations have resulted in employees identifying
themselves with the organization and its objectives. These best practices should be
adopted by public sector.
• Inculcation and rejuvenation of public service values at an early age and throughout
the career of employees should be done through activities and training.
• Code of conduct should be supported by service delivery standards and strong
accountability and transparency mechanisms to reign in corruption.
Code of ethics provides for the value system that public servants can look up to in times
of crisis and dilemma. A Code of Ethics creates a framework upon which all decisions
are made. This helps create a cohesive understanding of the boundaries within an
organization and the standards set for interacting with stakeholders. The ARC II
fervently pitched for Code of ethics and related reporting systems. Thus, it will be
complementary to Code of Conduct. However, values need institutional support to be
sustained. Hence, it’s important that Code of Conduct be made legally binding, with
penalty provisions. If both the codes are followed in letter and spirit, corruption and
misuse of public office will be curbed to great extent.

10. It is at the interface of public action and private interest that the need arises for
establishing not just a code of ethics but a code of conduct. In this context, highlight
the need for drafting a code of ethics as well as a code of conduct.
Approach:
• Discuss the need for regulating the conduct/behaviour of public servants.
• Explain the rationale behind having a separate code of conduct & code of ethics.
• Highlight the important differences between the two.
• Conclude by mention how both can be supplemented owing to similarity in their
objectives.
Answer:
It is imperative for a public service organization to conduct itself in ways that preserve
and enhance public trust and confidence in the integrity of government and its
institutions. In the case of public servants, the standards of behaviour must be more
stringent, because any person/organization that is privileged to guide the destiny of the
people must not only be ethical but must be seen to practice these ethical values.
However, any elaborate system of laws and rules cannot exhaustively account for all
situations especially when the ambit of discretion at the disposal of a public servant
widens. It is at this interface of public action and private interest that the need arises
for establishing not just a code of ethics but also a code of conduct.
A code of ethics covers broad guiding principles of good behavior and governance. They
act as a reminder for the members of an organization regarding broad moral standards

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e.g. maintaining integrity, ensuring transparency in functioning etc. They provide ethical Student Notes:
guidance in difficult or unclear situations.
However, it is not sufficient to have only a Code of ethics. Code of conduct is also
required , as code of conduct provides a list of acceptable and unacceptable behaviour
and action in a precise and unambiguous manner. The specific do's and don’ts such as
not accepting bribes, not giving out details on internal working of the organization to
the media etc. promote adherence. It makes public servants well aware of acts that are
wrong, recognize wrongdoing and actively prevent it. Hence, it introduces a mental
barrier into the minds of corrupt or potential miscreants against wrongdoing.
The need for having clear cut codes arises from the fact that civil servants as individuals
have their own principles to guide them. This may lead to discrepancies in actions from
individual to individual. Also, having a clearly formulated code leaves less scope for
interpretation and thus act as an objective tool to guide behaviour of civil servants.
Both the code of ethics and of conduct are interrelated. While CoE provides higher
principles to follow in performance of duty, a CoC provides specific set of guidelines,
derived from the higher principles. Codes of ethics can be used to revise the code of
conduct to cover behaviour or situation that is not already covered while code of
conduct helps in indirectly adhering to the code of ethics by setting standards against
which public servants can test their actions and eventually inculcate the habit of doing
the right thing for the right reasons. Thus, both serve to meet the same objectives and
supplement each other.

11. Ensuring that civil service values are recognised during the recruitment process and
ensured through a code of ethics after appointment is a necessary condition of
making the civil services an effective instrument of citizen centric governance.
Comment.
Approach:
• Briefly define code of ethics and civil service values.
• State the importance of recognizing civil services values during the recruitment
process of civil servants and its continuance thereafter through code of ethics.
• Assess whether it is an effective instrument of citizen-centric governance.
Answer:
Civil servants play a key role in nation building as they advise on and implement the
policies and programmes that have far reaching consequences. Since they are the
decision makers, it is pertinent that the power they exercise is fair and just. This has to
be ensured from within and externally. The internal value system of a person is largely
formed by the mid-twenties. As such, it is important that this be tested and recognised
during the recruitment process. Efforts must be made to ensure that not only the most
intelligent and hard-working but also the most ethical aspirants join civil services.
However, in order to take decisions that have far reaching consequences, merely
internal system of ethics is not sufficient. The institution of bureaucracy requires that
there also be an externally enforced code of conduct as well as general code of ethics
to ensure good governance.
Code of ethics is a set of guidelines issued by an organization to its workers and
management to help them conduct their actions in accordance with the primary values
and ethical standards of the organization. The fundamental tenets of a code of ethics
and values in civil services include integrity, empathy, objectivity, transparency,
professional competency, among others.

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Further issues such as red tapism, corruption, rigid attitude, pulls and pressures of Student Notes:
decision making involving discretion etc plague the efficiency of a Civil Servant during
his employment and hence the role of an ethical code of conduct becomes significant.
Attaining Citizen Centric Governance which includes grievance redressal mechanisms,
active citizens’ participation, accountability and maximization of citizen’s welfare, is an
important goal of civil services. Additionally, services should be provided effectively,
efficiently and equitably to all citizens. Certainly, this cannot be achieved without
adherence to civil service values.
In this context, it should be noted that there is no single code of ethics for Civil Servants
in India. However, there are several conduct rules such as the Central Civil Services
(Conduct) Rules, All India Services (Conduct) Rules etc., which prescribe allegiance to
the Constitution, apolitical functioning and objective decision-making. Several
nd
committees like the Santhanam Committee, Hota Committee, 2 ARC etc. have
recommended a code of ethics for Civil Services in India.

12. It is at the interface of public action and private interest that the need arises for
establishing not just a code of ethics but a code of conduct. In this context, highlight
the need for drafting a code of ethics as well as a code of conduct.
Approach:
• Discuss the need for regulating the conduct/behaviour of public servants.
• Explain the rationale behind having a separate code of conduct & code of ethics.
• Highlight the important differences between the two.
• Conclude by mention how both can be supplemented owing to similarity in their
objectives.
Answer:
It is imperative for a public service organization to conduct itself in ways that preserve
and enhance public trust and confidence in the integrity of government and its
institutions. In the case of public servants, the standards of behaviour must be more
stringent, because any person/organization that is privileged to guide the destiny of the
people must not only be ethical but must be seen to practice these ethical values.
However, any elaborate system of laws and rules cannot exhaustively account for all
situations especially when the ambit of discretion at the disposal of a public servant
widens. It is at this interface of public action and private interest that the need arises
for establishing not just a code of ethics but also a code of conduct.
A code of ethics covers broad guiding principles of good behavior and governance. They
act as a reminder for the members of an organization regarding broad moral standards
e.g. maintaining integrity, ensuring transparency in functioning etc. They provide ethical
guidance in difficult or unclear situations.
However, it is not sufficient to have only a Code of ethics. Code of conduct is also
required , as code of conduct provides a list of acceptable and unacceptable behaviour
and action in a precise and unambiguous manner. The specific do's and don’ts such as
not accepting bribes, not giving out details on internal working of the organization to
the media etc. promote adherence. It makes public servants well aware of acts that are
wrong, recognize wrongdoing and actively prevent it. Hence, it introduces a mental
barrier into the minds of corrupt or potential miscreants against wrongdoing.
The need for having clear cut codes arises from the fact that civil servants as individuals
have their own principles to guide them. This may lead to discrepancies in actions from

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individual to individual. Also, having a clearly formulated code leaves less scope for Student Notes:
interpretation and thus act as an objective tool to guide behaviour of civil servants.
Both the code of ethics and of conduct are interrelated. While CoE provides higher
principles to follow in performance of duty, a CoC provides specific set of guidelines,
derived from the higher principles. Codes of ethics can be used to revise the code of
conduct to cover behaviour or situation that is not already covered while code of
conduct helps in indirectly adhering to the code of ethics by setting standards against
which public servants can test their actions and eventually inculcate the habit of doing
the right thing for the right reasons. Thus, both serve to meet the same objectives and
supplement each other.

11. Previous Years Vision IAS GS Mains Questions: Case


Studies
1. A junior member of staff has just returned to work after taking special leave to care
for her elderly mother. For financial reasons she needs to work full-time. She has been
having difficulties arranging proper care for her mother, which has led her to miss
important team meetings (usually taking place at the beginning of each day) and to
leave the office early. She is very competent in her work but her absence is putting
pressure on her as well as her overworked colleagues. You being her manager are
aware that the flow of work is coming under pressure due to this. One of her male
colleagues is beginning to make comments such as “a woman’s place is in the home”,
and is undermining her at every opportunity, putting her under even greater stress.
How will you deal with the situation?
Answer:
Fundamental Principles
1. Integrity: You need to be fair to all those involved and act in a straightforward
manner.
2. Confidentiality: You have a duty of maintaining confidentiality to the staff involved.
3. Professional behaviour: How should you proceed so as not to discredit yourself,
your profession or the practice for which you work?
Identify Relevant Facts
Consider the firm’s policies and, with legal assistance if required, applicable laws and
regulations.
Identify affected parties
1. The Junior staff
2. You
3. The member staffs
4. The Male colleague and the HR
Who should be involved in the resolution?
Consider not just who you should involve but also why and when. Do you have access
to appropriate staff in HR? Can you consult someone in the office in whom you can
confide?
Possible Action
1. Check the relevant facts: Clarify staff procedures with the senior HR manager. Take
legal advice if required.

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2. Discuss the matter with the staff member: Suggest a more flexible approach to Student Notes:
team meetings – do these always have to be in the morning? Working from home
may be an option for the junior staff member, if possible.
3. Remind the male member of staff about proper conduct and how such behaviour
may amount to harassment and he might have to face legal problems along with
the chance of spoiling company’s reputation.
4. Throughout, you must be seen to be acting fairly: both towards the junior member
of staff, who is responsible for her mother’s care, and towards other members of
staff.

2. "The challenge of climate change presents the world with several fundamental ethical
dilemmas. From a global perspective, it presents the world with a collective action
problem: all countries have a collective interest in controlling global carbon emissions.
But each individual country also has incentives to over-consume in response to
societal demands for economic growth and prosperity. Developing nations faced with
these costs may encounter further challenges as the impact of climate change will
most likely fall disproportionally on the poor, thus also raising issues of fairness and
inequality. As an intergenerational problem, the consequences of actions taken by the
current generation will have the greatest impact on future generations. While it is
intuitive that the current generation has some ethical responsibility to leave an
inhabitable world to future generations, the extent of this obligation is less clear.
Answer the following questions in this regard:
(a) To what extent do humans have a moral responsibility to future generations that
are yet to be born?
(b) Do developed countries have a greater responsibility to take action and bear more
costs of controlling climate change than developing countries?"
Approach:
• Briefly introduce about the moral problem of climate change.
• With reasoning explain the extent of moral obligations of current generation to
future generation.
• Discuss about CBDR and explain the reasons why CBDR should be the way forward
in climate negotiations.
• Write a conclusion highlighting the future course of action.
Answer:
The fight against climate change is political, economic, socio-cultural and technological
but most importantly ethical/moral where humans as individuals and societies need to
limit their greed and selfishness and think about the future generations and their
survival.
a) We don't inherit the earth from our ancestors; we borrow it from our children.
The extent of moral responsibility of the present generation towards future
generations can be understood from following:
• We have to understand that once emitted a substantial proportion of
climate emissions typically remain in the atmosphere for hundreds of
years. This means that while the current generation benefits, the costs of
its actions will be borne by the future generations.
• Also, the benefits are comparatively modest for e.g., powerful vehicles,
but many of the projected costs are severe for e.g., severe flooding and
famine.

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• If we don’t tackle the issue of climate change as an issue of Student Notes:
intergenerational ethics, future generations will follow suit. They may feel
entitled to emit more, which can make matters even worse for their
successors.
• Happiness of future generations can be maximized by a reasonable
investment in the present.
Therefore, the Paris Summit, 2015 and SDGs highlighted the moral
responsibility of the present generation towards the future generations. Each
country came up with its INDCs (Intended Nationally Determined
Contributions) to owe such responsibility and leave the world a better place
than they inherited.
b) It is by and large accepted that developed countries ought to be held
responsible more for the current predicament of our world and therefore
need to do more to improve it. The United Nations recognises the CBDR
(Common but Differentiated Responsibilities) principle in the climate change
negotiations. It forms a key component of the Paris agreement as well.
Arguments supporting CBDR are as follows:
• Increase in CO2 and other GHGs in the Earth’s atmosphere are a result of fossil
fuel based industrial activity in the industrialized countries of the world. Those
least responsible for past emissions are likely to suffer the most serious impacts
of climate change.
• While developing countries like India and China are major GHG emitters, the
per capita consumption in these countries is very low compared to developed
countries.
• If developed countries do not make reductions in their emissions, there will be
a progressively smaller carbon space available to accommodate the
development needs of developing countries.
• Developing countries currently cannot sustain themselves without relying
heavily on fossil fuels. These countries face the challenge of food security,
housing, and employment along with global warming.
• Developing countries lack the finances or the technology to develop alternative
green technologies to sustain their economies. So, it is the moral responsibility
of the developed countries to provide financial and technological support to
developing nations.
The only way forward is a path of shared responsibilities where all stakeholders are
ready to fulfill their obligations, grow sustainably and provide a healthy and
habitable world to our future generations.
3. "You are representing India in an international bidding for oil exploration in a country.
Other, richer countries are also bidding for the project. You are sure that your bid of
exploration is better as well as cheaper than that of others, and that you will
definitely win the bid. A day before the auction, you come to know that other
countries are employing every means, including bribing the authorities for being
successful. Some of the officials of the home country have also contacted you and
made some demands in exchange for assurance of India winning the bid. You are
aware of the criticality of this bid in terms of domestic economic and strategic
implications. Based on above information, answer the following questions. (a) Specify
the ethical dilemma(s) that you face in this situation. (b) Do ethical concerns really
matter in international transactions or are they secondary to domestic interests? (c)
What will be your course of action in the above situation? Justify with merits and
demerits."

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Approach: Student Notes:
• Identify the ethical dilemmas that you face.
• Highlight the importance of ethical concerns in international transactions vis a vis
domestic interests.
• Then mention the course of action that you would follow. Justify it by taking into
account the merits and demerits of the decision.
Answer:
a) The situation in this case study presents the following ethical dilemma:
The dilemma is whether to pay the bribe vs being upright and avoid the temptation to
pay.
The former action may help India win the bid, but it will be an unethical course of
action and may spoil the image of the country in the long run when the truth comes
out in the public. It will also have adverse consequences for India’s relations with the
countries involved in bidding process. Moreover, this is inimical to a healthy
competition, level playing field and innovation. This action will also set a wrong
example to others. The action is not only unethical but also illegal as regards to Indian
laws. It may not bring in me a sense of accomplishment or content.
The latter course of action may lead to a possible defeat in the bidding process, setback
for my career and economic and strategic implications for the country. But it is the right
path to follow.
b) Advocates of national interest in international relations argue that national interests
are paramount. As Henry Kissinger has said- “there are no permanent ally or
permanent enemies, only interests are permanent”. These arguments are based on the
fact that the government of a county primarily works on the behalf of its citizens and
thus it is bound to uphold their interests. The political party in power has to face
general elections regularly and its report card of performance evaluates not only
domestic but international actions as well. Hence, national interest alone should be
paramount in international relations.
However, these arguments suffer from certain inconsistencies. If the national interest
alone is taken into account then wrong doings like colonization, regime change, arm
twisting of weaker nations etc. will be justified. Further, there exists a wide inequality
internationally and if strong nations justify their actions solely based on the national
interests than this gap will further widen. Moreover, the global commons will not
survive and sustainable development will remain a distant dream.
Thus, fairness, justice, apathy, sustainable development of whole world, equity etc. are
ethical principles which are as important as national interests and really matter in
international relations.
c) In such situation, I will pursue the following course of action:
a. Verifying, at my own level, the correctness of information related to bribery
activities in the auctioning process.
b. Informing my seniors, seeking their advice as they might have faced similar
situation earlier.
c. Approach the head of the authorities handling the whole process of auction
and inform them about inconsistencies which has come to notice and demand
a fair and transparent bidding process.
d. If grievances are not addressed at that level then, after taking my seniors into
confidence, we can approach other higher authorities of home country like
judiciary for intervention.

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I will also demand that the officials involved in bribe-seeking activities must be Student Notes:
punished which will deter such malpractices in future. Those nations who are involved
in unfair practices must also be punished (by way of fines, blacklisting them or
cancelling their bids).
Justification of such course of action
In international transactions, sometimes unetical actions like bribery are also sought to
be justified in the name of national interest. However, on a closer look, such actions are
clearly against the national interests in reality. The revelation about involvement in
bribery would jeopardize the international relations of future generations of our
country.
Further, a single contract cannot be so important to our country that we sacrifice our
moral standards and higher values maintained for so long. Moreover, corruption can
never be the true foundation of prosperity. The gains obtained from it corrupt the
whole society.
By following the stated course of action, I will display faith in the governance of home
country, uphold our moral values and there will be higher chances of fair bidding
process. As India’s bid is better and cheaper, it will ensure India’s success. It will
generate the good will for our nation among the people of that country; set a right
example against corruption in international transaction. Overall, it will be a right step
towards the righteousness which we expect in international relations.

4. The steady decline in sex ratio suggests that marked improvement in the economy
and literacy rates do not seem to have had any impact on this index. In fact, the
availability of new technology and its easy access for the urban, wealthy and
educated have worsened the trend and harmed the status of women in Indian society.
(a) Explain why the phenomenon should not be simply viewed as a medical or legal
issue and more attention should be given to the ethical issues involved. (b) Give some
suggestions to tackle the problem of declining sex ratio. (c) Discuss the ethical
dilemma involved in Right to abortion vs. Prevention of female foeticide. How can this
be resolved?
Approach:
• Give a brief introduction of the case study
• Provide moral values and stakeholders involved in the given case study.
• Explain why the phenomenon must not be seen as medical or legal issue.
• Explain how declining sex ratio involves ethical issues.
• Provide some suggestions to tackle the problem.
• Discuss the ethical dilemma involved in right to abortion vs prevention of female
foeticide.
Answer:
In a large sample of population, biological probability suggests that distribution of male
and female children should be fairly equal. However, a continuously declining sex ration
suggests human interference to keep the sex-ratio adverse towards female. Use of
technology has only aided in this effort. Female feticide is indeed a blot on the society
who prays goddesses. The given case study highlights how the wealthy, educated,
urban people are misusing technology for selective sex abortion and have contributed
to declining sex ratio and have harmed status of women in the society.
The situation reflects patriarchal mindset and involves the unborn girl child, parents,
the government and the society at large, as stakeholders.

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(a) The phenomenon should not be simply viewed as medical or legal issue as it is not Student Notes:
only about the falling Maternal Mortality Rate (that increases due to such procedures
carried out by quacks) or about the lapses in the government to implement the laws
such as Pre-Natal Diagnostic Technique Act effectively. It is an issue of ethical concern
given the following reasons:
• Majority of the affected women are actually forced to go for such abortions
hampering their right to life and right to choose.
• Mother of a female child is blamed for her birth and miseries of the family. She is
cursed and ill-treated. Even prosperity of the family does not bring attitudinal
change towards the girl child reflecting gender bias in society
• The skewed sex ratio in the society gives birth to anti social behaviour and violence
such as rapes in case of but not limited to lack of marriageability and family
prospects. Thereby, decreasing values of respect towards women.
• The demand for sex workers may increase which may further give rise to human
trafficking as well as objectifying or commodifying women in terms of sexual
desires of men
• Technology which is for the betterment of humanity is being used to deprive the
right to life of an unborn being.
• It is also symbolic of the non-recognition of women’s contribution to society mostly
because of the non-monistic nature of their work.
(b) Suggestions to tackle the problem of declining sex ratio:
• Strict implementation of laws banning female foeticide and dowry, including fast
track courts to deliver on these cases
• Sensitisation of the public by mass awareness campaigns as well as Free and
compulsory education for girls
• National helpline number to rescue the would-be mothers
• Reservation for women in specific occupations as a temporary means to achieve an
attitudinal change.
• Moral education in schools and colleges to ensure inculcation of a sense of gender
equality among people.
Female foeticide should become a political, economic and reformist issue instead of
being just a social issue. The schemes such as Beti Bachao, Beti Padhao is a good start in
this direction
(c) In India, legally, abortion of a feotus not older than twelve weeks is allowed. This can
be extended up to 20 weeks if two medical practitioners authenticate that either
mother’s life is in danger or the foetus is seriously handicapped. Ethical dilemma
revolving around this are:
• If mother’s life is in danger, there should be no time limit on termination of
pregnancy (Supreme Court judgement). But then, it widens the scope for sex
determination and consequent sex selective abortions.
• In the garb of finding out disabilities in the foetus, sex of the child can be examined.
• The right to safe and legal abortion is an essential right of self-determination. Not
providing that right is to turn women into birth-machines, but how can it be
determined that the woman's choice is not forced.
• Right to abortion is 'Pro-Choice', while prevention of female foeticide is 'Pro-Life'.
• Right to abortion comes within realm of Right to Privacy but looking at the sexist
and patriarchal set up of Indian society, decisions about pregnancy are sometimes
out of the control of women.

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Since high number of women die due to unsafe abortions, so it must be legal, but the Student Notes:
Pre-Conception Pre-Natal Diagnostic Techniques Act should be implemented strictly.
There should be mandatory registration of pregnancies and all abortions should be
monitored. Reasonable criteria for abortion should be set and more stress should be
given upon contraception. Complicated abortions should be handled on case-to-case to
basis, monitored by the Medical Boards in government medical centres.
There is no ethical dilemma as far as choice between female feticide and right to
abortion is concerned. Former is criminal and unethical, while the latter is still a matter
of debate. The only dilemma arises whether one considers killing an embryo
(irrespective of sex) as an exercise of right to choose or an act of murder. Going
forward, this debate has to be resolved by societal discussion and evolving ethical
standards. But a right to choose cannot become a means for selective sex abortion.

Copyright © by Vision IAS


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system or transmitted in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise, without prior permission of Vision IAS

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PROBITY IN GOVERNANCE: CONCEPTS, Student Notes:

PRINCIPLES AND CHALLENGES


Contents
1. Probity: Definition and Overview ............................................................................................... 2
1.1. Philosophical Basis of Probity in Governance ..................................................................... 2
2. Need for Probity in Governance................................................................................................. 3
3. Principles of Probity ................................................................................................................... 4
4. Transparency: Definition and Overview ..................................................................................... 4
4.1. Transparency: A Pillar of Ethical Governance...................................................................... 5
4.2. Features of Transparent Governance .................................................................................. 6
4.2.1. Information Sharing ..................................................................................................... 6
4.2.2. Participative Governance ............................................................................................. 7
5. Accountability and Responsibility .............................................................................................. 8
5.1. Meaning of Accountability .................................................................................................. 8
5.2. Why is it needed? ................................................................................................................ 9
5.3. How can it be ensured?..................................................................................................... 10
5.4. Meaning of Responsibility ................................................................................................. 11
6. Challenge of Corruption ........................................................................................................... 12
6.1. Understanding Corruption: Unethical Basis ...................................................................... 13
6.2. Impacts of Corruption ....................................................................................................... 14
6.3. Corruption: Analysis and Indian Perspective .................................................................... 15
6.4. Ways to Tackle Corruption ................................................................................................ 17
6.5. Conclusion ......................................................................................................................... 19
7. Other challenges associated with Probity in Governance ....................................................... 19
8. Previous Years UPSC GS Mains Questions ................................................................................ 20
9. Previous Years UPSC Mains Questions: Case Studies ............................................................... 20
10. Previous Years Vision IAS GS Mains Questions ...................................................................... 21
11. Previous Years Vision IAS GS Mains Questions: Case Studies ................................................ 29

Copyright © by Vision IAS


All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording or
otherwise, without prior permission of Vision IAS.

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Note- This document shall cover the following sections from the syllabus- Student Notes:
• Probity in Governance- Philosophical Basis of Governance and Probity; Information Sharing
and Transparency in Government; Accountability and Ethical Governance; Challenges of
Corruption

1. Probity: Definition and Overview


Probity originates from the latin word ‘probitas’, meaning good. Probity is confirmed integrity.
It is usually regarded as being incorruptible. It is the quality of having strong moral principles
and strictly following them, such as honesty, uprightness, transparency and incorruptibility.
Probity in Governance is concerned with the propriety and character of various organs of the
government as to whether these uphold the procedural uprightness, regardless of the
individuals manning these institutions.
It involves adopting an ethical and transparent approach, allowing the process to withstand
scrutiny. Probity goes further than the avoidance of being dishonest because it is determined
by intangibles like personal and societal values.

1.1. Philosophical Basis of Probity in Governance


The gist of wisdom on administrative ethics is that the public administrators are guardians of
the administrative state. Two crucial questions raised in this context are-
Why should guardians be guarded? and Who guards the guardian?
Historical perspective:
The ethical concerns of governance have been emphasized broadly in Indian scriptures and
other treatises such as Ramayana, Mahabharata, Bhagvad Gita, Buddha Charita,
Arthashastra, Panchatantra, Manusmriti, Kural, Shukra Niti, Kadambari, Raja Tarangani, and
Hitopadesh. Chinese philosophers such as Lao Tse, Confucius and Mencius also contributed
the theoretical dogmas on ethical governance.
Perspective of various other philosophers:
Western Philosophy identifies 3 eminent school of ethics-
• First, inspired by Aristotle holds virtues (such as justice, charity and generosity) are
dispositions to act in ways that benefit the possessor of these virtues and the society that
he is a part.
• The second by Immanuel Kant, makes the concept of duty central to morality i.e. human
beings are bound, from knowledge of their duty as rational beings, to obey the categorical
imperative to respect other rational beings with whom they interact. Kant supposed that a
rigorous application of the same methods of reasoning would yield an equal success in
dealing with the problems of moral philosophy.
• The third being, the utilitarian standpoint that proclaims that the guiding principle of
conduct should be the greatest happiness (or benefit) of the greatest number.
Utilitarianism is a theory in normative ethics maintained that the moral action is the one
that maximizes utility. Utilitarianism is a form of consequentialism, which implies that the
“end justifies the means”.
Another philosopher who developed ethical theory of governance was David Hume. Hume
upholds that moral distinctions are derived from feelings of pleasure and pain of a special sort,
and not as held by many Western philosophers since Socrates from reason. Working from the
empiricist principle that the mind is essentially passive, Hume claims that reason by itself can
never prevent or produce any action or affection. But since morals concerns actions and
affections, it cannot be based on reason.

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In recent times the movement of good governance initiated by World Bank in 1992 broadly Student Notes:
lays down stress on ethical and moral conduct of administrators.

2. Need for Probity in Governance


In a democracy, probity espouses the principles of equality before law and a respect for the
rights and duties of leaders towards their citizens. Conversely, probity is a societal expectation
which citizens demand from decision makers and all those who function as a part of the state’s
apparatus.
It is a shared belief that the adoption of standards like “accountability”, “transparency” and
“responsiveness” will lead to clean and efficient governance. However, standards do not, by
themselves, ensure ethical behaviour: which requires a robust culture of integrity and probity
in public life. The crux of ethical behaviour does not lie only in standards, but in their
adoption in action and in issuing sanctions against their violation.
The need for probity in governance can be understood as follows:
• Legitimacy of the system: Foremost, it helps build up the legitimacy of the system, i.e. the
state. It builds trusts in the institutions of the
state and a belief that the actions of the state In this regard, the Scandinavian economist-
sociologist, Gunnar Myrdal in his book
will be for welfare of the beneficiaries.
‘Asian Drama’, describes India as a ‘soft
• Trust building through ethical outcomes: It society’. It is a society where there is a:
leads to prudent and ethical outcomes and • Lack of will to enact laws necessary
building of trust over time. for progress and development
• Objectivity: It provides for an objective and • Lack of will to implement even the
independent view on the fairness of the existing laws
process • Lack of discipline at all levels –
• Checks and balances: It helps in checking the including the administration and
abuse and misuse of power by various organs structures of governance
of government such as magistracy, police and
all other providers of public service e.g. PWD, health, education, etc.
• Equitable and sustainable development: It is an essential and vital requirement for an
efficient and effective system of governance and for socio-economic development.
• To serve the constitutional cause: Probity in Governance is required to serve the motto of
Constitution. i.e. to provide Social, Political and economic justice to all. It enhances faith in
the governance.
• Reduced politicization of bureaucracy: It helps address nepotism, Favoritism, Political
partisanship. Public reposes more trust in governance and therefore it facilitates
participatory governance. It leads to avoidance of sub-optimal outcomes, corruption and
poor perception.
The famous economist Mehboob-Ul-Haq, remarked that corruption existed everywhere but it
is a greater cause of worry in South Asia because it is exploitative and feeds on the helpless
poor citizen.
Though instilling a sense of morality in the people and its representatives is a long-term
process which needs an immediate attention, some legislatives measures can be designed with
an utmost urgency to ensure probity in governance.
According to the National Commission to Review the working of Constitution’s (NCRWC,
2002) report on ‘Probity in governance’:
• ‘An important requisite for ensuring probity in governance is absence of corruption. The
other requirements are effective laws, rules and regulations governing every aspect of
public life and, more important, an effective and fair implementation of those laws, etc.

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• The NCRWC made suggestions on ways to enforce probity in governance, specifically on Student Notes:
legal and procedural aspects to control the menace of corruption.
Thus, Probity in governance is an essential and vital requirement for an efficient and effective
system of governance and for socio economic development.

3. Principles of Probity
While the doctrine and the principles of probity are clear and well defined, giving a concrete
shape to implement them is the task of the government.

4. Transparency: Definition and Overview


Transparency has been defined by the Second Administrative Reforms Commission as, the
‘availability of information to the general public and clarity about functioning of governmental
institutions.’
Further, Vishwanath and Kaufmann (1999) have defined transparency as the “increased flow
of timely and reliable information, which is accessible to all relevant stakeholders”. This
perspective emphasizes not only the availability of information, but also its reliability and
accessibility.
It is not a new concept as shown in the timeline depicting the evolution of ‘transparency and
right to information’ which can be charted out as follows:

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• Resolution 59 of the UN General Assembly adopted in 1946 recognised Freedom of Student Notes:
Information an integral part of the fundamental right of freedom of expression.
• International Covenant on Civil and Political Rights (1966) and the American Convention
on Human Rights (1969) also recognized the Right to Information in one way or the other.
• Supreme Court Case in Mr. Kulwal v/s Jaipur Municipal Corporation, 1982 emphasized
that without Right to Information, the freedom of speech and expression cannot be fully
used by the citizens.
• MKSS (Mazdoor Kisan Shakti Sangathan), a grassroots organization led by activists Aruna
Roy and Nikhil Dey that started the movement of Right to Information regarding
development projects in rural Rajasthan
• NCPRI (National Campaign for People’s Right to Information),1959 was formed with an
objective of getting the legislation on Right to Information passed.
• Tamil Nadu was the first state to enact RTI legislation in 1997, Rajasthan enacted the Right
to Information Act in 2000
• The RTI Act 2005 overcame these lacunae and provided a legal framework for the working
of Right to Information
Why is Transparency and Information Sharing essential?
Transparency and information sharing form the two most important pillars of the good
governance in a mature democracy.
• Transparency and information sharing are key tools to build accountability and trust in
public offices. They are indispensable in the quest for good governance – be it timely
execution of projects, or fight against corruption or arbitrary exercise of power.
• These empower citizens, foster their participation in public affairs, strengthen
participatory democracy and usher in people centric governance.
• In transparent governance system, the criteria, procedures and systems of decision-making
are openly known to all. Information sharing is sine-qua-non for transparency.
• Further, transparency of information is also seen as significant for motivating citizens to
exercise ‘voice power’. Voice power is defined as the capacity of citizens to pressurize the
frontline officials in ensuring effective delivery of services. This voice power results in
greater accountability.
Therefore, we can say that in a broad sense, Transparency refers not only to the level of
openness, accessibility and reliability of information but also to style of functioning and the
priorities accorded by the government in policy making.

4.1. Transparency: A Pillar of Ethical Governance


It can be contended that transparency and accountability is the fundamental requirement for
preventing the abuse of power. It is necessary condition for ensuring that power is directed
towards the achievement of efficiency, effectiveness, responsiveness and transparency.
Open, transparent and accountable government is an imperative prerequisite for community-
oriented public service delivery because without it covert unethical behaviour will result.
Transparency is not just a means to fulfill certain functions but an end in itself. Belief in the
openness of government to regular inspection is so firmly ingrained in our collective
consciousness that transparency has innate value.

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Student Notes:

4.2. Features of Transparent Governance


Over time, India has made consistent efforts to imbibe Transparency in the government by
working on the following three focus areas:
• Right to information laws – to establish the constitutional/legal right for a citizen to access
the information that they want;
• Proactive transparency – to commit governments to publishing as much information as
possible in an accessible form;
• Open data approach – to enable all the stakeholders to reconfigure the government data
into inter-operable and accessible formats.
4.2.1. Information Sharing
Information sharing refers to the exchange of data among various governing bodies,
organizations and the general public. Access to information is a crucial, and perhaps the largest,
subset of it.
Indian Parliament has also institutionalized this right by legislating Right to Information Act
2005 which mandates timely response to citizen requests for government information (refer
later sections of this document for the detailed analysis of the RTI Act).
Further, parliamentary debates are televised in India, government audit reports are published
and the government positions on various policy issues are widely advertised through websites,
radio and social media. Most recently, the government has launched data.gov.in website to
promote Open Data Government (ODG).

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Student Notes:

4.2.2. Participative Governance


Participative governance is one of the means to achieve transparency in governance through
the bottom up approach (73rd and 74th Constitutional Amendment Acts, by giving
constitutional status to Panchayats and Urban Local bodies). It entails participation of people
in decision-making at the grass root level through decentralization of powers to the local self-
governing bodies.
Following are some other initiatives towards participative governance:
• Social Audit –It is a potent tool in the hands of citizens to monitor and evaluate the
working of various governance bodies. Initiated by the Mazdoor Kisan Shakti Sangathan
(MKSS) as ‘jansunwai’ (public hearing), in 1990s, now social audits have been made
mandatory in statutes such that the Mahatma Gandhi National Rural Employment
Guarantee Act. Such audits have increased citizen participation and have helped in
ensuring checks and balance in system. For instance, in Andhra Pradesh, state-wide social
audits found fraud of large amounts resulting in administrative or criminal charges
against nearly 7,000 officials. This has also ushered in environmental democracy and
governance.

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• Resident Welfare Associations –These include state-specific incentives to incorporate the Student Notes:
views of society or to devolve the decision-making power for basic civic functions to the
citizens. These initiatives have been applauded for their implementation and intent of
engaging common citizens to promote ‘janbhagidari’ (public participation).
• The Bhagidari scheme of the Delhi Government directly involves citizens through RWAs in
monthly meetings in order to mobilize the community to take responsibility for their
respective zones and areas. These RWAs are also the first point of contact for state utilities
while planning development-related and other changes.
• People’s Plan Campaign: (PPC) in Kerala was an experiment in decentralized planning
(1996). Local governments were required to make their own Five-Year Plans with direct
engagement of public. Adequate funds from the State’s development budget were also
devolved for the process. However, this scheme has since been scrapped.

5. Accountability and Responsibility


5.1. Meaning of Accountability
Accountability means making the public officials answerable for their behavior and responsive
to the entity from which they derive their authority. Holders of public office are accountable for
their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
Accountability also means establishing criteria to measure the performance of public officials,
as well as oversight mechanisms to ensure that standards are met.

Answerability refers to the obligation of the government, its agencies and public officials to
provide information about their decisions and actions and to justify them to the public and
those institutions of accountability tasked with providing oversight.
Enforcement suggests that the public or the institution responsible for accountability can
sanction the offending party or remedy the contravening behavior. As such, different
institutions of accountability might be responsible for either or both of these stages.
Accountability has little meaning without transparency. Without complete and correct
information in public domain, accountability will be of little value. Accountability is not merely
‘to whom’ and ‘how’, it is also ‘for what’. The ‘what’ aspect is provided through transparency.
This is the reason that transparency and accountability are mostly used in the same breath.

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Student Notes:

Institutions for extracting accountability of public servants for their action and inaction-
1. Head of the organization at the organizational level.
2. Departmental head at departmental level.
3. Concerned ministry at the ministerial level.
4. Parliamentary proceedings at the national level.
5. Public opinion at popular level.
6. Media and civil society at societal level.
7. Courts at judicial level.
There is thus both a routine accountability which is mostly departmental in nature and
externally enforced accountability which is assessed only when called into question.

5.2. Why is it needed?


Evaluating the ongoing effectiveness of public officials or public bodies ensures that they are
performing to their full potential, providing value for money in the provision of public services,
instilling confidence in the government and being responsive to the community they are meant
to be serving.
1. It prevents the public services from turning into tyrant as they are held answerable to their
deeds and mis-deeds.
2. Avoids conflict of interests-Setting accountability clearly demarcates area of one’s actions
where he or she is required to act.
3. The first and last beneficiary of public service is public, as the public services are required to
act in interest of public and they are answerable for their actions.
4. Promotes justice, equality, and egalitarianism because public servants are required to
realize these constitutional ideals and at the same time, they are answerable for their
actions.
5. It brings legitimacy to public services- Accountability promotes the loyalty to service as
actions are carefully calculated and keeps a check on arbitrary and ill-conceived actions and
policies.

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6. Be it fear of legal consequences or an outcome of one’s morality, owing accountability for Student Notes:
their actions motivates the public servants to discharge their duty with honesty, integrity
and efficiency.

5.3. How can it be ensured?


The accountability mechanisms in any country are broadly categorized as those that are located
within the State and those outside it. Accountability of the executive arm of government to
Parliament and to the citizens of the country is of course the fundamental feature of a
democracy.
Analysts have categorized these accountability mechanisms into “horizontal” accountability
mechanisms which refer to those located within the State as against ‘vertical’ accountability
mechanisms which are those outside the State and include the media, civil society and citizens.

Further, by promoting transparency, through effective implementation of RTI in full earnest,


especially the pro-active disclosure, then public officials would be more careful to function

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strictly according to the spirit of the law and constitution. Secondly, it would educate the Student Notes:
people about their rights, entitlements and how to question their fulfillment.
There should be capacity building of the stakeholders to question the public officials about
their discharging of official duties. For example, the concept of Social Audit under MGNREGA.
Also, effective implementation of laws like Prevention of Corruption Act should be ensured.
In India, constitutional and statutory bodies such as the office of the Comptroller & Auditor
General, the Election Commission, and the Central Vigilance Commission (CVC) are examples of
other oversight mechanisms that are autonomous but lie within the framework of the State. It
should be ensured that these bodies are strengthened and empowered in both letter and spirit.
An independent judiciary embodies the constitutional doctrine of separation of powers and is
another important element in the system of checks and balances that exists in any democratic
country. The independence and effective role of judiciary is crucial for upholding the rule of law
in India, thus various steps like Memorandum of Procedure, e-courts among other should be
promoted.
The final expression of accountability in a democracy is through the medium of periodic
elections which is an instrument for punishing and rewarding the Government of the day, and
therefore, serves as an ultimate instrument of accountability. The electoral reforms and
democratic maturity of people is the ultimate bulwark of accountability.

5.4. Meaning of Responsibility


It means accountability to oneself, i.e. when the accountability turns inward. It is a moral
concept, where a person feels the answerable to oneself for all his actions, even if it is not
covered by any law.
It is more enduring than accountability, because it is based on ethical reasoning, and the person
would always do the right thing, even if nobody is there to watch his action, as he holds himself
answerable to oneself. Here the person takes ownership of one’s actions and decisions.

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Though, these terms are used interchangeably, there is a subtle difference between the two. Student Notes:
Accountability makes the person accountable for the consequences of the actions or decisions
made by him/her. As against this, consequences are not necessarily attached to the
responsibility. Further, accountability requires a person to be liable and answerable for the
things, he/she does. Conversely, responsibility expects a person to be reliable and dependable
to complete the tasks assigned to him.

Responsibility is said to be attached with ethical maturity, therefore, to inculcate responsibility


we need to impart the moral, ethical values through training, role playing etc.

6. Challenge of Corruption
The word ‘corrupt’ is derived from the latin word corruptus, meaning ‘to break or destroy’.
One of the most persuasive definition given by the Word bank- “Corruption is the abuse of
public funds and or office for private or political gains.”
This confirms the contention that corruption is a failure of governance. Corruption is an
important manifestation of the failure of ethics.
There are majorly two types of Corruption: Coercive and Collaborative.
Coercive Corruption:
• Coercive Corruption is where a person is forced to give bribe to get a job done to which he
is otherwise entitled, such as getting a ration card, a driving license, a passport, an electric
connection, or sanction for constructing a building.
• Such corruption is endemic to how government carries out its routine activities such as
issue of license, permit, policing and revenue collection.
• Payments are generally of petty nature, to lower level inspectors, babus and clerks, and
payoff facilitates benefits to which one is otherwise legally entitled
Collaborative/ Big ticket Corruption:
• Collaborative Corruption is one involving high officials and ministers that often implicate
multinationals and large domestic firms, in which both parties gain substantial pecuniary
benefits, though the public is the ultimate loser.
• They mostly relate to mega-projects, large value contracts, concessions and other favors
and difficult to prove nexus, as both bribe giver and takers are beneficiaries.
The countries which are rated as ‘very corrupt’ have a high incidence of coercive corruption,
where corruption is institutionalized and citizens have to pay bribe for even basics.

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6.1. Understanding Corruption: Unethical Basis Student Notes:

The ethical and moral values of a person decrease with steep rise in power. A Person who has
absolute authority may misuse his position.
“Power tends to corrupt and absolute power corrupts absolutely”-Lord Acton
The focus on acts of corruption may mainly be placed 'before the act' by deontologists and
'after the act' by utilitarians.
Utilitarians maintain that people must act morally in ways that will produce the best
consequences.
Deontologists rely on adherence to certain rules in order to militate against acts of corruption.
Deontology as a rule-based normative ethical theory illuminates the moral dimension of
human activities, especially those that concern human obligations and responsibilities.
Deontologists see punishment for criminal deeds as a means of deterrence, whilst
utilitarianism views punishment from the retributive angle. Both these approaches demand
special attention in a study of corruption.

Honorable late President Abdul Kalam while terming corruption as a dreadful malady afflicting
the society observed that Erosion of Conscience and lack of righteousness arise from the
never-ending attitude of greed of ‘what can I take?’ rather than ‘What can I give?’. He further
added that Failure of inculcation of virtue ethics in individual character ethics,
work/professional ethics, parental ethics at all levels of society is a reason for increased
corrupt acts and laws not effective as deterrents.

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Student Notes:

6.2. Impacts of Corruption


Irrespective of the causes of corruption which may be economic, social, legal administrative
or political, and the logic given by some ‘pragmatic’ experts in favour of the short-term benefits
of speed money, corruption slowly and surely rots away the credentials of an administration,
person and even the society as a whole in the long term.
Recently, India has been ranked at the 80th position among 180 countries and territories in the
Corruption Perception Index (CPI) prepared by Transparency International.
Ethical:
• Corruption generates black money, which impacts development. Moreover, when the
corrupt gets scot free and prosper, it leads to the development of an unethical culture
wherein means may not necessarily justify the end. Corruption is considered as a given
and is no more abhorred.
• As a corollary to this honesty no more remains a virtue to vouch for and practiced. Once
a society accepts corruption as a given its journey to the abyss initiates.
• It sets in motion a cycle of vengeance wherein a person tries to make good the money he
loses out due to corruption by indulging in corrupt acts himself. For example, a
businessmen forced to pay bribery to an government official make up for the loss by selling
sub-standard products/services or by inflating their prices, which forces others to do the
same and in the long run everyone loses out including the corrupt government official as
he is the consumer of such products and services too, e.g. today it’s a challenge in India to
find unadulterated milk, paneer and other food items.
Political:
• Implications for democracy: EIU's Democracy Index, 2020 has placed India at 51st position
(out of 167 countries) and categorizes it as a flawed democracy citing erosion of civil
liberties primarily due to lingering issues of corruption and integrity. Corruption eats into
the vitals of an administrative setup thus threatening public faith in democracy itself.
• It leads to a general disinterest in political process and may even encourage the growth of
radical trends in marginalized communities, e.g. Naxalism

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Social: Student Notes:
• Corruption erodes trust in government and undermines the social contract. This is cause
for concern across the globe, but particularly in contexts of fragility and violence, as
corruption fuels and perpetuates the inequalities and discontent that lead to fragility,
violent extremism, and conflict.
• Honest are victimized and the competent / honest are not attracted to public services. It
impacts morale and generates a culture of lethargy, non-participation and lack of focus on
public-service delivery.
• Culture of lethargy (‘aaraam’ and ‘chalta hai’) leads to slow pace of development.
Economic:
• Cost overruns- Corrupt workforce is focused on self-aggrandizement than on finding
solutions to felt problems.
• Promotions / postings determined on the basis of criteria other than merit.
• Effectiveness of government programmes decline, impacts the quality of public
infrastructure.
• Corruption impedes investment, with consequent effects on growth and jobs. Countries
capable of confronting corruption use their human and financial resources more efficiently,
attract more investment, and grow more rapidly.
• Corruption has adverse effects on human development (indicated by HDI indicators), as
it’s both the cause of poverty and a barrier in reducing it.
• Corruption hurts the Poor the most, e.g. by fueling inflation, increases the cost of basic
services for common man, shifts government expenditure from priority areas to those
areas where rent seeking is greater.

6.3. Corruption: Analysis and Indian Perspective


It is often said that in India, corruption thrives because it is a low risk, high profit business.
There are so many safeguards and protection in the system in which a public servant operates
that it is very difficult to catch and punish an official indulging in corruption.
Some of the key observations that can be understood is as follows:
1. The weak legal framework for punitive action:
• Because of ill-defined policies, weak regulatory frameworks and large indiscretion
among ministers and high public officials, India has witnessed large cases of crony
capitalism that may derail the entire economy. E.g. The CBI alone has hundreds of
cases pending in various courts under the PCA, some of them as old as 25 years.
• However, the judicial process in India is slow and time-consuming. Cushions of safety
have been built in the legal system on the principles that everybody is innocent till
proved guilty. The legal provisions are exploited by the corrupt to escape punishment.
E.g. The conviction rate of criminal cases in India is hardly 6 per cent. The PCA, 1988
hardly serves as a deterrent.
• There is also a statutory bar that a public servant of the rank of Joint Secretary and
above can’t be prosecuted, without prior government permission; the government
often delays or prevaricates sanction, thus effectively barring trial of the guilty official.
2. Political Corruption: The Electoral Process and Reform:
• It is widely recognized that huge money required to fight elections is the foundation of
political corruption. Due to the vast geographical area of a constituency, with more
than two million voters in many cases, a candidate has to spend huge money to
contest the elections.

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• A good part of this money comes from business houses, who expect quid pro quo, in Student Notes:
the form of opportunities to make black money and other favors. There are several
other problems with our electoral system, such as flaws in the electoral rolls, lack of
voters’ education, booth capturing, and intimidation of voters.
• The most serious problem relates to persons with criminal background getting elected.
In 2004, 24% of members of Parliament (MPs) had criminal cases pending against
them. In 2009, that went up to 30%, in 2014 to 34%, and in 2019 as many as 43% of
MPs had criminal cases pending against them.
3. The economic policy and the controlled economy:
• License Permit Raj and The Rise of Corruption This regulatory regime gave
Monster: India adopted a socialist model of government extensive power of
economic development with the state occupying patronage, as also of delay and
commanding heights since the time Five Year Plans extortion. And they were fully
were launched in 1950s. This model of economic exploited by the politicians on
the pretext of raising party funds,
development led to the government doing almost
the bureaucrats had their own
everything and placing vast discretionary powers in share of the loot, and bribery
the hand of public officials in what has been called became a pervasive phenomenon
‘license permit Raj’. at all levels of the government.
• Bureaucratic Red-Tapism and Abetting Corruption: (S.S Gill, Former Civil Servant)
This has been highlighted suitably by Robert
Merton as, “When the rule becomes more important than the game itself”.
• While we have liberalized the economy, there has been practically no reform in archaic
rules, procedures and systems of delivering public
services. Departments such as police,
municipal corporations, land
• This has built in provision for delay and records, sales tax, income tax,
prevarication giving opportunity to officials to excise and customs are known to
indulge in corruption and harass the hapless be corrupt and even routine work
citizens. cannot be done without giving
• Over-regulation combined with a weak state bribe-
fosters corruption. Cumbersome rules that make (OP Tiwari’s analysis on
market entry difficult or impose costs on Corruption in India)
legitimate economic activity, if well-enforced, tend
to hamper growth because they create high barriers for new projects, investments and
entrepreneurial ventures, and this hurts economic activity.

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4. Rise of the Elites and the post liberalization Corruption: Student Notes:
• The mega corruption thrives because of a nexus between big business, politician and
bureaucrat as highlighted by Transparency International.
• Irrespective of coercion involved, the fact remains that bribery fosters a culture of
impunity and repeat corruption, undermines the functioning of public institutions
and fuels a perception that governments and bureaucracies are up for sale to the
highest bidder.
• Post-economic liberalization opportunity of corruption has increased many-fold due
to policies of privatization, public–private Combating Corruption.
• As per Global Financial Integrity, Deregulation and trade liberalization are the main
drivers of illicit flow of money abroad. (out of the illicit flow of USD 462 billion from
the country since 1948, 68 per cent occurred during the post-reform period of 1991–
2008)
5. MNC’s and Lobbying: Difference between Bribery and
Lobbying:
Lobbying means any activity of a group or individual Bribery is illegal because it prioritizes
with special interest designed to influence the personal gains over public interest
legislative or regulatory actions of a public authority. while lobbying without the use of
extortive and corrupt means further
Lobbying by MNCs in nexus with the incumbent erodes democratic ideals of
government is employed as means to further vested participation.
interests to get the clearances of projects, diversions,
bypassing of laws, land acquisition working in their favour.

Case Study: Kalikesh Narayan Singh Deo, a Lok Sabha MP from Orissa introduced a Private
Members Bill to regulate lobbying activities. The Bill required lobbyists to register themselves
and defined lobbying as communication with and payment to a public servant with the aim of
influencing a legislation or securing an award of a contract. Such a definition however blurs
the distinction between lobbying and bribery. It may even have the unintended consequence
of legitimizing bribery prohibited under the Prevention of Corruption Act, 1988.

6.4. Ways to Tackle Corruption


1. Ingrain ethical organizational culture through regular ethical training modules and
workshops:
The 2nd Administrative Reforms Commission states that poor organizational culture has
led to degradation of values and corruption in administration in India. Also, if the work of
the public servants is not driven by values oriented to public service, it may lose the trust,
confidence and respect of the people who rely on it.
Thus, an ethical organizational culture through regular ethical training modules,
workshops that encourages effective employee participation and transmission of positive
values must be employed that leads to better motivation and higher levels of self-esteem
for public servants.
Ethical and spiritual training sessions need to be organized in various training centers like
LBSNAA for ethical orientation of public officials to bring about an attitudinal change. Use
of Yoga and meditation for development of the inner self of the officials is required.
2. Strict adherence of Code of Conduct and Code of Ethics:
The code of conduct established for various officials needs to be backed by a Code of ethics
which needs to be imbibed internally by the officials. Code of conduct has its limitations
but code of ethics will help in imbibing values like courtesy to public, honesty and
dedication towards work, responsiveness towards needs of public. This will ensure that
there will be no need of coerce public officials to show ethical behaviour.

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3. Power of the people: Enlightened Citizens as part of the system Student Notes:
Citizens also need to undergo attitudinal change and must refrain from bribing officials
through ‘speed money’ to get their work done faster. They must be educated about the
social costs of corruption.
Similar ethical and spiritual training sessions could be organized by the government to
bring about this change. Lessons from the lives of great personalities like Swami
Vivekananda, Mahatma Gandhi, Pandit Jawaharlal Nehru should be propagated among
the masses so as to inspire them to live their lives according to the values followed by these
legends.
4. Effective implementation of Institutional measures:
Strict and evolved implementation of the accountability mechanisms be it effective laws,
mechanisms, procedures and tools in accordance with the changing dynamics of the
requirements of the society is crucial.
Bring together formal and informal processes (this means working with the government as
well as non-governmental groups) to change behavior and monitor progress will cut red-
tapism.
5. Power of Technology:
The ambition of digital government is to transform the analogue, paper-based, legacy
systems used to interact with citizens and make public services open, simple and citizen-
centric. Eg: E-auctions of Coal, telecom spectrum, digitization of services like passport,
DBT, cashless transactions etc.
Use of e-governance and ICT tools to build dynamic and continuous exchanges between
key stakeholders: government, citizens, business, civil society groups, media, academia
thus ensuring transparency and accountability in governance. For example: The Indian
Government’s Unique Identification Number AADHAR initiative of gathering biometric
and demographic data of all Indian residents and linking it with social benefits like public
distribution system entitlements is a good example to plug such leakages.
The Bhoomi online management, and delivery of land records in Karnataka need to be
replicated across other services with rigor.
6. Act globally and locally:
Corruption is a global problem that requires global solutions. Keep citizens engaged on
corruption at local, national, international and global levels – in line with the scale and
scope of corruption. Make use of the architecture that has been developed and the
platforms that exist for engagement. Eg: UN Anti-corruption working group and WB anti-
corruption initiatives
Some global success stories are:
• The success story of M-Pesa/M-Paisa in African countries and Afghanistan is widely
known. It not only made monetary transfers easier and more economical but also
fought corruption.
• Chile’s e-commerce public procurement system ChileCompra has gained immense
popularity around the world by bringing transparency in public spending.
Lastly, the fight against corruption must be turned into a mass movement like the way
Mahatma Gandhi turned the struggle for independence into a mass movement. We must
instill a sense of patriotism among the officials and larger public that by following an ethical
path they are contributing towards nation building. They must be given a sense of ownership
regarding the country they are living in and they should be made stakeholders in this process.

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This will ensure that not only corruption will be eradicated from the country and an ethical Student Notes:
perspective towards life will be inculcated among the people. It will also mark the coming of
the second independence and rebirth of our nation

6.5. Conclusion
If corruption levels in India are reduced to those in Scandinavian countries, GDP would
increase by 1.5% and investment would increase by 12%. If all overseas black money is
brought back, India can pay back its debt. As many philosophers like Rabbi Haim of
Romshishok have pointed out, the difference between heaven and hell lies in the fact whether
the people in a given society have empathy for and trust on each other. ‘Sanskritization of
corruption’ will only push our society towards a living hell.

7. Other challenges associated with Probity in Governance


Probity in governance is an essential and vital requirement for an efficient and effective system
of governance and for socio-economic development.
Some of the important issues/ challenges that hinders the path of ensuring probity in
governance is as discussed below:

• Lack of fair and effective implementation of laws: The other requirements are effective
laws, rules and regulations governing every aspect of public life and, more important, an
effective and fair implementation of those laws, etc. Indeed, a proper, fair and effective
enforcement of law is a facet of discipline.
• Colonial legacy: Due to ingrained culture of indiscipline resulting out of colonial legacy of
bureaucracy/executive functioning, that those in
authority can exercise power in an unchallenged Unfortunately for India, discipline is
way. This culture of impunity amounts to a culture disappearing fast from public life and
of indiscipline and untruth; morality, both public without discipline, as the
and private, is at a premium. Discipline implies inter Scandinavian economist- sociologist,
Gunnar Myrdal, has pointed out, no
alia public and private morality and a sense of
real progress is possible. While in the
honesty. West a man who rises to positions of
• Historical and social asymmetries of powers in higher authority develops greater
society: Nearly 90% of the people work in the respect for laws, the opposite is true
unorganized sector. Two thirds of the remaining in our country.
work in the organized sector having job security and
regular monthly wages and are employees of the state either directly or indirectly. Such
asymmetry of power reduces societal pressure to conform to ethical behaviour.
• Erosion of Values and Institutions: Gross perversion of the Constitution and democratic
institutions amounting to willful violation of the oath of office and this is so deeply
entrenched in the system that most people regard corruption as inevitable and any effort to
fight it as futile. This cynicism is spreading so fast that it bodes ill for our democratic system
itself.
Surveillance Society
Surveillance involves paying close and sustained attention to another person. The term encompasses not
only visual observation but also the scrutiny of all behaviour, speech, and actions. Prominent examples of
surveillance include surveillance cameras, wiretaps, GPS tracking, and Internet surveillance.
When this activity includes an entire or a substantial fraction of a population, it is said that there is a
normalisation of a surveillance society. The recent decision of the Government of Delhi to install CCTV
cameras in different parts of the capital has generated a debate on sanctity and normalisation of a
surveillance society.
Ethical Issues in Surveillance
• What are the areas and events when people do not mind being surveyed?
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demand more and more surveillance. o Whereas on the other hand, even a small intrusion in Student Notes:
our phone is resisted forcefully.
• What powers of surveillance states should have over their citizens?
o Can the state have a universal access and unlimited powers to survey a particular person, if it is
convinced of its efficacy? Or there has be a set of limitations on its use.
• What powers of surveillance private companies should have over clients?
o The companies in the guise of service delivery and research may be use misusing the data of
citizens. E.g. as revealed in the recent case of Facebook where the users personal data and
activity was leaked to other agencies.
• Which technologies should and shouldn’t be used?
o Today there are number of advanced technologies available which can intrude into the private
space of citizens, such as phone tapping, spyglasses etc. There needs to be a rationing of the
technologies available to the government agencies, which should be mandated by law.

8. Previous Years UPSC GS Mains Questions


2013
• The good of an individual is contained in the good of all. What do you understand by this
statement? How can this principle be implemented in public life?
2014
• What does ‘accountability’ mean in the context of public service? What measures can be
adopted to ensure individual and collective accountability of public servants?
• What do you understand by ‘probity’ in public life? What are the difficulties in practicing it
in the present times? How can these difficulties be overcome?
• It is often said that poverty leads to corruption. However, there is no dearth of instances
where affluent and powerful people indulge in corruption in a big way. What are the basic
causes of corruption among people? Support your answer with examples.
2016
• "Corruption causes misuse of government treasury, administrative inefficiency and
obstruction in the path of national development. " Discuss Kautilya's Views.
2018
• What is mean by public interest? What are the principles and procedures to be followed by
the civil servants in public interest?
2019
• What do you understand by probity in governance? Based on your understanding of the
term, suggest measures for ensuring probity in government.
• What are the basic principles of public life? Illustrate any three of these with suitable
examples.

9. Previous Years UPSC Mains Questions: Case Studies


1. You are the head of the Human Resources department of an organisation. One day one of
the workers died on duty. His family was demanding compensation. However, the company
denied compensation because it was revealed in investigation that he was drunk at the
time of the accident. The workers of the company went to strike demanding compensation
for the family of the deceased. The Chairman of the management board has asked for your
recommendation.
What recommendation would you provide the management?
Discuss the merits and demerits of each of the recommendations

2. In a modern democratic polity, there is a concept of political executive and permanent


executive elected people’s representatives forms the political executive and bureaucracy
forms the permanent executive. Ministers frame policy decisions and bureaucrats execute
these. In the initial decades after independence, relationship between the permanent
executives and the political executives were characterized by mutual understanding,

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respect, and cooperation, without encroaching upon each other’s domain. However, in the Student Notes:
subsequent decades the situation has changed. There are instances of the political
executive insisting upon the permanent executives to follow its agenda. Respect for an
appreciation of an upright bureaucrats has declined. There is an increasing tendency
among the political executive to get involved in routine administrative matters such as
transfers, posting etc. Under this scenario, there is a definitive trend towards ‘politicization
of bureaucracy’. The raising materialism and acquisitiveness in social life has also adversely
impacted upon the ethical values of both the permanent executive and the political
executive.
What are the consequences of this ‘politicization of bureaucracy? Discuss

10. Previous Years Vision IAS GS Mains Questions


1. Probity is an essential condition of good governance. Explain.
Approach:
• Define Probity.
• Provide arguments to bring out the significance of probity for good governance.
• Conclude answer.
Answer:
Probity is the quality of adhering to strong moral principles such as honesty and
integrity as well as uprightness, good character and decency. It is the act of following
the highest principles and ideals rather than merely avoiding corrupt or dishonest
conduct. It balances service to the community against the self-interest of individuals.
Probity and Good Governance
Governance is the act and manner of managing public office. A working paper of the
National Commission to Review the Working of the Constitution noted that probity in
governance is an essential and vital requirement for an efficient and effective system of
governance and for socio-economic development. While the constitution and laws
provide legal framework for governance, probity is part of the ethical framework that
determine the nature of governance and the relationship between the government and
the governed.
Probity is essential for good governance as it:
• Enhances the credibility of the state apparatus: Since probity is concerned with
procedures, processes and systems rather than outcomes, it ensures procedural
integrity of the institutions. Thus, efficient and effective system of governance leads
to socio-economic development.
• Ensures institutional integrity: Probity maintains ethicality and legality of
institutions regardless of the individuals manning them. It involves adopting an
ethical and transparent approach, allowing the process to withstand scrutiny.
• Minimizes individual discretions: Strict adherence to the highest moral standards
allows institutions as well as the individuals to deal with everyone impartially.
• Curbs corrupt behaviour: Aspects of probity such as - accountability and
transparency - prevents abuse of public resources or position in public life for
private gain.
• Upholds public confidence: Probity in governance preserves public confidence in
the government and governmental processes. It eases the way authority is
exercised by the public officials.
Creation of a strong moral framework in governance is essential for good governance.
However, procedural probity should not be at the cost of humane aspect of the

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administration. To ensure probity in public life, a robust culture of integrity and moral Student Notes:
standards needs to be cultivated.

2. What do you understand by the terms transparency and accountability in


administration? Bring out the relationship between the two.
Approach:
• Define and explain both transparency and accountability.
• Explain the relationship between transparency and accountability.
• Conclude appropriately.
Answer:
Transparency in administration means the availability of information in the public
domain as permissible under the law. It aims to bring about clarity in the functioning of
government institutions. It brings out clear communication on the process of decision-
making and the reasons taken without distorting facts i.e. sanctity of procedure should
be reflected in decision-making. For example, e-auction of any public procurement
project where all the details and parameters are made available in public domain.
Accountability in administration means the answerability of the decision makers for
their decisions and actions to the designated superior authority. It means they must
submit themselves to the scrutiny necessary to ensure this. Further, it also includes the
enforcement of the sanctions, if actions or justifications are judged unsatisfactory. For
e.g. the government is accountable to the Parliament for its various actions and
parliamentarians are accountable to their constituencies for their performance.
Relationship between transparency and accountability: 
Transparency and
accountability share a complementary relationship. On one hand, accountability
defines the type of transparency needed and on the other hand, the quality of
information decides the type of accountability possible. It can be seen as follows:
• Effect of transparency on accountability: If there is transparency in the working of
an authority, it will aid people to uphold accountability. For e.g the disclosure of
information under Right to Information Act, aids the citizens to uphold the
accountability of public officials.
• Effect of accountability on transparency: If there is an accountability mechanism in
place, it will force the public authority to maintain transparency in the decision-
making. For e.g. the audit and scrutiny conducted by the Comptroller and Auditor
General of India makes way for the departments and authorities to maintain
transparency in their record keeping.
To ensure a positive influence, transparency and accountability systems should be
designed to support each other. Both the concepts reinforce each other and contribute
towards good governance, rule of law and improving the citizen’s trust in the
government.

3. Examine the role of media in promoting probity in governance.


Approach:
• Define the term ‘probity in governance’.
• Assess the role of the media in ensuring probity in governance.
• Mention a few issues with the media and suggest a way forward.

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Answer: Student Notes:
Probity is the quality of having strong moral principles and strictly following them. It
includes principles such as - honesty, integrity, fairness, uprightness, transparency and
incorruptibility. Probity in Governance is concerned with the propriety and character of
various organs of the government as to whether these uphold the procedural
uprightness, regardless of the individuals manning these institutions. An important
requisite for ensuring probity in governance is absence of corruption. Media plays
following role in ensuring it:
• Transparency: Media is essential to safeguarding transparency of democratic
processes. This is often called its ‘watchdog’ role. For example, media presence at
voting and counting centres is critical to fair and transparent elections.
• Corruption: Investigative reporting by media or reporting of instances of
corruption may prompt public bodies to launch formal investigation into allegations
of corruption. For example, investigations into alleged mishandling of funds during
CWG games.
• Institutional Integrity: Media disseminate the findings of public anti-corruption
bodies, thus reinforcing the legitimacy of these bodies as well as insulating them
from undue pressures from vested interests. For example, bringing politicians to
account for violations of code of conduct during elections.
• Accountability: Sometimes, mere inquiries by journalists, in the absence of a story’s
publication or of conclusive proof of wrongdoing, can lead to a tangible response
from authorities eager to protect their reputations and those of the institutions
they represent.
• Participative democracy: It brings public concerns and voices into the open and
works to strengthen government responsiveness to various social problems
including corruption.
• Feedback mechanism: It can also expose flaws in policy, laws or regulation that
foster a climate ripe for corruption, thus creating pressure for reform.
• However, the role of media in ensuring probity is affected by several challenges
such as monopolization of media by powerful interests, lack of protection of
journalists who investigate corruption, inadequate press freedom, less media
accountability whereby profits take precedence over integrity, misuse of self-
regulation provisions etc.
For the media to effectively help in ensuring probity in governance, it needs to be
independent from governmental, political or economic control. As well as, media
should be pluralistic with the existence of the greatest possible number of newspapers,
periodicals and broadcasting stations. Such a media will reflect the widest possible
range of opinions within a community and play its role of the fourth pillar of democracy
in true form.

4. Explain the importance of probity in governance. What measures have been


undertaken for ensuring probity in governance in India?
Approach:
• Briefly explain the term probity.
• Discuss the importance of probity in governance.
• Mention the measures taken by government to ensure probity in governance.
Answer:
Probity is the quality of having strong moral principles and strictly following them. It
includes principles such as - honesty, integrity, uprightness, transparency and

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incorruptibility. Probity is confirmed integrity. It is usually regarded as being Student Notes:
incorruptible.
Probity in Governance is concerned with the propriety and character of various organs
of the government as to whether these uphold the procedural uprightness, regardless
of the individuals manning these institutions. It involves adopting an ethical and
transparent approach, allowing the process to withstand scrutiny. The objective of
having probity is that it ensures procedural integrity. It is concerned with processes,
procedures, and systems. It includes principles such as honesty, integrity, uprightness,
transparency and incorruptibility.
According to NCRCW, absence of corruption is a prerequisite for ensuring probity in
governance. The other requirements are effective laws, rules and regulations to govern
every aspect of public life and fair implementation of those laws. Probity in governance
ensures that the system remains transparent, accountable, responsive and open to
scrutiny.
Importance of probity in governance:
• It helps in building legitimacy of the state and trust in its institutions. It instills a
belief that actions of the state are for the welfare of the beneficiaries.
• It leads to prudent and ethical outcomes and building of trust over time.
• It leads to avoidance of sub-optimal outcomes, corruption and poor perception.
• It provides for an objective and independent view on the fairness of the process.
• It helps in checking abuse and misuse of power by various organs of the
government.
• It is vital for the efficient and effective system of governance and for socio-
economic development.
Measures taken by Government of India to ensure probity in governance are:
• Prevention of Corruption Act, 1988: The Act defines a public servant and crimes
which come within corruption/bribery.
o Amendments in 2018 included the act of offering gifts/bribes to the public
servants as punishable offence.
o It also amended the act to protect honest bureaucrats through bringing more
clarity on criminal misconduct and by making the prior sanction by competent
authority necessary before starting inquiry investigation against them.
• Right to Information Act, 2005: It helps the cause of probity in governance through
citizen activism. The 2nd ARC considers RTI as the master key to good governance.
• Whistle-blowers Protection Act, 2014: The act provides a mechanism for receiving
and inquiring into public interests disclosure against act of corruption, misuse of
power/discretion or criminal offences by public servants.
• Prohibition of Benami Property Transaction Act, 1988 and amendments in 2016:
Now, Benami transactions have been clearly defined, and confiscation of such
properties without payment of compensation has been established as law.
• Central Vigilance Commission: It advices government in matters related to
maintenance of integrity in administration.
• Lokpal and Lokayukta Act, 2013: It envisages an institution of ombudsman which
enquires into allegations of corruption against certain public functionaries and
matters related to them.
There must be a legislation to check misfeasance in public offices, confiscation of
illegally acquired assets by public servants, and a code of ethics for government. A
strong criminal judicial system is also required to ensure probity. As a society, one must
evolve to a level where probity becomes a way of life and honesty becomes a routine

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expectation. The value of integrity, impartiality and merit must become the guiding Student Notes:
principle to be followed by bureaucrats.

5. Transparency in government organisations is an essential pre-condition for good


governance. Elucidate.
Approach:
• Briefly define transparency and its role in a democracy.
• State the tools of transparency in India and discuss how they lead to objective
decision-making, increased efficiency etc.
• Mention the current issues regarding transparency in India.
• Conclude suitably.
Answer:
Transparency refers to the availability of information to the general public and clarity
about functioning of governmental institutions. Governance is the manner in which
decisions are taken and implemented, particularly by the lawful authority. ‘Good’
signifies that governance system adheres to certain well-accepted principles which
make the system of governance ethical, just and effective. Some of these principles
include adherence to rule of law, participation, accountability, transparency, equity,
efficiency & effectiveness and inclusivity.
Transparency as a tool for good-governance
• In a functional democracy, the government is obliged to keep its citizens informed.
This helps citizens to hold their public officials accountable, which is key to just and
good governance.
• As per the 2nd Administrative Reforms Commission, transparency in a democracy
allows bi-directional information flow, which allows citizens to participate in
governance.
• It empowers the citizens to demand and get information about public policies and
programmes, keep themselves informed about their rights as well as duties. Thus,
it promotes efficiency, effectiveness and responsiveness in public administration.
Tools for transparency
• In India, the Right to Information Act, 2005 (RTI Act), Lokpal and Lokayuktas Act,
2013, Citizen’s Charter, social audit, digitization of records, etc. are tools of
transparency and accountability.
• When the process of decision-making is transparent, decisions are taken
objectively in a fair manner. This ensures equality before law, just allocation of
resources, cutting down on discretionary and arbitrary decisions etc.
• It not only leads to increased transparency but also reduction in corruption. For
example, e-auctions of coal blocks by Coal India in 2018-19 made the auction
process more transparent and fetched 44% higher prices.
Despite these measures, India has not fared well on the global parameters related to
transparency in governance.
• According to Global Corruption Index, 2018 developed by Transparency
International corruption is all pervasive Indian administration. The index ranks
India 78 out of 180 countries.
• Despite its positive impacts, there are several issues in the implementation of the
RTI Act such as low level of awareness about the act especially among women,

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rural population, SC/ST/OBCs etc., procedural constraints in filing RTI applications, Student Notes:
poor quality of information, increased attacks on RTI activists etc.
• Institutions such as the judiciary, political parties etc. remain outside the purview
of the RTI Act, hence, it is difficult to monitor their functioning.
• Apathetic government officials who are secretive in their workings. This
undermines both transparency and accountability in public functioning.
Measures should be taken to improve transparency in government organizations,
accountability of public servants and involve more citizens in the governance process.
The government should proactively and voluntarily make information public as per
Section 4 of RTI act to promote transparency in governance. It will ensure just and good
governance.

6. Bring out the significance of probity in public life. What are the requisites for ensuring
probity in governance? Pointing out the key concerns in India in this context, suggest
certain remedial measures.
Approach:
• Define probity, with special focus on your own understanding.
• List what constitutes probity in governance and the relevant issues plaguing the
country in this context.
• Finally, provide a multipronged approach to remedy the issues.
Answer:
Probity can be defined as strict adherence to your moral principles based on
undeviating honesty and a quality of being incorruptible.
According to the Nolan Principles of Public Life, maintaining a high standard of probity
in public life means following the principles of selflessness, integrity, objectivity,
accountability, openness, honesty and leadership.
In the modern world, various areas of public life are plagued by corruption, dishonesty
and the lack of integrity.
Without these principles discipline cannot be maintained, which according to Gunnar
Myrdal is necessary for progress to be made. Corruption has an adverse impact on all
aspects of our lives, to tackle which probity in public life is a must.
To ensure probity in governance, absence of corruption is a must along with effective
institutions to oversee and enforce laws, rules and regulations which govern various
aspects of public life.
In this context the key concerns in India with regards to ensuring probity in governance
are:
• Despite laws being present to combat corruption, there is lack of will to enforce
them in letter and spirit.
• Deficiency in rule of law as there is asymmetry of power and information. This
opens channels for exploitation of dependents on state by those who form part of
the executive arm of the state.
• Acceptance of corruption as a necessary evil in large sections of the society.
• A culture of non-transparency in government which discourages attainment of
outcomes from outlays.
In order to remedy this situation, two-pronged approach:
From legal-administrative perspective, the following steps can be taken:

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• Enacting a comprehensive law to check mala fide actions of public servants. Student Notes:
• Providing a law for confiscation of illegally acquired assets of public servants.
• Strengthening the Whistle-blower Act to protect whistle-blowers.
• Implementation of RTI Act in letter and spirit.
• Strengthening the Institution of Lokpal
• Strengthening the criminal judicial system i.e. reforms in all aspects which include
police/investigating agency, the prosecuting agency, the advocates, witnesses and
finally the judiciary.
• Undertaking measures like social audit to promote social accountability
From a general perspective, we as a society need to impart value education at home
and school. As the children learn a lot from the elders, we need to be better role
models and citizens to ensure that the younger generation grow up to adopt probity in
public life.

7. While discretion is necessary for effective discharge of duties, it is also a major factor
responsible for corruption in administration at all levels. Comment. In this context,
suggest some ways in which smooth execution of responsibilities can be ascertained
while minimizing corruption.
Approach:
• First explain the meaning of discretion in administration.
• Then explain why discretion is required for effective discharge of duties.
• Explain how discretion could led to corruption.
• Finally explain measures to minimise corruption while ensuring smooth execution
of responsibility.
Answer:
Discretion means the power to decide or act according to one’s judgment. Indian law
grants some discretionary powers to administrative authorities. Such exercise is not to
be arbitrary, vague and fanciful, but legal and regular.
Discretionary powers bestowed on the administrative authorities are of a vast range.
Their power serve the purpose of simple ministerial tasks like maintenance of birth and
death register as well as those which seriously affect the rights of an individual, e.g.
acquisition of property, regulation of trade, industry or business, inquiry, seizer,
confiscation and destruction of property, detention of a person on subjective
satisfaction of an executive authority and many more. The list of their functions is
exhaustive in nature.
The problem of administrative discretion is complex. There has been a constant conflict
between the claims of the administration to an absolute discretion and the claims of
subjects to a reasonable exercise of it. Now a question is raised that how it can be
control.
It can be control with two types, first judicial and other one is non- judicial. There are so
many ways to control it.
Judicial Control
Judiciary must concentrate on two points. Firstly, it should direct the legislative that
they do not confer wide and unlimited discretion to executive. And other is that every
discretionary act must come under the power of judicial review. Judiciary can thus play
a good role to control abuse of discretionary powers.
Supreme Court of India in its various judgements has held that:

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• The administrative discretion should be used according to rules of reason and Student Notes:
justice and not according to private opinion, according to law and not humor.
• It is not to be arbitrary, vague and fanciful but legal and regular.
• It must be exercised within limit to which an honest man competent to the
discharge of his office ought to confine himself.
Non-judicial control
We must incorporate such rules which will be mandatory for the authority who will
exercise discretion to adhere to. If legislative is fails to maintain such norms in that
statute to control discretion, those norms must be incorporated by administration with
the help of delegated legislation. Mechanisms like code of conduct and code of ethics
ensure that self-discipline is observed while exercising discretion. Various institutions
like CVC, CBI, Lokpal etc. ensure that abuse of discretion is caught and punished which
acts as deterrent in the future.
Hence, through the above mechanism, abuse of discretion can be curbed while at the
same time flexibility is maintained while taking administrative decisions.

8. Open government is an even more comprehensive concept than transparency and


freedom of information. Elaborate.
Approach:
First, explain the concept of transparency. Then discuss the essential elements of open
government. The last part of the answer should focus on how open government is even
more comprehensive than transparency.
Answer:
Transparency is an essential feature of open government. Transparency means that
information about the activities of public bodies is created and is available to the public,
with limited exceptions, in a timely manner, in open data formats and without
restrictions on reuse. Transparency mechanisms must include the disclosure of
information in response to requests from the public and proactive publication by public
bodies. Key information about private bodies should be available either directly or via
public bodies.
But open government has two other essential elements. They are participation and
accountability. Participation means that the public can engage directly in the
consideration of policy options and decision making, and can contribute ideas and
evidence that lead to policies, laws, and decisions which best serve society and broad
democratic interests. Governments should actively seek to mobilize citizens to engage
in public debate. Mechanisms should exist which permit the public to participate at
their own initiative and to trigger policy debates on matters of concern.
An accountable government is one which makes itself answerable to the public,
upholding standards of behavior and integrity, and both explaining and taking
responsibility for its decisions and actions. Accountability requires that rules,
regulations and mechanisms be in place governing the exercise of public power and the
spending of public funds. Specific and detailed measures are required to reduce
corruption risks, to identify and prevent potential conflicts of interest, and to guard
against illicit enrichment. There should be protections for those who expose
wrongdoing.
Thus in an open government openness through transparency becomes a means to
greater civic participation in an enabled environment, where there is effective free flow
of information both ways to see through the working of government; and to verify

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whether or not public servants are meeting their obligation to expectations of citizen; Student Notes:
All four component of accountability i.e. answerability, sanction, redress and system
improvement ensure responsiveness of government and finally civic engagements in
the process of governance, in the form of people’s planning, participatory budgeting,
corruption watch by citizen audit etc. makes it (open government) the new democratic
culture of an open society toward which every liberal democracy is moving.

9. Ethics is the first line of defense against corruption while law enforcement is remedial
and reactive. Examine the statement with suitable examples.
Approach:
• Describe the importance of ethics and laws in preventing corruption.
• Elaborate the statement while taking a stand on it and justify with examples.
Answer:
Ethics refer to well-founded standards of right and wrong that prescribe what humans
ought to do, usually in terms of rights, obligations, fairness or specific virtues. Laws are
usually based on an ethical framework and aim to bring social order while controlling
the immoral or unethical behaviour of individuals in the society.
Laws act as an external set of standards and rules imposed on an individual by the
government. An individual disobeying the law is liable to face the prescribed penalties
and punishments and thus deter non-compliance. Laws have societal sanctions and
approvals and thus have an important role in smooth functioning of the society. The
fact that laws are grossly violated often by the wealthy and the powerful suggest a
fundamental lack of ethics in the society.
Ethics act as a moral compass in guiding an individual even when the law is silent on
the action which ought to be taken. A typical example is the role of an administrator
where discretion has to be exercised. Discretion provides ample opportunities for
corruption and a person with weak ethics may easily fall prey to money-making even at
the cost of society’s wellbeing. Therefore, ethics is the first line of defense, even if there
is no law on the subject.
As another example, a government may not frame laws to dictate whether a company
should make its products more environmentally safe or easier to recycle, but doing so
may be the ethical thing to do. But a responsible and ethically upright organisation will
consider these measures even in the absence of laws mandating the same.
Hence, it is ethics that act as a strong defence mechanism for all societies to prevent
corruption whereas laws are reactive and only a remedy. A permanent solution for
wiping corruption from its roots shall only come with the internalization and not from
the external forces. External mechanisms remain effective till they tend to have some
reward or punishments while inherited value system shall accompany lifelong.

11. Previous Years Vision IAS GS Mains Questions: Case


Studies
1. Sandhya recently completed her B. Com. and was extremely excited to be hired for her
dream job working for a Public Sector Bank. During her initial days, she began to
notice that funds from grants were being mismanaged and misallocated. Some of her
co-workers were also using bank property materials, including cars, for personal
business.
However, Sandhya was most shocked by the hiring practices she witnessed at the
office. Applicants to the jobs were supposed to take exams that were invigilated by
bank employees. Sandhya began to notice that the invigilators were allowing

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applicants to cheat on the tests because the applicants had already been chosen for Student Notes:
the job. Many of these pre-chosen applicants were friends of current employees.
Sandhya reported what she witnessed to Mahesh, the Branch Assistant Manager,
who was second-in-command to the Branch Manager. Mahesh told her, “You heard
nothing, you saw nothing, and you say nothing.” Sandhya was absolutely shocked;
not only by the corruption, but that it was deliberately being swept under the rug.
Sandhya I was in a dilemma. She really needed the job to pay off loans, and she loved
the actual content of the work she was doing. She was also concerned that it would
look bad to leave her first job out in less than a year, as well as tarnish future chances
to work in a government organization. On the other hand, she felt extremely
uncomfortable in her work environment due to the culture of corruption.
(a) What are the options available to Sandhya?
(b) Evaluate each of these options and choose the option you would adopt, giving
reasons.
Answer:
Sandhya is caught in a typical dilemma where she doesn’t want to leave the job but
cannot see such a work environment embroiled in corruption too.One should point out
how overlooking this matter would mean a lot of loss to public exchequer and
inefficiency in the working of the bank. As Sandhya was unsuccessful in her attempt to
bring out the matter to Mahesh, her approaching the Branch Manager to report the
issue seems the most appropriate option in such a situation.
Some of the options available to Sandhya are:
a) She can ignore the matter and proceed in her usual way as this does not impact her
directly and any action taken would adversely impact her personally
b) She should report the matter to Branch manager and bring to light how she was
told to keep the matter under wraps.
c) She can resign from the job as taking either of the first steps would not leave her
satisfied and in a comfortable situation
d) Become a whistleblower. She can bring the matter to the notice of someone in the
vigilance department overseeing the functioning of the bank as it is public money
after all that is being squandered through such activities.
Option a) As per the rights/duty, fairness and common based approach it is Sandhya’s
duty to uphold the integrity of the banking system. The money that is being
squandered away is public money and therefore any such activity is hurting the public
interest in the long term. Additionally, the faulty hiring practices would greatly impact
the working of the bank and bring down its efficiency and effectiveness further hurting
the interests of the public and the society at large. It would be unethical to ignore the
matter for the dire consequences it might have on the organization in future.
Even though ignoring the matter would save Sandhya from the trouble of getting into
any controversy and help save her job but as discussed above it would not be healthy in
the long run for either the organization or even Sandhya.
Option b) because of the following reasons: Virtue approach: integrity and honor are
two virtues that one should embody and help promote. One must ask myself what is
the highest state of character one can aspire to? One obviously recognizes the virtue of
honesty and merit. Likewise, one should push himself/herself to think about the values
one should live up to, those being integrity and promotion of merit in this particular
case. Therefore, the most appropriate option seems to reporting the matter to the
branch manager.
Option c) Resigning from the job does not seem a feasible option considering the fact
that Sandhya has to pay off her loan and any such action would not show well on her

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CV and have an adverse impact on her career. It would save Sandhya the trouble of Student Notes:
getting into any kind of problem with regards to the conscience but it would put her in
a great trouble as she would be out of job and would put her and her family’s livelihood
at stake. Morover, such an action would mean running away from the situation and
punishing oneself for the fault of others.
Option d) Even option D seems like a possible option but whistleblowing is a double
edged sword and should only be explored once all the possible options have been
exploited. It may be possible that if the matter is brought to branch manager’s
attention, he/she may take a strict action against those embroiled in such activities.
Proceeding to blow whistle on the matter without exploring this option may be taking
an action in haste and puts the reputation of the bank in a danger.

2. Big firms often undertake sub-contracting to complete large infrastructure projects in


a timely manner. You recently joined one such firm as a manager responsible for
awarding these contracts. Looking at the past records, you find that all contracts for
the past few years have been awarded to a particular firm, X. Your superior has asked
you to award an upcoming contract to the same firm. Although, not binding,
company procedure maintains that sub-contracting work should be offered after
competitive bids. This is to ensure that the firm most suitable for the project in terms
of operations and finance gets the contract. When you discuss this with your superior,
he insists that hiring of the firm X has been done as per legal norms of the company
and no official rule has been violated. You decide to contact the owner of the firm X.
After doing so, you realize that he is the nephew of your superior, who is also a
shareholder in the company.
(a) State the ethical issues involved in the case.
(b) Does this form of transaction between two private parties constitute a conflict of
interest? Justify.
(c) Evaluate the possible ways of awarding contracts in such a situation with their
merits and demerits. Also state which method would be more suitable in each.
Approach:
• State some of the ethical issues in the case.
• Evaluate if a situation of interest is generated due to the relationship of your
superior with the owner of firm X and the knowledge of the superior being a
shareholder in the company.
• Suggest ways of awarding contracts in the situation, along with their merits and
demerits.
• State your eventual course of action in this scenario.
Answer:
Basic Facts: In this situation, the company where I work is repeatedly sub-contracting
work to another private firm, X, without holding competitive bids, which should be
carried out according to company procedures. The case highlights the issue of conflict
of interest, as the owner of firm X is the nephew of my superior and is also a
shareholder of the firm.
Stakeholders:
• Myself, as I am the manager of the company, with the responsibility of awarding
contracts.
• My superior who is a shareholder of firm X as well as an employee of the company
where I work.
• Owner of firm X as the decisions made by our company affect his business interests.

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• Owners of other firms who vie for company contracts as they are not getting a fair Student Notes:
chance in the bidding process.
• Shareholders of the company who can suffer due to poor decisions.
• Consumers who will be affected by substandard infrastructure.
(a) Some of the ethical issues involved in this case are:
• Nepotism and compromise on professional integrity: Subcontracts are being
granted on the basis of personal relations, without competitive bids. Due to this,
there is no guarantee that the firm most suitable in terms of efficiency and
financial aspects gets the contracts.
• Lack of objectivity in decision-making: The interests of my superior and his
nephew are guiding the decision-making process of the company. There is
inherent subjective bias in this scenario.
• Legal vs Ethical: It may be legally correct but not ethical as no official rule of the
company has been violated, but, it goes against established company
procedure.
(b) Transaction between two private parties generates a conflict of interest since the
owner of firm X is the nephew of my superior, who has repeatedly directed that the
contract be awarded to firm X. Since my superior is also a shareholder in firm X, he is
invariably taking business decisions on the basis of personal relations and perceived
financial opportunities. He would not be affected much due to poor performance of the
company as his family is benefitting, but other shareholders and employees will be
affected. Thus, personal interests are directly in conflict with interest of shareholders.
Also, they are in conflict with the interest of consumers who expect quality
infrastructure.
(c) Possible ways of awarding contracts in such a situation are:
• Granting the contract to firm X as suggested by my superior.
• Merits: I will remain in good terms with him, may get quick promotion and
increment.
• Demerits: I will be unethical in my work conduct as a manager. I will also obstruct
competitive bidding and play a role in eschewing probable offers that could save
the company more money and get the work done more efficiently. I would be
compromising my integrity and commitment to interest of shareholders, colleagues
and consumers.
• Refuting my superior and revealing his interest in firm X, while simultaneously
organizing the competitive bid.
• Merits: I will follow company procedure and my professional integrity will be
upheld.
• Demerits: I will go directly against the order of my superior, who can hinder my
chances of promotion in the company. I will also violate the established work
hierarchy in the company.
• The most suitable action will be to talk to my superior about the generated conflict
of interest and argue in favour of holding competitive bids. However, if he still
refuses to acknowledge the gravity of the situation, I will approach the company
head/board regarding the issue. This will ensure that other managers and
subordinates are not in a similar position in the future. Meanwhile, I will also
accept competitive bid offers and award the contract to the firm most suitable for
the job. It will ensure my professional integrity and uphold the interest of all
stakeholders.

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3. You are representing India in an international bidding for oil exploration in a country. Student Notes:
Other, richer countries are also bidding for the project. You are sure that your bid of
exploration is better as well as cheaper than that of others, and that you will
definitely win the bid. A day before the auction, you come to know that other
countries are employing every means, including bribing the authorities for being
successful. Some of the officials of the home country have also contacted you and
made some demands in exchange for assurance of India winning the bid. You are
aware of the criticality of this bid in terms of domestic economic and strategic
implications.
Based on above information, answer the following questions.
(a) Specify the ethical dilemma(s) that you face in this situation.
(b) Do ethical concerns really matter in international transactions or are they
secondary to domestic interests?
(c) What will be your course of action in the above situation? Justify with merits and
demerits.
Approach:
• Identify the ethical dilemmas that you face.
• Highlight the importance of ethical concerns in international transactions vis a vis
domestic interests.
• Then mention the course of action that you would follow. Justify it by taking into
account the merits and demerits of the decision.
Answer:
a) The situation in this case study presents the following ethical dilemma:
The dilemma is whether to pay the bribe vs being upright and avoid the temptation to
pay.
The former action may help India win the bid, but it will be an unethical course of
action and may spoil the image of the country in the long run when the truth comes
out in the public. It will also have adverse consequences for India’s relations with the
countries involved in bidding process. Moreover, this is inimical to a healthy
competition, level playing field and innovation. This action will also set a wrong
example to others. The action is not only unethical but also illegal as regards to Indian
laws. It may not bring in me a sense of accomplishment or content.
The latter course of action may lead to a possible defeat in the bidding process, setback
for my career and economic and strategic implications for the country. But it is the right
path to follow.
b) Advocates of national interest in international relations argue that national interests
are paramount. As Henry Kissinger has said- “there are no permanent ally or
permanent enemies, only interests are permanent”. These arguments are based on the
fact that the government of a county primarily works on the behalf of its citizens and
thus it is bound to uphold their interests. The political party in power has to face
general elections regularly and its report card of performance evaluates not only
domestic but international actions as well. Hence, national interest alone should be
paramount in international relations.
However, these arguments suffer from certain inconsistencies. If the national interest
alone is taken into account then wrong doings like colonization, regime change, arm
twisting of weaker nations etc. will be justified. Further, there exists a wide inequality
internationally and if strong nations justify their actions solely based on the national
interests than this gap will further widen. Moreover, the global commons will not
survive and sustainable development will remain a distant dream.

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Thus, fairness, justice, apathy, sustainable development of whole world, equity etc. are Student Notes:
ethical principles which are as important as national interests and really matter in
international relations.
c) In such situation, I will pursue the following course of action:
a. Verifying, at my own level, the correctness of information related to bribery
activities in the auctioning process.
b. Informing my seniors, seeking their advice as they might have faced similar
situation earlier.
c. Approach the head of the authorities handling the whole process of auction
and inform them about inconsistencies which has come to notice and demand
a fair and transparent bidding process.
d. If grievances are not addressed at that level then, after taking my seniors into
confidence, we can approach other higher authorities of home country like
judiciary for intervention.
I will also demand that the officials involved in bribe-seeking activities must be
punished which will deter such malpractices in future. Those nations who are involved
in unfair practices must also be punished (by way of fines, blacklisting them or
cancelling their bids).
Justification of such course of action

In international transactions, sometimes unetical actions like bribery are also sought to
be justified in the name of national interest. However, on a closer look, such actions are
clearly against the national interests in reality. The revelation about involvement in
bribery would jeopardize the international relations of future generations of our
country.
Further, a single contract cannot be so important to our country that we sacrifice our
moral standards and higher values maintained for so long. Moreover, corruption can
never be the true foundation of prosperity. The gains obtained from it corrupt the
whole society.
By following the stated course of action, I will display faith in the governance of home
country, uphold our moral values and there will be higher chances of fair bidding
process. As India’s bid is better and cheaper, it will ensure India’s success. It will
generate the good will for our nation among the people of that country; set a right
example against corruption in international transaction. Overall, it will be a right step
towards the righteousness which we expect in international relations.

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Contents Student Notes:

1. Ethics and Human Interface ....................................................................................................... 2

2. Aptitude ................................................................................................................................... 12

3. Attitude and Behaviour ............................................................................................................ 30

4. Tolerance and Compassion towards the weaker-sections. ...................................................... 41

5. Foundational Values of Civil Services ....................................................................................... 52

6. Emotional Intelligence ............................................................................................................. 65

7. Ethics in Public Administration ................................................................................................. 76

8. Medical Ethics .......................................................................................................................... 93

9. Environmental Ethics .............................................................................................................. 107

10. Probity in Governance.......................................................................................................... 117

11. Ethical Issues in International Relations and Funding .......................................................... 126

12. Corporate Governance ......................................................................................................... 130

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1. Ethics and Human Interface Student Notes:

1. You are an officer in the Labour department. You went to your brother’s wedding and
saw that minors were employed by the wedding band company to carry their electric
instruments. You know that it is an unlawful activity and it is your responsibility to
take action against it. However, since it is a family wedding so they have asked you to
look the other way. Some of the options available to you to handle this situation are
as follows:
1. You will not take any action as this could be seen by the others as a deliberate
action to spoil the wedding.
2. You will act strictly and remove them from the wedding and file a case against
the band company.
3. You will talk to the band personal and give a notice to them that they should not
employ any minor children after this marriage. Suggest any other possible option.
Evaluate all of them and suggest the best course of action, giving your reason for it.
Approach:

The answer should bring out ethical dilemma involved in this situation and you should
weigh the given options based on various ethical approaches.
• Bring out the key facts of the case and identify the key dilemma involved.
• Evaluate the merits and demerits of the given options.
• Suggest the best possible solution without compromising the ethical values.
Answer:
This situation can be described as an ethical dilemma in which personal vs professional
ethics are at conflict. The interest of the minor children, who are being forced one way
or the other to work instead of attending school, is also in question.
In this context, here is the evaluation of given options:
• By not taking any action I will not be following rule of law as an officer of
Government. My family will be happy as I have looked the other way and wedding
happened without any disturbance. Though by not taking any action I will be
evading my duty that is bestowed upon me by Government and it will become a
crises of Conscience for me.
• As per the second option, law will prevail and Band Company using minor will be
held accountable. This action will contribute to the work culture by setting an
example for others to follow. This option serve as an example of Deontological
Ethics as I will be following Ethical means . One of the undesirable consequences of
My action will be that it will lead to a disturbance in the wedding programme and
may become a personal crises. By following this ethical path will also generate an
inner conflict as it will not serve as a holistic solution for the problem.
• This option is an example of following Teleological or Utilitarian ethics as unethical
means are used to lead to a desired end. By following this option, I will not be
disrupting the wedding by taking action straight away. In a way I will not be fulfilling
my duty and compromising with my integrity. As a government official, I should
fulfil my duty impartially and objectively. I should not give minor lapses while doing
my official duty as it is a first step towards moral corruption.
Now if we look closely to all the options, only option 2 is in the right direction. I will
suggest some changes to make it a holistic solution. Before taking strict action against
the Band Company I should take my family in confidence about my decision. I will
ensure that an alternate Band Company is called which doesn’t employ minors so that

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marriage function is not disturbed. By doing this I will be serving my official duty and Student Notes:
also ensuring that it doesn’t lead to any problem in wedding function.
At the same time, I will enquire about the children's families and ensure that they are
referred to the relevant department of social welfare, which can take care of their
education. Also, it will be pertinent to counsel their parents that education as well as
meals are free in the government school, and that their children have the potential to
be so much more than just day-labourers, with the right education.

2. You are posted as a DM in a district. You come to know that a newly appointed BDO is
making commissions from developmental activities being carried out. Before taking
action, you plan to do some background check and come to know that this BDO is
from a very humble background and his relations are dependent on him. Moreover,
he is funding the education of their children. You also come to know that this BDO is
pro-poor and has implemented all BPL schemes with efficiency, wherever posted.
Keeping these facts in mind, what would be your course of action?
Answer:
• As a DM its your responsibility to maintain transparency and service orientation in
administration of district.
• You need to hold a in-house inquiry to check the authenticity of information.
• If the complaint holds true then it becomes your responsibility to hold the BDO
accountable for his actions.
• In a public organization, means should justify ends; unfair means could never bring
welfare.
• Moreover in future if through RTI or through Media such information is disclosed or
comes in public, it will lead to distrust among public towards action of the
administration.

3. ‘Honour killing’ has been in news in recent times. It involves the homicide of a
member of a family by other members, due to the perpetrators' belief that the victim
has brought shame or dishonour upon the family. Analyse this problem in detail and
indicate not only the social but also the emotional and attitudinal factors responsible
for this problem? Also, distinctly bring out why:
(a) The youth in such areas do not speak up against these practices.
(b) The conviction rate in ‘honour killing’ cases is extremely low.
(c) Women, who have to face the brunt of this crime the most, do not speak against
it collectively.
Discuss some feasible steps, which could be effective in controlling this serious
problem.
Approach:
The answer must analyze various aspects of the problem of honour killing- social,
emotional and attitudinal. While explaining this problem, the second part of the
question should be simultaneously dealt with. Finally, suggest some practical and
relevant suggestions to overcome these problems. Supreme Court's observations can
also be cited here.
Answer:
Many experts believe that there are about 1000 honour killings a year in India. It is
mainly women who are the victims of honour killing.Violation of the local cultural

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norms for marriage is the leading cause of honour killings. In the areas where honour Student Notes:
killing is the most common, social ills such as casteism and patriarchy are deeply
entrenched in people's minds.
If we look upon honour killing from sociological angle, when a woman marries a person
of lower caste she goes into the husband's caste, this brings the family's status down in
the eyes of society. Similar is the case with inter-religion marriages. Patriarchal
tradition casts 'male as the sole protector of the female' so he must have total control
of her. If this protection is violated, he loses honour because he failed to protect her or
he failed to bring her up correctly.
Patriarchal upbringing molds the brothers into thinking that he shoulders the
responsibility for his unmarried sister and in turn, family's “honour”. Thus, the young
brother may become an accomplice in the honour killing. At the same time, one can
say that it is the young only who rebel against these orthodox values and become a
victim in turn.
A society in which this murder is seen as justice, rather than a crime, people do not
report it to the police. Also, there may be a handful of people who may be liberal in
these societies but the social repurcussions prevent them from speaking up. Without a
formal complaint, witnesses etc, conviction rate in such cases is very low. Victims
complain of police as being biased too.
The Law Commission of India disapproved the proposal of Government to amend Sec.
300 of IPC to include 'honour killings' within the definition of murder on the ground
that the existing provisions are adequate to take care of the situations leading to such
killings. The Law commission has proposed fresh legislation that seeks to declare that
the KhapPanchayat indulging in this crime be declared unlawful. However, this
legislation is yet to see the light of the day.
Woman, in the context of honour killing, is either a victim, or an accomplice or she is
simply a bystander who is unable to speak up. The latter may be a result of her feeling
helpless in the patriarchal society or she may be financially dependent on her
husband/son.
Suggestions:
Law definitely can play an, important role in curbing honour killings, but it alone can
not stop such killings, since, it is a sociological issue, which isdeeply rooted in social
culture, traditions and mindset. The vulnerability of women to this type of violence will
only be reduced when these patriarchal mindsets are challenged and effectively
confronted.
Another, great liberator may be the economic status of women. Education can also
play an important role. An economically independent woman can be more powerful,
and capable of taking her own decisions. This kind of change in our socio, economic
conditions and stringent law can only be helpful in reducing the number of honour
crimes.
Civil servants, including the police should undergo sensitivity training, so as to forego
any social bias that they may have.

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4. Gajendra, once a struggling film actor, was accused and later exonerated of rape Student Notes:
charges, which the jury found out to be motivated and fake. Not able to cope up with
the situation, he changed profession and moved on. Thirty years later, while his
closest friends know about the incident but his co-workers do not. One day, out of
curiosity, he searches for his name on the internet, and to his surprise, finds that the
third entry that comes up is an old report in a local newspaper about the rape charges
he faced.
Gajendra is upset; after all these years, he would like to be able to disclose the event
only to whomever he wants. He has heard about the decision of European Court of
Justice which allows individuals to submit requests to a search engine to remove
certain results from searches on their names, and citing the same, requests the search
engine and media outlet to remove the results.
Valid arguments can be advanced for making the Right to be Forgotten a
fundamental right? What those arguments could be? What limitations, if any, can it
be subjected to? Should there be any obligations on the search engines regarding
cases, which are no longer relevant, as the one mentioned above?
Approach:
The answer should discuss concerns of right to be forgotten vis-à-vis right to freedom of
expression and right to know. The focus should be on the reasoning of arguments to
justify the stand. Clearly mention what restrictions and under what circumstances can
such rights be breached.
Answer:
Fundamental rights are basic human freedoms, which enable living a meaningful and
dignified life through a harmonious development of personality. To evaluate whether
people have an inalienable right to be forgotten or not, we must evaluate its substance
as well as utility for the individual and the society.
Arguments in favor of right to be forgotten:
• It is clear from the situation of Gajendra that the reports are not relevant today and
do infringe to a certain extent on his right to privacy.
• These reports, which are no longer relevant and were wrong in the first place, are
maligning his character and thus such reports also violate basic human dignity.
• Some countries already have conventions/laws regarding outdated information,
such as in this case. Even in case of criminals who have served sentences, after a
certain period of time, they do not need to refer these cases, for example, to seek
jobs, insurance or in civil proceedings.
Arguments Against:
• Since the event actually happened it becomes part of the news and therefore there
is also a right to know for anybody interested in learning Gajendra’s past.
• This impacts the right to freedom of expression, particularly of media and the
search engines.
• It can also be construed as an attempt to censor Internet and to rewrite history.
• It must be mentioned that the right to be forgotten is distinct from the right to
privacy, which constitutes information that is not publicly known, whereas the
former involves removing information that was publicly known at a certain time.
• It is essentially an individual right, but can be misused by corporations seeking to
erase past data.
• Its relevance to the society is also debatable as it poses challenges to right to
information.

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Therefore the case for making it a fundamental right is not so strong. However, with Student Notes:
progressive outlook on individual liberty, a case can be made for making it a statutory
right, which details the conditions and manner of its application.
It cannot be absolute. It cannot ask the information to be deleted by the source. It can
only ask that it be made available only when explicitly sought.
As mentioned above, search Engines have the obligation to remove data that is
inadequate, irrelevant or no longer relevant. But this can only be done on case by case
requests. Search engines produce results on basis of automated algorithms and do not
treat the searches differently. It is they who decide whether the information is useful or
redundant. In their judgment, they must ensure that such individual requests do not
lead to putting biased and patchy results, compromising the integrity of internet based
information.

5. You are posted in a district as a public servant responsible for looking into the matters
of violation of Right to Education Act. You came across a case in which a poor farmer
had beaten his daughter for not going to take her fifth class annual exams.
Eventually, he tied her up with his motorbike and took her to the examination hall.
Corporal punishment to the children by parents or teachers is a punishable offence
with three month jail term.
When you enquired about it the poor farmer explained that he had done so for
ensuring a better future for her daughter as he does not want his children to live in
poverty in which he is living. He also says that his economic condition is poor and if he
is taken to jail his children will face severe hardships.
(a) What are the options available to you?
(b) Evaluate each of these options and choose the option which you would adopt,
giving reasons.
Approach:
Answer can be framed in the following manner:
• Introduce your answer by identifying the ethical dilemma involved in this case for
you, as public servant.
• List the various course of action you can take.
• Evaluate the listed action in terms of logical thinking that went behind it and justify
the best option among them.
Answer:
This case presents a unique situation in which a poor father has beaten his child to send
her to school and has fallen into the trap of law. The administrator who is responsible
for overseeing the law is presented with an ethical dilemma - whether to follow his
duty according to rules or act in good faith by considering the situation of the person
and make an exception with the case.
In such context, as a public servant, the following options will be available:
• Establish his offence as evidently he is a culprit in a crime that is considered as
serious according to the law.
• Consider his disparate situation as a poor farmer spending hard earned money on
his child’s education and leave him after a strict warning.

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• Try to understand why children are not willing to go to school and take appropriate Student Notes:
measures accordingly.
Following consideration will go behind the above course of actions:
1. Establishing the offence of father and punishing him has both merits and demerits
attached to it. The merits will be that I will fulfil my duty in strict observance of law,
it ensures justice to the aggrieved child, It acts as a deterrence for parents and
teachers.
However, this step comes with more demerits, as punishing the poor farmer
desperate to provide education to his child will amount to blind observance of law
ignoring the circumstances in which crime has happened. Further, there would be
practical difficulty as who will take care of child when her father will go to jail.
Punishing the child will amount to punishing the child more as she comes from a
poor farmer family. Any punishment might change the father’s attitude towards the
child as he might turn hostile and non-caring for his whole life after his release. This
step overlooks the reasons as to why the child is unwilling to go to the school.
2. Giving due consideration to situation of the father and the child and setting him
free after strict warning. This step has merit of acting in good faith considering the
totality of the situation and showing empathy both with poor father and child as it
saves her from consequences of punishing the father. Further, it will save the family
from financial hardship. Since the farmer had taken the decision with a good
intention, he may be given benefit for it. The action of farmer may end up
educating his daughter and bring the family out of poverty. The demerit of the
action is if through the media or otherwise this case goes in public domain than I
may face disciplinary action for not implementing the law properly. Moreover, it
will encourage, or at least will not deter, others to exercise corporal punishment.
3. Knowing why children show unwillingness to go to school is important to prevent
corporal punishment. It may be the case that due to fear of corporal punishment in
the school, the child is showing resistance for going to the school. Further, such
measures need to be taken, which increase the willingness of children to go to the
school.
I believe that I can choose both the second and third options of showing restraint and
give due consideration to the situation of farmer and child and taking substantive
measure to prevent corporal punishment in both schools and home.

6. You are an undergraduate student in a leading Law University. You go with your
college friend Surender to his village to attend his sister's marriage. Surender’s
parents are farmers and are financially very poor. They have somehow managed to
send him to the university by selling their land. After interaction with the family
relatives attending the marriage, you find out that the bride is not of marriagable
age, which makes it a case of child marraige. The family wants early marriage of the
daughter to avoid huge demands of dowry in the future. You are well aware that
child marriage is illegal in India. So, you discuss the issue with your friend who says
that he is helpless and can’t do anything. Your friend feels that his family is already
doing too much for him and he cannot argue and change his parents’ decision. In this
situation, what are the possible actions you can take? Evaluate the merits and
demerits of each of them.
Approach:
• Introduce the situation briefly

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• Suggest possible actions and evaluate them Student Notes:
• Take your final stand in the conclusion
Answer:
The given situation is of child marriage in a village where every person in family feels
their hands are tied due to some reason. However, being aware of this social illness and
that child marriage is illegal in India; I cannot allow it to happen. There are several
options available to stop this event such as
1. Persuade the family with the help of Surender
Firstly, the dilemma of Surender needs to be cleared. He must be told that it is his
responsibility to tell parents about the implications of child marriage. Further, his hard
earned education will be of no use if he cannot save his little sister from orthodox,
outdated social traditions – dowry and child marriage.
Once Surender is convinced, we both can persuade the parents through following
arguments:
• Making them aware that the child marriage is illegal and it is similar to destroying
theirs beloved daughter’s whole life
• Removing theirs primary apprehension of dowry demands by telling them that is
illegal practice.
• Encouraging them to make their daughter educated and skilled. It will make her
independent and then she would be able to choose her best partner herself. Citing
some successful women will be useful
• The sister’s education expenditure can be met by Surendar’s earning from job in
near future
If this persuasion gets successful in stopping the marriage from happening then there is
apparently no demerit in this action.
2. Bringing the matter into the notice of local panchayat
However, if the parents do not get convinced and still holds the event, then the local
leaders from panchayat can be informed.
Merits:
• The panchayat can create social pressure on the family to stop the marriage
• It will serve as an important example to bring social change in the community
Demerits:
• The family may not abide by the panchayat’s persuasion and will also bring the
personal matters into society
• The parents and friend may get angered on me and may also threaten me
However if still they decide to hold marriage, the FIR should be registered with police
station.
3. Registering the complaint with the police
Merit:
• The most important objective was to stop child marriage from happening will be
achieved
• The case will act as deterrence against future practices of child marriage in local
area

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Demerits: Student Notes:
• It will bring whole family into the criminal proceeding which will hamper the
education of both the children. This could further push the family into deep poverty
which was the primary reason for child marriage. So, instead of removing the root
cause, this solution will be superficial in nature.
On evaluating all the above scenarios, I must persuade the family by all means to stop
the child marriage from happening. In this process, we can involve all educated and
reform oriented relatives and local people. The registering of police complaint should
be avoided till all options are exhausted because it has huge repercussion on the family
and lives of brother and sister.

7. As the administrator in-charge of your area, you are witness to the widespread food
wastage in lavish parties as well as in restaurants and eateries, on one hand and
people starving due to inability to ensure one square-meal a day, on the other.
Realizing that it is not the scarcity of resources, but the habit of people that is causing
paucity in availability of food, you decide that certain measures are needed to be
taken in order to deal with the issue of starvation at the grassroot level.
Given the situation, answer the following questions:
(a) Identify the ethical issues involved in this case.
(b) What measures would you take to deal with wastage of food in your area?
(c) What explains this co-existence of affluence and hunger in developing countries
like India?
Approach:
• Identify the ethical issues by bringing out the contrasts of the society in a
developing country, attitudes of people and dilemma to act or not to act for the
officer.
• Suggest some implementable innovative measures to curb the practice.
• In part (c), elaborate on the inequality aspect and varying value systems in a society
in flux of change.
Answer:
(a) The case captures the ironical situation where the affluent have enough food to
waste whereas the poor are barely able to meet their daily requirements.
The basic ethical issue involved here is lack of cognizance of the inequalities that exist
in the society. This in turn includes various aspects:
• Lack of compassion and sensitivity on the part of people wasting food, at the
individual as well as the community level.
• Lack of foresight and rationality.
• Violation of principles of equality, justice, fairness due to the widespread
inequalities.
• Lack of responsibility for actions on part of the affluent.
• Undermining the value of social equality and dignity of all.
An individual exercises various rights over something that he/she has paid for, in many
cases even a right to destroy it – i.e. do as it pleases. But food wastage does not fall into
that realm. Food is a right for every individual, not a commodity that can be acquired
and wasted for one’s pleasure at the cost of someone else’s life.

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(b) As the administrator in charge of my area, my actions to deal with wastage of food Student Notes:
and to address hunger at grassroot level would be both short-term and long-term and
would include:
• As an immediate step, I would ensure that adequate quantity of quality food
resources is available in my district to meet the basic requirements of people who
are unable to meet their daily minimum food intake.
• In order to address the issue of wastage, I will undertake the following measures:
o Introduce a system of analytical assessment of food requirements for functions
and programs in public gatherings and with consent of people, introduce it in
private programs as well. This will be the first step in reducing excess food as
well as cultivating awareness about wastage.
o Contacting local NGOs working in food provisioning to poor and encourage
them to recruit such affluent people.
o Where warning works, measures such as penalties on the organizer can also be
considered after doing a feasibility study.
o Cooperation from hotels and restaurants should be sought. They can be
persuaded to display images which curb wasteful behavior.
• Children often act as agents of change in the society They can be roped in through
awareness campaigns in schools/colleges. Establishing linkage systems to create a
pool of leftover food which can be distributed among the needy. For this I would
also approach the private sector to pitch in through Corporate Social Responsibility
and other means.
• Already certain projects of a similar nature are functioning in different parts of
India. For e.g. Include Roti Bank, Feeding India Initiative, Operation Sulaimani, etc.
• Creating efficient storage systems for preservation of food items that can be
distributed later.
• Emphasising on buffet system in hotels and eateries to reduce wastage of food.
(c) The reasons for co-existence of hunger and affluence in developing countries like
India are:
• Concentration of resources in a few hands resulting in uneven and unequal
distribution. This has been a feature of almost all developing countries.
• Societal divisions are also stark. Many in the current generation have not
experienced poverty and many are oblivious to hardships that the poor face.
• Inability of the state to provide robust security nets and welfare schemes to the
population due to financial constraint.
• Corruption in form of leakages, ghost beneficiaries, etc. diverts scarce funds
allocated to the needy.
• Low infrastructural and technological development results in lack of efficient and
accessible storage houses and linkages for safe collection and distribution of food.
These factors operate to create a divide between the affluent the needy and ensures
their coexistence in developing countries.

8. You have been studying for the past two weeks for your final exam in the college.
Your grade in the class is much lower than it should be, and your father has warned
you to improve it or there will be consequences. So declining invitations for parties,
restricting you time with friends, and spending hours in the library, you have done a
lot to prepare for this exam.
On the exam day you sit next to a mutual friend of yours that lives on the same floor
in the hostel. Talking with him before the test begins, you notice that this friend has
hidden a cheat sheet at the top of his backpack.

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Ordinarily, you wouldn’t be concerned about it; however, the professor has already Student Notes:
announced that only limited students would pass the exam. Even if everyone does
really well, the professor will divide up the grades to make sure there’s a limited
amount of A’s and B’s.
1. What are the options available to you?
2. Evaluate each of these options and choose the option you would adopt, giving
reasons.
Answer:
One faces a tough situation of personal morals and values which go against cheating
and the other of losing a friend and being branded a complaint monger. Students
carefully need to take all the options into account giving due weightage to the fact that
inaction on one’s part to report the cheating may not only jeopardize one’s own
chances but also the chances of many other deserving candidates in the class.
Some of the options available are (list is not exhaustive):
a) Ignore the incidence and treat it as a one off, as my friendship is at stake
b) Approach my friend after the class and warn him/her about the action
c) Report the incidence to the teacher and not keep it to myself
The first option is invalidated as ignoring the incident will not only be against the
greatest good for the greatest number of people , as opined by utilitarian approach but
would also depict characters of cheating, and deceit which would not be in consonance
with either your own characters or the character of your friend in the long run.
Further, ignoring the incident on your part, and not confronting your friend may lead to
a slippery slope, where it might only act as an invitation for further and heightened
crimes.
The second option might seem to be a viable approach, confronting your friend for his
act, but it goes against the principles of Right/duties, fairness and common good. Being
a member of the class, I have a responsibility to protect the integrity of the grading
system. By letting my friend cheat, I am allowing the greatest good to diminish because
the class average will be distorted as a result, affecting a lot of students. Though it
might hurt my friendship, I should at the very least, anonymously report my friend in
order to preserve and promote the greatest good.
The third option is the most viable. I would report it to the teacher and not keep it to
myself. This will not only help in exemplifying the virtuous characters of integrity and
honor but will also help in correcting the characters traits of my friend which might help
him in the long run.
I must ask myself what is the highest state of character I can aspire to? I obviously
recognize the virtue of discipline and handwork, as evidenced by my preparation
leading up to this test. Likewise, I should push myself to think about the values I should
live up to, those being integrity and honor in this particular case.
Further, Just because it is my friend who is cheating, doesn’t mean that her friend is
exempt from immoral behaviour. If I knew a girl that I disliked was cheating, would I be
more motivated to report her? Since all people are seen as equal, I should not hold my
friend to a different standard.
I could either confront her friend directly, or warn her that I will be reporting her to the
professor. I can respect my friend’s dignity by providing her with transparent options.
Either way, I cannot allow the disparity in grades be perpetuated if I can help it because
the issue of passing the test is important to everyone and not just my friend. They are
all trying to obtain a passing grade, not just my friend. It is unfair and hence unethical,
for me to tip the balance in her favor

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2. Aptitude Student Notes:

9. In the face of acute famine in the district, you, as an area officer, have instructed your
subordinates to procure food grains from the FCI godowns located in the adjoining
districts. This would make the food grains available to the public through PDS shops.
Considering the gravity of the situation, this task has to be done immediately,
because majority of the people in the district are poor, and therefore can’t buy the
food at the market prices. However, you were told that all the truck operators have
formed a cartel and are asking for three times the usual transportation rate, in order
to exploit the situation. This would nullify your effort, as the prices of the food grains
would increase due to high transportation charges.
(a) Following are some suggested options. Please evaluate the merits and demerits
of each of the options:
1) Threaten the truck owners of severe consequences if they do not fall in line
and cancel their transportation permits.
2) Transport the food grains by Railways, though it may take a week.
3) Agree to pay the truck owners the transportation charges they are
demanding, so as to ensure the availability of food grains, but searching for
alternative and affordable transportation. However, take legal actions
against the truck owners at a later time.
4) Asking the state government for sending some help.
Also indicate (without necessarily restricting to the above options) the course of
action you would like to follow, giving proper reasons for the same.
Approach:
The answer should begin with the context and the gravity of the situation. In this
context, one should evaluate all the given options with possible merits and demerits. In
the conclusion, one should choose any of the given options or any other option of
his/her choice with adequate reasons.
Answer:
The situation is characterized as acute famine and general shortage of food.
Considering that the majority of the people are poor, they can’t buy food at the market
prices. Being the area officer, it is my responsibility to make the food grains available at
affordable prices, so that all individuals in thedistrict have access to food. In this
context:-:
1) This option would ensure that the truck owners are punished for their undue
exploitation of the situation. As an area officer, it is my duty to ensure that the
prices of essential commodities, including the transportation charges, are not
artificially and unfairly inflated through some mischievous means. From that end it
could be successful in performing my duty. However, this would not necessarily
ensure the availability of food grains in the district, which is more important in the
given situation. Therefore, this option is not advisable, as the main objective would
not be served.
2) If I were to transport the food grains by railways then I may be able to reduce the
transportation charges to a very great extent. However, it could take a longer time
to transport the food grains and in the mean-time the situation could become
worse, as there is already an acute famine. Therefore, I need to ensure the delivery
of food grains in the shortest time possible, which would be difficult with this
option.
3) Going by the third option, I can ensure the availability of the food grains in the
immediate time, which is imperative in the given situation. At the same time I may

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search for some other means of transport, like arranging for public transport etc. It Student Notes:
would be more desirable to take action against the erring truck owners at some
later time, because it would serve the dual purpose of making available food grains
in the immediate situation, and punishing the erring truck owners.
4) Asking the state government for help may ensure the availability of food grains at
cheaper rates. However, it may not be advisable, in the first instance, because it
may take some time for the state government to provide help and in the mean-
time there may by deaths due to starvation. Therefore, the whole purpose of the
help would be defeated.
So, the best option for me to go by is third. It is because it would ensure the availability
of food grains in the immediate time and would ensure action against the erring truck
owners. It is necessary to take action against them so that in future they do not unduly
exploit the situation. Meanwhile,I would also ask the state government for help, so
that any unforeseen situation in the future could be pro-actively addressed.

10. Arvind has recently started working as a cyber security analyst at a government
intelligence organisation. During the course of his work, he stumbles upon
documents, which reveal that the government is spying on leaders of opposition
parties with alleged Maoist links. He discusses this matter with his superior officer
who tells him that though the spying was illegal, it was essential for national
security. He also tells Arvind that sanction for the spying came from the highest
echelons of the government. He further warns Arvind not to divulge facts of the case
to anyone else in the organisation and especially no one on the outside as it may lead
to his dismissal from the organisation or even his arrest for treason.
However, Arvind being an honest person finds himself in a deep conflict. He feels that
the spying, apart from being illegal, could also be misused by the government for
settling political scores with its opponents.
The following are some options that Arvind has. Evaluate the merits and demerits of
each of these:
1. Do nothing as he does not want to risk losing his job or end up in jail for treason.
2. Talk to the head of the organisation to get his opinion on the matter and then do
as he says.
3. Send an anonymous letter to the press leaking the details of the case.
4. Go to the press directly with the details of the case.
Also indicate (without necessarily restricting to the above options) what you would
like to advise, giving proper reasons.
Approach:
The answer should clearly bring out the ethical dilemma that Arvind could face in
selecting each course of action. The student can use any of the utilitarian, rights and
virtue approaches to examine the options from different viewpoints.
The suggested course of action should be provided with proper reasons and
justification.
Answer:
Option 1: As a young professional, Arvind may have to think not only about his future
but also the future of his family or dependents. Doing nothing would save him from
facing any untoward consequences but at the same time, the inner conflict that he
faces would continue to persist. Also, Arvind would be condoning the violation of
privacy of the individuals who were being spied upon. He may feel that he has betrayed
his nation by focusing only on his self-preservation rather than the greater good.

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Option 2: Instead of just relying on his senior’s opinions, Arvind could seek to confirm Student Notes:
whether the espionage is really sanctioned by the upper echelons. Talking to the head
of the organisation in this matter would help as he would be better aware of the facts
of the case. Also, his viewpoint on the matter may help Arvind in framing a more
balanced opinion on the matter. Arvind could do as the head says but that could also
mean doing nothing if the head asks him to do nothing, a course of action which would
not help address Arvind’s crisis of conscience.
Option 3: Sending an anonymous letter to the press would ensure that Arvind would
not be targeted by any possible witch-hunt and an important issue of public interest
would also be highlighted. However, it could also happen that the matter only helps to
give fodder to the press and opposition parties to embarrass the government, rather
than leading to any concrete discussion on systemic changes in intelligence procedures.
Option 4: Going to the press directly would be the most difficult thing to do for Arvind.
He could land up in detention like many other whistleblowers with his career ruined
and his image sullied by accusations of treason. It may also happen that the intelligence
apparatus of the country is weakened due to such revelations. But at the same time, it
may also happen that the citizens of the country realise the pitfalls of such spying.
Arvind’s bravery may also help to inspire other whistleblowers and conscious citizens
to come forward and support his cause.
At the end of the day, Arvind should undertake the course of action which addresses
both his inner conflict and serves the wider public interest. Hence, before taking any
action he should investigate clandestinely to know more about the facts of the case. He
should try to gauge the different viewpoints on this matter by getting inputs from his
peers without revealing any details of the case. Finally, if he is convinced of the
illegality of the spying, he should come out in the public with the details of the case and
proof of the government’s complicity in the illegal spying operations. Through his
words and actions, Arvind should seek to stir a rational debate on the implications of
such spying on individual’s right to privacy, political freedom and national security.
Such a debate should refrain from simply attacking the government on the issue and
should instead lead to systemic/institutional changes to reform the country’s
intelligence apparatus.

11. You are a Secretary in a government department. Your Minister has proposed an
unemployment grant, which is expected to cost the public exchequer heavily. Having
already taken the decision, he asks you to come up with research to support the
scheme. Despite your best efforts, you fail to find socio-economic benefit in it. You
approach the Minister with relevant facts and studies and ask him to reconsider his
decision. Instead, he asks you to suppress the negative impacts and actively promote
the scheme through mass media as the perceived social impacts are more important
than economic impacts.
Elections are due in a short time and the political party currently in power is expected
to win. You are also due for promotion at the same time. You are expected to fully
cooperate in the situation and make the scheme a success, however flawed its
foundations may be.
(a) List the different stakeholders in the above situation and mention their
prospective interests.
(b) Discuss the ethical dilemma which you face in this situation.
(c) Some of the alternatives for you to handle the situation could be:

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• Do as asked by the Minister. Student Notes:
• Insist on publication of results and let the public decide whether it wants the
scheme.
• Call a press conference and brief the media about the results and the callous
attitude of the Minister.
Suggest any other possible option(s). Evaluate all of them and suggest the best course
of action, giving reasons for it.

Approach:
• List the facts of the case, mention various stakeholders. The prospective interest
must be inferred from the facts. Avoid giving unverifiable opinions.
• Bring out the ethical dilemma faced.
• Evaluate all the available options – mention their merits and demerits.
• Give the course of action. Try to address the demerits mentioned and evolve a
comprehensive solution.
Answer:
Facts of the case:
• The proposed unemployment grant will cost the exchequer heavily.
• Detailed study about the proposed scheme shows net negative socio-economic
impact. The minister has refused to reconsider the decision.
• Elections are due in a short time. My promotion is also due at the same time.
From above facts, it can be argued that although the minister is himself not engaging in
corruption, he is using the loopholes of the system to fulfill his electoral compulsions.
a) Different stakeholders and their prospective interests
• Secretary: As a civil servant, it is his duty to give honest opinion to the political
executive. However, once a decision is taken, he should implement it whole
heartedly. Not obeying legal and legitimate orders amounts to dereliction of duty.
Also, it will portray him as non-flexible and show him in poor light. Defying orders
may jeopardize his career prospects also.
• Minister: Successful implementation of scheme will probably bring electoral gains
for his party.
• Beneficiaries of the grant (unemployed people): They may benefit in the short run,
but as the scheme does not have a positive socio-economic impact, real benefits
may be scarce.
• General public: Taxpayers money should be spent effectively and the executive
should be held accountable for it. The public has an interest in knowing the efficacy
of the expenditure.
b) Ethical dilemma faced
As a civil servant unsatisfied with the decision of the political executive, I face the
dilemma of whether or not to honestly implement a scheme from which I am certain
no positive will come out. As an implementing agency, I will be held accountable for the
success/failure of the scheme. Since I am convinced that this scheme will lead to waste
of public money, I will have to choose between larger public interest and self-interest.
Thus, the dilemma is choosing between something which is legally right v/s other which
is morally right in the light of public interest.
c) Alternatives available to me
i. Do as asked by the Minister.
Merits: I will be abiding in letter to the duty to implement the will of the political
executive. Steadfastly implementing the scheme will also reflect my commitment

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to duty and will further my career prospects. Student Notes:
Demerits: Will lead to the wastage of public money and breach of the trust of
public in the government. Also, I will face cognitive dissonance and may not be
able to keep myself motivated during the implementation.
ii. Insist on publication of results and let the public decide whether it wants the
scheme.
Merits: Adherence to transparency is the cornerstone of good governance. It will
help the public to choose what is best for them. It will encourage people’s
participation in decision making and may set a precedent for all schemes in the
future.
Demerits: As soon as the issue comes in public domain, the narrative will be
hijacked by political compulsions and any rollback would become exceedingly
impossible. Changes which could have been made earlier would now become
more difficult. Public discussion will also entail substantial expenditure and time.
iii. Call a press conference and brief the media about the results and the callous
attitude of the Minister.
Merits: Will bring the matter into the public domain and expose the callous
decision making process. It may force the minister to reconsider.
Demerits: Media briefing will be against the principle of anonymity and secrecy.
Such steps should be taken when all other remedies have been exhausted and
when the case is of personal or organizational corruption. Moreover, I may be
seen as being excessively stubborn, if not in open defiance of authority.
Course of action:
Foremost, I will try to modify the scheme to make it more prudent and effective. I will
put honest comments for consideration to make my views clear. Further, I will try to
convince the minister of getting the public opinion before going ahead with the
scheme. This will be achieved through publication of the broad outlines and engaging in
public discussions. Rather than being hijacked politically, wise handling of the issue can
in fact bring positive feedback for the government. In the process, I can also improve
my understanding of the socio-economic needs of the people. Once the public opinion
is incorporated, I will implement the scheme with dedication.

12. You have recently been appointed as the District Collector of an impoverished district,
which has been witnessing drought for the last couple of years. Corruption at lower
levels of bureaucracy has further aggravated the situation. The district also faces the
problem of diminishing resources of drinking water. Despite, the gravity of the
problem, the response from the central and the state government is lackadaisical.
Moreover, the media coverage of the problem is also dismal. To make matters worse,
the younger members of the community are migrating in search of work to the urban
areas without much success, leaving the elders, women, and children behind to fend
for themselves.
(a) As the District Collector what would be your priorities for solving the problem?
(b) How would you tackle the situation?
(c) What long term measures would you take to prevent the future recurrence of the
problem?
Approach:
a. Identify the challenges and order them on basis of urgency. Give reasons.
b. Discuss how to solve the challenge in optimal manner

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c. Suggest measures to be taken to prevent such incidences in future. Adopt Student Notes:
multifaceted approach covering the above challenges.
Answer:
(a) The challenges associated with the above situation are:
• Scarcity of Drinking Water.
• Reduced income and food scarcity because of successive drought
• Corruption at Ground Level.
• Limited response from the state and Central Government.
• No Media Coverage
• Migration of Younger Members of Community.
• Care of Elders, Women and Children
1. The problem requiring immediate focus is provision of drinking water. It
can have serious health concerns for the population of the district.
2. The proper implementation of drought-relief programs
3. Moreover, the population has to be motivated and ensured that they will
get adequate support from the government so that mass migration from
the region can be curbed.
(b) To tackle the situation following steps can be taken:
1. The available funds should be directed to arrange for drinking water on
immediate basis. This requires contacting nearby water surplus areas and
arranging adequate transport facilities to transfer water.
2. Direct supervision of District Collector in implementing drought-relief measures
so that intended beneficiaries receive immediate relief. This would reduce the
plight of vulnerable section- old, women and children and curb corruption to
certain extent
3. Involvement of local communities and civil society actively will increase citizen
participation, avoid manpower crunch.
4. The respective governments – state and centre should be intimidated about
the gravity of the situation for their immediate support.
5. The Media support should be taken with caution. It should not be used to
politicize or sensationalise the issue. It should only be used as a tool to make
citizens and government aware of the gravity of the problem.
6. The local population should be motivated to stay together in difficult situation
and discourage migration of youth. Ensure them of the steps that Government
is taking to alleviate their concerns.
7. As the corruption has taken roots at low levels of organization a stern action is
required. It can include suspensions and warnings on case to case basis. This is
important to ensure that organization performs in difficult circumstances.
(c) Long Term Measures:
1. Engage the local communities to create watershed and other infrastructure to
store water during good weather.
2. Engage with the weather monitoring department and create a hazard map to
identify the vulnerable regions in the future.
3. Allocate separate contingency funds to tackle such situation to avoid last
moment hassles.
4. Send Proposals to the Government and Private Sector to generate employment
opportunities in the region.
5. Spread awareness in the local communities for encouraging best practices of
water conservation.
6. Mechanisms to avoid malicious corrupt practices have to be effectively
implemented.

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• It includes social auditing through Self-help Groups, encouragement of civil Student Notes:
society and NGOs.
• Performance reports, continuous evaluation and monitoring mechanism.
7. Media should be encouraged to practice fair and objective reporting. Also, they
should expand their reach and shed their city centric approach.

13. A group of educated young men is caught trying to leave the country to fight for a
terrorist organization overseas. It was found that they were radicalized online
through social media by the handlers of that terrorist organization. These boys have
not committed any act of terror till now and have no criminal background.
(a) What could be the reasons for radicalization of educated youth?
(b) As a senior intelligence official, what approach would you follow to deal with such
cases? Give arguments in support of your stand.
(c) Suggest a feasible strategy to prevent further radicalization of youth in the
country.
Approach:
• First explain the probable causes for the radicalization of the educated youth.
• Then describe the approach that the senior intelligence officer should follow. As the
case seems to be of misguided youth, the focus should be de-radicalization.
• Conclude by suggesting measures that should be taken to address the root causes
and counter radicalization.
Answer:
Online radicalization is a serious threat to the security of the country. Many of the
misguided and dis-oriented youth take to increasingly extremist and violent views
thanks to the internet and social media propaganda. The arrested group of boys seems
like the victims of the same phenomenon.
Probable causes of radicalization
A diverse range of factors and motivations can influence a person to become
radicalised, and from there possibly commit extremist violence. Some of these are:
• Radical ideology, limited understanding – the presence of a strict and literal
understanding of a given ideological belief is a key factor in a person resorting to
violent extremism. Such views can be reinforced and exacerbated through the
internet.
• Personal relationships and influence – the influence of personal and social
relationships is another key factor in driving radicalisation and extremism. These
relationships can occur face-to-face, or through other media such as the internet.
• Identity and social exclusion – personal identity issues and wider problems of
marginalisation, racism and social exclusion can act as a catalyst for radicalisation
and, potentially, violent extremism.
• Emotional vulnerability – it may predispose involvement in terrorism. This includes
feelings of anger, alienation, disenfranchisement, shame, guilt and vulnerability.
These often arise during times of transition where challenges, such as an identity
crisis, enhance susceptibility to extremism
• Perceived injustice for a person’s community – One additional driver of
radicalisation is perceived frustrations and injustices committed against an
individual’s community or group.

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Desirable approach of Senior Intelligence Officer Student Notes:
The senior intelligence officer should follow a ‘soft approach’ focusing on counseling
and de-radicalisation rather than a ‘hard approach’ based on arrest, prosecution and
punishment.
He should counsel them to make them realize futility of their actions. In this, he must
take help of professional psychologists, religious leaders and families of the boys. There
should also be religious re-education.
Once they are deradicalised, they must be released to lead normal lives but surveillance
must be maintained on them so that they do not lapse into radical activities once again.
Rationale
The boys seem to be misguided and disoriented as they are well educated and don’t
have any previous terror cases, are not members of any terrorist organization and were
not planning any terrorist attack in India. Also, they have not committed any terrorist
act till now. If they are imprisoned, their radical views might further crystallize due to
associations with hardened criminals. They may also form new networks and sleeper
cell. The case of ISIS chief Abu Bakr Al Baghdadi is a very relevant example.
Preventing further radicalization of youth
A) Short to medium term measures
• Presenting a counter narrative online – the Government should increase its
online presence and take the help of various religious leaders to present an
alternative narrative to counter terrorist propaganda.
• Regular monitoring – the Government must constitute special teams to
monitor internet and social media sites for any terrorist propaganda. Such
websites and accounts should be blocked immediately.
• Presenting role models for youth – role models should be found out form
within the community so that the youth have examples whom to follow.
• Deradicalisation helpline – Such a counselling facility will enable parents,
teachers and friends of vulnerable and indoctrinated youth to seek professional
help for their deradicalization.
• Taking strict action against those who are found to be involved with any
terrorist orgnaisation or planning any attacks within or outside India.
B) Long term measures
• Long term measures must focus on addressing root causes of the feeling of
marginalization and alienation of youth.
• It should also focus upon channeling energies of the youth towards creative
pursuits, skill development and job creation.
Radicalization is an emerging threat for the country. A nuanced approach is needed to
tackle this threat effectively.

14. A state has been struck with floods and there is immense anger and frustration
among people regarding delay in flood relief measures. A reason for the anger is that
immediate relief is directed towards localities where the local MLA and MP
(belonging to the ruling party) reside. There have been incidents where people have
physically attacked the relief personnel. It is winter and there is threat of adverse
weather in the coming week. You have been brought in as the new District collector
as the previous one was transferred due to public pressure on the political leadership.
Your senior has directed you to give special attention towards the same locality where
the loyal voters of the MLA and MP live. In this background –

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1. Bring out and discuss the ethical issues involved in the above case. Student Notes:
2. Also suggest the right course of action in the given situation.
Answer:
Facts:
A state struck with floods and an adverse weather following
Relief operations marred with undue intervention of elected representatives
Public anger and frustration leading to transfer of previous District Collector.
Stakehloders:
1. People from the Affected locality
2. The Govt and Administration
3. Local MP and MLA
4. Me and the relief personnels
Ethical Issues Inolved:
1. Carrying out relief operation without favoritism.
2. Discharging duty according to rule of law
3. Assuaging fear of the general public amicably
4. Protecting the relief personnels
This case study involves the classic case of conflict between populist interests of the
elected representative and the duty of the selected official. Here it is imperative that
the relief operations are carried out effectively to deliver the desired services that the
govt owes to people so as to prevent a humanitarian crisis arising out of flood and
possible exacerbation due to an impending bad weather. Further as the District
Collector it is my duty to uphold the ethics of administration by providing an impartial
service to all by not succumbing to any external pressures .
Right Course of Action:
The right course of action here would be to follow courage of conviction and ward off
any external pressure from local representatives or from my senior officers and carry
out relief operations impartially. This is important in order to uphold the trust people
have in administration. Giving in to pressure would be tantamount to eroding the basic
concept of check and balance on which the administration runs . Elected and selected
representatives are there so as to reinforce each other to do the right thing. Further in
the current case public opinion has forced the govt to transfer the previous District
Collector so there is minimal chance of me getting transferred. Thus with security of
tenure I should focus my energies on assuaging the fears of public and carrying on relief
operations on massive scale. For effective relief work it is important that relief
personnels remain motivated and are not attacked .To ensure this I should effectively
involve the police force. Further all arrangements pertaining to food and shelter should
be made keeping winter season in mind. I should also engage the civil society and
media so as to strengthen the credibility of operation and prevent people from
resorting to violence. Proper information dissemination is the key to prevent law and
order situation during such times. By adopting this course of action I would uphold the
dignity of my post , maintain civil services neutrality, provide effective relief to people,
uphold personal integrity and courage of conviction and thereby provide legitimacy to
the concept that democracy is by the people and for the people.

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15. You are the Chairman of a Committee, constituted by the government, to suggest Student Notes:
measures to improve the quality of education in state-run schools. In view of the
increasing dropout rate and the widening gap between students’ learning ability in
state-run and private schools, answer the following questions:
(a) Examine the role of government in the education sector, especially providing
primary and secondary education through state-run schools.
(b) Identify the principles and values that would guide your recommendations in this
regard.
(c) Suggest some ways in which quality of education in state-run schools can be
improved.
Approach:
• Briefly discuss the issue of increased enrolment in private schools
• Discuss the role of the government in the education sector.
• State the principles & values that should form the core of the recommendations
• Suggest ways in which quality of education can be improved in state-run schools
Answer:
Around 25% of schools comprise of private schools in India. According to data from
Unified District Information System for Education, total enrolment in government
schools fell by 9% while private school enrolment increased by 36% from 2011 to 2015.
This is because parents believe that infrastructure, quality of education, learning
environment etc. are better in private schools.
(a) The role of the government in the education sector especially with regard to
primary and secondary education include:
• Education is the basic building block of a modern society. A minimum basic
level of literacy has to be ensured for everyone in the society. It is not merely
because private sector is unable to provide education for everyone, but it is the
core responsibility of the government to ensure that at least quality primary
and secondary education is provided to all the citizens.
• Right to Education Act (RTE) Act, 2009 makes compulsory provision for free
education to children between the age of 6 to 14 years under Article 21A of
the Constitution. However, most of the government schools have yet to meet
the norms such as pupil-teacher ratio laid down by the law.
• To encourage participation and stem the drop out rate, government also
provides nutritional support through Mid Day Meal’ to students in Classes I-VIII
of government and government-aided schools.
• To make public education accessible, schools are established in remote and
border areas as well.
• It encourages research in the field of education, prepares and publishes model
textbooks, etc. through organizations like the NCERT.
(b) The principles and values which would guide the recommendations:
• The core principle is responsibility- it is the core duty of government to provide
for school education for the nation to progress.
• At the same time, merely provision is not enough. It should be accompanied by
the principles of quality and efficacy, The schools have to be accessible as well
as desirable. They must add educational value to pupil, not merely be centers
of enrolment.
• In order to ensure quality of education, apart from educational reforms
(mentioned below), it must be ensured as a principle that school teachers are

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given proper training and also that they are not required to do any government Student Notes:
duty which compromises their ability for the primary purpose for which they
were recruited- teaching.
• Another principle that would inform the recommendations would be the
attractiveness of schools- they must demonstrate their vitality by being a place
where students feel the need to come and parents are motivated and
encouraged to send their children to. Infrastructure improvement and regular
parent-teacher meeting would be incorporated as principles in the
recommendations in this regard.
• There is a need to bring government schools at par with private schools.
Primary education should be a leveller and not a source of inequality. It will
ensure equality of opportunity for government school students in an
excessively competitive environment.
• Establishment of more state-run schools ( under section 6 of RTE Act, 2009) as
private schools are getting increasingly expensive and there is lack of
uniformity regarding regulation of fees. This will lead to increased access,
equity and affordability.
• There should be emphasis on education and sensitization about social issues
including gender issues, communal harmony, environment etc. It will help
pupils develop into socially aware and sensible citizens.
• The ambit of the RTE Act, 2009 should be expanded to include early childhood
education and secondary school education so that maximum students are
benefitted.
(c) Ways in which quality of education can be improved in state-run schools include:
• There should be increased investment in public education. Schools should have
improved infrastructure in order to provide basic facilities to students such as
spacious classrooms, hygienic toilets, accessible drinking water, practical
laboratories etc.
• The quality of education needs to be improved through periodic training and
evaluation of teachers, updation of curricula and promoting extracurricular
activities. More teachers should be hired to address the issue of teacher
shortage. Further, teachers should be trained in programmes that combine
high-quality content, pedagogy, and practical training.
• Classes should be synergetic i.e. increased student-teacher interaction and
interaction among peers. Also, teachers should emphasise on conceptual
learning rather than rote learning.
• To reduce content load in school education curriculum so that children can
indulge in other developmental activities like sports, yoga etc. Children should
be given opportunities to develop in a holisitc manner. Extra-curricular
activities such as painting, drama, sports etc. should be a part of the school
curriculum as they help students in better time management, improved
organizational skills, boost in self-esteem, etc.
• There should be adoption of digital education through modern teaching aids,
tools etc. such as smart classrooms and digital course content.
Schools not only impart education to students but also act as a bridge between an
individual and the society. They aid in dissemination of knowledge, development of
personality, promotion of secularism, etc. Thus, efforts should be taken to qualitatively
transform state-run schools.

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16. A state has been notorious for high rate of crimes and illicit activities. An understaffed Student Notes:
police force along with sheer volume of criminal instances makes it difficult for police
to duly investigate and pursue all cases till their logical end. The criminal justice
system is also burdened and it takes years to deliver justice. Given the nexus between
criminals and politicians, it is difficult to conduct investigation without external
influences. A sense of lawlessness has prevailed in the society. In this backdrop, it has
been observed that police has been resorting to increasing number of encounters of
alleged criminals rather than catching them and follow due process. Popular public
sentiment is also supportive of this method and the result has been a general
declining trend in crime. Given this scenario, answer the following questions:
(a) Analyse the issue from different ethical perspectives.
(b) What could be the effects on the police administration and the society of such a
strategy?
(c) As an advisor to the Chief Minister of the State, what advice would you give to
improve the law and order situation?
Approach:
• Briefly give the overview of the problem stated in the question and analyse the
case study from different perspectives.
• Highlight the effects on the police administration and the society.
• Suggest some practical and relevant measures for improving the law and order
situation of the concerned state.
Answer:
Governance demands results. It is often alleged that the complex set of rules and
procedures compromise the ability of the executive to achieve them. Maintaining law
and order is a crucial task of governance. The break down of law and order depresses
the social sentiments and badly affects the economy of the country. In the quest to
show results to the society, in this case, an improving law and order situation, the state
and its agencies can switch to short-cuts. A misuse of law, such as firing in self-defence,
can thus be exploited by the police to pursue lethal means against alleged criminals.
However, restoring law and order through extra judicial means flags many ethical
concerns.
(a) From the perspective of justice, a criminal has right to be heard and the
punishment for the crime can not be more than what is codified in the law of the
land. Extra-judicial killings abridge the constitutional rights of an individual.
• It does not increase the happiness in the society in a sustainable manner. In the
long run, it results into lawlessness, illegal killing, many times of innocents, and
breakdown of administrative machinery. Thus, it is unethical from utilitarian
perspective.
• From deontological perspective, an ethical act is one which can become a
universal law and can be applied in all the similar cases. Extra judicial killings
cannot become universal because it violates the basic values of democracy.
(b) Effects on police administration – In the short run extra judicial killings may seem
to have some positive effects on the police administration. It gives flexibility to the
police administration, infuses fear among the criminals and dampens the crime
rate. However, in the long run it has the following negative effects.
• Police becomes inhuman, brutal and insensitive to the people.
• It gradually erodes the faith of people in police system and makes them
suspicious of police actions.
• It hampers the discipline in police administration.

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• It provides slippery slope to officers and results in dereliction of duty. Student Notes:
• Due to this police officers imbibe vices.
Effects on the society – Prima facie it seems be a silver bullet against crime. It
lowers the crime, give satisfaction to family of victims of crime, creates sense of
safety and security in the society. But, it has the following negative effects on the
society.
• More often than not, the victims of fake encounters belong to minority or
social disadvantaged section of the society. Thus, such strategy destroys the
social fabric of the society.
• It creates fear psychosis among people.
• It hampers the faith of people in the judicial system and ultimately in the
democracy.
• It can create the culture of violence in the society.
(c) As the advisor to the Chief Minister I would suggest the following measures for
improving the law and order situation of the state-
• Separation of investigative and law & order maintenance function of police.
• Measures to incorporate accountability at all levels, combined with a freedom
to take desirable and just actions swiftly.
• Implementation of Supreme Court directions on police reforms as enunciated
in the Prakash Singh case, especially which shield the police from unnecessary
political intervention.
• More fund should be allocated for the police and judicial reforms.
• More people should be recruited in existing under staffed police
administration.
• Equipment, service condition, training should be modernized so that criminal
investigation can be done in a professional and timely manner.
• Transfer, posting and promotion should be done in a fair, transparent and non-
partisan manner for insulating the police from political-criminal nexus.
State should focus on economic development and employment generation so that
prosperity can dampen the crime in long run.

17. Mr. Pradeep is a senior civil servant in the central government and is involved in the
budgeting department. In the course of performing his duties, he comes to know
about diversion of funds earmarked for SC/ST sub-plan for other purposes. While he is
not directly responsible for this aspect of the budget, he raised his concerns to the
department concerned. He also learns that the minister responsible as well as senior
most civil servants are aware of the practice and have given tacit approval for it.
Soon thereafter, Pradeep was summoned to talk on the issue and was told that since
the matter is not within his jurisdiction, he should ‘keep his nose out of it’. After much
soul searching, Pradeep decided to obey his supervisors by leaving the matter alone.
Based on the information given, answer the following questions:
(a) Elaborate on the internal dissonance that Pradeep faces in the given situation.
(b) On what basis can the decision of Pradeep be justified?
(c) Had you been in Pradeep's place, what would have been the course of action
chosen by you? Recognise the merits and demerits, if any
Approach:
• Briefly give the facts of the case.

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• Highlight the problems faced by him in taking decisions. Student Notes:
• Discuss the ethical dilemma faced in taking decision.
• In the last part, give a step by step course of action, with arguments. Mention the
ethical values addressed by undertaking the approach you suggest.
Answer:
The case involves a situation where an experienced civil servant finds about diversion in
expenditure for purposes other than it was authorized for. Despite reporting this
misuse, he has been asked to keep himself out of it. The dilemma he faced is that taking
action against mismanagement or let it continue as it is.
(a) Since Pradeep is a senior civil servant in the central government and is involved in
the budgeting department, so it is his duty to ensure effective functioning of budgeting
process.
On the other hand, he is also beset with the following concerns:
• Matter not within his jurisdiction.
• Obeying the advice of seniors – they are more experienced. Also there might be a
concern about progression of career in case of not obeying.
• He lacks courage and integrity to uphold what is right, though being honest.
So he faces an internal dissonance - is his inaction justified in the name of departmental
duty or should he be stronger and report the wrongdoings?
(b) On what basis can the decision of Pradeep be justified?
Basis of his action:
• He gave more importance to his departmental duty and internal experience over
fundamental values of civil services, such as integrity and objectivity.
• He might have reconciled with the proposition that funds are not being used for
personal gains, but are only being diverted for other expenses. This is a common
practice. For e.g. funds meant for SC/ST sub plan are many a times used in
education, health and sanitation, which may not be specific to SC/ST welfare but
have common impact on everyone.
• He might have evaluated the possible risks to his career and come to a conclusion
that not following the instructions might have a negative consequence.
His action can’t be justified because being a civil servant one is expected not only to be
honest, but also must have integrity to uphold what is right. Therefore, tacit approval is
akin to lack of integrity and probity in public life.
(c) Had I been in Pradeep’s place, I would have tried to bring the diversion of funds to
the notice of the government. I would have ensured that the fund is spent according to
the budgetary allocation.
If there was any merit to my seniors or ministers’ claims, it must have been given in
writing rather than orally. Discretion is an important part of performing duty, but it
cannot become a conduit for diversion of funds. I would also have involved the
requisite ministries so that internal pressure is built up for proper utilization of funds.
Merits:
• I will perform my public duty by ensuring that fund is used only for the purpose for
which it is allocated.
• It will ensure effective functioning of budgeting process and will uphold the
financial integrity of the government.
• It will ensure full availability of funds required for the growth and development of
weaker sections of the society.

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Demerits: Student Notes:
• I will undermine the orders of my supervisor thus amounting to in-subordination of
authority.
• An accepted and common but illegitimate practice of fund diversion might create
an unnecessary political trouble.
Justification:
• I should uphold my public duty without fear or favour and ensure financial integrity
of the budgeting process.
• The Fund should be utilized as per the allocation sanctioned by the Parliament. Any
diversion of fund amounts to the breach of the Parliament.
• It will impact the growth and development of the weaker section of society. My
action will help in achieving the larger objective of social justice.
So it becomes my responsibility to perform my constitutional, legal and moral duty.

18. You are a young athlete representing India at an international-level competition.


During the competition, you witness a few senior athletes injecting something using a
syringe, in private. When you approach them, they explain that it is a performance
enhancing drug, which is very common in such competitions and you should take the
same as well. You are in fear and decide to approach the coach to discuss the event
you witnessed. However, you get to know that the athletes are taking the drug at the
advice of the coach himself.
(a) What would you do in this scenario? Discuss the options available to you and
chart your course of action.
(b) Why do you think use of unfair means to enhance performance is common in
competitive sporting event? How can this practice be minimized?
Answer:
The above case study represents the classic case of means (unethical) vs ends (winning)
ethical dilemma. Use of performance enhancing drugs makes a mockery of a
competition.
Issues with the case-
• Legality of the use of the performance enhancing drug, which is listed in the
WADA/NADA’s list of banned substances or not.
• India’s image may get tarnished further, as it has consistently been listed in the top
10 violators of WADA’s anti-doping guidelines in the last few years.
• Lack of awareness or lackadaisical attitude of the athletes regarding punishments
for using such drugs.
• Unethical practices propagated by the coach, who is supposed to ensure sports
ethical values of honesty, hard work and dedication without shortcuts.
(a) In such a scenario, I will first clear my conscience regarding any doubts about
following the advice of the athletes/coach. This might be against my value system
imbibed in me by my parents as well as my coach.
So, following in the footsteps of senior athletes is not an option for me. Other options
are:

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Option #1 Student Notes:
Warn the athletes/coach against using such drugs in the future.
Merits
• Gives a choice to the fellow athletes before complaining.
• Resolution of the issue at the team-level.
Demerits
• Warning may not be taken seriously.
• Coach may punish me on disciplinary grounds to silence me.
• Doping may get detected if they participate in the competition.
• Unfair competition.
Option #2
Complaint directly to the higher authorities accompanying the contingent
Merits
• Fair competition Higher authorities may appreciate the swiftness of my complaint.
Demerits
• No chance to the athletes/coach to explain their actions.
• Innocent athletes may get framed as well.
• Higher officials may also be involved along with the coach.
Option #3
Complaint after the competition is over
Merits
• Performance of the team will not be affected in the competition.
• Provides ample time for assessment of my options.
Demerits
• Athletes/coach may deny the wrongdoings.
• Non-resolution of my fear and conscience crisis during the competition.
• Doping may get detected, which will tarnish India’s image globally.
My final course of action would be guided by my belief in Gandhian ethics i.e. “Be the
change you wish to see in the world”
• Firstly, I’d try clear a few doubts by obtaining the firsthand information i.e. whether
the drug being used is banned or not as well as affirming the role of the coach and
other members in it.
• Then, I would try to persuade the fellow athletes to stop the drug’s use, as it is
illegal and goes against sports ethics. I would try to convince them that it can be
detrimental to both their careers and India’s image.
• In case they disagree, I would warn the coach of about possible punitive actions
against the ongoing malpractices.
• If the coach ignores my warning, I would be left with no choice but to write a
written complaint mentioning the use of illegal drugs to-
o Team managers and SAI officials accompanying the contingent.
o Minister and MoS of Ministry of Youth Affairs and Sports.

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(b) Reasons for common use of unfair means in sports: Student Notes:
• Individual factors- desire for winning, improvement, pain management, recovery,
career longevity and economic gains.
• Legal factors- weak implementation of anti-doping laws/rules by domestic sports
bodies and lack of awareness about the rules.
• Systemic factors- historical prevalence of doping in sports, weak anti-doping
infrastructure, sport governance systems i.e. organised systematic doping in some
countries, role of coaches etc. for ex. controversy regarding disqualification of
Russian athletes from Rio Olympics.
• Socio-cultural factors- social background and experiences, team/club/sport culture,
perceived efficacy of anti-doping system, and so on.
• Cut throat competition.
Steps to minimize this practice:
• Preventive steps
o Spread awareness regarding side effects and related punishments for doping
violations, especially at the grassroots level.
o Simplify rules, laws and list of prohibited substances.
o Cultural change at both domestic level and sports level. E.g. High use of doping
in athletics and cycling must be addressed
o Support and protection for whistleblowers.
o Improve drug testing technology and increased reliance on investigation.
o Invest more resources in Anti-doping agencies.
• Punitive steps
o Strict enforcement of Anti-doping laws at domestic levels. E.g.- strict testing
policy with random but frequent tests of athletes.
o Ban countries accused of corruption to cover up anti-doping violations.
o Banishment of coaches involved in it.
• Promotive steps
o Advocating best practices and encourage countries to adopt them.
o Factor in ethical conduct and doping rankings in funding mechanisms.
• Other steps
o Easier and cheaper appeals to protect innocent athletes.
o Therapeutic Use Exemption (TEU) certificate to protect those athletes who have
a genuine medical condition with no alternative drugs/treatment.
Universalize the application of athletes’ ‘biological passport’

19. Rapid growth of information and communication technology, with all its benefits, has
associated risks and far-reaching consequences. The government has constituted a
committee to frame guidelines for an inclusive and safe cyberspace in India. The
committee has solicited public opinion in this regard. As a concerned citizen, you have
to give your suggestions on the following themes:
(a) Why do you think some people or a set of people are more vulnerable to cyber
threats with special emphasis on cyber-bullying.
(b) Do you think the experiences and exposure in cyberspace are an important
influence in a person's attitude and behaviour?
(c) What reasonable restrictions can be applied to make cyberspace more safe and
friendly to all citizens?

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Approach: Student Notes:
• Briefly define benefits and risks posed by ICT.
• State the groups/set of people who you think are vulnerable to cyber-threats
especially cyber-bullying with reasons.
• Discuss whether experiences and exposure in cyberspace are an important
influence in a person's attitude and behaviour.
• List reasonable restrictions that can be applied to make cyberspace more safe and
friendly to all citizens.
Answer:
ICT has a significant impact on the economic, political and social dimensions of
development. It has enhanced economic activity, empowered individuals by ensuring
their participation in decision-making processes at various levels and exposed diversity
of views. However global nature, speed, convenience and anonymity offered by ICT is
being misused to create numerous threats such as cyber-bullying, cyber-grooming,
hacking, pornography, radicalization, intimidation, breach of privacy, reputational loss,
identity theft etc.
a) Cyber-bullying which refers to use of internet or mobile technology to intentionally
harass or bully someone by sending rude, mean or hurtful messages, comments
and images/videos. A cyber bully can use text messages, email, social media
platforms, web pages, chat rooms etc. to bully others. While all ICT users are at risk
of facing cyber threats, there are some social groups that are more vulnerable to
cyber threats like:
• Women: Cyber crimes against women are rooted in stereotypes about gender
roles, sexuality and sexual norms for women. Women are victims of cyber
bullying that includes non-consensual sharing of intimate images, unsolicited
sending of sexual and pornographic images and other forms of cyber bullying
entailing sexualised behaviour.
• Children and teenagers: Due to their experimental mind-set and limited
understanding of cyber threats, they are particularly vulnerable to cyber
threats like cyber bullying. Those with learning and attention issues are at a
greater risk. It may have physical, emotional and psychological consequences
and may lead to school dropout and depression.
• Youth: The youth are vulnerable to online radicalization, allurement to online
high paying jobs etc. A study in the Journal of Medical Internet Research
revealed that children and young people under the age of 25 who are victims of
cyber-bullying are twice as likely to commit suicide.
• Celebrities: Celebrities especially female ones are targeted victims of body
shaming, racial slurs, stalking, cyber-bullying for their appearance, work, social
life etc. Consequences include forceful exit from social media, mental and
psychological stress and even suicide in some instances.
Besides, late introduction to technology, information asymmetry and behavioural traits
such as unwillingness to use complex passwords etc makes the elderly and digitally
illiterate sections of the society are also increasingly vulnerable to cyber threats.

b) The development of services and products such as social networks, text


messengers, gaming sites etc. in the cyberspace affects attitude and behaviour by
harbouring flow of both desirable and undesirable things.
Such services have the ability to exert credible influential power on their users. For
instance, information provided to individuals over a group on social media is
personalized, timely and usually comes from a trusted/known source. People in

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such a closed group may share similar worldviews and thus the information shared Student Notes:
gains legitimacy. Thus, a form of ‘Groupthink’ can develop and strongly influence
the group’s perception of events and opinions (social, political, economic).
The emergence of online communities/groups have led to the normal process of
information verification (i.e. identifying reliable sources) being replaced by
‘network wisdom’ (i.e. wisdom of the group network whose legitimacy is perceived
to be higher). Radical groups and even political parties use their innate flexibility to
exploit situations, misrepresent and change perceptions. For instance, circulation of
morphed images related to violence against Muslims in Assam in 2014 when in fact
there had been no such instance.
The concept of “Digital bedroom” has pervaded the mind space of children;
wherein childhood is significantly mediated through the internet and social media
and leads to increased isolation in real life. Online games are known to normalise
violent behaviour and specifically impact behaviour of children.
c) Reasonable restrictions that can be applied to make cyberspace more safe and
friendly
• Providing technological options to restrict access to social media sites to
vulnerable groups like children.
• Restrictions on broadcasting fake/unverified news especially when law and
order situation warrants so.
• Strict compliance of anti-piracy laws and mandatory compliance audit of major
social networking sites.
• Cyber authorities should use the same medium to provide correct information
and nip rumors in the bud itself.
• Mandatory online content rating system to classify content with regard to
suitability for audiences in terms of issues such as sex, violence, substance
abuse, profanity, impudence or other types of mature content.

3. Attitude and Behaviour


20. A common sight in India at traffic signals, railway stations and urban markets, is that
of a destitute woman, begging, with a child in her arms. At times, out of pity or out of
fear, from being cursed by God, or out of irritation, we tend to give them some coins
or money and drive them away. In this context, bring out the ethical issues associated
with beggary. Indicate the socio-economic reasons behind it. Also, discuss the
attitudinal aspects of people towards beggars. What feasible steps can be taken to
effectively control this serious problem of our country?
Approach:
There are four sub-parts of the question.
• First, explain the various forms of begging relating it with poverty.
• Then discuss the ethical concerns related to begging.
• Discuss the various attitudinal aspects of people and the source of such attitudes.
• In last part of question discuss the need of a multi-pronged strategy to tackle this
issue.
Answer:
India is seen as the world's next economic superpower, but there is darker side,
begging, which successive governments have not been able to eradicate from the land.
Begging raises various ethical concerns:

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• Existence of widespread begging including physically disables, children, women Student Notes:
among other vulnerable groups, raises questions on outcomes as well as
commitment of government’s policies to tackle poverty.
• Begging remains a hugely profitable venture for mafia groups, which in turn work
on more anti-social aspects creating and maintaining the existing inequality and
crime.
• Kidnapping and maiming a minor for the purpose of begging is prevalent in India.
Socio-economic reasons behind begging:
• Beggary is a result of economic exclusion in the run up to the progress and
development. Unplanned urbanization has contributed in a great way to beggary
having increased in cities and metros. Causal factors could be under-employment,
unemployment or poverty.
• Begging in India has become a big racket in the country. For many, begging is just
like any other profession. The gang leader keeps the larger share. These beggars are
so involved in begging that they don’t want to work elsewhere.
• Physically handicapped are forces to beg due to serious apathy by society as well as
government policies.
Attitude of people towards beggars:
• People with religious frame of mind give alms to beggar out of fear from God or
they consider doing so a religious responsibility. Thus the number of beggars at
worship places are the highest.
• Many consider begging as a scam and refuse to give anything to beggars. Such
attitude stems due to believe that beggars are in fact lazy and turn to begging
because it is easy way to earn money.
• While some people provide pennies to beggars with physical disability or very old
person who are not able to work.
• Many just want to get rid of them and out of irritation or anger give beggars some
money to drive them away.
With the nation aspiring to achieve world standards in every field socio-economic
measures are needed to curb the begging problem in India. The solution calls for a
comprehensive programme and reorientation of the existing programmes. The
eradication of begging problems is closely inter linked with poverty alleviation
programs. Beggar children should be provided free education under RTE act and a close
monitoring on their education status is required. Government should come down
heavily on mafia organizations who are responsible for wide spread begging in this
country. And most importantly, philanthropic approach to beggar problem should be
complimented with therapeutic and rehabilitative work.

21. In your personal life you are a religious person and strongly believe in the
preservation of socio-cultural beliefs. Your recent posting as an IPS officer has brought
you to a district with a widely revered shrine. Shortly after you take charge, you find
considerable tension building up in the district on the question of women's entry in
the shrine. In this backdrop, the Supreme Court has ruled in favour of women being
allowed to enter the shrine. You are aware that there is considerable resentment
against the decision. Additionally, several political parties, religious bodies and
groups have launched a campaign to defend the tradition. In few weeks the
traditional annual pilgrimage to the shrine is going to commence. You suspect that if
the situation is not diffused it might lead to law and order problems.
(a) What are the key issues at stake here?

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(b) Do you see any dilemmas in the unfolding situation? Student Notes:
(c) In this context, what steps would you take to discharge your duties?
Approach:
• Briefly highlight the key stakeholders involved in the case study.
• Discuss the key issues involved in the case study.
• Discuss the ethical dilemmas involved in the case study.
• Discuss the steps which you would take to discharge your duties.
Answer:
The current case involves a situation where personal beliefs of a civil servant may
induce him/her to act in a partisan manner as well as keep him/her in contravention of
their duty to uphold duly passed decisions. Where as on one side, a person may
strongly argue about correctness or wrongness of a decision, but as an officer
appointed to uphold that very decision, it is the duty of a civil servant to carry it out in
the most effective manner. The given case also revolves around the contradictions
within our society where strongly held religious beliefs may have an apparent or a real
conflict with constitutional values.
Stakeholders involved: People who want to uphold the traditions; activists who want to
ascertain their fundamental rights; people directly involved in administration of the
temple such as priests; women as a whole group; authorities responsible for execution
of court order, primarily the government of the state and the common citizens in
general.
(a) Key issues involved:
• Public especially women Safety: As Supreme Court has allowed entry of
women into temple, it is the duty of administration to ensure safe and secure
passage of women into temple and respect the mandate of apex court,
otherwise it would be unwise to allow women to enter the shrine where there
is a possibility that she can be harmed..
• Political pressure: Since several political parties and religious denominations
have launched a campaign to defend the tradition, providing safety and
passage to women demands standing tall against powerful pressure groups. .
• Law and order: Due to commencement of traditional annual pilgrimage to the
shrine, mass inflow of pilgrims can make law and order problem even more
complex.
• Personal beliefs: The call of duty demands taking certain measures which may
go against your personal belief that favors preservation of socio-cultural beliefs.
(b) Ethical dilemma involved:-
• There are clear directions from the court regarding entry of women in the
temple. As such, there is little choice before the office but to uphold the order
with full sincerity. Therefore, there seems no ambiguity about the course of
action that has to be taken and as such, there cannot be any dilemma resulting
in inaction. Still, at the subconscious level, an officer will experience
dissonance. This can result from various conflicts, such as:
o Freedom of religious affairs v/s right to equality.
o Challenge to the faith and deeply held beliefs..
o Reasonably differentiating practices which are actually discriminatory v/s
those that can be defensible in a plausible way. Preservation of cultural
identity and the conflicts it can raise with liberty, justice and equality.

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(c) Steps that would be taken as a part of duty:- Student Notes:
• Inform district authorities about the above problems and brief them in advance
about the potential conflicts.
• Make adequate arrangements to ensure security of people who want to enter
the shrine and uphold the SC order
• Call a meeting in advance with all stakeholder and clearly communicate to
them about the duty of police force and the need to implement the order in-
toto.
• Request district administration to be prepared with emergency measures such
as closing of schools or specific sections in the city in anticipation of situation.
• Ensure proper security arrangements at the temple and regulate the flow of
pilgrims.
• Optimum deployment of security personnel for controlling any act of violence
and ensuring swift action if violence erupts.
• Appeal and strict warning to every citizen in the area to refrain from any
violence around temple.
• Special protection guidelines will be given to protect women, children and
elderly, if violence erupts.
• Another layer of security arrangement will be done for temple people and
temple property to avoid any further damage.
• Involving the concerned political parties, religious groups, media and NGOs
working in the area to prevent any violence.
By doing so, I would have demonstrated my commitment to duty. taking the decisions
objectively and handling the crowd with emotional intelligence will be the key to
maintain an atmosphere free of violence. The overall situation will also give me the
opportunity to resolve any internal dissonance that I may have and learn from the
situation, so that I can better serve the people.

22. You are the dean of an engineering college. You have received a complaint regarding
prejudice against students from lower castes by some senior professors. These
professors have contributed a lot academically to the university. However, this
particular instance has disturbed peace and harmony in the campus.
(a) Discuss the immediate steps you would take to contain growing discontent
among some students.
(b) Discuss the action to be taken if the professors are found to be guilty and also
evaluate the steps if it comes out to be a false case against the professors.
(c) What should be the responsibilities of professors and students to create positive
social ambience in the campus?
Approach:
The case is about social discrimination- perceived or actual. The answer should be
written from the perspective of the Dean and not any other party.
• List the facts of the case.
• To clarify the course of action, list the priorities. Mention the constitutional values
and your duties as a dean.
• One must choose the right course of action and make it acceptable to all. As such,
whatever course you choose, there should be accompanying explanation about
how to convince others about it, i.e. you should address the demerits.

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Answer: Student Notes:
(a) Facts of the case are:
• There is a complaint against some senior professors for their prejudiced treatment
of students of lower castes.
• The peace and harmony in the campus is disturbed.
There is discontent amongst the students about the treatment of some of their fellows
by the professors. As a dean, my immediate responsibility would be:
• To ensure that no untoward incident occurs in the University, i.e. peace and
harmony is maintained.
• To make sure that both the constitutional values of social equality and presumption
of innocence unless proven are protected.
Steps needed to be taken:
• Students should be pacified first. Foremost, audience should be given to the
student leaders and their grievances should be noted. They must be assured of
swift redressal.
• An enquiry should be ordered into allegations. The panel of independent experts
should be appointed in consultation with student representatives. It should be
made sure that it submits its report in a time-bound manner.
• Help should be sought from student union president /office bearers to reach to
student community and maintain tranquility and peace.
• Students should also be given warning of not taking the law into their own hands
and demanding mob-justice. Acts of indiscipline and ruckus on campus should not
be allowed to take place.
(b) Maintaining the dignity and credibility of institution among students and academic
ecosystem should be the priority of any office bearer of educational institution.
Discrimination on the basis of caste is a breach of fundamental right of an individual. As
a dean of the university, I must protect as well as be seen to protect the values of social
justice and equality.
In case the committee after giving both parties opportunities to present their case,
finds the professors guilty:-
• Immediate suspension and disciplinary proceedings would be ordered for such
conduct. It is of little consequence whether they have contributed academically or
not. In fact, as a senior faculty, they must have been more responsible for their
conduct with students.
If they are not found guilty:
• Students should be asked to explain why disciplinary proceedings should not be
initiated against them. They must be given the opportunity to apologize before any
disciplinary proceedings are initiated.
(c) An educational institution is not merely a learning center. It is also a place of
interaction of students from various cultures and backgrounds. The college
administration as well as the professors must make special effort that a positive social
ambience is maintained at all times in the University.
Administration/Professors’ role:
• Have to be impartial in their treatment of students. Decisions such as mentoring of
students should be done according to the merit of the project and not on perceived
capability of the student, especially by factoring in of caste.
• Providing equal accessibility to all would help in maintaining trust.

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• Giving mental and psychological support to the students who are vulnerable and Student Notes:
deeply sensitive to such issues.
• A vigil should be kept on those elements which try to foster discontent and exploit
social divisions to their vested agenda.
Students’ responsibility:
• Not engaging in divisive university politics but keeping the administration abreast
with the issues they face in a democratic and harmonious manner. Student union
must be active and address grievances of students without aggravating the
situation.
The students must not take law into their own hands and concentrate on their studies.
However, high quality teaching from the professors is one important thing that can
keep them engaged.

23. You have been recently posted as Superintendent of Police of a district which has a
famous temple. Shortly thereafter you found that there is considerable tension in
your district on the issue of allowing entry of women in the temple. The women were
trying to break the allegedly 400-year-old tradition of the temple, which banned
women from entering its inner sanctum. Recently a 350-strong group of women was
stopped by the the temple administration from entering the temple. This led to a
scuffle wherein few women participating in the protest were manhandled. There is a
pressure on you from local politicians who want you to prevent any such forced entry
as elections are approaching.
(a) Do you think there is a dichotomy between progressive values guaranteed to
women by the Constitution and regressive traditions which continue in the garb
of religion? How can this dichotomy be resolved?
(b) How would you manage the law and order situation created by the forced entry?
(c) How would you manage and mould patriarchal attitude of the temple
administrators and male elders to ensure harmony.
Approach:
• The answer should first give a brief introduction of the case and issues involved.
• Then it should explain the apparent clash between constitutional values and
regressive traditional value involved in the case.
• Then it should bring out the steps required to manage the law and order situation.
• At last it should explain the measures required for changing patriarchal attitude of
the elders.
Answer:
In the past decades women have broken many traditional barriers. Be it entry to politics
or elevation to higher echelons of corporate world, women have made their presence
felt in every walk of life. Yet, there are few areas where discrimination still exists. Most
prominent among these is religion. Although women in ancient Vedic times were given
equal status in religious ceremonies but slowly there emerged few traditions that
discriminated against them. The ban on entry of women in the inner sanctum in various
Indian temple is one such example. These issues pertain to socio- religious sphere of life
which raises emotions among common masses as religion is considered to be sacred.
Therefore handling such issues require emotional intelligence and tact.
(a) The values of the constitution are enshrined in the preamble to the constitution.
These values are equality, freedom and justice. In the above case there is apparent

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conflict among these values and also between traditional cultural values and Student Notes:
constitutional values.
• Constitution guarantee of personal freedom v/s religious freedom
• Modern notions of justice and equality v/s older religious practices.
According to constitution law, which is supreme, unless temple has the constitution
right to prohibit women, it cannot prevent women from entering the temple.
This dichotomy can best be resolved by socio-political movement which will raise the
consciousness of the masses against the alleged prejudice and discrimination. There is
also a need for religious reform movement which should align religion with changing
times, otherwise contradictions between modern notions of justice and fairness would
be in conflict which religion.
(b) Maintaining Law and order would be my first priority.
• I must refrain from making any adverse distinctions against, or giving undue
preference to, individuals or groups of individuals. Neutrality must be my supreme
value.
• I would separate the two sides and try to talk to them so that the both sides are
heard.
• If there are no specific laws which restrict women entry I would make the villagers
aware of this. At the same time I would warn them about any use of force against
women.
• If situation is out of control I would detain leaders from both the sides. This will
avoid any escalation of the conflict.
• If situation demand, prohibitory orders can be placed in and around the temple till
elections, which can help in buying time.
(c) Patriarchal attitudes cannot be changed overnight. Following steps are needed:
• Traditional notions of purity and impurity of menstruating women should be
challenged. This can be achieved through sex education.
• Few liberal religious leaders can be roped in for a campaign strategy for creating
awareness against such discriminatory practices. This would persuade people
because the source of the message will have more credibility than district
administration.
• Ancient texts which exhort equal status to women can be distributed among passes
and local media can be roped in spreading awareness.
• Religious tolerance should be promoted by the religious leaders.
Courts can be approached against alleged discrimination and fear can be used against
the village elders to persuade them to agree to the entry of women.

24. You are appointed as the principal of a school, which is located in a backward district.
A colleague brings to your attention that a group of boys indulge in smoking during
school hours within the vicinity of the school. The same group has also repeatedly
been caught consuming alcohol in the school premises. No form of punishment seems
to be effective while dealing with this particular group.
Upon investigation, you find that the boys belong to low-income families and have
picked up the habits from elders at home and neighbours. The teachers are concerned
about the effect it will have on other students. You also realise that this problem has
to be addressed as quickly as possible. In this context, answer the following questions:
(a) Identify the factors that make young people take up such harmful habits? What is
the role of educational institutions in inculcating right habits among the students?

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(b) How would you address the immediate issue? Analyse the options available to you Student Notes:
in this regard.
(c) How will you bring about a behavioural change among students in this case?
Approach:
• State the factors that make young people take up harmful habits
• Mention the role of educational institutions in inculcating right habits among
students:
• Discuss how you would address the immediate issue as a principal and assess the
options
• Discuss ways to bring about a behavioural change among students in this case
Answer:
(a) The factors that make young people take up harmful habits are:
• Exposure to tobacco advertisement and product placement, easy availability of
tobacco products.
• Emulation – whether it is following someone they look up to, public idols, etc.
• Lack of awareness and understanding about theThey do not realise the extent
of consequences of smoking especially with regard to personal health.
• Peer pressure and the desire to look mature, independent, act rebellious etc.
• Hardships due to poverty and familial problems at home.
Role of educational institutions in inculcating right habits among students:
• The considerable amount a child spends in educational institutions can be
constructively used to develop personality of a child, socialize them and impart
value and health education.
• Identification of children who show signs of attraction to undesirable and
harmful activities and counselling them to take decisions in their best long term
interest.
• Policies may be developed to respond to bad habits and prevent them.
• Providing learning resources or curriculum support.
(b) Addressing the immediate issue:
The immediate issues to be addressed include:
• Correcting the behaviour of students and inculcating right habits in them.
• Keeping the confidence of other students, staff and parents of children about
the environment in the school.
• Ensuring that any action against students does not result in they opting out of
school.
• Protecting the reputation of school
I have the following options:
• Ignoring the issue- This will make the concerned students habitual to breaking
rules and will push them further into tobacco/alcohol use. If these students are
not prohibited effectively, other students may also take up addictive habits.
The reputation of the school will also be undermined. Also, it will have long
term negative socio-economic consequences for the concerned families and
the society.
• Punishing the guilty students/dismiss them from School-It will be a too harsh
punishment considering the socio-economic realities of these students. This
may force them to abandon their education midway.

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Punish them and direct all efforts at reforming them. Student Notes:
• Disciplinary action for smoking and seeking professional health counselling.
• Informing the concerned guardians and educating them about the seriousness
of the issue.
I would opt for the 3rd option. Also, I will take steps to disseminate information
about the harmful effects of such habits in school through presentations, plays,
etc. and would ensure that “no to addictive substances” policy is strictly adhered to
in and around the school premises. Steps can also be taken to inculcate a course on
desirable social behaviour in the curriculum of the school.
(c) For behavioural change, the following measurements need to be adopted:
• Organization of school-based tobacco use prevention programmes with the
help of NGOs and local media.
• Preventive Programme training for teachers and guardians.
• Encouragement and support of cessation efforts among the student body and
the teaching staff that focuses more specific attainable goals.
Developing and inculcating constructive hobbies among students.

25. As the District Magistrate you are posted in a district that had been infamous for girl-
child marriages. The government introduced a contributory scheme two decades ago,
where the government contributed the same amount as the parents, into an account,
for their girl child of age 0 to 7 years. The total sum could be withdrawn only when
the girl turns eighteen and is unmarried. Due to this scheme, a new pattern has
emerged. All girls are married as soon as they turn eighteen and incidents of dowry
have increased substantially – because the community customs require paying the
sum commensurate to the age of the girl. Further, parents now tend to save money
for the scheme instead of investing in girl’s education. As the local administration
tries to tackle the current situation it looks up to you for ideas and leadership:
(a) Identify the factors, which have led to such outcomes.
(b) Devise a strategy, keeping in mind the multiple aspects of the situation.
Approach:
• Briefly introduce facts of the case, the stakeholders involved, and larger picture
therein.
• For part (a), enlist the reasons behind the current situation.
• For part (b), enlist the multiple aspects. Outline the strategy to address the
situation.
Answer:
The given case study shows how a well-intentioned scheme can lead to unintended
outcomes. Here, the intention to curb girl-child marriages without any components for
societal changes intensified the quantum of dowry demands and lack of education for
girl child. Here, materialistically, the young girls, their parents and the government
emerge as the stake-losers while the prospective husbands and in-laws become the
stake-gainers. At a lesser materialistic and higher ethical plane, the society emerges as a
stake-loser, when one sees the larger picture.
• The letter of the scheme was upheld while the spirit was not conveyed well.
Inferring from the given facts of the case, following are the plausible factors for
such outcomes:

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o The scheme lacked the component to bring in change in the thought-process of Student Notes:
the given community.
o There was no component for educational, financial and social empowerment of
girls.
o The sensitivities of the given community towards marriage age of girls was
overlooked while designing the scheme.
o Dowry discouragement was not the part of the scheme.
o The focus was simply on increasing the age of marriage and bereft of holistic
approach.
• As the District Magistrate of the given community, one would like to adopt an all-
inclusive strategy, engaging various government departments as well as non-
governmental bodies. Multiple aspects of the situation, along with the strategy for
their redressal are discussed below:
• Tweaks in the given scheme: Financial incentives were designed as a means to
change attitude. Tweaks in these incentives through regulations can be introduced.
For e.g.:
o Not more than, say, 50% of the amount will be released when the girl turns
eighteen, if the purpose is anything but higher education.
o Bonus of 20% will be awarded if the amount is withdrawn for a girl of age 21 or
more and who has finished graduation.
Measure to change in community’s mindset towards girls:
• Public campaigns about the women empowerment going beyond the role of
women as a mother, wife and daughter and focus on their role as a decision-maker.
• Invitation to women leaders to speak at various forums in the districts – school/
college events, community events etc.
• Quarterly rewards for women achievers of the district.
Emphasising importance of education and skill development of girls:
• Enrolment and attendance of girls at all levels of school education.
• Constitution of scholarship for higher education.
• Vocational skill development of girls by short-term courses in tailoring, home décor,
beautician etc. to make them financially empowered.
Dissuasion of dowry demands:
• Tightened implementation of anti-dowry laws.
• Association of ‘shame’ element with dowry, for the grooms – by introducing such
chapters in primary and middle school education.
• Incentivization and identity-protection of the volunteers who disclose dowry cases.
The larger picture involves embedding gender equality and educating one and all, to
address the given problem for good. Short-term steps will help address the symptoms
along with long-term strategy to make the progress sustainable.

26. You have been appointed by Election Commission as a booth level officer to oversee
the conduct of elections in a remote and under-developed area. For the preparations
of elections, you have been instructed to ensure maximum voter turnout. For this, you
conduct a series of meetings with the people in villages encouraging them to vote in
large numbers. However, they confront you with the fact that despite so many
previous elections, the promises made by representatives remain unfulfilled and even
the basic necessities of livelihood are not available. As such, they are ignorant of your
appeals and are subsequently not forthcoming even to listen to you, let alone giving
assurances to vote. Based on this information, answer the following questions:

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(a) Identify the stakeholders in the situation along with their interests. Student Notes:
(b) What are the factors that you will take into account to convince the people and
ensure maximum voter turnout?
Approach:
• Briefly outline voters’ low turnout as one of the challenges for effective functioning
of democracy
• Identify all the stakeholders, at micro and macro levels, along with their interests
• Highlight all the factors that you will consider to convince people to vote
Answer:
Democracy is essentially about the institutions that are directly or indirectly served for
and by the people. In this, voting is the first step towards constitution of such
institutions. Yet, due to inherently slow-progressing nature of democracy, at times, the
public deems voting as an exercise in futility. The case study at hand depicts the same.
(a) The following stakeholders have been identified in this situation, along with their
interests:
• All registered voters of the village: All registered voters must vote, as only
when they choose their representatives, development indicators will improve.
Special groups of voters include:
o Women and youth – Since the Systematic Voters' Education and Electoral
Participation (SVEEP) Plan of ECI focuses on women and youth to come out
in large numbers to cast their political rights via voting, it is in their interest
to participate in fair and free elections as they are critically affected by
policies of elected heads.
o Elders: They should encourage others to vote to ensure a healthy
democracy and development.
• First time voters: First time voters should be encouraged to vote and spread
awareness on importance of voting and developmental works. They are youth
who are most affected by education, employment and health policies.Local
political parties/politicians: They should adhere to the Model Code of
Conduct, Representation of People’s Act (1951) and practice free and fair
ethical procedures. Mistrust of voters has put the electoral process in danger.
This threatens the very existence of politico-democratic setup. Hence, their
very interest is dependent on maximum participation of people.
• District Collector: He/She is a nodal officer at district level to ensure smooth
elections. Low participation implies that they have failed in their duty to
conduct free and fair elections.
• Election Commission of India (ECI): Maximum participation augurs well for the
electoral process for which ECI is responsible. Mistrust of voters tantamount to
limit on the capacity of ECI to ensure that honest and upright candidates are
getting elected.
• Nation: It is in the interest of whole nation that every citizen belonging to
remotest part of the country is a part of the democratic process, else it may
lead to dissent, dissatisfaction and anarchy.
• Local Self Governance bodies: They have a critical role in educating masses
about their duty as citizens to exercise their right to vote.
• Myself: Being assigned to ensure voter participation, a failure on my part would
amount to failing in my professional duty.
(b) The factors that I shall take into account while convincing the people to vote are as
follows:

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• Despondency amongst voters because of which they think that no positive Student Notes:
change is possible
• Lack of trust in elected representatives
• Rigidity in their attitude towards utility of elections
• Limited understanding of the significance of electoral process
• Unawareness about the accountability mechanisms available to them
• Remoteness and under-development of the area
Thus, if their attitude towards the election is changed and their cognitions are
corrected, I can convince people and ensure maximum voter turnout. This can be done
through the following:
• Listen patiently to all the concerns raised by the villagers
• Encourage elders to vote and educate the younger generations about how they are
the key change agents
• Ask Anganwadi and ASHA workers to act as micro level / grassroots agents to
enable people to come out and vote and leading by examples
• Encourage youth and women voters to participate and also convince them that
they should vote for the right person who they think can bring change
• Educate people that till the time they don’t participate in the electoral processes,
they are also not taking charge of their responsibilities as voters seriously and
therefore in order to bring about change it is THEM – the people of India who
should participate
• Educate them about the use of NOTA, through which they can register their
dissatisfaction
• Educate them on Constitutional provisions of elections as well as rights of citizens
• Highlight the problem of governance, communication and resources associated
with remote areas and how bringing change will take time. I will bring to their
notice examples of political leaders bringing positive change in remote areas
through continuous efforts.
• Make them aware and learn about the use of tools like RTI, Social Audit, Grievance
Redressal cells and websites etc. through which they can hold MPs/MLAs
accountable even later. This will reduce their despondency
• Facilitate and implement SVEEP Plan objectives
• Apprise the SDM, District’s Collector’s Office of all the challenges and concerns
raised by people during these meetings
These steps are expected to yield results and ensure greater participation of people in
the election.

4. Tolerance and Compassion towards the weaker-


sections.
27. You are the District Magistrate in a district where a significant number of
transgenders reside. While discrimination against the community is well known,
commuters increasingly complain of harassment at their hands, especially at traffic
junctions where transgenders are mostly involved in begging. This, at times, also
leads to traffic management issues. You have received a number of complaints in this
regard and have to act quickly to resolve it. However, a group of transgender
associations argue that begging is their only source of livelihood.
Given the situation, answer the following questions:
(a) Describe the ethical issues involved in this case. Discuss the attitude of people
towards transgenders in general and reasons for the same.

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(b) What possible courses of action can be undertaken in such situations? Discuss Student Notes:
their merits and demerits.
Approach:
• Discuss the ethical issues involved and the reasons for differential attitude of
people towards transgenders.
• Discuss possible course of action with merits and demerits. You may conclude by
suggesting long-term solution/elaborating on your solution.
Answer:
The given case involves the issues of vulnerable section of population as well as the
comfort of the community. The issue relates to taking into consideration competing
interests of discrimination, which transgender faces, be it education, employment,
social participation as well as the means they use to earn their living.
(a) Ethical issues involved in this case are as follows:
• Convenience versus livelihood: Begging by transgenders is causing
inconvenience to commuters and is leading to additional problems like traffic
congestion. While, on the one hand, poor socio-economic condition of
transgenders force them to make a living by begging, this at times becomes
inconvenient to general public.
• Discrimination of transgenders versus harassment of the commuters: The
society in general can’t have both ways, that is, restricting the options of a
section of population to earn decent income and at the same time have
problem with whatever little means they are using to earn their livelihood.
• DM’s commitment to safeguard interests of the vulnerable sections versus
taking action on the registered complaints by citizens: Since a large number of
complaints have been registered, it is the DM’s duty to take up a call to reign in
the menace while balancing the right of transgenders to earn a living.
General attitude of people towards transgenders
• Discriminatory - based on their class and gender. This makes the transgender
community one of the most disempowered and deprived groups in the Indian
society.
• Non-inclusionary: They are treated as unnatural and as objects of ridicule and
even fear on account of superstition.
• Inequality and that of Seclusion: A long neglect in terms of rights (civil rights
like the right to a dignified living) and development (reservation in educational
institutions and public employment) has completely isolated the community.
• Negligence and indifference: Their numerical minority makes them politically
less significant as a vote bank and paves the way for their legislative and
administrative neglect.
Reasons for such attitude
• They are different from what has been considered ‘normal’ in the society
• Gender based discrimination has been the norm everywhere and ever since.
They have been treated as objects of entertainment rather than as human
beings.
• Discarded by their families and society, they turned to petty means to earn
livelihoods. Now they are looked down upon for that, without realizing the root
cause. Society misunderstands the changing concept of gender identity.
• Many superstitions have also built up around the community because of their
closed nature, without realizing that they have been discarded, not that they
chose to remain secluded.

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(b) Possible course of action Student Notes:
• Ignore the issue as begging is a matter of livelihood for transgenders
Merit: Transgenders will have their way in collecting money at traffic junctions.
Demerit: This will amount to dereliction of duty and will neither help
transgenders nor the general public in the long run. Also, begging is a criminal
offence. Knowingly allowing begging amounts to collusion. Also, it does not
solve the issue of genuine inconvenience which the commuters face.
• Issue a stern warning to transgenders indulging in harassment of commuters.
Additionally deploy squads who may check the menace at traffic junctions.
Merit: It may rein in the menace of harassment at the hands of transgenders
and may prevent traffic problems.
Demerit: It may affect the livelihood of transgenders adversely who mainly rely on
begging and are discriminated by the general public. As the area has high
population of transgenders, it may also create law and order problems.
• Issue guidelines for traffic junctions along with establishing of committee for
chalking out measures to sensitise public about transgender issues as well as
implement skill development and vocational training schemes along with
rehabilitation measures.

Merit: It will provide alternate avenues of employment for transgenders. In


fact, they would happily switch their jobs given the opportunity. It redresses
grievance of citizens as well and may also lead to transgender community
getting a respectable place in society in the long run.

Demerit : This is a step with a long gestational period. It may hamper the
income earning source of transgenders in the short term. This may reinforce
the notion that general society’s rights are valued above those of the
vulnerable sections.
Though it is important to provide relief to general public, the perspective of
transgender community must be empathized, else the solution will not be sustainable
in the long run and the status quo will rebound. Implementing the Supreme Court
directions of giving them special treatment in certain matters will go a long way in
integrating them in the society.

28. Recently you were posted as a District Magistrate of a predominantly agricultural


district, which has been one of the best performers in agriculture since the last
decade. In one of your field visits, you find that the large landowners, who are a
socially, politically and economically powerful group, employ domestic helps and
agriculture labour who are informally tied to them and have been working there since
generations. In return, these workers are provided basic amenities like food and
shelter apart from some money. However, you do sense a violation of basic human
rights in this situation. In light of the above case, answer the following questions:
(a) Identify the stakeholders, their interests and ethical issues involved in the case.
(b) How does denial of choice amount to violation of human rights?
(c) What course of action would you take? Give reasons.
Approach:
• Briefly highlight the key stakeholders, their interests and ethical issues associated
with the case study.

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• Discuss how denial of choice violates basic human rights. Student Notes:
• List the ethical dilemma and course of action.
Answer:
The given case illustrates the system of informal employment in violation of the basic
human right of choice and the fundamental right to livelihood.
(a) Major stakeholders, their interests and ethical issues:
1) People employed as domestic help & agricultural labourers: The absence of a
contract makes them vulnerable to exploitative working conditions, insecure
tenure and low wage rates. Apart from bordering on illegality, it shows lack of
empathy, and compassion among the landowners.
2) Landowners: They have demonstrated apathy towards fellow human beings
and disregard to freedom of choice of their employees. It has perpetuated
inter-generational poverty. This is against dignity of labour.
3) The State: The state has failed to ensure basic human rights and amenities to
the weaker sections of the society. It is a case of lack of will and courage on the
part of state and district administration.
(b) Denial of choice as violation of Human Rights
Human rights are basic inherent rights to which all human beings are entitled. They are
meant as an expression of what constitutes a basic, dignified life. These are meant as a
protection of people from social abuses. They focus on the freedom of choice and
protection of life and livelihood.
Key aspect of human rights is the development of capability of the human being so that
they can choose what is best way to progress by themselves. When exploitative,
generationally bound labour is employed, it denies them the choice to be employed
elsewhere and negotiate for better conditions. It also inhibits development of their
capability to rationally choose for themselves and their future generations. This makes
them more vulnerable to be exploited and denied further human rights. This can be
seen in their current conditions as well:
• Informal underpaid employment is in direct contravention of Right to Life.
• Denying the workers rightful employment and wages for generations is akin to
modern day slavery. This also lowers the dignity of labour.
• Denial of choice is in direct contravention of freedom. For one to assert his claim to
human rights, he must have freedom and well-being.
(c) Course of action in the given case:
In the given case, as an officer responsible for overall law and order situation and
specifically to see whether human rights violation does not take in the district, I will
foremost ensure that whatever legal action is required, is taken immediately. While the
legal case does not arise if the practice is not a form of bonded labour as defined in the
law, instructions can still be given and directions passed if the DM is reasonably sure
about violation of human rights.
That the people who are apparently in violation of law are politically influential should
not be the concern for inaction but should be a concern for an extra responsible
behavior expected of such people.
• Forced and underpaid labour is against the Fundamental Rights and DPSPs
enshrined in the the Indian constitution.
• First dilemma is to acting without any complaint and evidence. However, an
administrator needs to act according to her conscience. To establish evidence,
preliminary enquiry needs to be conducted.

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• The course of action that follows, will be decided based on the findings of the Student Notes:
enquiry. If it is established that the practice is unlawful, necessary action must be
taken against the employers. And needful assistance will be provided to the
employees.
• In any case, the absence of contracts is an issue that needs to be resolved. The
district magistrate needs to convince the landowners to practice contract-based
system. The current informal system of employment may be in contravention of
labour laws.
• However, this leads to another dilemma i.e. forcing the landowners to adopt
contract system may induce them to terminate the services of the employees. This
will increase impoverishment of the labourers and domestic helps.
• As a part of state machinery, it is incumbent on the District Magistrate to provide
alternate means of livelihood to the workers. They also need to be sensitized about
their situation and rights.
If terminated by the landowners, the workers need to be reskilled to help them break
the ‘generational cycle of poverty’

29. You are DM of a very poor district in the hinterland of India. It has come to your
notice that manual scavenging is widely prevalent in the district even though the new
law prohibits manual scavenging in any form. Upon enquiry, you have found that the
number of manual scavengers has been reported to be very low, however, hundreds
of dry latrines in the district depict a different picture. You have also noticed two
more important trends: first, most of the manual scavengers are Dalits, and second,
in many of the cases they themselves go to the houses and request the owners to
clean their toilets manually, as it would provide monetary benefits. The entire district
administration has been criticized by the media and there is political pressure on you
to manipulate the data in a way that it shows less number of manual scavengers in
the district. Based on the given information answer the following:
1. Identify the ethical issues associated with manual scavenging.
2. List the options available to you in the given case. Evaluate the merits and
demerits of each.
3. Discuss some feasible steps that you can take to control this serious problem.
Approach:
• First discuss the ethical issues with manual scavenging in detail. Discuss the moral
dimensions of the problem.
• In the given scenario, discuss few options which can be implemented with the
merits and demerits of each of them. Also, mention the best course of action to be
adopted.
• Provide a long term strategy to solve the manual scavenging.
Answer:
About 65 years since we have had an egalitarian constitution in operation, it is
embarrassing to know that many are forced to clean the excreta of others to earn their
daily bread; i.e. manual scavenging.
1. Ethical issues associated with manual scavenging
• Human dignity: In India, people give importance to their dignity more than
their life. In such a situation manual scavengers are forced to live an undignified
life by cleaning the excreta as highlighted in the case.
• Health Hazards: They are not only deprived of a dignified life but also deprived
of healthy leaving conditions. Due to the nature of the job, many of the workers
have related health problems.

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• Caste discrimination: Manual scavenging is traditionally a role determined by Student Notes:
the outlawed caste system for members of the Dalit caste. This reflects a clear-
cut image that India is still suffocating with the evils of caste system.
• Issues in implementation of various laws: Even though there came various
legislations and judicial proceedings to curb manual scavenging, it is prevalent
in many parts of the country due to the lack of bona fide implementation of
governmental policies as this case suggests. It is unfortunate see that the law
remains as a paper tiger.
2. Options available
a. Report low number of manual scavengers
i. Merit: It will ease the pressure on me from political establishment as
well from media. I can work towards this serious issue without any
pressure. It will also present a good picture of the district in the media.
ii. Demerit: The picture presented will be based on fabrication of data
which is against organizational ethics and also shows lack of empathy for
manual scavengers. It also shows lack of courage and lack of dedication
to public services where the DM is trying to wriggle out of his
responsibility instead of solving the problem. It gives a false sense of
reconciling with reality.
b. Go to the media with actual numbers
i. Merit: The issue will be highlighted in the media and the pressure on the
government will increase. It may become more serious about the
problem with more funds allotted to solve the problem.
ii. Demerit: However, this will be against the civil services conduct. It may
only sensationalize the issue rather than providing a concrete solution.
This option should only be utilized if the political establishment is
adamant on fabrication of data.
c. Resist all the attempts of fabrication of data and work for the elimination of
manual scavenging:
i. Merit: This shows dedication to the welfare of the most marginalized
section of society on one hand and also shows integrity and courage on
the part of DM.
ii. Demerit: This may hamper the relationship between DM and political
leaders and can affect his future promotions.
I will choose the third option to tackle the current conundrum. This is not a case of
moral ambivalence as I have to choose between personal gains and professional
integrity. The key to solving any problem is to first identify the problem and its
magnitude. With proper recognition, appropriate planning can be done and outcomes
evaluated against baseline.
3. Steps to eliminate manual scavenging
For the manual scavenger, it is the economic necessity that drives him/her to perform
this act. For the beneficiary of cleaning, the general citizen, it is their attitude (mostly
derived from caste based social status) which makes them ignorant about the problem.
This perpetuates their exploitation.
Enforcement of law in letter and spirit is required to create deterrence in society
against manual scavenging. Measures for an attitudinal change in society need to be
initiated to bring awareness about this undignified practice. For rehabilitation,
alternative employment to manual scavengers and free education and health services
to their family members will ensure that scavenging is not done manually.

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As a DM of the district, I will ensure that all public and school latrines are equipped Student Notes:
with proper flushing facilities. Manholes need to be cleaned using machines and not
hand. Open defecation needs to be banned. Apart from funds, all this requires a
societal movement. I will involve like-minded citizens and local NGOs to increase
awareness. Advertisements at prominent places will help. I will ensure mandatory
attendance of children of such people in school so that even in the worst case, this
hereditary livelihood is not passed on. Working closely with the police department can
lead to effective curbing of the practice.

30. You are the leader of a 5 member team that has been assigned to carry out social
impact assessment of a project proposed in a Naxal area. Members have been
allotted a remote village each to conduct surveys and ascertain views of local people.
You are under strict instructions not to disclose the identity of respondents outside the
project. While compiling data, you are puzzled by the responses from one of the
villages. You accompany the point-person for that village next day for verification.
You randomly pick a person from the list of respondents and ask her for clarification
of the response she had given earlier. She seems confused and denies any knowledge
of the survey being conducted, let alone she being questioned. You try to verify this
from other respondents and get similar replies. This raises serious doubts about the
integrity and credibility of the survey process.
(a) What are the ethical issues involved in the situation?
(b) As a team leader accountable for credibility of the survey and working on a hard
timeline, what are the possible options before you? List their merits and demerits.
(c) Giving reasons, state the course of action you would follow.
Approach:
• Apart from covering the integrity of the team member, ethical issues should also
include giving him/her benefit of doubt as well as opportunity for explanation.
• Evaluate the merits and demerits based on ethical dimensions of public service
such as honesty, commitment to work in adversity, etc.
• Clearly state your course of action with logical connections of merits and how it will
address the demerits listed above.
Answer:
The ethical issues involved in the case are:
• Fabrication and falsification of data that can potentially impact lives of many poor
and vulnerable.
• Honesty, integrity and commitment to work by the team member in a potentially
hostile area where there is already lack of trust between people and government.
• Leadership capability – standing up to the errors of team members and handling
them.
• Strict privacy concerns on how to verify their claims without disclosing their
identity.
• Trust that can be reposed in villagers and verifiability that they are acting in
independent capacity.
As a team leader, there following options before me:
• Suppress the issue then and there and admonish the team member.
Merits – Given the time constraint, pursuing this option will seem a practical way out.

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Moreover, data from a single village may not impact the overall findings radically and Student Notes:
therefore core conclusions may not change.
Demerits – This not only encourages dereliction of duty but also eats into the overall
value system. It abets the team to be dishonest and untruthful in performance of their
task. It also reflects lack of empathy on part of researchers towards rights of vulnerable
people.
• Inspect the claims of other team members; ask the erring ones to re-conduct the
survey ASAP.
Merits – It will establish the truthfulness of the survey. As a leader of the team, it is my
responsibility that not only the data and conclusions I present are correct, but also that
integrity of my team members is maintained. Moreover, perseverance, i.e. performing
duty in face of adversity is a desired and expected trait of a person involved in working
with vulnerable groups.
Demerits – Given that there is dearth of time, this may not be feasible. This may also
jeopardize the strict anonymity concern.
Finally, there are chances that the other team-members will also follow the suite if
resurveying is done, defeating the purpose altogether.
• Hire new team member(s) and re-conduct the survey, explaining the situation and
asking for extension. Expel the erring team member(s).
Merits – The dishonest will be punished and the truthfulness of the data will be
established.
Demerits –There will be time and cost over-runs. It may also become a never ending
cycle with claims and counter claims.
Course of action to be followed
It is important that this data be corrected before being presented. I can either order a
new survey, with not necessarily the same respondents or can re-conduct the survey
with same people. While the former will be fresh data and would not need comparison,
the latter would establish whether the data was fabricated or not. While the first
strategy would save time and not violate privacy, the second one would be necessary to
determine guilt/innocence.
I would inform the authorities about possible delay and ask for new personnel. The
verified data will establish the truthfulness. If the guilt is established, they will be
reprimanded.

31. The International Money Bank has granted loan to the government to construct ten
dams. The dams would provide water for irrigation of crops, control floods in some
parts of your district, and supply drinking water to numerous towns and cities. Seven
of these dams are to be constructed in areas of high ecological value occupied by
native groups who are challenging the government. The native groups, who oppose
the construction of the dams, represent a minority compared to the multiple towns
and cities which would benefit from the dams.
Nevertheless, it should be taken under consideration that the natives consider the
forests as their own. Also, their distinctive life style and culture is intimately related to
the existence of these natural areas. It has been noted that the forests also have a
very high ecological value. If this project is completed, their land would submerge and

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the natives would have to be relocated. The International Money Bank is aware of Student Notes:
this yet it has granted the loan.
You are the District Magistrate of this district. Every day protests and demonstrations
are happening in your office. The government has given you the responsibility to
manage the situation.
What are the various options available to you? Evaluate all of them and suggest the
best course of action, giving reasons for it.
Approach:
• Analyse the given situation by mentioning the stakeholders and the ethical issues
involved.
• Based on this, delineate the options available to you. Discuss their pros and cons.
You can take either stand, based on the strength of your arguments.
Answer:
Issues involved: construction of dams in ecologically sensitive areas, rights of the
natives, benefits for the majority at the cost of a minority, handling the protests in a
sensitive manner.
Stakeholders: the native groups, the residents of numerous towns and cities,
government which has to fulfill its duties towards both the groups, and the district
magistrate as the local representative of the government.
In the given situation, the government decided to relocate the natives in order to
construct dams which will benefit a large number of people. However, the culture and
livelihood of the natives will be irrevocably altered. The natives have a right and a
legitimate concern to protest. As a representative of the government and the person
responsible to manage the situation, I have the following options before me:
1. Suppressing protests by use of police force:
It might make it easy for the administration to carry out government orders, but it is
certainly not the way to deal with protests in a democracy. It will create distrust
between the native population and the State and will lead to their further alienation.
Any future cooperation would also become difficult.
2. Recommend to the government to withdraw the project in light of genuine
concerns of the people
Although there might be utilitarian benefit in the given project, for a marginalised
group, this would mean end of their culture and loss of livelihood, apart from the
ecological loss. As a civil servant, it is my duty to present facts to the government and
give honest advice. However, this would amount to dereliction of duty. Once a decision
has been taken, it must be implemented by offering amicable and acceptable solutions
to all stakeholders. The natives must be explained the benefits of the project and the
offer that the government is making to them.
3. Involve persons of trust, explain the benefits and assure them of proper relocation
and rehabilitation
A large-scale relocation of a whole culture is bound to throw up protests. Whether the
terms of the government are in their best interests need to be adequately discussed
with the affected group. I would involve the people that the natives trust in order to
explain the situation. I would assure them of proper resettlement allowances, etc. by
obtaining guarantees from the government. I would also allocate resources for them to
take a better and informed decision in their Gram-Sabha.

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4. Request them for dispute resolution through legal means: Student Notes:
With the help of NGOs, their case can be pleaded in courts. It would provide help to the
natives by making them aware of their legal and constitutional rights. However, the
courts can decide any which way, balancing their sentiments and national interests, but
making them submit to the judicial process which they probably do not consent to is a
broader injustice. Moreover, as a civil servant vested with responsibility, I should first
try quicker alternative dispute resolution and settle the matter through negotiations,
rather than prolonging the agony of all stakeholders.
It is important to weigh the pros and cons of the construction of dams in such sensitive
areas. When floods occur, it is not just the crops and property that is affected but also
the lives of the people. So, construction of dams need to be undertaken but with the
consent of most, if not all the people getting affected. They need to be convinced that
the area where they will be relocated is better than the one they were residing in now.
Further negotiations on compensation and benefits can also take place. Besides,
massive afforestation programme can be initiated on a suitable piece of land.

32. You have recently been posted as a probationary officer in the District Magistrate's
office in a tribal district. During one of the fieldtrips, while interacting with the tribals,
you come to know about a private company, established a few years back, which has
transformed their lives. The company, using the traditional knowledge of tribals, had
launched a series of products and provided numerous livelihood opportunities to the
tribals.
Upon further enquiry, you come to know that while the lives of tribals had indeed
improved, the distribution of profits however, has been quite disproportionate. The
company has seen a huge growth in its operations and its owners have amassed huge
wealth. It is also planning to file for IPR, which may further hinder the interests of the
tribals.
You feel that tribals have been left short changed and there has not been an equitable
sharing of benefits arising out of the use of their resources. When you tried to
approach the Gram Sabha and voice your concerns, the tribals requested you not to
intervene as they do not have any alternatives. They also argue that governments in
the past have failed to protect their interests.
Given the situation, answer the following:
(a) Identify the different stakeholders and their interests involved in this case.
(b) Present a case to convince the District Magistrate for the need of government
intervention in the situation.
Approach:
• Introduce by giving the gist of the case study.
• Enumerate the stakeholders involved in the case study and their interests.
• In brief present a case to convince the DM for the need of government intervention
in the above situation.
• Conclude on the basis of the above points.
Answer:
The given case study portrays a typical picture of a tribal area where inadequate
government efforts for upliftment of tribals have created a vacuum which is being
utilized by private companies to earn huge profits. It also highlights the issue of misuse
of IPR (Intellectual property rights) by private companies using traditional knowledge of

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tribals and denying them a fair share in profits, which is against the provisions of the Student Notes:
Biological Diversity Act, 2002.
a) Stakeholders involved in the case study and their respective interests are as follows:
Stakeholder Interests involved
Tribal people Livelihood opportunities and welfare of tribals, their traditional
knowledge.
Private Companies Profit maximization, IPR on the tribal products and knowledge.
DM and state Welfare of the people in the area, persuade tribals to trust
administration administrative machinery, ensuring social justice to all in line with their
duty obligations.
Probationary Officer Uphold the rule of law, welfare of tribals, self-satisfaction
Gram Sabha Welfare of tribal people, equitable sharing of benefits by companies
NGOs in tribal areas Ensuring welfare of tribal people and development of the area.
b) Case to convince the DM for the need of government intervention in the above
situation needs to highlight the following:
1. The present situation of the tribal area.
2. Discussing how the problems faced by tribals are result of lack of alternatives
inadequate government efforts.
3. Suggesting remedies for these problems via. government intervention.
1. There is need to highlight all the possible dimensions and present them such as:
• Highlighting the issue of lack of livelihood opportunities for the tribals, there is a
need to present the data of the livelihood opportunities provided by the private
company in that area and its impact on the life of the tribals with focus on the
income generation and other benefits catered.
• Case should also present the details of the benefits sharing pact between the
private company and tribals and distribution percentage between them.
• It should also present the details found in the enquiry about the type of products
manufactured, their manufacturing cost, selling cost, and its corresponding share
given to the tribals.
• It should also highlight the possible impact of IPR filing by the private company on
tribals and their traditional knowledge.
• Understanding tribal alienation and their complaints against the administration
and persuading them to put their faith in the government machinery. The civil
society or the local leaders may be used for this persuasion.
2. The case should also bring to the notice of the DM that how the problems faced by
tribals are the result of inadequate government efforts. The arguments should be
supported by data and records highlighting the efforts taken by the government in past
and the reasons for its failure. It should also be presented that the vacuum created due
to inadequate efforts by the government has forced the tribals to sell their products to
the private company who is utilizing this opportunity for maximizing its own gains. Due
to the apathy from the government side, the Gram Sabha representing the tribal people
doesn’t want the government to intervene as it might affect their relations with private
company, which is the only source of livelihood for them. So, alternatives can be
provided to the tribals i.e. inviting other private companies or NGOs involved in the
marketing of indigenous products.
3. The case should also present the need for government intervention and a way forward
to deal with the above problems as follows:
• Government with the help of the NGOs working in the tribal area should take
immediate efforts to provide alternate livelihood opportunities for the tribal
people.

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• Guidelines can be given to the private company to increase the share of benefits of Student Notes:
the tribal people in the profits earned by the company.
• Platforms like Tribal Hut can be used for marketing the tribal products at better
price with the help of institutions like Tribal Cooperative Marketing Development
Federation of India Limited (TRIFED), e-Commerce platform of Tribes India, etc.
• Government should also ensure that the acts and laws with respect to IPR like
Indian Patent Act, 2005, Biological Diversity act, 2002 etc. should be followed in
letter and spirit.
• Strengthening of the grass-root level democratic set up including bodies such as
Gram Sabha in decision making for the welfare of tribal people.
Such a situation requires a multidimensional approach keeping in mind the
interests of different stakeholders. This will not only help in solving the problems
faced by the tribals but will also ensure the holistic development of the tribal area.

5. Foundational Values of Civil Services


33. You are posted as a District Collector in one of the districts in India. It has been
brought to your notice that a structure has been built by few members of a religious
community on the public land without getting due permissions. In keeping with the
guidelines of the Supreme Court of India, disallowing the construction of any
permanent religious structures on public land, you are contemplating its removal.
However, the leaders of the community in question have requested you to permit the
structure saying that it is for the period of month long religious festival only.
Moreover they say that there is no other religious place nearby where community
members can celebrate their festival. Your seniors and the political leader of the area
also support their views. However you are skeptical that after the festival is over, it
may not be easy to remove the religious structure from the public land due to the
involvement of community members at large.
(1) Perform an objective and subjective analysis of the case.
(2) What will you do in such a situation?
Answer:
Objective Analysis:
• The constitution of India caters to treat everybody as equal before of the law
irrespective of his religion. Thus, religious community in the question should not be
dealt with any special treatment.
• As a civil servant an officer should follow the guidelines of SC as its interpretation is
final and binding in India.
• If he violates the law he has to answer to his superior for such a violation.
• The religious community too is part of Indian population. Therefore, their customs
and beliefs should be respected.
Subjective Analysis:
Religion plays an important part in lives of people in India. If the structure is removed,
the action can be given a communal color. Since our model of secularism respect all the
religion equally, their sentiment should also be respected. Leadership quality of civil
service also demands not to antagonize any community.
Course of Action:
1st Approach
Firstly, leaders of the community should be persuaded that though District
Administration fully respect the values and customs of their religion but due strict
guideline administrators have to suffer from penal action if structure is not removed.

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Second, if leaders do not agree, then the matter should be discussed with the superiors Student Notes:
that are there any authority which can give such permission. If it is not possible, then
he should remove the structure.
If such solution is not available, then he should check whether it is possible to limit the
number of people attending the festival, based on law and order administration
available and with the help of leaders of the community? If it is possible, then he can
allow them to take up the festival because structure can be removed later if number of
people involved is not much. If it is not possible, then he should remove the structure.
2nd Approach
Community activities can be taken up on a government land but proper permission
needs to be taken so I will ask to that community to take requisite permission in written
manner.
As a district officer it is my responsibility to maintain law and order and peace in district
and also to ensure sentiments of community is not hurt. Therefore to maintain such
balance permission will be granted till festive month but after that demolition will be
carried out under municipal act, following proper procedures and discussions with
influential and important members of religious community such that peace would not
be disturbed.

34. As the Housing society in Faircity, an older community in Honestopolis, is in a


dilapidated state, the Municipal Corporation of Honestopolis (MCH) has declared the
area appropriate for redevelopment appointing you as project director. You have a
team of two specialists, Prateek and Tarun, and the mandate is to determine which of
the houses should be rehabilitated and which must be demolished.
Prateek and Tarun, report to you about Mrs. Sudha, who has lived in project area 1
for thirty years. Mrs. Sudha is now eighty-five years old, her husband is deceased and
the little money her husband left her with has been so battered by inflation that it
barely meets her basic living expenses. She has been neglecting the repairs on her
home, which is now in a pretty bad shape. They sum up the condition of the house by
admitting that according to the standards they have been applying elsewhere in the
first project area, Mrs. Sudha’s home should be demolished and she be relocated
somewhere else.
However, Prateek cannot bring himself to recommend the destruction of the old
woman’s home. He tells you that he knows what the law requires and what the MCH
project guidelines specify, but it seems wrong. He argues that “Elderly people, when
relocated often lapse into senility and sometimes death. We should not treat decent
people who have worked hard all their lives as though they were disposable trash just
because they do not fit in certain guidelines. ”
But, Tarun does not agree. He feels as strongly as Prateek but not in the same way. “It
is too bad about Mrs. Sudha, and all the Mrs. Sudhas who get caught in her
predicament, but there is nothing we can do about it,” says Tarun. He tells you that
MCH’s job is to rehabilitate the houses when it can and demolish when it cannot, and
there are laws and rules and standards that must govern those decisions. He insists
that we cannot go around making exceptions; we have to be fair with everyone and
that means treating everyone equally. There must be no special favours, or everyone
will demand an exception, and nothing will get done. The only way is to follow the
rules.

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What would be your objective responsibility in this case? Also, clarify what is your Student Notes:
subjective responsibility?
What would be your future course of action? Is there any other essential information
that you would need in order to arrive at a suitable decision? If yes, what could be
this information?
Answer:
1st Approach
First, consider the facts concerning your objective responsibility:
1. The laws and MCH project guidelines related to demolition and redevelopment
project authorize the demolition of substandard structures. If the owner cannot or
will not make the necessary repairs, the building may be torn down.
2. The criteria for determining substandard buildings are well defined in the MCH’s
guidelines for such projects.
3. You may be responsible to the higher authorities, say your immediate superior, for
recommending which buildings should be demolished and which rehabilitated. If it
looks as though this case will be a matter of dispute or if you cannot resolve the
issue in your mind, you may have to discuss it with them.
4. If you are not sure what your responsibility for upholding the public interest
requires of you in this case, you need to ascertain how the public, at least in the
Faircity area, feels about it.
Then you review in your mind what you know about Mrs. Sudha’s case and what
essential information you need to obtain. You may feel reasonably confident at least
about the following:
1. From Prateek’s description, the house probably falls into the demolition category.
Prateek did not try to soften the hard realities of its condition, and Tarun
concurred.
2. Because the house is in such a bad shape and Mrs. Sudha’s financial status is quite
weak, she is unlikely to qualify for a bank loan large enough to do the repairs
required to avoid demolition.
3. If demolition takes place, Mrs. Sudha could not afford to rebuild on the present
site. She will most likely have to be rehabilitated.
4. If MCH condemns the house for demolition, Mrs. Sudha will receive compensation
for it; maybe the full market value.
You feel much less certain about several other aspects of the case. You believe that you
need to clarify the following:
1. How does Mrs. Sudha feel about the situation? Prateek is deeply concerned about
saving her house, but not once did he report her viewpoint. It would be a good
idea to stop by and hear her reactions first hand. Maybe she would like to move
into a place that she could manage better.
2. Can she handle a change in residence? What are her mental, emotional and
physical states? Is she in a reasonably good health? You know that Prateek is right
about the serious negative impact of moving on some older people.
3. Is Mrs. Sudha truly an exceptional case? Are there other elderly people in the
project area who face the same threat? Maybe they should be considered as a
group.
4. How do people in the community feel about Mrs. Sudha’s case? Without violating
her privacy, is it possible to assess how others believe their interests might be
served or subverted by the way her case is handled?

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Finally, you may reflect on your own personal inclinations. You attempt to clarify in your Student Notes:
own mind what your subjective responsibility is with respect to Mrs. Sudha. You
may/may not realize one or more of the following:
• Your general attitude towards older people is one of deep respect. Since your
boyhood days with your grandparents, you have felt almost a reverence for those
who have survived the vicissitudes of the modern world. They evoke within you a
deferential feeling.
• This attitude is composed of a number of beliefs. You view older people as having
“paid their dues”, as having worked hard and deserving our esteem for having done
so. You believe young people often do not recognize the valuable knowledge and
experience that older people have accumulated. You believe that the elderly are
often ignored and mistreated. They generally do not receive what is coming to
them.
• Behind these beliefs are some values you have long recognized within yourself.
Wisdom about life in the world, based on knowledge and experience, is important
to you. Getting the most out of the time allotted to one is something about which
you feel deeply. Perseverance in the face of hardship is a significant virtue in your
value system. Fairness, or equity, is one of the most essential principles of all.
Sensitivity to the feelings of others is another of your values.
On the basis of these reflections, you conclude that your strongest sense of subjective
responsibility leads you in the direction of trying to resolve the problem without
harming Mrs. Sudha in any way. You do not want to disturb her life. However, you have
other obligations too. You are the administrator responsible for making a
recommendation about Mrs. Sudha’s house. You are paid to do that by MCH, and you
made a commitment to carry out that responsibility when you accepted the job. It is
your objective responsibility, and as long as you hold this position, you may not ignore
it.
Also, you have other subjective responsibilities associated with your administrative
role. You feel responsible for maintaining morale and a cooperative team spirit among
staff members. You value efficiency, and you believe these qualities are essential for an
efficient organization. You also feel responsible for avoiding conflict with the residents
of Faircity, both because that would upset the orderly schedule of work and lead to
reduced efficiency and because you value the esteem of others. You want the residents
to feel that you have been fair with them. Further, you feel responsible to your superior
for maintaining the image of the agency. Loyalty to the organization is important to you.
In determining the best course of action, you may simply respond to the strongest and
most definitive sources of objective responsibility – perhaps your superior, the law, or
both if they coalesce. Or you may allow deep-seated feelings to function as the decisive
factors.
2nd Approach
Objective responsibility
• People in the same situation should be treated alike. But, if people are not is the
same situation than treating them alike shall amount to the discrimination.
• Another responsibility is towards the law, in this case the law regarding the
relocation. I have to follow it because it is in the interest of people only. If the old
and weak house of Mrs Sudha breaks due to earthquake etc, it will be detrimental
to the lady.
• My responsibility lies with Municipal Corporation which appointed me. For every
action I am answerable to it.

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• My responsibility lies with my subordinates – Tarun and Prateek. I should not do Student Notes:
anything which can make them unlawful or unsympathetic toward the people.
• My responsibility also lies towards the citizens of the country. I have to responsible
for all the stakeholders involved in this case – the lady, her neighbour, etc.
Subjective responsibility
My value system is such that I uphold the goodness of the society. I have learned from
my training and experience, the marginalized sections like old age people deserve
special care. I also believe that I follow the law very strictly but exceptions can be made
with the compelling reasons. That reasons should be such that I can defend myself if
any penal action is followed against me.
Other essential information that I need
• What are the provisions in which any exceptions to the law can be made?
• Which is the authority that can grant the exceptions?
• How the extra benefits can be given to the lady at the place of relocations?
• Who are the other stakeholders involved in the case?
• Is there a way by which her house can be strengthened without breaking it?
• What are the actions that can be imposed on me if law is violated?
Future course of action
I will consult with all the stakeholders involved and try to assess the net benefit and loss
for all the alternatives. If exception is possible in the law, I shall not demolish the house
because the lady has to suffer in the old age. If exception is not possible then what are
the actions for the exception? If the punishment is not major then also I will not
demolish the house. If these are not there, then I will demolish the house and relocate
her. But at the same time, I will also try that she can get extra benefits so that she can
sustain for rest of her life. I will also teach Tarun and Prateek that law shall never be
violated except in very compelling situations. The compelling situations can be assessed
with empathy toward the society esp. the disadvantaged sections. I will also convey
them that for the violation, they should be ready for the administrative actions. Thus,
they should assess their defense as well.
3rd Approach
In this case, demolition is necessary because it is stated by both the specialists that
house is not in condition to repair. So for larger benefit of the community as a whole,
the house needs to be demolished. But we can look for welfare schemes available in
Faircity for elderly, so that Mrs. Sudha can be benefitted.

35. You are a Head of Department in a premier University. Recently a clerical staff in your
department was terminated from the job as he was found under the influence of
alcohol during office hours. In the previous month there were a lot of complaints
regarding his poor quality of work, tardiness and some incoherent behavior. Later
you came to know that this change in behavior was concurrent with the death of his
wife after a prolonged illness. It has also made him debt ridden. This may be further
compounded by the fact that he has a daughter to marry off soon and a differently
abled son to take care of.
He desperately needs a job. He has applied for a position at a private University and
has already given your name as a reference. He pleads you to give him a good
recommendation and not mention his drinking, which he assures you is now under
control. He also asks you to mention that he voluntarily left the University to address

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a family medical crisis and that the University was pleased with his work. You like this Student Notes:
person and believe that he is a good worker when he is not drinking. But you doubt
whether he has really overcome his drinking problem.
Valid arguments can be advanced, both, for rejecting his plea with the consequence
that his condition may become even worse and for accepting his plea with a noble
intention, but keeping the third party in dark. What could those arguments be? Could
there be any better way to get out of this dilemma? If so, outline the main elements
of this third way, pointing out its merits.
Approach:
The answer must show an ethical conflict between the need to abide by the rules of
recruitment (i.e. Rule of Law) versus showing empathy and compassion for someone
who due to taxing circumstances may have astray the right path. Arguments both for
and against the decision must be shown. Finally, devise a mechanism wherein without
compromising with the Rules and without keeping the other institutions in dark, a
compassionate solution may be created for the strayed man.
Answer:
Arguments for Rejecting the Plea of the ex-Clerical Staff:
The merit of this option is that it is strictly as per the Rules of the Recruitment. An
alcoholic or even a reasonable suspect should not be appointed. Thus Rule of Law is
followed.
By rejecting the plea the HoD will be merely telling the Statement of Fact. It cannot be
said that he is rejecting the case of the ex-Clerk. The private University may very well
see the unfortunate episode as a gone by event. Thus after proper due diligence it may
appoint the ex-Clerk, provided he has given up the drinking habit and making nuisance
at work place, as claimed by him.
Since the HoD himself is not sure and he doubts whether the ex-Clerk has overcome his
drinking problem, so by not rejecting his plea, he himself will remain in the crisis of
conscience.
At a later stage the HoD will not be held responsible in any way if the performance of
the clerk is found substandard at the workplace.
Arguments for Accepting the Plea of the ex-Clerical Staff:
The merit in accepting his plea is that it shows compassion and empathy on part of the
HoD.
Mechanically telling some Statement of Fact (i.e. the past facts) without suggesting the
context and some recent developments would actually undermine the spirit of the
Rules and Regulations.
Even in our constitution there is no provision for “Double Jeopardy”. He has already
been punished for his misconduct. It is possible that after knowing the superficial facts
of the case the prospective employers may simply turn down his candidature thus
punishing him again.
The HoD must first ensure that the clerk has really overcome his problem. Ask him to
produce a medical certificate of rehabilitation. Alternately help him out in getting
admitted to a rehabilitation centre. Since he is not a habitual alcoholic and this
problem has surfaced only very recently so it can be rectified soon, if he is
psychologically ‘restored’. For this he needs support of office colleagues.

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At the same time, an alcoholic cannot be appointed if his behavior at office place is Student Notes:
influenced by his drinking habits.
So after ensuring that his rehabilitation doctor has given him a certificate, you
recommend favorably for him. The principle of “Double Jeopardy” requires that he
cannot be punished twice. Also it is presumed that after the ‘sentence’ period a
criminal or offender is as good as a normal law abiding citizen. If the clerk is
rehabilitated clinically for his alcohol habit then there is no point in subjecting him to
the same punishment or even symbolic dogma.
This all may be politely but firmly explained to the prospective new employer. Explain
the overall context of his family circumstances when he took a wrong path. Otherwise
he is a good worker. You may suggest them to take an ‘Undertaking’ from him
regarding his rehabilitation and that any wrongdoing at workplace under influence of
alcohol will invite summary termination.)
The above mentioned way might help the Head of the Department in getting out of the
dilemma which not only ensures that the ex-clerk might be able to get the job but also
justifies his integrity and his actions being consonant with his conscience.

36. You, an anthropologist, have developed cordial relations with a tribal community
which was hitherto isolated from rest of the humanity. Notwithstanding increased
interest of researchers and media for the newly discovered tribe, you are the only
person from outside whom they trust. They are ardent believers in their goddess and,
trusting you, take you to her abode on a holy mountain. To your surprise, you find
that the mountain is a reservoir of Uranium that can be used in your power-starved
country’s nuclear power plants. Besides, you are aware that Uranium being
radioactive, it is highly risky to go near the mountain. You try to convince the people
about harmful effects it can have and the utilitarian value that it possess for the
country. However, they are in no mood to argue and politely ask you to leave. You
fear that very soon the outside world will find about this and the vulnerable tribe
would be displaced from their land.
(a) Evaluate the following courses of action which you can take for their ethical merits
and demerits:
i. You would continue to convince the people yourself about the possible
consequences and urge them to relocate.
ii. You would call in local and national NGOs for protecting the rights of the people
against the State and file a PIL in Supreme Court if the State proceeds with
dispossession.
iii. You would yourself tell the government and the scientific community about the
reserves and let them proceed in their own way.
(b) Without restricting yourself to the above options, state the course of action that
you would take and why?
Approach:
• Give brief introduction – mention the facts of the case and ethical dilemma which
the anthropologist faces.
• Evaluate the options – give merits and demerits in terms of ethical issues listed
above.
• State the course of action with proper reasoning and how will it address or adjust
the demerits which you have listed.

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Answer: Student Notes:
Tribal communities, due to their abode in mineral rich areas have been exploited for
resources in past. As an anthropologist interested in securing rights of the tribal people,
it’s my duty to make them aware of those rights. As a citizen, I should evaluate the
potential costs and benefits which my actions would have for the nation as well as for
the well-being of vulnerable community.
The facts of the case are:
• A vulnerable, newly discovered community which has confided its trust in me,
values a place that has great utilitarian value.
• The Uranium Mountain poses a health risk to the people.
• Media and outside researchers have interest in the place, meaning that the sacred
abode would be discovered soon.
Ethical dilemma which I face therefore boils down to maintaining the trust of the
community versus explaining the potential of the resource (along with its harmful
effects) and facilitating state agencies to exploit it.

(a) Evaluation of given options


i. Convincing people myself and urging them to relocate
Merits-
• I would uphold their right to decide themselves about their choice of settlement. It
is only human and dignified that the community is not patronised and its rights not
appropriated.
• The dangers posed to their health are real and severe, though they may not have
realised it hitherto. It’s my duty to care for their safeguard.
• Not involving outsiders would limit the risk of intervention and building
unnecessary pressure through media, etc.
Demerits-
• This option has very little chance to succeed. Since the community has been living
here since ages, it is not possible to convince them without demonstration of the
harmful effects that may arise.
• Even if it succeeds, there is no clarity whether the Uranium can be utilised or not.
• It will take time and therefore, the whole purpose will be defeated if mining
companies come to know of it.
ii. Calling in local NGOs, filing a PIL in SC on state action
Merits-
• It would provide help to the vulnerable section of the society by making them
aware of their legal and constitutional rights.
• The court and NGOs have functioned as effective guarantors against arbitrary state
action, which is looming very close in this case. Involving them would give a
broader shield against vested interests.
Demerits-
• Since the tribal people trust no one outside and are little aware of existence of
these mechanisms, a decision can be taken in which they themselves are not a
party. The courts can decide any which way, balancing their sentiments and
national interests, but making them submit to the judicial process which they did
not consent to is a broader injustice.

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• It will also raise questions about the trust they pose in outsiders. Even if my Student Notes:
intentions were empathetic, it is difficult to convince them of the motives.
• Potentially delays or even rejects the prospect of utilising a natural resource, as well
as does nothing to address the health hazard.
iii. Telling the Government and scientific community myself about the resources
Merits-
• The precious resource can be utilised for the betterment of lives of general
population.
• The responsibility to address the concerns of the community now lies squarely with
the government
Demerits-
• This is a complete breach of trust which the community has posed in me.
• This is also against the ethics of my profession, through which I’m obliged to
preserve and protect the vulnerable communities against external threats,
including that of state action.
(b) Course of action
Community interest and national interest should be balanced, but the human right to
dignity cannot be compromised.
My priority in this case would be relocating the tribal people because of the dangerous
effects that living in proximity to a Uranium mountain can have. To demonstrate, I will
take the help of medical experts. I would also involve civil society to undertake trust
building measures with the community. More specifically, I will focus on changing the
attitude of their leaders, who can then explain the situation to other members.
Regarding mining of Uranium, certainly it is beneficial but it cannot be undertaken
without the consent of the community. There is sacred attachment of the community
to the site, which has probably continued since long time. Utilitarian concerns cannot
override aesthetic and intimate concerns of the community.
Certainly, efforts should be made in the long run to gain their approval, but as long as
they continue to hold the sacred bond, the mountain should not be touched.

37. You are a young IAS officer posted as SDM of a flood prone sub-division. There is an
old dam in your area which protects about 2 dozen villages from floods. Though the
dam is weak, it is expected to hold up as repair works are being carried upon by the
villagers. One day you receive a call that the villagers in the area had abandoned
repairs and were running away from the work site because the dam was about to
collapse as the force of water was building up. You quickly reach the site and see the
fear and panic induced villagers. Systematised evacuation will take 2 days and if the
dam collapses now, there will be great loss of life and property. You noticed several
geo-bags (synthetic bags which are used to protect hydraulic structures and river
banks from severe erosion) lying at a construction site near the dam which could hold
the dam for some time. You realized that all you needed now was manpower to place
these bags on the dam in such a way as to prevent water from entering the village.
But the people are fear stricken and are preparing to flee.
Based on above information, answer the following questions:
(a) Elaborate on the qualities of a civil servant that are essential in such
circumstances.

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(b) What options do you have to handle this situation? Evaluate each of them with Student Notes:
their merits and demerits.
Approach:
• Discuss various qualities of a good civil servant that comes into play in such
situations.
• Evaluate the various options that are available to the SDM.
• Conclude by suggesting the course of action that the SDM should take.
Answer:
The situation is a tough test for the SDM. The dam must hold up for some time so that
systematized evacuations can be done. For this, geo-bags can help. But the villagers are
so panicked that they are unwilling to take up the repair works.
Essential Qualities
• Emotional Intelligence – high degree of emotional intelligence is very necessary to
successfully handle such situation. The SDM must empathize will the villagers and
correctly gauge the depth of their fear and panic. This will help them to motivate
them.
• Courage and commitment – there is a real danger to one’s life in the situation but
the dam must hold up so that precious lives and property is saved. This requires an
exemplary display of both courage and commitment to the cause.
• Ability to motivate others under tough conditions – the SDM must be able to
motivate people under difficult conditions so that geo-bags can be quickly placed.
• Objectivity and Quick decision making ability – the SDM must be able to take
rational decisions quickly in a situation where one can be overwhelmed by fear and
panic.
• Above all, the situation is a test to leadership qualities of the SDM.
Options available
• Try to motivate villagers to place the geo-bags on the dam.
• Take help of contractors enlisted with the Government.
• Calling his senior (DM) for help.

Evaluation
1) Calling the DM
Merits – as the SDM is a young officer, he might be inexperienced to handle such
situation. Therefore, calling the DM might help.
Demerit – but this will consume some very precious time which could cause
widespread destruction.
2) Taking help of the contractors
Merits – this may solve the problem of manpower as the contractors may provide
sufficient labourers to place the geo-bags.
Demerits – this option is also time consuming and the contractors might be unable
to provide sufficient labourers at such a short notice. Also, the labourers too might
get scared and refuse to work.
3) Motivating the villagers
Merits – this will provide sufficient manpower to place the geo-bags. As the
villagers are present on the site, precious time will be saved.
Demerits – the SDM might be unable to motivate the villagers.

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The villagers are the largest stakeholders in the situation and they can provide sufficient Student Notes:
manpower quickly to place the geo-bags. Therefore, the SDM should motivate the
villagers and place the geo-bags on the dam with their help. He can appeal to their
sense of sacrifice and responsibility towards their families and community. He can also
lead by example and start to place the geo-bags himself. His courage will have a
tremendous effect on the villagers and motivate them to take up the work. In the
meantime, he should also arrange for evacuation.

38. You are posted as the Sub-Divisional Magistrate (SDM) in a district. As the SDM it is
your responsibility to conduct interviews and select a candidate for the post of an
ASHA worker in the district. On the day you are conducting the interviews, you are
approached by the MLA of the local constituency who asks you to choose a particular
lady for this position by overlooking the other candidates. On checking her documents
you find that she is eligible in all respects. The MLA implores that she should be given
the post on compassionate grounds as her husband was a soldier who was martyred
in a war. Some of the options to handle the situation could be as follows:
(a) Ignore the MLA and proceed with the process of selection.
(b) Speak to your superior and seek his guidance on the matter.
(c) Appoint the lady to the post as it is a compassionate appointment.
Also suggest other possible options.
Evaluate each of these options and suggest the best course of action, giving reasons
for it.
Approach:
• Evaluate the options suggested in the case study and also suggest other possible
options.
• Suggest the best course of action that portrays ‘compassion’ as well as awareness
of rules and respect for laws as well as procedures.
Answer:
This is a delicate situation where two important values – compassion and objectivity –
required in civil services are coming in conflict with each other. While one would be
tempted to help the family of a martyr, an officer cannot be unfair to other candidates
in such a situation. The evaluation of the given options is as follows:
a) Ignore the MLA and proceed with the process of selection.
In India, MPs and MLAs act as crucial media for unempowered citizenry to
participate in local administration, address their grievances and receive genuine
benefits from government. So, I will not completely ignore the MLA as it will be
against the ethos of democracy. I will try to take him on board while taking
decision. I will listen to what he has to say and will make him understand that the
selection cannot be made without due process. I will explore if this post is reserved
for appointment on compassionate grounds and proceed accordingly. If that is not
the case I will make the MLA and the lady aware about other posts which are
reserved for such an appointment.
b) Speak to your superior and seek his guidance on the matter.
Seeking the advice of senior officers is a good step as they have greater experience
and clarity. However, in this case the advice rendered will have limited application.
This will not be required as the right thing to do here would be to follow the due

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process and rules in carrying out the procedure for selection of the post. The senior Student Notes:
officer would advise one to do the same. Though, I would seek information from
my superiors if any other posts reserved for compassionate appointment exist.
c) Appoint the lady to the post as it is a compassionate appointment.
To straightaway appoint the lady without following the due process of selection for
the post will be a violation of the rules, despite the fact that she needs
compassionate appointment. Appointing her would also be unfair to other
candidates. Further, there might be other candidates with a similar situation who
are trying to make it on the basis of their own abilities. So, this should not be done
in any case. One should appoint the lady only if she is the most suitable candidate
according to the criteria and after following the prescribed process of short-listing
candidates.
Best course of action would be as follows:
Whether the position in question is reserved for compassionate appointment or not I
would advise the MLA to make the lady apply as a candidate for the post. I would carry
out the prescribed procedure to select the ideal candidate. In case she is unable to
qualify as the most suitable candidate in the process, I would try and find out other
vacancies for her in the government (especially positions reserved for compassionate
appointment of spouses of martyrs). I would extend all my support to the lady to
ensure that she gets a job at the earliest, by following the rules. It is to be noted that
creating an exception in appointments will pave the way for future distortions in
selection procedure of ASHA appointments.
I would also like to enquire if the lady has any special needs (sickness of any family
member, marriage of children etc.) In such a case I would help her out with appropriate
provisions under the existing government schemes.

39. You are the District Magistrate of district, which has recently witnessed rapid
transmission of the Covid-19 pandemic. The district has high population density and a
sizeable chunk of migrant workers. There has been a shutdown of business activities
and the workers are yearning to go back to their native places. The administration
has announced a strict lockdown and divided the district into containment zones.
There is a severe shortage of people, material and money in the administration and
fear and panic is seen to be gripping them.
(a) What are the qualities of a civil servant that are revealed in such testing times?
(b) What measures would you suggest for:
(i) Dealing with the current issue.
(ii) Making the district administration more resilient to respond to such a critical
situation in the future.
Approach:
• Briefly explain the gist of the case study.
• List the qualities of a civil servant revealed in these times.
• Discuss the measures to deal with the current situation.
• Suggest the ways to make district administration more resilient.
• Conclude appropriately.

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Answer: Student Notes:
The given case involves various legal, administrative and ethical issues faced by the civil
servants while dealing with the spread of virus and managing accompanying socio-
economic fallout. In the absence of clear guidelines, the district magistrate has to be
on the frontline to deal with the ever-changing situation displaying qualities like:
• Promptness and flexibility in action: The administration has to timely impose and
enforce lockdown and social distancing norms. Further, prompt action needs to be
taken as the crisis unfolds.
• Communicative and persuasive: Delivery of accurate and reliable information
about the virus, which helps in debunking myths and misinformation is pertinent.
Further, people have to be persuaded to diligently follow the government’s
instructions regarding social distancing and quarantine.
• Empathy and compassion: While performing administrative duties, public officials
need to be considerate about the difficulties faced by the migrant workers and
marginalised people. Future course of action needs to accommodate the issues
they face.
• Collaborative and networked leadership: They bring all the relevant stakeholders
like civil society, media etc. together and steer them in the right direction so that a
coordinated response can be arrived at to deal with the crisis.
• Ability to think in new ways: Civil servants who are used to operating in routine,
predictable and regulated systems needed to deploy quick thinking, creativity and
innovation to deal with the disruption caused by the pandemic.
Measures to deal with the current situation include:
• Testing and containment:
o Increase testing and focus on tracing and isolating the infected people.
o Identification of hotspots and restriction all activities except provisions for
essential services in the designated hotspots.
• Communication and community engagement:
o Initiate information, education and communication (IEC) outreach by involving
public figures and civil society organizations to make people aware of the
nature of the pandemic and their individual roles as responsible citizens.
• Provide essential supplies:
o Make provisions for food, education and health services for the needy.
o Create a database of migrant workers, make adequate arrangements for them
regarding food and accommodation and collaborate with local businesses to
create job opportunities.
• Ensure adequacy of resources:
o Inform the state administration about the deteriorating conditions and request
for allocation of more resources.
o Appeal to businesses, charitable institutions and individuals for resource
contribution.
o Approach private hospitals and nursing homes to work in tandem with the
district administration for emergency aid.
• Provide psychological and legal support:
o Arrange tele-consultation facilities and provide counseling service to frontline
workers and citizens who are distressed due to the pandemic.
o Women who face instances of domestic violence during the pandemic should
be given adequate psychological and legal support.

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Measures for making the district administration more resilient do deal with future Student Notes:
situations are:
• Prioritise strengthening of healthcare infrastructure, particularly primary
healthcare. Greater access to quality care leads to timely diagnosis and picking up
of early warning signals and symptoms in case of an outbreak and adequate
training of healthcare professionals to deal with the situation.
• Develop better and more effective public services for future crises through
networking, collaboration, and learning from successful practices and mistakes. For
instance, South Korea efficiently managed COVID-19 pandemic by building
hundreds of high capacity screening clinics and temporary government hospitals
and addressing shortages of PPE through centralised government purchasing.
• Create an emergency response system to ensure timely allocation of resources for
future crises. Essential supplies such as protective equipment, medicines, food
grains etc., should be adequately stocked.
• Digital infrastructure should be improved and enhanced as technology has played
a key role in disseminating information and sharing best global practices. It was also
used for business and education purposes.
To effectively perform these duties, a public servant must have the traits of versatility,
adaptability, creativity, transparency and accountability and he/she must be
empathetic, collaborative, and competent in the use of technology.

6. Emotional Intelligence
40. You are an A.C.P. in New Delhi. There has been a steep rise in incidents of racial
discrimination in the area falling under your jurisdiction. Recently, a young boy from
North East was beaten badly by a mob in a market area. This has led to protest by
students from the North East region. They have gathered outside your office and are
demanding strict action against the culprits.
(a) What will be your strategy to manage the situation. Bring out a plan to counter
such incidents in the future.
(b) What is the use of emotional intelligence in such situations?
(c) What are the social and attitudinal factors responsible for racial discrimination.

Approach:
• First part of the answer should outline the strategy to manage such situations and a
course of action to prevent such incidents in future.
• Second part of the answer should bring out use of emotional intelligence in these
kinds of circumstances.
• The third part of the answer should outline factors (emotional and attitudinal)
which flame racial hatred. Also, analyze them in brief.
Answer:
a) Strategy to manage such situations:
Immediate Action:
• Empathetic listening to their grievances.
• Promise to take strict actions in future.
• Promise of fair trial.
• More police patrolling in neighbourhoods having high presence of members from
North East Community.

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• New helpline for distress calls. Student Notes:
These actions would help in rebuilding the trust and faith among the North East
communities and people protesting.
Plan for future:
• Legal awareness campaigns in neighbourhoods that have a significant presence of
members from the North East community and on introducing lectures on legal
rights for university students.
• Social media can be used for improving connectivity and communication with the
community. A dedicated Facebook page can be created and nodal police officers
should be in constant touch with members of the community on WhatsApp.
• Sports can be used to increase the bonding between people of different
communities.
b) Emotional intelligence is use of emotions to guide thinking and behavior and
preventing being overwhelmed by them .It enables to recognize and regulate emotions
of our own self and that of others. The situation given in the question asks for
emotional intelligence to manage the emotions aggrieved students group.
• An emotionally intelligent person will understand the feelings of the outraged
public by understanding the reasons behind it. Also, understanding those reasons
one is in a better off position to make a bonding with the aggrieved party and build
trust. It will sooth their impulse and bring rationality in behavior.
• Emotional intelligence will help him to cope with stressful situation.
• Becoming more aware of emotional triggers that can instigate an angry violent
response.
As empathy is one of the core elements of emotional intelligence. It helps in caring .An
empathetic attitude will help to tone down impulses and alleviate the suffering of the
minorities.
c) Emotional and Attitudinal factors:
• Prejudice: A negative attitude toward an individual based on his or her membership
in a religious, racial, ethnic, political, or other group. Racism is a specific form of
prejudice, involving prejudicial attitudes or behavior towards members of an ethnic
group.
Prejudice has cognitive, affective, and behavioral components. Based on beliefs, it
can affect one's emotions and behavior, sometimes leading to discrimination.
• Stereotyping: It is attributing a series of traits to individuals based on the
one trait that signals their membership in a particular group. By definition,
stereotypes are limiting and disregard people's individuality. They also lend
themselves to negative and derogatory assumptions.
• Social categorization: In social categorization, we place people into categories.
People also reflexively distinguish members of in-groups (groups of which the
subject is a member) from members of out-groups. Furthermore, people tend to
evaluate out-groups more negatively than in-groups. In this way, social categories
easily lend themselves to stereotypes in general and to negative stereotypes in
particular.
• Discrimination: Discrimination is generally understood as biased behavior, which
includes not only actions that directly harm or disadvantage another group, but
those that unfairly favor one’s own group .
• Self Esteem: People sometimes use prejudicial attitudes and discriminatory
behavior to boost their own self-esteem. When people's self-esteem is threatened,
prejudicial actions such as racism appear to restore esteem.

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• Dominance: Racism may be driven by dominance motives. Evolutionary Student Notes:
psychologists argue that humans, like many other primates, are hierarchical
animals. To have a hierarchy, there must be status differences between people.
Racism helps preserve status differences because it oppresses minority groups.
• Survival: Prejudice and racism in particular may be driven, in part, by basic survival
motives. Humans evolved as a species that thrives in groups, and groups compete
over scarce resources.
• Fear : People often fear groups that they do not understand. Fear of ‘other’ can
easily lead to discrimination, rejection , hatred ,etc.
• Impulse : People generally react with impulse against people of different groups
Lack of Empathy (Cultural sensitivity): Lack of cultural sensitivity is the root cause for
such attacks and discriminations.

41. In a district, in which you are posted as a District Magistrate, a teacher molests a child
in a government run school. As the news of this crime spreads, the parents, relatives
and locals gather at the school. The culprit teacher has meanwhile fled. The police
arrests the Principal of the school and assure the crowd that the culprit would be
arrested soon. The crowd, however, has gone berserk and begins to damage the
school building. It wants immediate arrest of the culprit and is not ready to budge
until he is arrested.
(a) Is it correct to take the Principal into custody when he has personally not
committed the crime? Support your answer with appropriate reasons.
(b) What options do you have in dealing with the crowd? Enumerate the merits and
demerits of each and also suggest the best possible option.
(c) In the capacity of District Magistrate what would be your long term plan to
prevent molestations and rapes in the schools?
Approach:
• Analyze the case and ethical issues involved and then comment on the correctness
of arresting the principal.
• Suggest and evaluate the options of dealing with the crowd.
• Give a plan of action to prevent sexual crimes in schools.
Answer:
(a) The Principal can be taken into custody for preliminary investigation. If it is
established that principal had made required investigation about the teachers’
credentials before appointing them and necessary arrangements to prevent such
crime, then he is not liable for an act done by a member of his staff, since no one
can take guarantee of the acts of another human being. Though, he can own a
moral responsibility but is not liable to be arrested to sooth the collective
conscience of the public. However, if his negligence or willful dereliction in
appointment and security measures is evident, then he should be arrested for
abetting the crime.
(b) The options available in dealing with the crowd are:
• Use of force to disperse the crowd and arrest the arsonists.
Merits: Public is taking law into its own hands by passing judgment and
deciding the punishment. This is against the rule of law. Hence, District
Magistrate will be performing his constitutional duty by upholding the rule of

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law. Also, he will be saving the school building. Its damage will cost the public Student Notes:
exchequer and jeopardize the education of children of the school.

Demerits: This is an emotional issue for the people and using force on them
will be insensitive. It may also result in counter attack from crowd in an
emotionally charged atmosphere, putting both my men and crowd in grave
danger.
• Assuring the crowd of arresting the culprit and warning them of strict action
in case of further violence.
Merits: It will help in becalming the crowd and save use of force and further
escalation of violence. It will uphold the rule of law. The filing of FIRS against
rioters would act as deterrent force against future violence.
Demerits: This option does not have any apparent demerits.
Thus the best course of action would be to send a strict warning to crowd that
they should stop rioting. Send the search teams to arrest the culprit and inform
the crowd about all possible efforts being taken including the interrogation of
the principal and other staff.
Administration should be in constant interaction with all the stakeholders and
abreast them with all the developments. Meanwhile, the premises of the
school should be guarded and anybody trying to harm it be arrested.
Further, the crowd should be informed about the long terms plans that are
going to be implemented very soon so that no such untoward incident occurs in
future.
(c) Following long term action plan should be taken to prevent rapes and molestations
in schools:
• Issue guidelines about compulsory checks to be made by school authorities in
appointing the teaching and non-teaching staff of the schools. Failure to comply
with them will be made liable to punishment/fine.
• Random surveys of school by the officials to see that they have necessary
infrastructure like appropriate lightning, separate toilets for male and female
children and the staff etc.
• Sensitivity training and training of ethics and morality for the staff. Making
them aware of the penal provisions for sexual crimes.
• Parents and teachers to make children aware about the differences between
affectionate touching/loving and sexual overtures.
• Asking parents to encourage their children of reporting any uncomfortable
incident so that remedial action can be taken beforehand.
• Sensitizing the administration towards such cases and cultivating a pro-active
and zero tolerance attitudes towards such acts.
Creating a website or mobile app for parents and teachers to report any untoward
incident so that spontaneous action is taken up.

42. You are the SP of a district where a large number of followers of a particular sect
reside. The district also hosts a large Ashram where regular gathering of the followers
take place. The leader of the sect has been under the scanner of the judiciary for his
involvement in illegal activities. Now the court has ordered his immediate arrest and
an order pronouncing the same has been sent to you. You have been asked to comply
with the orders within two days. A large number of followers, which include women
and children, have already thronged the Ashram in anticipation of arrest of the

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leader. Intelligence units have informed about the presence of not only large stock of Student Notes:
food and water but also ammunition, inside the Ashram. Your request urging the
followers to vacate the site has failed.
(a) What could be the reason for people’s defiance?
(b) List the issues involved in the case.
(c) What will be your plan of action?
Approach:
• Explain the reasons for people’s defiance.
• Discuss issues like absence of scientific temper in the society, ethical dilemma of
following the court order, which may cause violence, or not following it.
• List your plan of action.
Answer:
a) Various factors may be attributed for the resistance put up by the people:
• Prevalence of superstition, blind faith and ignorance which leads to emotional
outbursts and provocative behaviour. This type of behaviour is further
aggravated due to peer pressure.
• Lack of understanding/seriousness of the issue and the consequences of
preventing a law officer from executing his/her duty.
• Perceived sense of security in mob action which brings anonymity and diffusion
of responsibility.
• Perception of soft state and its poor law enforcement.
b) The issues involved include:
• Lack of scientific temper and rationality in the society, which is a consequence
of lacunae in our education system, which does not focus on moral education.
• Ethical dilemma for the executive: To promptly follow the court orders which in
the current situation might lead to violence among people particularly women
and children.
c) My plan of action:
• I will repeatedly request the people inside the Ashram to allow the arrest of the
leader in a peaceful way for a fair trial. The message will invariably include a
timeline for strict action by resorting to force. The message will be conveyed by
various means of communication like dropping pamphlets from air, using
broadcast media etc.
• Stern warning will be issued to the Ashram authorities and those involved in
inciting the followers. Influential leaders will be roped in to convey this
message. A time based action plan will be issued for non-compliance.
• Further logistics like water and electricity will be cut off to facilitate the
operation.
• Disaster management teams and health services will be kept on alert for any
adverse eventualities.
• After the deadline for evacuation gets over, force will be used to get entry into
the ashram to execute the court orders. Anyone obstructing the operation will
be dealt as per the law.
• However, the standoff may require more time if major violence is encountered
as intelligence reports confirm the presence of ammunition inside the Ashram.
A hostage situation is also possible wherein few people may be holding others

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as a human shield. A fair assessment of the emotions of the crowd is also Student Notes:
critical as the crowd may also indulge in violence.
• If unintended violence is suspected, I will ask the court to grant me some more
time for executing the court orders in view of unprecedented circumstances
which may involve life and safety of innocent people.
All efforts will be made to maintain peace and brotherhood in the city and avoid any
inter-community conflicts by clearly projecting the incidence as a law and order
problem. Those involved in politicizing the incidence will be booked under IPC and
relevant sections.

43. You are posted as Superintendent of Police (SP) in a district, which has a bustling
market in the district headquarters with a high footfall. The area has traditionally
been occupied by street vendors and hawkers. They form an intrinsic part of the
market system in the area and derive their livelihood from it. Recently, you got
reports that the policemen posted in the area harass the hawkers and also extort
‘hafta’ – a weekly bribe - from them despite complying with the laws. It has been
brought to your notice that while those who comply with this arrangement are
allowed to carry on with their daily operations, those who do not are being evicted
from the market area. In the process of eviction, they are even physically assaulted
and their saleable items are often confiscated and destroyed. As a result, some street
vendors have been staging protests against the local administration in the market
and have blocked the normal market passage. They have also threatened to intensify
their protest over a period of time. The local police, however, has been in denial of
any such wrong doings and argue that they are merely removing illegal
encroachments, which were causing traffic jam in the area. In this situation, answer
the following:
(a) Mention the stakeholders and ethical issues involved in the case.
(b) As the Superintendent of Police, what course of action would you adopt for
diffusing the tensions in the area? Also, suggest some policy recommendations, which
will help resolve the issues in the long-term.
Approach:
• Briefly discuss the issues given in the case.
• Mention the stakeholders and ethical issues of the case.
• Highlight the course of action to be taken to diffuse the tension in the area.
• Suggest policy measures that can be taken to resolve the issues in the long term.
Answer:
The given case study aptly highlights the issues faced by the street vendors while
performing their day-to-day trade operations. It deals with the problems of forceful
eviction, assault by policemen, bribery (policemen collecting bribe from the hawkers),
etc. which are generally carried out in the garb of removing encroachment.
Stakeholders involved in the case
• Street vendors and Hawkers: They are the prime stakeholders in the case. Due to
forceful eviction of many, their livelihood is at stake. Also, many of them need to
obtain legal permit for hawking, instead of bribing the policemen.
• District administration including local police: The local police is allegedly involved
in the case of bribery and corruption. As eyes and ears of the administration, they
need to comply with the laws and perform their duty with utmost integrity.

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• Superintendent of Police: As the head of the police department, the SP must take Student Notes:
actions to stop such practices and maintain law and order in the region.Market
Association: The association of shopkeepers and hawkers should ensure that all
vendors have legal permit and report any wrongdoing on behalf of the policemen
to the higher authorities.
• Customers: Forceful eviction of street vendors is likely to affect the availability of
products for the customers.
Ethical issues in the case:
• Right to livelihood: The frequent evictions and destructing of saleable items
threaten the livelihood opportunities of street vendors and can subsequently push
them into the vicious circle of poverty and perpetual debt trap.
• Misuse of powers: Belonging to underprivileged and marginalized section of
society, the street vendors and hawkers are harassed and even physically assaulted
by the local administration quite frequently.
• Rule of law: Despite compliance with other laws, the street vendors are extorted
upon refusal to pay hafta or weekly bribe to the 'needy' local policemen.
• Individual and collective rights: Street vending raises the tension between the
individual right to work and the collective right to public space.
Course of action
• Firstly, the SP must set up an enquiry to investigate into the matters of corruption
and bribery by the local police. If incriminating evidences are found, punitive
actions should be taken against the erring officers.
• Secondly, awareness drive should be carried out in the market to make the street
vendors and hawkers aware of the provisions of the Street Vendors Act, 2014.
• Thirdly, all the vendors and hawkers should be registered as per the provisions of
the act and should be allowed to carry on their trade or business subject to
regulation and reasonable restrictions.
• Arrangements should be made in a manner that roads are not encroached upon
and the free movement of commuters is ensured.
• In association with the local market committee/forum, a mechanism should be
established to receive complaints against the corrupt public officers on regular
basis.
Long-term policy recommendations
• The local municipal authorities should set up designated vending zones for
hawkers to enable them to practise their trade peacefully.
• A Town Vending Committee with representation from all stakeholders - street
vendor organisations, civil society groups, traffic police and municipal authorities
should be set up to address the concerns of street vendors.
• The committee should register vendors, providing them with identity cards to
better regulate hawking activities in public areas.
• Rights of the commuters to move freely and use the roads without any
impediment should be ensured by developing site specific arrangements.
• Since the hawkers and vendors' right to carry on hawking has been recognised as a
Fundamental Right under Article 19 (1) (g) of the Constitution by the Supreme
Court, it is the responsibility of the local administration to ensure that the hawkers
and vendors earn their livelihood with dignity and honour.

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44. You are waiting in your car for your turn at a toll tax booth. You suddenly witness Student Notes:
some men heckling and manhandling the toll booth operator and vandalising the
property at the toll booth. They are accompanying a local politician who was passing
through. Disgruntled with the fact that they were asked to pay the toll, they began to
argue that the toll is too high and the public is being exploited by charging an
unreasonable toll fee. At the same time they are also warning others against paying
the toll fee. However, the other people around you are keeping with themselves,
without anyone coming forward to intervene. While you also felt that the toll was
quite high, you believe that this is not the right thing to do.
(a) Bring out the ethical issues in the case above.
(b) What accounts for such an overt display of hooliganism in our country.
(c) What is the course of action that you would take? Justify with appropriate
reasons.
Approach:
• Bring out the ethical issues.
• Discuss the reasons for display of violence and power in the country.
• Discuss the course of action you will take with appropriate reasons.
Answer:
The given case demonstrates the impunity with which the powerful break the law in
our country. They not only take law into their own hands, but also dissuade others to
follow lawful action. With the implicit guarantee that local administrative machinery is
either with them, or will not be able to take any action, such people demonstrate that
rule of law is more of a theoretical construct rather than a practical guarantee for
citizen’s rights and state’s actions.
(a) In the given case, the ethical issues can thus be identified as:
• Attitude towards the authority of state
• Exercise of power on the weak
• Demonstration of inequality in the society that manifests in various forms
• Passive approval to hooliganism for personal benefit
• A slippery slope for the society to anarchy if it fails to check violation of rule of
law. No person has the right to take upon the law in his hands and be judge for
what is good or bad for the rest of population.
There is also a question of Personal benefit vs Social benefit. While not intervening will
save the toll as I also feel that the toll is high, but keeping silent will amount to
approving of violence. It will encourage hooligans and they will repeat this behaviour
disturbing peace in the society.
Non-violence: If those men had problem with toll, they should use non-violent means.
Using violence is inherently bad and cannot be approved even if for the purpose of
larger public good.
Loss of public property: Loss of public property can never be justified on the annals of
public morality.
Injustice: Not paying the toll by few will be unjust to those who have paid the toll.
(b) Such incidents are common in our country as we often hear news about miscreants
vandalising public and private property and beating or killing people at will.
Following factors can account for such behaviour in our country:

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● Powerful people like politicians, rich businessmen or criminals have scant Student Notes:
respect for law. They feel that they have resource to escape the clutches of law.
● Public believes that people indulging in such behaviour are serving their cause.
While at other times it is ready to take narrow benefits accruing out for them.
Thus such hooligans get public support.
● Public has developed an apathy towards such violence and hooliganism and
does not risks its well-being by intervention. This encourages violence and
disdain for law.
● Decline in ethical values among people where short term personal benefits
supersede long term societal and national interests has boosted such
behaviour.
● Lack of education and quality employment opportunities ensures supply of
people to the powerful individuals who can employ and exploit them for their
personal interests.
(c) The issue here is obstructing the functioning of the Toll Booth established under a
state order and therefore acting as an " agent of the state which is a penal offence.
Such action causes " affray" - an offence under the IPC and therefore the police
should be informed by phone to take immediate action as there might be a breach
of peace.
Since the hooligans are indulging in violence, I cannot remain a mute spectator. But
direct intervention may lead to them turning their ire at me. Further people may not
come out to support me so it would not be a wise choice. First, I would immediately call
the police. I can be a witness against the goons. But involvement of local politician may
possibly impact the investigation by the police. I can make a video clip of the whole
incident and use it to prove the involvement of miscreants. Today social media has
become a powerful tool for mobilising public sentiment which often moves the
government machinery into action. I can post the clip on social media to bring to the
public and print and news media, the illegal action of miscreants.
In such situations, emotional intelligence can be a potent tool in the armour. I will have
to demonstrate exceptional leadership capability through EI in order to minimise the
damage that the goons are doing. Also, the person who is being beaten is merely a staff
at the booth and was only doing his duty. I must take all measures to protect him..
Talking to hooligans in a friendly manner will help me gain their ear. I can try to cool
their tempers down and talk them out of the situation.
At the same time, I will write to the competent authority about the high toll rates. I
would bring to their notice that general public is not happy with the toll and this may
lead to recurrence of such incidents again. I would request them to reduce the toll rates
in their own as well as public interest.
Through, such course of action, I will aid the delivery of justice. It would also give me
satisfaction in doing morally upright thing. I would also be able to do something about
the high toll while probably preventing violence against public personnel and property
in the future and serving the larger public interest

45. Tobacco is one of the major commercial crops cultivated in a district, where you have
been posted as the District Magistrate. But being a signatory to the UN Framework
Convention on Tobacco Control, it is obligatory upon India to phase out tobacco
cultivation by 2020. The state government had constituted a committee, which has
recently submitted a report to gradually phase out its cultivation and rehabilitate
farmers who shift to alternative crops. However, fearing loss of livelihood, farmers
have blocked the railway lines, causing disruption at various places. They are

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demanding written assurance from the state government that tobacco cultivation will Student Notes:
be allowed to continue.
(a) What are the ethical and administrative issues involved in this matter?
(b) What are the options available to you as the District Magistrate?
(c) Evaluate each of these options and choose the option, which you would adopt,
giving reasons.
Approach:
• Identify ethical issues and administrative issues involved in the case.
• Mention the options available to you.
• Discuss the advantages and disadvantages of each option and indicate which action
would take providing justification for the same.
Answer:
(a) There are various ethical issues involved in the case. They are as follows:
• Right to livelihood of farmers vs. Duty of State to ban items injurious to health
of a person.
• Obligation of state under UN convention to end tobacco cultivation.
• Right to consume healthy products vs. right of choice to consume tobacco
products.
• Rights of family members of those who consume tobacco
• Right to live in a safe environment by society
The Administrative issues involved in the case are:
• To immediately restore the services of railways as disruption of railway service
is not only affecting passengers but also blocking the transportation of goods
which may put a huge economic cost on the country.
• Ensuring adequate security to public and to the government property in case
the protests by farmers become violent.
• Providing adequate medical facilities in case the protests become violent and
police force is needed to be used.
(b) Options available to me as District Magistrate are:
• Persuading farmers to end their protests
• In case the persuasion fails, using adequate police force to immediately restore
railway services
• Informing senior officers and wait for their instructions
(c) Following are the advantages and disadvantages of each of actions given above:
Persuading farmers to end their protests
Farmers are protesting because of fear of loss of livelihood. As District Magistrate, I will
try to explain the provisions of the government committee recommendation for
alternate employment of farmers and compulsion of state government to ban the
tobacco cultivation. I will also include influential people from locality in this effort of
persuading farmers. I will further reassure them that their demands will be forwarded
to government and that their rights will be protected under the legal framework of the
state. Assurance would also be given regarding all the help possible for them in the
process of transition to alternative crops/livelihoods.
Advantage- Talking to farmers will provide a sense of security in farmers that their
grievances are being heard seriously and may ensure calming down of their fears. This
action may lead to amicable dissolution of protests by farmers which will be long

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lasting. There may not be any need of police action or use of coercive forces. Also, a Student Notes:
constructive process may come out of this action as farmers will be able to understand
the rationality of ban and that their fears are misplaced and may come forward to
better implement the policy.
Negative- However, this course of action may take considerable time during which
railway services will be disrupted. Also, vested interests may join farmers to further
aggravate the situation. Media will also sensationalize the protest which may also work
as a fuel for further escalation of the situation.
Using adequate police force to immediately restore railway services
Advantage of this action includes immediate restoration of railway services. This will
ensure that passengers reach their destinations at the earliest and transportation of
goods to different parts and commerce are not hit badly and railway property is kept
out of the possibilities of damage.
However, resorting to police action will cause further resentment and protestors may
turn violent, which can cause loss of life and property. It can further aggravate the
situation by sensationalizing the whole issue.
Informing senior officers and wait for their instructions
Advantage: I will get the benefits of experience of my senior officers and at the same
time I will be assured that my actions have a nod from my seniors.
This course of action may lead to time delay due to which the state machinery may be
seen as lax and irresponsible. This will not only reflect badly on the state machinery but
also on my own decision-making abilities.
Option that I will adopt
I, as District Magistrate, will adopt the first option i.e. will try to persuade farmers to
end their protests. In the meantime,
• I will instruct the Chief Medical Officer to prepare for any eventuality and ensure
adequate medical facilities are given to needy passengers or farmers if the protest
turns violent.
• I will ensure that passengers are provided with essential services like food items
etc.
• I will also take precautionary measures by keeping the police force adequately
ready to deal with any unpleasant situation, in any case.
If even after my attempts at persuasion, the farmers do not agree to end their protests,
I will use adequate police force to deal with the situation., but only to ensure that
protests are shifted away from railway tracks while ensuring that the masses are not
injured or harmed.
Right to protest is a legitimate right in a democracy. However, the state has a
responsibility to thrive towards intellectual, economic and socio-political progress of
the society. Ensuring this may be riddled with challenges, but as an agent of state, it is
my duty to convince the protesters about the benefits and the rationale for progressive
decisions. Doing so, I will demonstrate emotional intelligence in handling the issue as
well perseverance and fortitude in the face of adversity. Making provisions for adverse
situations is also a reflection of having a comprehensive view of the situation, a
necessary civil service value.

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7. Ethics in Public Administration Student Notes:

46. Mr. X worked in the human resources department that was interviewing applicants
for a top job in a widget company. After reading many applications, one stood out
way ahead of the others. Then he realized that he knew the applicant, Mr. Y. They had
hung out together when they were teenagers. Mr. Y had been a wild kid and once
was arrested for shoplifting and the possession of drugs. Mr. Y had completed
mandatory counseling and, as far as Mr. X knew, Mr. Y had straightened out his life
and had done well during the last twenty years. Mr. Y hadn't indicated in his
application that he had once been arrested and Mr. X feared that the company would
never hire someone with a police record, no matter how minor or how long ago the
offence was. Do you favor Mr. X revealing the information?
Answer:
1st Approach
In this case, principle of integrity applies. In line with the global professional and ethical
standards you should always act with integrity. This means being open and transparent
in the way you work. It also means being honest with others and never trying to hide
the facts or purposely deceive those to whom you have a professional responsibility. So
Mr. X need to tell the company and let them decide what is the best for company's
interest. Moreover, in above case Mr. Y has already committed a crime by not disclosing
all the information to company regarding his arrest or conviction so this also need to be
taken into account where it is reflected that above person in future could distort the
facts for his benefit.
2nd Approach
Yes, because of the following reasons.
• If he does not reveal the information it is against the policy of the organization.
• In future, if this information is revealed than action can be taken against both the
gentlemen.
• Mr Y today might be a reformed person but he is being unethical by not disclosing
the facts about himself. Thus, he is reformed person, may be merely an opinion of
Mr X.
• The company must have taken up such policy because of high ethical standard. If
Mr. X is hired and later this information is revealed than company shall loose
credibility and thereby several clients. Thus, Mr. X should not take such a huge risk.

47. You, the chairperson of a State Public Service Commission (SPSC), come to know that
there were instances of rampant cheating in a competitive exam conducted recently
by the SPSC. Your daughter, who also appeared in this exam and is confident of
clearing it corroborates the same. However, she denies engaging in any such activity
herself. Whatever decision the Commission takes is bound to affect the career of a
large number of candidates who appeared in the exam, including your own daughter.
(a) Identify the different stakeholders and their interests in the case above.
(b) Enumerate the options you have to handle the current situation. What will be your
choice and why?
(c) Suggest measures that you would take to make sure that a similar situation does
not arise in future.
Approach:
• Identify the different stakeholders and their interests.

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• Discuss the options available and give reasons for the most suitable option. Student Notes:
• Enumerate measures that can make sure that similar situation can be avoided in
future.
Answer:
(a) This given situation is of an administrative crisis for the State Public Service
Commission, while for the Chairperson, it demands ethical conduct in professional
duty and personal life. Tackling corrupt practices, salvaging the image of the SPSC
and restoring faith of students in the Commission should be the highest priority
for him. Making the examination process corruption free augurs well for the future
prospects of all the students including his daughter. The different stakeholders and
their interest include:
• The SPSC, represented through its Chairperson- To ensure that any unfair
practice brought to public notice is duly enquired upon and action taken quickly
to restore faith of students and people in fairness of the process.
• Student community who are directly affected due to corrupt practices.
• Administrative machinery of the State, responsible to oversee examination and
conduct it in correct manner. Their credibility is under question because of their
failure to act earlier.
• General Public and their trust deficit in a Constitutional body that selects
officers to govern the State.
• Student community who are directly affected due to corrupt practices. This
includes the daughter of the Chairman as well.
(b) Options available are as follows:
Option 1: Ignore the complains of cheating
Merits
• Cheating is an unavoidable but minimizable aspect of any exam. Since strict
vigil at all places cannot be maintained even during re-exam, there is no point
cancelling the current one.
• It will maintain status-quo within the organisation.
• It may be expected that only a few of those of cheat will get through, largely
the lot will be hardworking and honest.
Demerits
• Cheating makes a mockery of the competition which is being used to assess the
capabilities of future leaders and decision makers.
• It will rob the opportunity from hundreds of deserving candidates.
• Non- deserving and morally corrupt candidates will become officers, who in
return will rot the administrative system.
Option 2: Set an internal enquiry, but let recent exam process to get over
Merits
• Internal enquiry will help authenticate the news of cheating in the exam.
• It will help curb such practices in the future.
• Relief for students who have cleared this year.
Demerits
• Enquiry is time taking process. And if the the incidents of cheating were real, it
means recruitment of non-meritorious candidates.
• Internal enquiry might be sabotaged since there are chances that someone
from the Commission might be involved.

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Option 3: Temporarily suspend the examination process and demand an external Student Notes:
investigation.
Merits
• It will make sure that those who used unfair means are not selected.
• Will send the message to the public that the Chairperson is incorruptible and
puts public interest ahead of his personal interest.
• Will restore the faith of general public and candidates in the Commission.
• Will prevent any internal interference in investigation process.
Demerits
• The ability to conduct fair exam and to investigate cases of irregularities by the
State Commission will be questioned by certain sections.
• Stalling will keep the deserving candidates in uncertainity.
• Before cancelling the examination process, it is important to ascertain the
veracity of cheating allegations.
• It may also hamper the selection of Chairperson’s daughter.
Preferred course of action
The issue is the institutional integrity of the SPSC and the preferred course should
be 'no compromise’ as the public trust, transparency and integrity of the process of
recruitment of civil service is a major plank of a democratic modern state.
• First step should be reasonably ascertain whether rampant cheating has taken
place or not. This can be done even without an enquiry so that quick corrective
actions be taken.
• If the cheating was confined to a few centres then re-conducting exams at
these centres may be considered.
• If it was widespread throughout the state then cancellation of exam is the
preferred option.
• Besides setting up internal enquiry within the commission, the Chairperson
should request the State government for an external investigation preferably
from CBI. Those involved in these irregularities and their accomplices should be
strictly dealt with. This will send a strong message about the seriousness of the
issue and will deter incidences of similar nature in future.
(c) It is important to bring in transparency, remove apprehensions of favoritism and
curb malpractice in recruitment process of Public Service Commission. To achieve
the same, following measures can be taken:
• Transparency and proactiveness: Timely sharing of exam scores with
candidates, asking for feedback on question paper etc.
• One-time Registration (OTR): OTR to be linked to Government ID's like Aadhar.
Aadhar linked Biometric details of the candidates can be verified at the time of
examination to avoid impersonation. It can also tackle any future controversies
that might arise after the recruitment is done. This could be a costly and
cumbersome affair but will bring transparency in the process.
• Use of CCTVs: Cameras should be installed at exam centers and video footage
can be collected for evidence in case of any incident of malpractice coming to
light.
• Security Arrangements: Use of State Police as well as Central Forces to frisk the
candidates for electronic gadgets. Use of Central Forces is important as local
police can be influenced.
• Squads: Squads comprising of security forces and members of SPSC should
conduct surprise checks at the centers.

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• Strict Punitive Action: All the erring candidates should be banned for life. Also, Student Notes:
strict punishments should be handed to all those involved in the cheating scam,
including those in the Commission.
• Proper scrutiny: Antecedents of private players engaged at any stage of the
examination should be properly verified and adequate safeguards must be
taken.
• Sensitisation of invigilators towards the gravity of the task.

48. Imagine that you have been recently appointed as the head of the accounts
department in a municipal corporation. Soon after you assumed your duties, you
discovered that a clerk in your department was falsifying the payroll account by
continuing to carry the names of some employees who have already been terminated.
When the clerk picked up the payroll, he would pull out those cheques, endorse and
cash them and keep the money. You have no difficulty in recognizing that this clerk is
not only involved in unethical conduct but is also clearly violating the law. In this
situation, the following two options are available to you. Which amongst these two
would you choose as your response? Give logical arguments in the support of your
answer.
• Your responsibility for the image of the corporation may suggest firing the clerk
quietly, involving as few other people as possible.
• Your responsibility for maintaining the public trust may demand you to consider
formal charges and prosecution.
Answer:
1st Approach
It is not difficult to recognize that this clerk is not only involved in unethical conduct but
is also clearly violating the law. Both moral and legal sanctions against stealing are well
established and generally accepted. You are immediately aware that his behaviour is
unacceptable and must be stopped, although you would probably pause to think
carefully about the best course of action. While your responsibility for the image of the
organization may suggest firing the clerk quietly, involving as few other people as
possible, but your responsibility for maintaining the public trust may lead you to
consider formal charges and prosecution.
While the ethical situation, in this case, is quite clear, but the demands of
administrative responsibility for resolving it are much less so. The ethical issue and its
implications for administrative responsibility are complex and ambiguous.
While you are responsible towards ensuring the image of the organization, it needs to
be remembered that your obligation to the public as a whole entails an additional and
more rigorous set of standards and constraints associated with the concept of public
trust. In this case, your precepts about loyalty to the organization do not help.
Here the best way is that you begin to reflect on the things that you value most. You will
probably realize that if you are to remain true to your profession, you must maintain
your obligation to a central principle – the public trust. You must have taken an oath to
uphold the public trust when you accepted the position. All other commitments and
values must be viewed in relation to that responsibility to a basic principle.
The right of the people to know the details of the issue must be upheld. Ultimately the
principles of democracy and the integrity of democratic governance are also at stake.
People need to know what is going on in public agencies and organizations if they are to
truly participate in governing. Information about matters that concern the public in any

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way should not be withheld from reaching the people. The orderly conduct of public Student Notes:
services requires that subordinates as well as their superiors exhibit accountability and
efficiency. Loyalty to the organization is not an end in itself; it exists for the ultimate
benefit of the citizenry, for the public interest.
2nd Approach
I will proceed with the formal charges and prosecution because of the following
reasons.
• Any organization cannot sustain without public trust. There may be short term gain
without it.
• The clerk should get fair and free chance to defend himself. He might get smaller
punishment then loosing the job. Thus, organization will not loose an employee.
• My image in my subordinates will be strengthened that I believe in justice and fair
play. Thus my authority and leadership will be enhanced.
• If I fire him quietly, he becomes a mean to achieve the others’ goals.
• I cannot expect that any situation might arise where I do not get a fair chance to
defend myself.

49. You are the officer in charge of overseeing refugees’ related issues in a multilateral
humanitarian organisation. There is an ethnicity based civil war going on in a region
and as a result, many people are being displaced. Hitherto, the economically better-
off neighbouring countries have accommodated the streams of migrants with
financial support from your organisation. The violence in the region has increased
recently and the flux of people seeking refuge has grown substantially. With countries
sealing their borders, the refugees are left in a vulnerable situation. You are sent to
negotiate for humanitarian settlement of refugees with the neighbouring countries,
who also happen to be a powerful economic bloc. However, they refuse any more
accommodation on the following grounds:
(a) Drainage of resources in face of subdued economic conditions.
(b) Domestic political repercussions.
(c) Rehabilitation will encourage more influx and indirectly fuel the persecutors.
(d) Permanency of settlement in face of better prospects than at home.
What are the counter-arguments that can be cited to convince the countries for an
immediate solution? Suggest some long term measures as well that should be
followed to address the problem.
Approach:
While ethical arguments are must to convince on humanitarian grounds, the answer
must also propose economic, equitable and more acceptable, pragmatic solutions. The
answer should reflect the understanding of reluctance in such issues and therefore
must specifically address each point with a combination of short and long term
solutions.
Answer:
Refugees have been defined as those unable or unwilling to return to their country
because of a well-founded fear of persecution on the grounds of “race, religion,
nationality, membership of a particular social group, or political opinion.” As
mentioned, their numbers are increasing due to increased violence. Even though the

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concerns raised by the countries are genuine, the crisis at hand requires a humanitarian Student Notes:
response. Turning refugees back or erecting walls will only lead to their piling up on
borders and will exacerbate the problem.
As an officer in-charge of managing refugees and convincing countries to step-up their
efforts, I will have to appeal to their core societal values as well as convince them with
short-term economic and political arguments. As has often been the case, the high
minded declarations of principles have often remained mostly that – declarations.
Therefore, to extract action on the ground the arguments must be presented in a
convincing manner where social, political and economic goals of the countries are
advanced.
My arguments would be:
(a) Regarding drainage of resources in face of subdued economic conditions –
Yes, the cost of maintaining refugees in camps and shelters may drain resources
temporarily, but in the medium term, there are economic benefits to be reaped. A
significant proportion of the incoming refugee population would be young, energetic,
motivated, and committed to building a better future in their new homes. Capitalizing
on this, the decision-makers can turn a severe short-term challenge into a powerful
long-term advantage.
Private sector can be also involved, including MNCs. Early involvement in the process of
assessment, education, and integration planning would allow the private sector to help
shape policy from the outset. They can help identify the skills and abilities that would
most benefit their sectors, establish guidance and training programs, and offer
apprenticeships.
Also, since these countries, for example European countries today, are old/ageing, the
refugees will act as an antidote to aging populations and low birth rates. They can help
address the looming shortages of working hands in the near future.
(b) Addressing domestic political repercussions
Certainly there will be political pressure from the opposition parties, who might try to
monger the anti-immigration sentiment in the public, creating fear about losing jobs,
draining resources and cultural invasion. In such a scenario, the political and community
leadership would have to appeal to the public conscience about the cost of doing
nothing. I would encourage political leadership to unite on the issue and with support
of Civil Society, build up a public case for rehabilitation of refugees. It is important to
honestly explain to the locals about the responsibilities they have – economic, historical
and above all humanitarian.
Powerful images shake the conscience of the public and political leaders and therefore,
I should make sure that they are not aloof to the conditions of the people. I will appeal
them to lead with morality and purpose, rather to waste time in appeasing or courting
populist movements. Only by turning the challenges into opportunities can social,
political, and economic risks be mitigated.
I will also give statistical argument that the refugees which they are shouldering are
only a miniscule percentage of their population and therefore, the perceived threats
are more exaggeration than real. For example, in Europe the asylum seekers are less
than 0.1% of its population.
The grouping of the countries should be working to encourage and harness the
generosity of some of its members, while containing and resisting the selfishness
others. To be successful, however, there must be burden sharing. If those whose
instinct is to be generous are left alone to shoulder the burden, that generosity will not

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last for long. Student Notes:
(c) Rehabilitation will encourage more influx and indirectly fuel the persecutors
This argument mixes the two problems at hand together and confuses the cause-effect
relation. The refugees are the immediate concern and everything must be done to
rehabilitate and resettle them. It does not in any way forestall nations’ responsibility to
take action to end the civil war.
Bringing an early end to war should be the ultimate goal of all nations. But that should
not be the pretext for ignoring the conditions of refugees. In what way the countries
intervene should be decided by international laws/treaties, but the hands-off approach
should not extend to the many civilians who have no choice but to seek refuge outside
their home country. The least that can be done is to welcome them.
(d) Permanency of settlement in face of better prospects than at home.
The refugees are mostly fleeing persecution in their home countries but are also
attracted by the economic prospects that these countries offer. This is a reality that the
countries must accept and treat as an opportunity rather than challenge. Historically,
waves of migrations have only enriched the culture and economies of destination
countries. In the long run, a society can advance only through openness and tolerance.
The United States would not have become the leading world power without the
successive waves of migrants that landed there.
Not all of these refugees will remain in Europe permanently. When they do return to
their homelands, they will have the skills to help rebuild their societies and economies,
as well as provide strong ties to the country where they sought refuge. The importance
of this investment may seem distant, but will certainly reap dividends in building
strategic weight, strong trade and not to mention, soft power.
Some long term measures that can address the problem
Everybody recognises that ending the war and turmoil is the only possible long-term
solution to the refugee crisis but nobody expects this to happen anytime soon. This
means that beyond the humanitarian rhetoric the only option is to devise the most
efficient containment policy which will limit the crisis of conscience on seeing
conditions of refugees. Some measures that can be taken: –
• Greater protection and assistance to people in their own countries so that they do
not have to flee in the first place.
• Next, efforts should be made to provide for their temporary settlement in nearby
areas. This will require more man and material resources than currently available.
Affluent countries, especially those not sharing the refugee burden should
contribute generously. This way, it would also be easy to repatriate refugees once
the conditions normalise.
• There should be multilateral asylum policy to facilitate equitable sharing of burden
of refugees.
• An integrated asylum agency to verify, facilitate and resettle the refugees in
different countries. The current system of fragmented border agencies is not only
inefficient, expensive and cruel but also non-accountable and works only to pass
the responsibility.
• NGOs, religious bodies and private sector should be roped in.
• Public facing organisations, such as sports clubs can step in to build societal opinion
in favour of welcoming.
We cannot blame people for wishing to leave conflict-ridden, impoverished countries
and find a better life elsewhere. In their situation, we would do the same.

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50. You are SP of a district where the use of drugs is prevalent, especially among the Student Notes:
youth. The neighbouring districts are also suffering from the same problem. There is a
huge hue and cry in the national media about the drug issue and the government and
political parties are pressurising the police and district administration to act on the
issue. A big deal of drugs is busted by the police in your area and all the culprits have
been arrested. However, even before you reach your office, a minister from the ruling
party of the state calls and asks you to release few of the culprits. You have long
suspected the role of many senior leaders in this drug menace of the state. You have
also been informed by your juniors that a few officers who dared to act against
people involved in drug dealings were transferred or suspended on wrong charges
earlier.
1. Identify the options available to you.
2. Evaluate the pros and cons of each of your options.
Approach:
• List the facts of the case along with stakeholders.
• Mention the ethical issues involved.
• Discuss the available options with their merits and demerits, based on ethical
standards and practical considerations.
• Finally, write the best course of action available.
Answer:
Facts of the case
• Drug menace is a prevalent in the society and there is huge pressure on the
administration to act.
• A deal of drugs was busted and criminals caught.
• There is an informal demand from the minister to release some of those caught.
The stakeholders of the case are SP himself, his department, the political dispensation
(the minister) and the pressure groups – media and society at large.
The ethical issues involved in the case:
• Responsibility to act against a social menace.
• Public service values and maintaining integrity of the office prone to political
influence.
• Consequences of actions and inactions which have the potential to change
discourse
• Political corruption and nexus between leaders and criminals
Options available and their evaluation
1. Follow the minister’s instructions:
i. Merits:
a) Potential personal gain for the SP by virtue of being a ‘Yes Man’ to the
minister. By not following the order he can be transferred or even
suspended on wrong charges.
b) Only some culprits will be released – the media and society can be shown
the ‘successes’ of administration in catching others.
ii. Demerits:
a) Shows lack of courage to act against the real culprits. Catching the ‘small
fish’ is just a face-saving exercise.
b) The real problem of drugs will still continue unabated, with lives of youth
destroyed.

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2. Ask the minister to send his order in writing: Student Notes:
i. Merit: This will give the demand a formal character of request. It will carry
more legitimacy and this could be held up against the minister if questions arise
later. Moreover, there may be a possibility that the culprits in question were
secret government moles, as is frequent in such cases, who helped bust the
racket.
ii. Demerit: Chance of a written order is less and the SP may face retribution for
not ‘falling in line’.
3. Go to the media with the bust and also reveal political pressure to release some:
i. Merit: It may create a significant political pressure on the ruling party to take
action on the minister. It may also lead to an enquiry committee regarding the
nexus between politicians and criminal groups.
ii. Demerit: It may remain limited to mere sensationalization and nothing concrete
happens. As SP doesn’t have enough proof to present his case, and he is not
aware about the extent of the political involvement, instead of exposing the
entire racket this option may invite the wrath of the state.
4. Go ahead with the arrest:
i. Merit: It shows courage to do what is right and necessary to deal with situation.
It also shows integrity of the officer and commitment to duty.
ii. Demerit: Same as option 2.
The best course of action will be a combination of option 2 and 4, i.e. asking the
minister to give request in writing, with reasons of the demand, and if that is not
obliged, go ahead with the arrest. Meanwhile, I will continue my investigation and will
gather evidences against all the stakeholders of the drug trade. Further, as a law
enforcement officer, my duty lies in preventing all the illegal practices. My allegiance
lies to the constitution and laws duly framed, not to the whims of any person,
howsoever powerful he/she may be.

51. A terrorist group states that it has concealed a nuclear bomb in Delhi. The authorities
have captured the leader of the group. He says that he knows the location of the
bomb. He refuses to reveal the location. To produce the information needed to ensure
the diffusal of the bomb.
a) Is it ethically acceptable for the authorities to have him tortured to find out where
the bomb is and thus save thousands of lives?
b) Suppose instead of catching the leader, the authorities have captured his 16 year
old daughter. She is refusing to cooperate with the authorities. In your opinion is
it morally justified to have her tortured to acquire necessary information and save
thousands of lives?
Answer:
You should provide reasons both in favour and against torture and then give your
opinion.
Arguments in favour of torture
The principle of utilitarianism can applied to say that torture will be justified in this
case. Since, thousands of lives are at stake, it is necessary to exhaust all possible
options. Torture can produce the information which will help in saving the lives of the
people. Further, since the person who has been caught is behind this plot and is not
innocent, he shouldn’t expect to be treated as any other citizen. He has committed a
crime against society; therefore torturing him cannot be termed as violation of his
rights.

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Arguments against torture Student Notes:
According to deontological reasoning, consequences do not play any role in
determining the moral worth of an action. Lying is always an immoral act no matter
what the consequences may be. Similarly, according to this reasoning (propounded by
Kant) torture will always be immoral since human life (of the terrorist) is being
considered merely as means. The inviolable nature of human dignity belies any
justifications for torturing the ticking bomb terrorist.
The situation becomes more complex in the second scenario. It is hard to adhere to the
utilitarian conception in the second case. In the first case, since the terrorist has
committed a crime, one could justify torture. However, the girl has done no wrong and
it becomes difficult to justify torture in this case. She has had no role in the activities of
her father. Her only crime is that she is not cooperating with her authorities. Further,
being a juvenile she cannot be held totally accountable for her actions.
Thus even though one might support torture in the first case, it is not possible to
adhere to the same position in the second case. The girl and her father are separate
beings. The girl is innocent whereas his father is not. This fact cannot be ignored while
examining the moral justification of torture.
Note: Torture is not an effective method to acquire reliable information. The
information that is obtained is often inaccurate. Further one may also take a position
that though torture is always immoral, it needs to be condoned in certain situations i.e.
in certain circumstances it becomes necessary.

52. During your election duty you caught hold of a vehicle full of cash. On inquiry, it was
revealed to you that the vehicle belongs to a very popular politician of the region and
even the exit polls are predicting his victory. The politician calls you up to release the
vehicle. You try to approach your senior to seek advice but can't reach him.
a) What are the options available to you?
b) What course of action will you take?
Approach:
This is an administrative challenge wherein the student is judged on choosing ‘sense of
duty’ over ‘political pressure’. The answer must clearly reflect the students logic and
reason for choosing certain course of action after weighing it over its pros and cons.
Answer:
The election officer is under tremendous pressure from a popular politician who is
interfering in his duties. This situation depicts an administrative challenge where the
officer has to find a suitable way out to perform his actions without challenging the
politician’s authority.
The following course of action is in front of him:
As the officer’s senior is not approachable the onus of decision making lies on the
officer itself.
a) Directly refusing the politician to accept his orders
As a subordinate it is the duty of the officer to obey his superiors in administrative
setup, but until the commands do not deviate him from his sense of duty and
consciousness. As the politician has asked him to perform an action away from his
line of duty, refusing him will show his uprightness and honesty. However, this

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abrupt and rash behaviour can create ripples in the organization which can disrupt Student Notes:
its working at such crucial time.
b) Accepting politician’s orders.
Blindly accepting politician’s orders will show the officer in bad light in front of his
juniors as well as public. Not only has the officer to perform his duties honestly but
also has to make sure that the organization’s public image should not be tarnished.
Also it is important to boost up the morale of the subordinates to perform the
action with clear conscious; otherwise it will encourage malpractices in the
organization.
The best course of action would be to explain to the politician that the money caught
during the raid has been deposited in the government security and only a written order
can help him retrieve the money packets. Also reason with the politician that it is very
difficult to save oneself from ‘media glare’ and any such act will tarnish the image of
the politician as well as the organization at large.

53. You are a government official supervising the maintenance and upkeep of juvenile
rehabilitation centres all over country. You are a strong advocate for preventive
services such as counselling and parenting skill education as an alternative to the
placement of neglected children in rehabilitation homes. You have convinced your
minister about the stand and he has taken a public position on the same and declared
that he will scrap the scheme of rehabilitation homes alltogether. Believing that a
reputable study of the cost-effectiveness of preventive services would bolster your
position, your department enters into a contract with a top university to conduct a
series of evaluation studies. The first study involves a controlled experimental
evaluation of government sponsored preventive services. To your dismay, the findings
show no evidence that preventive service is a cost effective alternative to placing
children in rehabilitation homes. You are worried that the results, if published, would
not only compromise the position of the minister but also yours. What will you do in
such a situation? Some of the options are given below. Evaluate the merits and
demerits of each of these options and suggest what course of action you would like to
take, giving reasons.
(a) Keep silent on the report and continue advocating your stand with the minister.
(b) Cancel the contract with the university and conduct a fresh study with a new
agency.
(c) Report the results to the minister and follow his orders.
(d) Conduct further research and be prepared to accept the results and declare them
publicly.
Approach:
• Mention the facts of the case, stakeholders, values at stake and ethical issues
involved.
• Evaluate each option based on its capacity to resolve ethical issue and serve the
interest of various stakeholders.
• Based on above analysis suggest best course of action.
Answer:
Facts of the case:
• Minister has publicly declared to scrap rehabilitation homes.

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• Study points to contrary what I have advocated to the minister. Student Notes:
• Dilemma about the future course
Stake holders:
• Myself
• Minister
• Children
• Parents/Public
Values involved:
• Truthfulness
• Honesty
• Transparency
• Objectivity
• Anonymity
• Commitment to public welfare
Ethical dilemmas:
• Political embarrassment vs truth
• Personal reputation vs welfare of children
• Other ethical issues: Cost to government if scheme is closed, loss to public, trust of
people in government, trust of minister in civil servant
Evaluation of options:
A) Keep silent on the report and continue advocating your stand with minister.
Merits:
Will preserve his trust in me and save him form embarrassment as he has taken
public position,
Demerits:
•I will compromise with honesty, truthfulness and transparency,
•Objectivity calls for decisions based on rational facts which will be sacrificed,
•Misuse of anonymity as I may get off but minister may lose reputation,
•If policy is accepted then it will lead to loss of public money and affect well-
being of many children
B) Cancel the contract with the university and conduct a fresh study with a new
agency.
Merits:
• A single study is not sufficient to take policy decisions, there may be errors
which can come to light in new study,
Demerits:
•It is possible that new study may also point to same fact which means that the
cost incurred was a waste,
• If the results point that my stand is clear then it will create further dilemma in
me as to which report to follow
C) Report the results to minister and follow his orders.
Merits:
• In line with principle of anonymity, responsibility doesn’t lie with me anymore,

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• There is a possibility that minister declare the result and backs off from his Student Notes:
stand
Demerits:
• If minister decides to implement the policy then it will compromise of
transparency and objectivity and I will be complicit in wrong action,
• If minister decides to back off, I may have to face his wrath for public
embarrassment.
D) Conduct further research and be prepared to accept the results and declare them
publicly.
Merits:
• Uphold transparency and truthfulness while giving minister a reason for policy
selection,
• It will prevent wrong policy and save children from negative impact,
• Objectivity will be ensured, public participation is also possible
Demerits:
• May cost me my reputation and trust of minister if further studies also point to
effectiveness of juvenile homes,
• It may incur increased cost and embarrassment to minister
Option D would be the best option to follow. In the short run it may have cost for
minister and myself but ultimately beneficial for public. Further studies will provide
facts for objective decision making. By declaring results even if they are contrary to my
position, I will be displaying my courage and commitment to public welfare. Hence, it is
possible that I earn respect and admiration from minster and colleagues. At the same
time ensuring public well-being in the long run.

54. You are an IPS officer who has recently been posted in a town, which is troubled by
high crime rates. In the first few days at office, you observe widespread indiscipline
and corruption and non-adherence to rules.
One day you catch some people transporting a major illegal drug consignment into
the town.
Mr. X, a local politician calls you up and tells you that the drug consignment was
being transported with his consent. He also tells you that you should release all the
suspected people and asks you to not file an FIR on this issue. He warns you of grave
consequences if you don’t adhere to his advice. Moreover, he cites his links with your
senior and also many other people within your department. To make matters worse,
your senior calls you up and asks you to entertain Mr. X’s demands.
(a) The following are some suggested options. Please evaluate the merits and
demerits of each of the options:
1. Give in to the demands of the politician and the senior and release the suspected
people.
2. Ask your senior for written orders.
3. Talk to the senior's boss about the issue.
4. Inform the media about the issue.
(b) Also indicate (without necessarily restricting to the above options) what you
would like to advise, giving proper reasons.

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Approach: Student Notes:
It will be useful to consider: “fundamental principles or criteria that integrate and
rearrange the process of dealing with ethical dilemmas in public administration are: (1)
democratic accountability of administration, (2) the rule of law and the principle of
legality, (3) professional integrity and (4) responsiveness to civil society” (Anthony
Makrydemetres 2002).
This answer serves and explanatory purpose. It is by no means ‘the’ answer and the
examinee has to decide and design her/his own course of action depending upon the
constraints of time. The crux is to consider maximum possibilities and reason
thoroughly.
Answer:
This case involves a dilemma between professional obligations of a public servant in-
charge of law and order and his personal wellbeing. The case and its solution also
involve the issues of due process, communication and chain of command.
From the facts of the case it is evident that law and order in the district is in bad shape
and requires corrective measures. This can be brought about through adherence to
rules and regulations in the first place. Secondly, specific case in instance involves the
fact that drug consignment being transported in the town is illegal/ in violation of law-
this pertains to concerns regarding your jurisdiction and professional obligation/duty.
It involves a local politician and he threatens you with grave consequences- this
involves concerns regarding your personal well being. That the politician knows your
seniors and your senior calls you up to follow his dictate proves the linkage- this
involves concerns regarding chain of command. However, it’s not clear that the
politician or the senior involved knew of the illegality of the drug consignment-here
communication comes into picture. Nevertheless, there involvement amounts to
interference in your jurisdiction and duty. The decision has to be based on your
appraisal of the case and appropriate due-process in such a case.
Option 1:
Giving in the demands of the politician and the senior might let you out of a difficult
situation conveniently. Nonetheless this is only a short term measure. It would set
precedence that might have grave consequences in the future. Similarly such an action
would not be a positive step in correcting the situation at hand i.e. the existing law and
order situation as well as rampant violation of rules and regulation. You can inform your
senior as well as the politician about the illegality of the drug consignment in case they
were not aware of it. Even then if they insist on release of the suspects and non-filing of
FIR, their involvement becomes clear.
Option 2:
Written order is a legal proof of involvement and clearly delineates the chain of
command. Asking for a written order might act as a deterrent insomuch as the senior
might refuse to do so. However, communicating clearly the illegality of the act is
important. The senior might refrain from issuing such an order knowing the illegality of
the act.
Even after knowing the illegality if the act if the senior issues a written orders the onus
is on you. The written order would protect you in terms of culpability as far as your
initiative is concerned. You can cite on being questioned that that you acted under
orders. This might be technically correct however it is not ethically sound and amounts
to abdication of responsibility. In effect following this option still makes the act illegal as
well as unethical. It can be questioned in a court of law and the defence that you were

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acting under orders might not hold a ground there. Similarly, this option does not augur Student Notes:
well for law and order in the district.
Option 3:
Talking to the senior’s boss seems to be a logical corollary of duly considered action
when communicating clearly to the senior fails. You must clearly and objectively explain
the situation to him while seeking his counsel. This might result in the boss censoring
the senior and supporting you in following the due process in consonance with the call
of your duty. However, on the other side it might earn you the ire of your senior and he
might hold a grudge against you.
Another flipside of this option depends on the approach of the boss. If he is also in
conformity with the politician and the senior then this step might prove to be
counterproductive and add pressure on you. If such be the case then it does not resolve
the larger concerns of prevailing law and order conditions as well.
Option 4:
Informing the media is an option broadly in consonance with openness and
responsiveness to the public at large. A tactful utilisation of media might result in
mounting public pressure on the politician and senior officials involved, thus, expanding
the ambit of stakeholders in upholding the duly considered legal action against illegal
acts. Similarly, media can be helpful in creating awareness, public truss in officials and
confidence in the government machinery. However, a sensationalist approach or taking
recourse to media prematurely (before exploring other options/ channels of
communication) might backfire leading to counter propaganda, official reprimand and
deterioration of public order if the politician takes recourse to pressure tactics. The
option requires greater caution and tact.
After having considered the options on offer, let us consider a course of action which is
advisable:
The officer should ascertain the facts of the case prima-facie. After having assured
himself of the merit of his case it’s his responsibility of follow due course of law by
filling and FIR and further investigation. The call from the local politician should be
taken in the spirit of public nature of his office without feeling any obligation to fulfil his
dictates. Politely but firmly explain to him the illegality, in case he is not aware of it.
Also try and explain the sensitivity involved and how an active media would take
cognisance of the case. Similarly, communicate to the senior the illegality and
sensitivity. If he insists even then, inform him that you are inclined to follow the due
course of law and verbal order is not enforceable. Talking to the boss of the senior
should be considered only after this step for following the chain of command and in the
spirit of greater departmental communication. Media can be involved as an ally on
reporting the facts of the case and not for gaining fame and glory. The official should
fulfil his responsibility through upholding the principles of rule of law and legality,
professional integrity and responsiveness to civil society.

55. You have recently been posted as a District Labour Officer in a state, which derives
substantial revenue from tourism. You come to know that a big hotel in the area has
not been paying wages as per the Minimum Wages Act. The hotel owner is a
powerful local leader having contacts with many influential officials of the state. You
have the power to take sou-moto cognizance of such violations and accordingly you
initiate a preliminary enquiry into the matter. However, no worker is willing to come
forward to lodge a formal complaint because they fear loss of employment.

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Meanwhile, your action has attracted notice of the higher authorities, and you are Student Notes:
advised to drop the matter altogether. You are deeply concerned about the situation
as it involves not only violation of the Minimum Wages Act but also denial of basic
human rights of the worker.
(a) Identify the issues involved in the given case.
(b) Consider the options given below:
1. Follow the informal advise of the higher authorities.
2. Convince the owner of the hotel to take note of these violations and take
appropriate remedial measures.
3. Submit a detailed report on the matter highlighting violations of workers’
rights and seek formal directions from the competent authority.
4. Serve a notice to the hotel owner and initiate action as per your powers under
the Minimum Wages Act.
Evaluate the merits and demerits of each of these options and suggest your preferred
course of action, giving reasons.
Approach:
• Giving a brief introduction of the case study, highlight the issues involved in it.
• Analyse the merit and demerit of the given options
• Give the final course of action in this case and justify it with appropriate reasons.
Answer:
The given case presents a classic case of exploitation of vulnerable class by employers.
Even after the legal mandate which requires the employer to provide minimum wages
for the work performed and services rendered by the worker, the employer in its
pursuit exploits the lack of bargaining power with the workers. The bargaining power
may be low due to multiple factors including less skilled nature of job, fear of
unemployment, low savings to fall back on etc.
(a) The given case involves multiple issues at various levels:
• Violation of legal right of the workers as per the minimum wage act.
• Lack of trust in the system as can be seen from the inaction of workers to fight
for their rights.
• Bureaucratic-Political nexus due to which there is pressure from higher
authorities to drop the matter.
• Economic ramifications on the district revenue and image of the administration
if any action catch the attention of the media as the district derives substantial
revenue from tourism.
• Responsibility as Labour Officer to implement Minimum Wages Act.
(b) Following are the merits and demerits of each of the given option
Option - Follow the informal advise of the higher authorities.
Merits
• Maintains hierarchy of the system
• Fear of being harassed by way of transfer, posting etc. would not be there.
• Tourism of the region won’t be affected.
Demerits
• Violation of workers’ rights would continue.
• Negligence of duty, which might lead to accountability on the part of the
existing officer in near future.
• It might incentivize other such employers in the area to adopt such practice.

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Option - Convince the owner of the hotel to take note of these violations and take Student Notes:
appropriate remedial measures.
Merits
• It gives a benefit of doubt to the owner and provides a second chance in the
case
• It may lead to solving the situation informally while not entering into formal
dispute whereby workers may even deny any such situation.
Demerits
• Any informal agreement leaves room for exploitation of workers in the future.
• It also shows lack of courage as well as commitment on the part of
administration to take appropriate action as time demands.
• Employer might find another way of exploiting, like in terms of more working
hours.
Option - Submit a detailed report on the matter highlighting violations of
workers’ rights and seek formal directions from the competent authority.
Merits
• It may result in written orders and then action can be taken through
appropriate channels.
• It would put pressure on all the members up the line towards adherence of the
law as proper accountability will be set up in case on inaction.
• It may also put pressure on the hotel owner.
Demerits
• It may be seen as a rebellion by the higher authorities against their informal
order.
• In case of lack of support and inaction from higher authority, employer will be
encouraged more as well as people will lose faith in system.
Option - Serve a notice to the hotel owner and initiate action as per your powers
under the Minimum Wages Act.
Merits
• It may result in restoring rights of the workers to a minimum wage.
• It would increase trust in the administrative system.
• It may embolden other workers in such situation as well to stand up for their
rights.
Demerits
• It may tarnish reputation of the hotel.
• It may also result in hasty action by employer resulting in loss of employment
of the workers.
• It may be seen as a rebellion by the higher authorities against their informal
order and may also impact the career prospects of the existing officer.
Considering the above merits and demerits, the best course of action would be
submitting a detailed report of the matter and seeking formal directions from the
higher authorities. If formal orders are not provided, the next step would be going
ahead and initiating action as per the powers given under the Minimum Wages Act.
The foremost reason for such an action is that the position of power comes with a
set of responsibilities towards the system, administration and most importantly the

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citizens. Public interest should be the top most consideration of any decision taken Student Notes:
while resolving any matter. Furthermore, it is unconstitutional to deny the basic
wage rights to the workers. Also, this action would justify the attributes like
empathy, impartiality, honesty that a civil servant should carry while performing his
duties. It will also restore faith of the people in the system.

8. Medical Ethics
56. You are a doctoral student at a large university in the final months of your research
on a potentially revolutionary technology. Meanwhile, you have also applied for post-
doctoral research cum teaching positions at various universities. To your pleasant
surprise, you get an interview call from your undergraduate alma mater, a prestigious
research institution in a city where you would love to live.
In the interview, the department chair asks for detailed information about your
research.
Your group is working on a patent application and its members have agreed not to
provide details until a paper currently being prepared is submitted for publication.
You explain the situation and tell them that you would be glad to send them an early
preprint when it is available.
But the Chair pushes harder for this information, remarking that the Department
seeks team players, willing to share information with department colleagues. She
also appeals to your undergraduate connection with the institution.
(a) Enumerate the ethical issues involved in the case in light of your current
responsibilities vis-a-vis future expectations.
(b) Discuss the possible motivations of the department chair in pressing you for
detailed information.
(c) What stand will you take in such a situation? Give reasonable justification for your
arguments.
Approach:
• Introduce the case briefly by describing the ethical dillema on the part of the
doctoral student.
• Highlight the ethical issues involved from the perspective of the doctoral student.
• Then discuss the possible motives of the Chair. These should cover both positive
and negative sides.
• Conclude by taking a firm stand on the side of integrity while avoiding rudeness at
the same time.
Answer:
In the research environment, one is often faced with situations in which one could
stand to benefit personally. These situations constitute conflict of interest.
Ethical Issues
• Conflict Of Interest- The doctoral student is conflicted because keeping his word in
the short term preclude his being hired at this institution.
• Potential Breach Of Trust- The doctoral student is bound by fiduciary obligation to
maintain confidentiality about the research. If he divulges detailed information
about it, then this will compromise his integrity and betray the trust reposed in him
by the research team.

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Possible Motives of The Chair Student Notes:
• There could be many motives of the department Chair for pressing for detailed
information. These could range from simple curiosity to intentional violation of
intellectual property rights.
• As the department Chair is herself a researcher, she might be curious to know more
about the potentially revolutionary technology. It is quite natural but in doing so
research ethics should not be violated.
• Another motivation of the Chair could be to test the integirtyof the doctoral
student. As he is expected to take up work in that institution, the Chair might test
him by pressing him for detailed information about the research.
• Research environment is a highly competitive world. The Chair might try to extract
information from the doctoral student to gain an unfair advantage over her
competitors. She might use this information to get undeserved academic
reputation or financial gain or both
The Way Out
• The student should talk the Chair out of her urgency in a tactful yet convincing
manner by reminding her of his prior agreement to maintain confidentiality.
• Although this may be difficult but it would demonstrate that the doctoral student is
a person of his word.
• It would show his integrity and professionalism. He would come across as a person
who could be trusted.
• Though his future organization could be his alma matter, his loyalty presently lies
with his present organization.
• Not divulging any information will show his commitment to his present team which
is one of the essential qualities of a good team player.
• Hence, by dealing with the situation in a calm and composed manner, the doctoral
student could avoid conflict of interest and potential breach of trust. At the same
time, he would come across as a person of integrity.

57. You are working as a senior doctor in the oncology department of a super specialty
hospital located in Delhi. While accessing the quotations from reputed
pharmaceutical companies to hospitals, you unearth a nexus between pharma firms
and the hospital administration. You get to know that they are hand-in glove with
each other and trying to fleece cancer patients by selling drugs at exorbitant prices,
even though low cost alternative drugs are available in the market. Being the head of
Alliance of Doctors for Ethical Healthcare, who is working against the arbitrary price
regime of life saving drugs, you get a chance to represent your case before the Health
Minister of your state. However, certain other doctors of the Alliance have asked you
to present a distorted reality in front of the Minister since they are obtaining
pecuniary benefits from such a scheme of nexus, which would cease if the nexus gets
exposed.
(a) Identify the main stakeholders and ethical issues involved.
(b) Analyse the possible solutions for addressing the issues.
(c) What would be your final course of action and why?
Approach:
• Briefly introduce the concerns of the case, in a larger framework.
• Identify the main stakeholders and ethical issues present in the case.
• Suggest some possible solutions for addressing the main issues at hand by
analyzing the merits and demerits of each case.

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• Discuss the final course of action along with its rationale. Also, suggest some long Student Notes:
terms solutions which can help eradicate the problem right from its root.
Answer:
• The given case captures the breach of medical ethics without giving regard to public
interest at large. It presents a grim picture of the competing interests among the
hospital administration, pharmaceutical companies and cancer patients.
Main stakeholders Ethical issues involved

Cancer patients Since the burden of exorbitant prices directly falls on


them, it violates the principles of justice and fairness in
the event of misery among patients. It is inhuman to see
someone's life as a commodity.

Hospital administration Unholy nexus with pharma firms violates the principles of
transparency and accountability. By adoption of wrong
means to earn big profits, it depicts apathy on the part of
hospital administration.

Pharmaceutical firms In a bid to maximize profits, unreasonable prices amount


to dilution of corporate governance norms. By viewing
patients as merely customers and money minting agents,
it shows lack of compassion and sensitivity towards them.

Alliance of Doctors for The idea of presenting distorted reality in front of the
Ethical Healthcare (including Minister, speaks volumes of self serving tendencies. As a
myself) and Health Minister result, it defeats the basic purpose of setting up the
Alliance, thus compromising its foundational values and
integrity.

State & Society The case also depicts failure on part of the State to uphold
the Rule of Law. 'Hand in glove' situation highlights
ineffectiveness of the regulatory system, thus exposing
thousands of patients to unmindful exploitation.

Myself, as senior doctor Being aware of reality, one cannot be immune from taking
action. At the same time, one has to either motivate or
fight one’s colleagues who are engaged in such unethical
practices. Professional ethics along with the courage to
face consequences only can show the right path

Possible solutions for addressing the issues


• Adhere to the demands of other doctors to ignore the impending issues and
present a distorted reality to the Health Minister
o Merits- Hospital administration and other doctors who are part of the Alliance
of Doctors for Ethical Healthcare will continue to express their confidence and
their support for me, in addition to regular flow of pecuniary benefits.
o Demerits- This will amount to dereliction of my duty and will neither help the
hospital nor the patients in the long run. Knowingly, ignoring the discrepancies
in the system provides a scope for slippery slope in the future. It even
compromises the basic essence of medical ethics.
• Issue one last warning to the administrative officials and pharma firms so as to
get things in order or face executive action
o Merits- This step provides scope for reformation within the existing work
culture of the hospital for betterment of all. Also, it may help in bringing down
the prices of life saving drugs in a swift manner.

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o Demerits- However, this step ignores the disproportionate harm which has Student Notes:
already been done to the patients. Knowing that strict action is avoided, it may
send a message to the administration/doctors about high tolerance for
unethical conduct.
• Presenting true picture of the case supported by all the factual evidences to the
Health Minister
o Merits- It redresses the interests of various stakeholders in the most efficient
manner. Most importantly, this step would ensure that benefits are
redistributed across large population, rather being accrued to handful of people
occupying the top administrative posts.
o Demerits- This step might antagonize members of the Alliance. I might even
lose the support of hospital administration and the work environment may
become temporarily uncongenial.
Given the gravity of the situation, the last solution seems more empathetic and
pragmatic among the enlisted options. This action will be in line with my personal
commitments, organizational values and institutional integrity. It would not only help
expose the nexus in my hospital, but would also set the ball rolling for repairing the
relations between other pharma firms and hospitals across different parts of the
country. It would also be in consonance with the Directive Principles of the State Policy
and Supreme Court's directives under Article 21 which aim to safeguard the Right to
Life of every person.
However, a multi-pronged approach is needed to ensure better transparency in the
short term-
● The prices of all medicines must be carefully regulated- in a manner that does not
unjustly interfere in the market but strictly regulates the cases where market
provisions are misused for personal gains.
● A code of marketing for pharmaceutical companies should be enforced
● Strict action should be taken against those found guilty in the illegal nexus network
● Auditing of all medical procedures, implants, business contracts etc. should be
undertaken and overseen by a competent authority
● Concerned authorities with requisite mandate should issue guidelines for proper
management of hospitals and conduct of doctors & ensure their proper
enforcement
As injustice anywhere is a threat to justice everywhere. The suggested course of action
would bring fairness in the drug price discovery, ensure meaningful justice to the
patients and provide them the ability to lead a socially and economically productive life
in the long term, serving the cause of just system eventually.

58. The steady decline in sex ratio suggests that marked improvement in the economy
and literacy rates do not seem to have had any impact on this index. In fact, the
availability of new technology and its easy access for the urban, wealthy and
educated have worsened the trend and harmed the status of women in Indian society.
(a) Explain why the phenomenon should not be simply viewed as a medical or legal
issue and more attention should be given to the ethical issues involved.
(b) Give some suggestions to tackle the problem of declining sex ratio.
(c) Discuss the ethical dilemma involved in Right to abortion vs. Prevention of female
foeticide. How can this be resolved?

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Approach: Student Notes:
• Give a brief introduction of the case study
• Provide moral values and stakeholders involved in the given case study.
• Explain why the phenomenon must not be seen as medical or legal issue.
• Explain how declining sex ratio involves ethical issues.
• Provide some suggestions to tackle the problem.
• Discuss the ethical dilemma involved in right to abortion vs prevention of female
foeticide.
Answer:
In a large sample of population, biological probability suggests that distribution of male
and female children should be fairly equal. However, a continuously declining sex ration
suggests human interference to keep the sex-ratio adverse towards female. Use of
technology has only aided in this effort. Female feticide is indeed a blot on the society
who prays goddesses. The given case study highlights how the wealthy, educated,
urban people are misusing technology for selective sex abortion and have contributed
to declining sex ratio and have harmed status of women in the society.
The situation reflects patriarchal mindset and involves the unborn girl child, parents,
the government and the society at large, as stakeholders.
(a) The phenomenon should not be simply viewed as medical or legal issue as it is not
only about the falling Maternal Mortality Rate (that increases due to such procedures
carried out by quacks) or about the lapses in the government to implement the laws
such as Pre-Natal Diagnostic Technique Act effectively. It is an issue of ethical concern
given the following reasons:
• Majority of the affected women are actually forced to go for such abortions
hampering their right to life and right to choose.
• Mother of a female child is blamed for her birth and miseries of the family. She
is cursed and ill-treated. Even prosperity of the family does not bring attitudinal
change towards the girl child reflecting gender bias in society
• The skewed sex ratio in the society gives birth to anti social behaviour and
violence such as rapes in case of but not limited to lack of marriageability and
family prospects. Thereby, decreasing values of respect towards women.
• The demand for sex workers may increase which may further give rise to
human trafficking as well as objectifying or commodifying women in terms of
sexual desires of men
• Technology which is for the betterment of humanity is being used to deprive
the right to life of an unborn being.
• It is also symbolic of the non-recognition of women’s contribution to society
mostly because of the non-monistic nature of their work.
(b) Suggestions to tackle the problem of declining sex ratio:
• Strict implementation of laws banning female foeticide and dowry, including
fast track courts to deliver on these cases
• Sensitisation of the public by mass awareness campaigns as well as Free and
compulsory education for girls
• National helpline number to rescue the would-be mothers
• Reservation for women in specific occupations as a temporary means to
achieve an attitudinal change.
• Moral education in schools and colleges to ensure inculcation of a sense of
gender equality among people.

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Female foeticide should become a political, economic and reformist issue instead of Student Notes:
being just a social issue. The schemes such as Beti Bachao, Beti Padhao is a good start in
this direction
(c) In India, legally, abortion of a feotus not older than twelve weeks is allowed. This can
be extended up to 20 weeks if two medical practitioners authenticate that either
mother’s life is in danger or the foetus is seriously handicapped. Ethical dilemma
revolving around this are:
• If mother’s life is in danger, there should be no time limit on termination of
pregnancy (Supreme Court judgement). But then, it widens the scope for sex
determination and consequent sex selective abortions.
• In the garb of finding out disabilities in the foetus, sex of the child can be examined.
• The right to safe and legal abortion is an essential right of self-determination. Not
providing that right is to turn women into birth-machines, but how can it be
determined that the woman's choice is not forced.
• Right to abortion is 'Pro-Choice', while prevention of female foeticide is 'Pro-Life'.
• Right to abortion comes within realm of Right to Privacy but looking at the sexist
and patriarchal set up of Indian society, decisions about pregnancy are sometimes
out of the control of women.
Since high number of women die due to unsafe abortions, so it must be legal, but the
Pre-Conception Pre-Natal Diagnostic Techniques Act should be implemented strictly.
There should be mandatory registration of pregnancies and all abortions should be
monitored. Reasonable criteria for abortion should be set and more stress should be
given upon contraception. Complicated abortions should be handled on case-to-case to
basis, monitored by the Medical Boards in government medical centres.
There is no ethical dilemma as far as choice between female feticide and right to
abortion is concerned. Former is criminal and unethical, while the latter is still a matter
of debate. The only dilemma arises whether one considers killing an embryo
(irrespective of sex) as an exercise of right to choose or an act of murder. Going
forward, this debate has to be resolved by societal discussion and evolving ethical
standards. But a right to choose cannot become a means for selective sex abortion.

59. The global toll of the COVID-19 pandemic is enormous: more than a half-million lives
lost, hundreds of millions out of work, and trillions of dollars of wealth destroyed.
And the disease has by no means run its course. There is tremendous interest in the
development of a vaccine, with more than a hundred initiatives under way around
the world. Even if one or more vaccines emerge that promise to make people less
susceptible to COVID-19, the public-health problem will not be eliminated. But
policymakers can avert some foreseeable problems by starting to address key
questions about financing and distribution now.
In view of the above scenario, answer the following questions:
(a) Identify the different stakeholders involved in this scenario.
(b) Identify some of the ethical questions and issues that are likely to emerge as the
vaccine becomes available.
(c) Who, in your opinion, should be amongst the first recipients of the vaccine? Give
reasons for your answer.

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Approach: Student Notes:
• Introduce by providing the gist of the given case study.
• Enlist the various stakeholders involved in the given case study.
• Bring out some of the ethical issues that are likely to emerge as the vaccine
becomes available.
• Discuss who should receive the vaccine first. Support your argument with valid
reasons.
Answer:
COVID-19 emerged in China and quickly became a worldwide problem. Just within the
first few months, the pandemic has adversely affected the lives of hundreds of millions
and more than a half-million have lost their lives. In light of this, various efforts are
underway for developing a suitable vaccine.
a) Following are the different stakeholders involved in this scenario:
• Common public at large: Their lives and livelihood depend upon the availability
of vaccines, especially of those who cannot afford masks, sanitisers and other
precautionary measures.
• Health-care workers and other essential workers involved in providing services
to people: They are in direct contact with the virus and are overworked due to
large number of cases coming. Every day they are putting themselves, as well
as their families at risks. Therefore, they would be willing to have a cure as early
as possible.
• Health organizations around the world like the World Health Organisation etc.:
They are responsible for research, collaboration, providing accurate
information, etc. Their efficacy as well as reputation is at stake.
• Governments around the world: It is their moral responsibility to control the
pandemic, provide adequate fund for the research and production of vaccine
and work towards its equitable access.
• Non-governmental institutions like Bill & Melinda Gates Foundation: They
invest in the research and also work with the governments in distributing the
vaccines and making them available to the vulnerable sections.
b) As the vaccine becomes available then following are some of the ethical issues that
are likely to emerge:
• Concern about safety of the developed vaccine: In a hurry to develop a
vaccine, various organizations are rushing through trial phase raising concerns
about efficacy and side-effects of the vaccine. In the process, they are
neglecting one of the principles of medical ethics- ‘to do no harm’.
• Issues related to vaccine producing companies: Here the related question is of
how the companies that develop a vaccine will be compensated if they are
required to license the patents and know-how to producers elsewhere.
• Issues with capacity of vaccine production and distribution: There are nearly
eight billion people on the earth. Manufacturing eight billion doses (or
multiples of that if more than one dose is needed) of one or more vaccines and
distributing them around the globe could require years, not months.
• Political concerns: These include questions like who should receive the initial
doses of any vaccine, who should pay for the cost of vaccine production and
distribution, which authority will determine with regard to the above
questions, should a vaccine be given for free to some or all etc.
• International concerns: At the international level, the questions are even more
complex like what special advantages should be accrued to the country where a
vaccine is developed, to what extent the wealthier countries should help the
poorer countries.

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c) Considering the large population and limited capacity of production and Student Notes:
distribution of vaccine, it will not be possible to provide everyone around the world
with the vaccine at the same time. There is need to develop a strategy for the same
which will guide us in deciding who should receive the vaccine first.
• One idea in this regard would be to administer the initial doses of vaccine first
to health-care workers, followed by police, firefighters, the military, teachers,
and other essential workers. This is done by analyzing the risk one faces due to
their occupation. The frontline workers who are at higher risk should be given a
vaccine first. This will help them in performing their role fearlessly and
efficiently. There have been several cases where frontline workers have lost
their lives while performing their duty. Also, there have been instances of
discrimination against them.
• Second idea is that the governments must consider the risk of COVID-19
disease progressing into serious complications. As per this approach, priority
should be given to those who are at higher risk of developing serious
complications from COVID-19, such as the elderly and those with pre-existing
medical conditions. This will not only help us in halting the progression of
disease into severe form but will also help in reducing the mortality.
In this context, any effective vaccine that is developed should be treated as a global
public good and should be distributed equally around the world, regardless of where it
was invented or of a country’s ability to pay. The WHO for this has put forward a global
allocation framework that seeks to ensure priority for the most vulnerable populations
and frontline workers.

60. Various studies have found out that cases of depression and mental illness have
increased exponentially in the recent past. Also, in the age group of 15-30 years, this
problem is further pronounced. Furthermore, the rising trend of suicides in this age
group has been attributed to depression.
Given the situation, answer the following questions:
(a) Present an ethical critique of the prevalent societal attitude towards mental
illness.
(b) Given the magnitude of the problem among younger generation/young adults,
analyse the role of the following:
i. Parenting
ii. Social Media
iii. Video Games
Approach:
• Introduce the answer with statistics around mental health problems.
• Discuss the prevalent societal attitudes toward mental health issues and highlight
an ethical critique towards it.
• Briefly mention the perceptional shifts needed to tackle these issues.
• Analyse the role of parenting, social media, and video games in causing the mental
health issues.
• Conclude briefly.
Answer:
According to WHO, stress and depression cases increased by 18% in the last decade but
the expenditure on mental health in India is merely 0.06% of GDP. In the age group of

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15-30, increase in mental health issues and eventual suicide rates can be attributed Student Notes:
toward cultural changes, and behavioural changes in the wake of increasing
urbanisation, employment and emotional uncertainty, social media generated online
bullying and peer pressure.
a) Attitudes and beliefs about mental illness can be shaped by multiple factors:
• Knowledge acquired through keenness
• Experience/interaction with someone living with mental illness
• Cultural stereotypes
• Media stories
• Familiarity with institutional practices and past restrictions (e.g., employment
restrictions)
Hence, the prevalent societal attitudes towards mental illness vary from empathy
and caring to that of neglect, pity and abhorrent treatment like a less-worthy
human. Although the societal attitude towards mental illness though has slowly
been evolving, however, following ethical issues continue to remain. For
instance:
• Trivialisation: It is a minimising behaviour where an illness is conceptualised as
being easier to acquire, suffer with, or treat. Attitudes towards mental health
are still not on equal terms with those towards physical health.
• Stigmatisation: It is a significant barrier for the early diagnosis and treatment
of various mental health conditions. People with mental health problems are
less likely to seek help if they feel their condition is stigmatised.
• Social Labelling: In a lot of cases depression is stereotyped as a ‘first world
problem’ or the ‘problem of luxury’ and not an issue in the third world – which
is untrue, as large number of students, female, and farmer suicides take place
in developing countries like India.

• Treatment issues and perceptional biases: Researching the diagnosis and


treatment of mental disorders also presents special ethical issues. For instance,
while dementia is perceived as quite straightforwardly ‘medical', other
ailments like personality disorders are sometimes treated and looked at
differently, with a stigma.
The society at large, beginning from the family, needs to be open about discussing
mental health issues. Consulting psychiatrist or medications should not be
considered taboo and immediate assistance and familial support must be provided,
for which district administrations can play a big role by creating sensitisation
campaigns. Interventions like happiness curriculum as introduced by the Delhi
government that included meditation; sports activities; reconnecting with nature
should be undertaken so as to hone young minds.

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b) Mental health problem is a scientifically treatable disease. A disease has a cause, Student Notes:
an aggravating condition, and finally a treatment. Excessive pressure and
competition is a common cause of occurrence and its ignorance, a cause of
aggravation. The role of parenting, social media and video games for the younger
generation vis-a-vis mental health problems is as under:
• Parenting: Parental support and a nurturing family are key to addressing
mental health issues. The first step begins with a liberal environment in the
family where young adults, teenagers, can have free discussions with their
parents. Moreover, parents need to also understand that peer pressure, and
creating pressure over exam results, performance in competitive exams may
impact young minds and increase student suicide rates. Thus, a conducive
environment where the younger generation is encouraged to discuss issues
should be promoted, over and above dismissing beliefs related to mental
health treatments.
• Social Media: Social media addiction is one of the key factors responsible in
changing our behaviour towards others and alienating ourselves. While social
media is a good platform towards connecting with people, and gather
information, over-dependence and over-consumption of it amount to
addiction, which influences the cognitive ability of adults, teenagers.
Moreover, things such as trolling, cyber bullying, perceptions about others, the
need to constantly post or upload – further isolate minds, while also limiting
good habits like reading, playing, or spending time with nature.
o Social media behaviour should be restricted and sensitisation campaigns on
limiting their usage must be undertaken by all schools, colleges, and work
environments.
• Video Games: According to the WHO, video-gaming disorder is a "pattern of
persistent or recurrent gaming behaviour" in which people lose control over
their gaming behaviour, resulting in impairments in their family relationships
and social lives and has recommended to classify gaming disorder as a separate
addiction. The Blue Whale Challenge game posed serious mental health risks in
the form of self-harm and attempted suicides.
It is therefore important to not dismiss mental health issues based on ill-conceived
notions and understand that stigmatisation will only worsen the silent epidemic of
depression. Additionally, ensuring proper implementation of the National Mental
Health Policy 2014, which puts renewed focus on depression, suicides and attitudes
towards mental health, shall also help in addressing these challenges.

61. A convicted mobster decides to make a charitable contribution. He offers more than
$1 million to a hospital to build a children’s wing. He will make the contribution if the
new pavilion is named after him. The hospital board accepts the gift, with that
stipulation. Do you think the hospital was right in accepting the gift?
Answer:
Adhering to ethical standards in fundraising is especially important because the success
of an organization’s mission rests on trust: the trust of clients, volunteers, donors, and
the community served.
The Problem: Doing Good With Something Obtained Immorally
The conflict in this story stems from the strain between hospital's need for the money
and the money's being tainted and coming with a controversial string attached.

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Some questions to ask yourself Student Notes:
• How large was the majority in favor of this decision?
• Were other potential benefactors approached and what were their responses?
• Was the decision forced because without this money there would be no new wing?
• Was the board approached or did it solicit this donation?
• How do you respond to the criticism that the money is "ill-gotten" gains? How do
you think the public will react.
Apart from this the facts are also needs to be filtered through some general principles
regarding the uses and abuses of money, and the relationship between means and
ends. It also presents a problem of proportionality. What I mean is how much bad is
done in the cause of doing how much good.
Making the Best of a Bad Situation
In regard to the case presented here, there is no question about the origins of the
money. The donor is a convicted mobster and the money is tainted. Now he wants to
take his money and wash it by putting it to a socially acceptable purpose. The
temptation to take it is great.
One approach could be
• If this mobster wants to put his money into helping children, then let him. Take the
money, put his name on the hospital and use the money to treat sick children, even
save their lives in many instances.
But you need to consider the effect of such action that is, will using something bad
encourage others to do bad things?
Short-term Consequences
• So the problem with accepting the money is that while it may make children
healthier and even save lives, the hospital would be endorsing and even honoring
criminal behavior.
• But won’t children suffer who would otherwise not if the gift is rejected? Yes.
Fewer will be treated as well as they could if there were a new and better facility.
• But if money could buy respectability, if fortunes could clear the names of people
who are otherwise contemptible, then all ethical standards and values amount to
nothing more than talk
• It says something about our community that the board would feel compelled to
take money from a mobster. Why weren't others in the community willing to step
forward? Is the community so impoverished that there simply aren't other sources
of funds?"
The Long-term Harm May Be Too High
• Faced with the choice , the hospital board had to make, the hospital board should
have turned down the gift. By accepting it they have become complicit in how the
money was gotten and have condoned all such future behavior. The gift surely
would aid children but at the same time it has helped make a world which honors
gangsters who violate the social order equal to doctors who toil to make the world
a better place.
• It is possible that the gangster has seen the errors of his ways and now wants to
become a respectable citizen by putting his money to good use. Sainthood is always
an option for the sinful but this hardly seems the case here because he wants his
name prominently displayed. Is it not publicity rather than charity, which he loves.
So if the mobster were sincere, he wouldn’t attach any strings — no name,

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nothing. There is no change of heart if he insists upon putting his name on the Student Notes:
institution.
• Moreover if the money comes from the crimes, then it really isn’t even his to give
away. He has no claim to it and he has no right to the fame that comes from
donating someone’s money.
• Since the protagonist is identified as a convicted mobster and he has $1 million to
give away, this isn’t a petty thief. And the gravity of his offense makes a difference
to the decision whether to accept the money.
So the hospital should not take the money from someone who is a morally corrupt no
matter how useful that money may be.

62. You are the CEO of a pharmaceutical company that has monopolized the manufacture
of an anti-allergen device, which is used by millions who suffer from different kinds of
allergic reactions: life threatening as well as non-threatening. Your company that was
initially facing significant losses has increased the price of the device and since then
has been witnessing huge profit margins. While the stakeholders of the company are
pleased with your decision, there is a public backlash against the price rise. Politicians
too have begun criticizing the policies of the company.
(a) What are the ethical issues involved?
(b) Enumerate the values that are under question in the mentioned scenario?
(c) As the CEO of the company, would you retrospectively change your decision in light
of the public backlash?
Approach:
• Mention the ethical issues that arise in the mentioned scenario and the effects of
the issues on the stakeholders involved.
• Briefly list the values that are under question.
• Giving reasons, state what will you do as a CEO if you had to take the decision
retrospectively.
• View the issues from an ethical lens as well as from the expected duty of a CEO of a
company, who is responsible to its stakeholders.
Answer:
(a) Ethical issues involved
• Some of the ethical issues involved in the above scenario are:
o Corporate greed versus general good: While the aim of the company is
profit maximization, it is clashing with the needs of the society. The
situation is more acute for people with severe allergies for whom the
device is indispensable.
o Monopoly v/s Competitive Pricing: Due to monopoly, the company
increased the price of the device and reversed the trend of losses faced by
it initially. However, a single firm acted as a price maker.
o Ineffective regulatory mechanism: The situation reflects ineffectiveness of
regulatory mechanisms, as there is lack of competition in a business and an
instance of surge pricing by a single company against the interests of
millions of citizens.
o It is an example of an act which is legally right but not ethically right.
(b) Values in question under the mentioned scenario are corporate greed, conflict of
interest, ineffective monitoring, lack of empathy and lack of public accountability,
among others.

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(c) As the CEO of the company, I am answerable to the stakeholders and my primary Student Notes:
duty is to carry out their interests and increase profits of the company.
• However, I also have a role in the society, wherein I am expected to evaluate the
effects of my decisions on the public as a whole.
• A monopoly on a product and several advantages attached with it should not lead
me to ignore the needs of the majority of the population.
• The situation tests my moral and humanitarian responsibilities as the device is a
life-saver for people with severe allergies and my decisions will have direct, life
altering consequences for them.
• Assessing all the aspects and witnessing the public backlash against my decision, if I
had to take the decision retrospectively, I would discuss the matter with the
stakeholders of the company and would ensure that the price rise is only minimal
to maintain minimum profit.
• Additionally, with the board’s permission, I would negotiate a deal with the
government, wherein it could procure the device at our set price and then provide
it at a subsidized rate to patients.

63. Regulation and procedure of human clinical trials vary from nation to nation. Stem
cell research, as an emerging biomedical field, requires approval for human trials and
encounters multiple challenges. You are the head of a team of scientists who
developed a new Tissue Engineering system, which appears to be a promising means
of regenerating heart tissue. Trials of the system have already been conducted on
animals and yielded good results. Millions of people suffering from critical heart
diseases would benefit immensely if this medication is immediately made available to
them. However, you need to conduct human clinical trials before it could be
commercialised. It is also known that the stringent regulatory environment in the
country will mean that human trials and final approval will take many years before it
is made commercially available. On the other hand, regulation of clinical trials in
many poor countries is weak and quick approval is possible. Many of your
competitors also resort to human trials in these countries, often bribing the officials
for getting quick approvals.
Given this situation, answer the following questions:
(a) Identify the ethical issues which arise during clinical trials.
(b) Given the above situation, would you prefer to shift human trials to a third
country where regulations are lax? Give reasons in support of your choice.
(c) Suggest a framework of standard procedure to minimise ethical conflicts and
speed-up the approval process of new medicines.
Approach:
• Give a brief introduction about human clinical trials and identify the ethical issues
in clinical trials.
• Discuss the merits and demerits of shifting lab location and state your final stand
on shifting the lab from the home country.
• Give a framework of standard procedure to minimise ethical conflicts and speed-up
the approval process of new medicines.
Answer:
Case Summary: I am the head of a team, which developed a new system which will
help people suffering from heart diseases. Before being made available commercially, it

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has to undergo clinical trials on humans, for which strict regulations have to be Student Notes:
adhered. Alternatively, weak regulation in poor countries will result in quick human
trials and approval there and many competitors are doing the same including use of
bribes.
(a) Clinical trials are the tests on human volunteers to see whether new medical
treatments should be approved for wider use in the general population. Various
ethical issues associated are:
• Moral duty to perform honest clinical trials for welfare of a large population.
• Humanity is an end in itself (Gandhiji). Using people from the bottom strata of
society for undertaking considerable risks in lieu of minor payments degrades
humanity. The end result may improve general population’s health, but the
costs in form of exploitation, which may even cause death is wrong.
• Ethical concerns regarding informed consent in poor countries.
• Medicine is governed by certain ethos, which includes that first consideration
of physician should be health and life of patient. She should not do anything,
which impairs patient’s health. Clinical trials may weaken the normative
foundations of doctor-patient relationship in the long run.
(b) In the current case, the scientists have developed a new technology to regenerate
heart tissues, which will provide new lives to millions of people who are suffering
from critical heart disease. However, fewer regulations and corrupt governance in
poor and developing countries pull scientists to open their labs and conduct trials in
these countries. The merits and demerits of such practice are as follows:
Merits
• The costs are lower in poor countries. So, the developed medical treatment
would be cheaper. For example, clinical trials in India could cost one-tenth of
that in US.
• Availability of "treatment-naive" patients i.e. drug-free bodies in third world
countries. They are much less likely to have been previously exposed to drugs
or trials.
• The developing countries get benefits of advanced medical science and access
to the latest medications.
• The process of clinical trials is quicker in developing countries because getting
regulatory approvals is easier. It shortens the development time of medical
treatments.
• It would make this cure quickly available to people suffering from critical heart
diseases.
Demerits
• Consent: Most of the time, people in poor countries give their consent without
understanding the contracts as they are written in foreign languages, without
understanding the risks.
• Economic Compulsion: Sometimes poverty is responsible for the poor selling
their body for clinical trials. The blind faith for western medicine also plays a
role in their decision-making.
• Poor healthcare system: The risks are too high in clinical trials. However, poor
healthcare system in the third world increases their vulnerability in cases of
complications and side effects arising out of experiments on their bodies.
• The reliability of data obtained in third world countries is also questionable
because of lax monitoring.
• Fewer regulatory safeguards, high levels of poverty and illiteracy encourage
misconducts and substandard approach by foreign drugs companies.

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• Bypassing professional ethics and an established procedure raises doubts on Student Notes:
integrity. Competition may tempt to opt for unfair means like bribes to get
approval.
As can be seen, there are a number of advantages of shifting the trials to countries
where costs are cheaper and regulations less stringent. However, laxity in
procedures should not be the motive for shifting trials. It would save lives of
millions of people and improve accessibility of cure through cheaper cost. So, it is
prudent to shift laboratory to country with easier regulations.
However, I will use the same safeguards and precautions which are used in
developed countries, encompassing every aspect from informed consent, side-
effects’ treatment, compensation in cases of errors, etc. I would make sure that no
illegal practice is done and ensure strict action for any breach.
Thus, I would be able to ensure greater benefits to people at large without
compromising with the safety and well being of people who have put trust in me.
(c) Framework of standard procedure
• Social Value: Study should help researchers determine how to improve
people’s health or well-being.
• Scientific Validity: Research should be expected to produce useful results and
increase knowledge. Researchers should design their experiments to be as
good as possible.
• Fair Subject selection: Researchers should be fair in both recruiting and
deciding which people can be in the study.
• Favourable risk benefit ratio: For research to be ethical, any risks must be
balanced by the benefits to subjects, and/or the important new knowledge
society will gain.
• Independent review: Researchers sometimes overlook ways they could
improve their research results. To avoid such problems, a group of people who
are not connected to the research are required to give it an independent
review
• Informed Consent: Subjects must be told about the details of the study. They
should voluntarily agree to participate and give informed consent.
• Respect for subjects: Regular health monitoring along with maintaining
confidentiality of information would impart trust.
• Data Sharing: Data from past researches should be made available to others. It
would exclude the need for new trials for similar drugs thus speeding the
process of drug approval. This clause must be ensured in WTO negotiations on
data exclusivity.

9. Environmental Ethics
64. Mr. X is the engineering manager for the County Road Commission (CRC), with the
primary responsibility for county road safety. Along a given stretch of the road, many
people have died over the course of last 5 years by crashing into roadside trees. Many
other accidents have also occurred. Two lawsuits had been filed regarding the unsafe
segment of the road, but were dismissed because the drivers were exceeding the 45
mph speed limit. Mr. X recommends that the road be widened, cutting down a large
number of trees in the process.
This leads to a protest by environmental groups and they file a petition to save the
trees; and instead educate people about following the road safety rules like speed
limit etc. The public sentiment is divided on the issue with no sight of a wide
consensus. Discuss how Mr. X should proceed at this point.

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Answer: Student Notes:
In discussion of this situation, one can try responding to the following:
• What do societal values require in this case?
• What do professional ethical standards require in this case?
• What would you do?
Societal values:
• A consideration of a variety of societal values would be relevant in this situation.
For instance, since society values human life, so this would favor widening the road
and sacrificing the trees.
• However, society also values environmental preservation, in which case a solution
that does not kill the trees should be found
Professional standards demand that efforts be made in improving the public knowledge
regarding the issue -this indicates that whatever decision is made, an effort should be
made to educate the public holistically on all the related issues.
Recommended action for Mr. X:
(1) First, hold a public meeting to inform the public about the decision you may have
arrived at. However, it should be noted that presently there may not be wide
ranging consensus on the issue. This is because the people who have presented
the petition may not constitute the entire population of the town. There may be a
silent majority who hold a different view.
(2) One way to resolve the issue is to widen the road and remove trees from the right-
of-way for optimal safety.
(3) But the county should relocate the displaced trees to other public property (a
park, etc).
This solution accommodates both public safety as well as environmental preservation.

65. Many Indian cities are facing a major problem of management of household waste.
Huge volume of wastes have meant that landfill sites are facing the problem of
overcapacity. On the other hand, the waste-to-energy plants constructed to solve the
problem are also facing flak due to their inefficiency and release of poisonous
pollutants. The manner of waste disposal by people is identified as one of the main
reasons behind this problem. The government has notified rules regarding disposal,
collection and treatment of waste and has initiated numerous awareness campaigns
in the past. Still, the problem does not seem to be getting under control. Given such a
situation, answer the following questions:
(a) What do you think is the reason behind the apathy of people towards issues like
waste disposal that affect the larger interests of society in general?
(b) Identify the stakeholders and the significance of their involvement in addressing
the issue.
Approach:
• Briefly introduce the case and discuss the issues raised in the case study.
• Mention the reasons behind the unwillingness of the citizens towards waste
disposal.
• Identify the stakeholders in this issue and analyse the significance of their
participation in this regard.
• Conclude on the basis of the above points on an optimistic note.

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Answer: Student Notes:
The given case depicts the issue of waste disposal and management in urban India, thus
putting both environment and the public health at risk.
Currently, the waste management strategies adopted by the government is marred with
several challenges such as overcapacity in case of landfills, inefficiency and release of
poisonous pollutants in case of waste to energy plants, etc. Even though the issue
affects the whole society in general, still people are apathetic towards the notified rules
regarding disposal, collection and treatment of the waste. This seems to be the major
challenge among all the challenges faced in the current situation.
(a) Reasons behind apathy of people towards waste disposal are:
• Sociological factors: Traditionally, the waste disposal in India is done by persons
belonging to the lower castes, thereby tabooing waste disposal as a dirty job.
• Not in my backyard attitude: Most people keep their own backyard clean while
compromising sanitation of the public space. This is because they don’t realize
that this might also have certain direct or indirect effects on their lives.
• Lack of awareness and political will: General public is not sensitized about the
health hazards and other ill effects of improper waste disposal. Waste
management has also not received adequate political attention.
• Lack of seriousness attached with the issue: The fact that segregation
mechanism has not been incorporated downstream in the collection and
transportation systems of the value chain, leaves few incentives for the
residents and collectors to follow procedures.
• Situational factors: Lack of convenience, information, availability of conditions
for recycling and presence of alternatives, thought of saving money by not
disposing the waste properly, etc.
• Structural constraints: Lack of resources and relatively poor access to drop off
sites lead to improper waste disposal.
(b)
Various stakeholders Significance of involving them
involved
General Public • Since they are the waste generators, the principles of refuse,
reduce, recycle and reuse must be emphasized beginning from
this level itself.
• Their involvement level would decide the effectiveness of further
process.
Rag pickers • They form an important link between the waste generators and
waste managers in India.
• They are ready-manpower to the tune of 6 million engaged
directly in waste management.
• Involving them formally would help in further institutionalising
the collection process.
Waste Treatment • Utilizing them will result in scientific management of waste and
Plants increase re-usage of various by-products while processing wastes.
• Supporting them would ensure adoption of better and advanced
technologies.
• It can also supplement job creation in this sector.
Government • It can help in providing policy support and its implementation.
For eg: Solid Waste Management Rules, ensuring ban on plastic
bags, integrating waste management in city plans etc.
• It can also help in providing infrastructural support. For eg:
providing enough waste baskets coloured differently for
degradable and non-degradable waste.

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Non-governmental • They can augment and supplement government efforts as well as Student Notes:
Organisations create awareness regarding the benefits of clean surroundings,
discouraging consumerism and ‘throw away culture’.
Health Professionals • They can also lend hand in increasing awareness regarding
sanitation in general as well as proper management of waste in
particular.
Media • It can encourage a sort of mass movement and bring sanitation
into vogue. For eg: social media movement named ‘plogging’ i.e.
picking up trash while jogging.
Role models like • They can lead by an example, by starting campaigns and
political leaders, cleanliness drives, spreading awareness and bringing positive
famous actors, change in mind set of people, etc. regarding the waste
teachers/academia, management.
etc.
For proper waste management in India, the behavioral change is as important as other
policy initiatives. In this regard, Social and Behavior Change Communication should
form the core of whole strategy. Initiatives like Swachh Bharat Mission, which focuses
on collective behavioural change for achieving cleanliness, is a positive step in this
direction.

66. Many coal mines in a district subject the workers to inhuman working conditions with
little safety measures in place. As such, there have been several accidents and many
workers have died in the past. In recognition of a recent accident where fifteen
workers were trapped and died, the National Green Tribunal has ordered for closure
of all such mines. Some of them have shut down, but many still continue to operate
by getting an exception from the government, sometimes using the unholy nexus of
politicians-miners-bureaucrats. In absence of alternative employment, the locals have
no other choice but to work in mines. The mine owners are in-fact inciting the workers
to protest to simultaneously put a pressure on the state to completely overturn the
ban. As a District Magistrate of this district, you have been asked by the State
government to prepare a report on this issue and give recommendations to resolve it.
In this regard, answer the following questions:
(a) Identify the interests of State and analyse whether there may be a conflict
amongst them?
(b) Given that economic growth is often achieved with a large human cost, identify
the principles and strategies which could be used in the given case to achieve
desirable outcomes.
Approach:
• Briefly introduce the case and mention its key stakeholders.
• Bring out the interests of the state and any conflict amongst them.
• Highlight the guiding principles needed to reach at the lasting solution for the issue.
• Discuss a strategy based on these principles.
Answer:
The state regulates certain activities in accordance with the law in public interest. Illegal
mining, usually occurs with the connivance of those appointed to keep such activities in
check. Since it operates outside the law, regulations such as those regarding safety of
workers, environment, taxes, royalty, etc. are bypassed. The inhumane working
conditions pose health hazard, compromises dignity of labor and violates human
rights.

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The key stakeholders involved are: The State, represented by the DM, the judiciary Student Notes:
(NGT), local politicians, NGT, mine workers, mine owners, politicians, bureaucrats and
environment.
(a)
Key Interests of the State
Upholding rule of law Justice without enforcement is meaningless. Thus,
following the orders of the NGT, the illegal mines needs to
closed at earliest.
Ensuring justice for weaker Besides compensation for the loss of lives, it is the duty of
sections the state to provide safe and humane working conditions
to people.
Protecting the life and livelihood Illegal mining has to be curbed in order to prevent loss of
of people human lives. However, it is the lack of other employment
opportunities that pushes people into such hazardous
activities. Hence, alternative livelihood opportunities
should be given.
Preventing Regulatory Failure Illegal mining continuing despite a ban represents a
regulatory and compliance collapse. This does not reflect
very well upon competence and capacity of the state
machinery. Strict law enforcement will reaffirm people’s
faith in the state capacity to deliver justice.
Ensuring economic growth & Mining is a significant contributor to the economy.
development Therefore, it is important for the state to assess
environmental and economic cost of the blanket ban.
Method of safe and sustainable mining needs to be
explored.
Breaking the unholy nexus The corrupt collaboration between state functionaries
between bureaucracy and Mine and the mine owners needs to be checked.
Owners
Conflict of Interests
• Here the major dilemma is to strike a balance between ensuring development and
environmental protection.
• Secondly, closing mines will result in loss of job for miners. Recently Supreme Court
in Cracker Ban case observed that the judiciary should not kill jobs, if it can’t
provide alternative employment.
• Thirdly, the law makers and the enforcers i.e. politicians and bureaucrats are in
connivance with law breakers, is an obvious case of conflict of interest.
(b) The case presents complex issue of a socio-economic problem aggravated by the
failure of governance. The principles guiding the solution are:
• Environmental Sustainability: Protection of the ecology is essential not only for
present local inhabitant, but also for the life and livelihood of future generations.
• Safe, sustainable and secure employment: The miners need to be provided with
alternative local employment that ensures social security, environmental safety and
dignity of labour.
• Transparent clearance and regulatory process: The nexus between politicians-
miners-bureaucrats needs to broken. It can be done by creating a digital platform.
• Strict Law enforcement: All those indulging in illegal act including the bureaucrat,
politicians and mine owners must be brought to book.
• Avoiding undue harassment: Legal mine should be regulated. Their owners should
not be harassed. Working conditions of the mine should be periodically monitored.

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In consideration of the aforementioned principles, the following needs to be done: Student Notes:
• Implementing NGT orders of banning illegal coal mines in letter and spirit.
• Ensuring adequate safety measures and humane working conditions in licensed
mines.
• Setting up a panel of experts to assess the possibility of creating safe and
sustainable mining ecosystem in the region.
• Investigate the nexus between the bureaucrats, politicians and mine owners and
report findings of any illegal activity.
• Ensure that any loopholes in policy that allow easy exemption being given to mine
owners are plugged.
• Creating alternate livelihood opportunities for local residents like by developing
small scale and cottage industries based on local skills and resources in
collaboration with the NGOs and the government organizations.
• Confidence building measures should also be taken to build trust and bridge the
gap between the government agencies and the local people.
The need of the hour is to maintain a proper balance between the developmental
activities, environmental protection and safety and livelihood concerns of the people.

67. Jyoti Gupta is the environmental compliance manager for a small plastics
manufacturing company. She is currently faced with a dilemma on whether or not to
spend money on a new technology that will reduce the level of a particular toxin in
the wastewater that flows out from the back of the factory into a lake.
The factory's emission levels are already within legal limits. However, Jyoti knows
that environmental regulations for this particular toxin are lagging behind scientific
evidence. In fact, a scientist from the university had been quoted in the newspaper
recently, saying that if emission levels stayed at this level, the fish in the lake and
rivers in the area might soon have to be declared unsafe for human consumption.
Further, if companies in the region don't engage in some self-regulation on this issue,
there is reason to fear that the government — backed by public opinion — may force
companies to begin using the new technology, and may also begin requiring monthly
emission level reports (which would be both expensive and time consuming).
But the company's environmental compliance budget is tight. Asking for this new
technology to be installed would put Jyoti's department over-budget, and could
jeopardize the company's ability to show a profit this year.
The following are some suggested options. Please evaluate the merits and demerits
of each of the options:
1. Jyoti should focus on her company’s financial performance and profits and forget
the environmental issue as the compliance budget is already tight.
2. As the emission levels of the company are within legal limits, Jyoti should wait for
new governmental regulations first and only after that should think about taking
any action.
3. Jyoti should proactively report the matter to the higher management and ensure
proper measures are taken but still profits of the company should receive the
utmost priority.
Also indicate (without necessarily restricting to the above options), what would you
advise, giving proper reasons.

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Answer: Student Notes:
1.
The only merit in this option is that company will be able to keep up its financial
performance and retain its profits.
But this option will represent short sightedness on the part of the company. First of all,
as is already mentioned above, the government may step in and make environmental
regulations which may be much harder to comply with resulting in severe financial
costs in terms of both men and material. Besides environmental issues are complex and
if the problem is not tackled in its initial stages, it may reach the tipping point, assume
gigantic proportions and may not be solvable later. So, the decision may back fire on the
financial front itself negating the above merit.
Secondly, if the people get affected due to the rising levels of toxin then a lot of ill will
would be generated about the company. There may be public protests which will
further hamper the interests of the company both in financial terms and loss of good
will of its customers.
Thirdly, this action by the company will represent abdication of its responsibilities
towards the society. A company is not a closed system and it depends on its
environment for certain inputs and also affects the environment through its outputs.
So, it is necessary that it realizes its responsibilities towards the larger society as well.
So, w.r.t. this option, the demerits clearly outweigh the merits. Hence it is not a good
decision.
2.
In this option, the decision may be right legally but not ethically. The purpose of laws is
to regulate and guide people’s behavior in a direction which is socially acceptable. But
ultimately laws can never take care of all kind of possibilities and also need to be
regularly updated. Hence being legally correct does not always means ethical conduct.
With the merits and demerits of this case being same as discussed above, the above
decision may stand on the legal front. But on ethical front it does not take care of the
larger society and hence it is not preferable.
3.
In this case, the concern showed by the company towards its externalities is
appreciable. Reporting the matter to the higher management will bring the issue to the
forefront and promote healthy discussions on the topic. The company can start by
taking small steps which may not be much costlier and prepare the ground for
combating the problem before it assumes gigantic proportions. The company can start
consultations with the government or public which will highlight its concerns and
generate a lot of good will for the company.
Besides it will be only practical for the company to give its finances higher priority as it
affects the sustainability of the company. If finances get affected, it may shift the focus
of higher management completely towards the finances with the environment issue
getting completely sidelined during later stages when it will become more dangerous
and wanting. Being able to manage the profits would also send a signal that prudent
financial management and environmental concerns can coexist.
One way is that company can take certain steps under its Corporate Social
Responsibility. It will on one hand help in creating goodwill for the company and on
the other hand not adversely affect the company’s finances.

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Recommendation Student Notes:
The only other option left apart from the above mentioned ones is that company
devotes its complete attention to the environmental issue without thinking about
profits. But that decision may affect the sustainability of the company and may have
repercussions as discussed in the second last paragraph of option three.
So, I will prefer option three as it takes care of both the issues at hand and presents a
solution that is in line with both financial and ethical requirements of the company. It
shows pragmatism and far sightedness on the part of the company.

68. Mr. X is the head of an NGO working in the field of environment conservation and
protection. He is in dire need of funds for the NGO’s operations and payments to his
staff. He is approached by an official of a large infrastructure company, who is ready
to provide the required funding for the NGO. But, in a quid pro quo, he asks Mr. X to
raise objections over the bypassing of Environmental Impact Assessment (EIA) norms
in an ongoing PPP project through his NGO. This project is being implemented by a
rival infrastructure company. Mr. X knows that there have been instances of high level
corruption in the process of granting EIA to mega projects and the information
provided by the official seems to be authentic. Hence, he accepts the money and
agrees to raise the objection.
(a) Considering the circumstances of the case, is Mr. X correct in accepting the money?
Give appropriate reasons for your answer.
(b) If you were in place of Mr. X, what would have been your course of action? Give
reasons for it.
Approach:
• Briefly mention the case summary and ethical issues involved.
• Examine whether Mr. X is correct in his action.
• Mention what you would have done, giving appropriate reasons for the same.
Answer:
Case Summary: Mr. X running an NGO is asked by a corporate to raise objections about
laxity in granting EIA approval to a project of a rival corporate in exchange of funding to
the NGO. Convinced that these objections are true, he agrees.
(a) In this case several ethical issues arise before Mr. X which cloud his apparently good
action:
• Means v/s End: Though the end result of his action will be highlighting the
corruption, but his motive is questionable. Highlighting corruption to get funding
conflates arguable means to achieve desired ends.
• Environmental ethics v/s personal ethics: His action is eventually going to benefit
the environment conservation and protection but this occurs at the cost of his
integrity.
• Organisational benefit v/s organizational ethics: Again the organisation is
benefitting by receiving the funds it direly needed but at the cost of compromise of
organizational ethics of transparency in funding and objective decision making
without quid pro quo.
• Truthfulness of charges: It is only mentioned that charges seem authentic. Before
agreeing to raise them, it is expected that he verifies them on his own.
Thus, it may appear that his action was pragmatic and necessary for survival of NGO
and eventually beneficial on counts of tackling corruption and protecting environment.

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Yet, this action can’t be justified on account of personal and organizational values. Student Notes:
Benefits notwithstanding, it will set a wrong precedent and he is letting his NGO being
used as a tool in corporate rivalry. It will affect the objective and impartial conduct of
the NGO, which is of utmost importance for NGOs working in critical fields with so
much public interest at stake. Dearth of money is a problem which many social
organizations face. Accepting money in circumstances such as the one seems an easy
way out but not the right way.
(b) If I would have been in the place of Mr. X, I would have taken the following course:
• Independently inquire about the charges that have been presented before me so
that truth is not compromised.
• I would refuse to take money in exchange for raising the objections as it would be
in line with my commitment to organizational values and personal integrity.
• I would discuss the situation with my employees and ask them to accept cuts in pay
for a brief period. I would make them understand the importance of serving public
interest, which is the motto of any NGO against being an instrument to beat
competition.
• If the charges are found to be true it would have to be raised anyway with
authorities.
• If they are found to be false I would report the matter to appropriate agencies like
Competition Commission etc. mentioning how campaign to malign the image of
competitors is being undertaken.
• Meanwhile, I will raise funding requests with other potential donors or ask past
donors for urgent funding making them aware of the crisis that the NGO is
undergoing.
• If we keep our ethical and moral standards high it will continuously reflect in our
work. This will encourage honest and public oriented donors to help us and show
belief in us. This will be a morale booster for the organisation in the long run and it
would further reinforce our commitment in honestly serving the public interest.
Thus, without compromising with my values and organizational ethics, I can expect to
overcome the crisis while doing the needful for the cause of environment. Though
difficulties will arise, they can be overcome eventually without ceding ethical ground.

69. You are the head of a policy think-tank. There is a proposal to cut down more than
10,000 trees to build a residential colony in the capital of the country. The city has one
of the highest homeless population in the country and the settlement will be used for
them. This news has generated a lot of public debate. While on the one hand is the
need to expand urban infrastructure in order to meet the demands of the growing
population, on the other, is the environmental concern. In last ten years, the city has
lost more than half of its green cover and has seen increased frequency of extreme
climatic events. You are asked to deliver a lecture for the policymakers and concerned
citizens, in which you have to specifically deal with the following questions:
(a) Why do you think such situations arise in the first place where developmental
activities and environmental concerns often come out as antithetical to each other?
(b) What should be the short-term and long-term solutions for tackling such
situations?
(c) What are the potential benefits of inculcating environmental concerns in the policy
making and planning process?

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Approach: Student Notes:
• Briefly summarize the fact situation. .
• Examine the reasons why development and environmental issues come in conflict
with each other.
• Provide short-term and long-term solutions separately to deal with this conflict.
• Analyze the benefits of including environmental concerns in the planning process of
development.
Answer:
The given situation is a typical case of development vs environment. In this particular
case, 10,000 trees are to be cut to develop a residential colony for housing the
homeless populations of a city. However, the issue is that the city has already lost more
than half of its green cover and suffered from extreme climatic events. In this respect,
the head of the policy think-tank is expected to lay down the case clearly for the better
understanding of policymakers and the citizens. He/she must be able to identify the
issues for the stakeholders and enable them to take an informed decision. .
(a) The reasons for occurrence of such situations are:
• Lack of planning: Planning is not done appropriately for the development of a
city by the municipal authorities, et al.
• Lack of awareness and focus on adverse consequences of climate change:
Sustainable development and consequences of climate change are relatively
recent concepts that are being inculcated into urban planning only after facing
repercussions such as urban heat island effect and urban flooding.
• Lack of appreciation of the role played by ecological factors in well-being of a
city.
• Excessive population pressure: Lack of macro level effective planning for
uniform growth of the cities across the country, leads to excessive population
pressure on the city that fulfills opportunity as well as infrastructural needs of
individuals as compared to other less developed urban centers.
• Building new infrastructure: Expansion of city is done at the cost of sacrificing
green cover. For instance, building a metro requires huge amount of contiguous
land. Because of already overcrowded cities, the land is acquired by cutting
down forests.
• Standard of living: City is being seen as a place of improving the standard of
living. This again requires creation of new infrastructure causing pressure on
the environment.
(b) Short-term solution:
• The decision to select a settlement site must be taken after due consideration
of all factors. Alternative sites must be exhausted where threat to environment
is least.
• Temporary relocation: Relocate the homeless by building temporary
accommodation, such as dormitories.
• More generous Floor Space Index norms to incentivise vertical development of
city rather than horizontal development..
• Co-ordination between municipal authority and forest department: to
implement proper design so as to save as many trees as possible, save few
trees from being felled down
• Compensatory afforestation using CAMPA funds: must be done using the right
species of trees.
• Reform the Rent Control Act along the lines of Model Tenancy Act.

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Long-term solutions: Student Notes:
• Proper planning: including identifying the futureincrease in population
(trends), need of appropriate infrastructure, funding source etc.
• Introducing environmental accounting practices so that negative effects of
environmental destruction can be measured.
• Compulsory afforestation drives must be undertaken by various public and
private sector entities to replenish the lost green cover.
• Freeing up of excess land held by government PSUs etc.: As recommended by
NITI Aayog, it will help in developing low cost housing for the poor.
• Development of wasteland sites for urban infrastructure.
• Effective implementation of policies such as the smart city project so that
population pressure on certain urban centers due to lack of opportunity and
infrastructure at others is controlled.
• Policy makers to understand the long term consequences of climate change and
focus on sustainable development.
• Development of Satellite towns: Creating employment in nearby and suburban
areas so that inward migration to cities may be stemmed.
(c) Potential benefits of inculcating environmental concerns in the policy making
• Sustainable development: by utilizing resources appropriately keeping in mind
the needs of the future generations. .
• Mitigate extreme climatic events: as is being witnessed in various cities, for
e.g. Chennai flood was due to haphazard urbanization.
• Limiting the adverse impacts on communities dependent on forests/tree-
cover for livelihood.
• Low emission of Greenhouse Gases: forests are the major store houses of
GHGs such as CO2.
• Reduced number of environment-related protests: they are increasing in
number due to adverse impact on the local residents. For e.g. , recently,
residents of a colony in the capital protested against the proposal of
government to fell trees for its development.
• Preservation of rich biodiversity which helps in maintaining the ecological
balance.
Urban design solutions must protect the trees and adopt integrate sustainable methods
with new design principles, instead of continuing in a business-as-usual mode.

10. Probity in Governance


70. You head the public relations department of the state’s largest bank. The department
is responsible for putting together a quality service recognition program. Your bank’s
public relations agency is designing the advertising specialty components for the
program targeting the bank’s 10,000 employees. Your spouse owns X Promotions, the
largest advertising specialty firm in the state. The company offers the best prices for
large orders. X Promotions has supplied products for a number of other accounts of
the public relations firm. This is the first time, however, that the public relations firm
has used X Promotions for a bank project. The public relations firm does not know
that your spouse owns X Promotions. You have not suggested the use of X
Promotions. The public relations firm has made its recommendations to you,
including using X Promotions as the vendor for the quality service recognition
program. What should be your next course of action - with the public relations
agency, your management team and your spouse? Also, answer the following:
1. The ethical issue and/or conflict involved.
2. Internal/external factors that may influence the decision.

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3. Identify key values. Student Notes:
4. Identify the parties who will be affected and define the public relations
professional’s obligation to each.
5. Select ethical principles to help the decision making process
6. Make a decision and justify.
Answer:
1. The ethical issue and/or conflict.
Following questions need to be asked:
• Do I inform my bank’s management about the potential conflict of interest?
• Should I ask the public relations firm to select another vendor?
• Should I let the public relations firm pick the vendor? After all, I didn’t force them
to pick my spouse’s company. X Promotions did have the best price.
2. Internal/external factors that may influence the decision.
• Conflict of interest policy at bank
• Conflict of interest policy of public relations firm
• Responsibility to employees
3. Identify key values.
Honesty — We adhere to the highest standards of accuracy and truth in advancing the
interests of those we represent and in communicating with the public.
Expertise — We build mutual understanding, credibility, and relationships among a
wide array of institutions and audiences.
Independence — We are accountable for our actions.
Loyalty — We are faithful to those we represent, while honoring our obligation to serve
the public interest.
Fairness — We deal fairly with clients, employers, competitors, peers, vendors, the
media, and the general public
4. Identify the parties who will be affected and define the public relations
professional’s obligation to each.
• Bank management - Loyalty and Honesty.
• Bank employees-Fairness
5. Select ethical principles to help the decision making process
The core principle of the “Conflicts of Interest” - avoiding real, potential or perceived
conflicts of interest builds the trust of clients, employers, and the public's.” The intent
of this provision is: “To earn trust and mutual respect with clients or employers,” and
“To build trust with the public by avoiding or ending situations that put one's personal
or professional interests in conflict with society's interests.”
6. Make a decision and justify.
Building trust with the employeesis key in this case. Even though the use of your
spouse’s company would most likely result in a good and best price for the bank, letting
the public relations agency use the company to supply the components for the quality
service program would present a definite conflict of interest. You should immediately
notify the public relations agency not to use your spouse’s company as a vendor for this
and all future bank programs. You should explain that employees might perceive a
conflict of interest, and that the perception would damage mutual understanding and

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credibility. The lack of trust by employees might be extended to the entire management Student Notes:
of the bank. The loss to your spouse’s company might be substantial, but you need to
put the interests of your employer and its employees before your personal interests.
Even if you revealed the conflict to your bank’s management team, and they approved
the supplier, employees might still perceive that you personally benefited from the
bank using your spouse’s company as a supplier. Avoiding the conflict would guarantee
continued mutual respect between you and employees.

71. You are a young civil servant posted in a tribal dominated district, which is notorious
for illegal mining done by mafia. They exercise their power over poor tribals of the
region by bribing the local tribal musclemen who have political aspirations. The
consequent easy money and luxury have ensured that these musclemen work in the
interest of these mafia. They use these ‘tribal’ musclemen as a ‘front’ to plant
‘constructed’ news in the media to create confusion or to gain sympathy of the civil
society activists and the public at large. It is a strategy to thwart any concrete action
of the government for eliminating the menace of illegal activities in that area.
You quickly understood these designs after assuming the office. You came to know
that some employees in your own office are in nexus with the mafia. When you
initiated stringent action against the mafia they turned hostile. They prompted few
tribal musclemen to file a fake FIR against you under the stringent provisions of the
‘Prevention of Atrocities Against SC and ST Act’. They also convinced the unsuspecting
poor tribals that the state was ‘again’ launching atrocities against them. These poor
tribals were eventually tutored to write a complaint to the National and State
Commission for ST, a copy of which was leaked to the media.
This could easily become a very hot issue for the opposition parties in the state as the
Assembly Elections were due only six months later. Unfortunately all this can have
grave consequences for your career.
(a) Bring out and discuss the ethical issues involved in the above case.
(b) What steps will you take in pursuance of the most appropriate closure of this
case?
Approach:
The basic ethical issue involved is exploitation of tribals and their resources and
attempt to derail justice through false case. Accordingly answer should consist of the
following parts:
• The major ethical issues involved.
• Various course of actions with ethical reasoning underlying it.
Answer:
The case contains two important ethical issues:
• The illegal mining being done in the district is a loss for the State as well as the local
community. It favours only a handful of people (mining mafia, local musclemen and
compromised employees of State) at the same time it results in poaching on
natural resources and their labor illegally and unethically.
• Another ethical aspect of the case is attempt to delay the justice to the tribals by
false case against an honest administrator. This counter attempt to stop any legal
action against illegal mining is motivated to preserve the system of exploitation and
deny justice to tribals.

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The right course of action would involve the following steps: Student Notes:
1. A strong case should be built against the illegal activities of the mafia. The scope of
investigation should be wide, covering the local musclemen as well as government
servants. With full cooperation from the investigating and prosecuting agencies,
the case can be pursued quickly and the culprits exposed. This will bring facts to
the centre and certainly help changing the public opinion as well as ensure political
cooperation (both government and the opposition).
2. Elaborate awareness campaigns about the government policy regarding mining
should be carried out so that cooperation of general public can be ensured without
the intervention of local musclemen. Their complaints to the SC/ST Commissions
should be addressed rather than quashed. Proper and point-wise response to all
queries should be provided and made public. Their fears must be assuaged and a
negative campaign must be countered. This will bring credibility to the
administration in its action against offenders.
3. For self-motivation in such circumstances, adherence to truth and having
confidence of the team is important. Perseverance as well as leadership qualities
will have important bearing on the outcome of the case. One must know that
legally he/she is on a strong footing and such hurdles are expected. To address
insecurity arising out of political meddling, one must concentrate on the first two
points.
By adopting this course of action, I would uphold my constitutional, legal as well as
moral responsibility. Pursuing the course with courage, integrity and conviction will be
a win-win situation for all – the local people, the Government and I. It will increase the
confidence of people in democracy and the State institutions. Besides, it will also lead
to development of my personal competence.

72. You retired as a finance manager from a Public Sector Undertaking (PSU). After
retirement you are offered a job in a private company as its finance head and you
have accepted it. The company has a procurement contract with the PSU which you
worked for. Now that contract is up for renewal through competitive bidding. You
have been asked to lead the team responsible for bidding of this contract.
While working in the PSU, you had an opportunity to work on areas relating to
financial accounting, procurement, contracts and bids. You are concerned that you
might breach the confidentiality if you accept the assignment in the present company.
You also suspect that your knowledge and experience of working in the PSU were
seen as good reasons for appointing you to the position in the present company.
The loss of such a major contract would have a significant effect on the financial
performance of Company. Evaluate the merits and demerits of each of the options
given below and finally suggest what course of action you would like to take,
providing adequate reasons.
i. Do not accept the assignment as it will lead to breach of confidentiality.
ii. Do not lead the team but guide them from outside.
iii. Accept to lead the team and use your expertise in bidding for the contract.
iv. Resign from the job.
Suggest any other possible option(s). Evaluate all of them and suggest the best course
of action, giving your reasons for it.
Approach:
• Bring out the key facts of the case and identify the ethical dilemma involved.

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• Evaluate the merits and demerits of the given options. Student Notes:
• Suggest a best possible solution without compromising the ethical values.
Answer:
The facts of the case are:
• I worked in a PSU earlier, where I handled confidential work with information,
which is usually not available to outsiders.
• Now I am working in a private company which has asked me to involve in the work
where I may breach the confidentiality of my earlier work.
• I ‘doubt’ that I am hired by the present company based on my experience of
working in confidential jobs of the PSU so that it will benefit the company.
The ethical dilemma in the present case is regarding maintaining the confidentiality of
the previous job while working in the present company.
The merits and demerits of the given options are:
i. Do not accept the assignment, as it will lead to breach of confidentiality:
a. The merit of this option is that I will not breach the confidentiality of my
previous job. I am being completely safe in my professional behaviour so
that nobody would question my integrity.
b. I completely refuse to take part in the bidding process even if there are
chances of company losing the bid. The demerit is that I am not fulfilling my
responsibility towards the present company.
ii. Do not lead the team but guide them from outside:
a. This option will ensure that I am not directly involved in the bidding process
but my expertise and knowledge will be used. I will not be officially
responsible for the bidding and the company will also have high chances of
winning the bid.
b. The company will benefit and I will be contributing towards the
performance of company. But there are chances of breach of confidentiality
even though I would not be directly responsible for it.
iii. Accept to lead the team and use your expertise in bidding for the contract:
a. I will accept the assignment and use my expertise and knowledge in
bidding for the contract. The company will benefit from my expertise and I
will be contributing directly towards the performance of the company.
b. I may breach the confidentiality of the previous job at the cost of success in
the present company.
iv. Resign from the job
a. I will resign from the job since I suspect that my knowledge and experience
of working in PSU were seen as good reasons for hiring me to the position
in the present company. This will lead to breach of confidentiality.
b. Resigning from the job will ensure no such breach and my professional
integrity is maintained. The present company might be at loss and it might
not perform well considering the low chances of winning the bid.
The principle of confidentiality prohibits the use of confidential information acquired as
a result of my previous employment for my advantage or that of my current employer.
While I have a responsibility to advance the legitimate aims of my organisation, this
should not extend to a breach of confidentiality.
In this case, the present company stands to benefit from the confidential information
about how bids are assessed at the PSU. The principle would not be breached if I was in
possession of information that was in the public domain, or if I was simply to use
experience gained in my previous employment, so long as I do not use confidential
knowledge that I acquired as a result of that employment.

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So, I will discuss with the board of the company about my obligation towards Student Notes:
maintaining confidentiality. I will ask for the involvement in the preparation of the
contract bid to be limited. For example, I may be able to contribute to aspects of the
bid that do not require me to refer to confidential knowledge about my previous
employment.
I will also refer to the company’s ethical code of ethics and the policy of the company in
this matter and make sure there is no breach of confidentiality in my present work. I
will also document, in detail, the steps taken in resolving the dilemma, in case my
ethical judgment is challenged in the future.
If the necessary safeguards are not provided by the company during my involvement in
the assignment, I refuse to take part in the bid. I will also discuss with the board about
the intention behind my hiring. I will clarify that no confidential information can be
shared with the company for its benefit since it is my obligation to maintain the
confidentiality. If the company does not agree on the necessary safeguards and
compels me on sharing the confidential information, resigning from the company is the
only option.

73. Mr. A is an honest senior bureaucrat who retired some time back. He has worked
across many positions and wields immense influence in the corridors of power. His
wife was working in a consulting firm. She has now quit her job and started her own
consulting firm that will bid for government contracts also. Mr. A himself intends to
contribute his experience and insider knowledge about the government operations to
prepare for the bid. When prodded about any conflict of interest, Mrs. A argued that
she always wanted to own her own consulting firm and bid for government projects
so that she could improve the quality of government operations through her services.
But earlier she could not since her husband was a bureaucrat in the same city and
various government rules prevented her from doing so. As he has now retired she can
take up this job.
(a) What are the ethical issues involved in this case?
(b) What are steps that can be taken by Mr. A to resolve these ethical issues?
(c) What is the best option for Mr. A? Support your answer with appropriate reasons.
Approach:
• Analyze the case and bring out the ethical issues involved.
• Suggest steps that can be taken by Mr. A citing merits and demerits of each.
• Choose the best step with appropriate reasons.
Answer:
(a) The ethical issues involved in this situation:
• The insider knowledge of Mr. A will give him extra advantage over competitors
in preparing bid.
• It is not guaranteed that people in the government office will not be partial
towards him considering his influence. They may also favor him hoping him to
return their favor using his contacts and influence.
• Even if she is careful not to use her husband’s clout, the competitors will get an
impression that she will use it. This will dissuade many bidders from bidding
and reduce their trust in the process. This can also reduce public trust in the
process.
• Even if she gets the contract fairly, it will be presumed that Mr. A’s contacts
have helped creating mistrust among competitors. Some may even file a court

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case which can lead to delay in the whole process affecting public service Student Notes:
delivery.
(b) Thus, there are ethical issues which need to be resolved by Mr. A. Following steps
can be taken by him:
i. Recluse himself from working with the firm at any level.
Merits:
• He will not be associated with the company at any level. Thus, he will avoid
consciously using his influence and knowledge to bid for the projects.
Demerits:
• Since, the firm is being operated by his wife, speculations will remain about
his involvement. His wife or other employees can use his name to gain
leverage. Probability of government officials being partial towards him
remains.
ii. Ask his wife to operate in another city.
Merits:
• He can use his expertise and at the same time possibilities of interference
will also be minimized. In a new city, people won’t know him and he can
avoid any speculations.
Demerits:
• This may be arduous for his wife. They may face different problems in a
new city and incur extra cost. Moreover, possibility of kickbacks cannot be
avoided.
iii. Ask his wife to drop the idea of the company and continue with her job.
Merits:
This will avoid any conflicting situation from arising.
Demerits:
It will be unfair to his wife as she had been waiting for her husband’s retirement
to start her own company. It will be ethically wrong to curb the ambitions of
another person.
(c) Based on the above discussion, the best way out for Mr. A will be to excuse himself
from any engagement with the firm at all the levels. Make sure that Mrs. A firm
bids only for the projects where bidding process is transparent and before public
scrutiny. He should also ask her to put all the details on the firm’s own website so
that utmost transparency can be maintained. It is the best option because it will
avoid unwanted speculations. At the same time it will avoid hardships to Mrs. A in
operating in a new city when she wanted to work in this city since long. It will also
be respectful to the intentions of Mrs. A. It is true that still some people may have
doubts but it cannot be negated to zero. In the end we have to trust the individuals,
institutions and processes to operate, else, government business will always remain
stuck.

74. You are the CEO of a social media company that has a wide user base. The social
network offered by your company has emerged as a platform for people to interact
with each other and share news, opinions etc. However, at the same time, women are
being repeatedly harassed and cyber bullied through this network. Whenever any
instance of harassment is brought to notice of the company, your staff members
immediately deactivate the account of the culprit. However, since new accounts can
be created easily, such incidents continue to happen. Also, the system to verify one’s
account details has been deemed lax by public authorities and human rights groups.
But in order to increase the user base, you have to ensure that it is easy for a new
user to sign up. Increase in the user base leads to more advertisements on your
network, which is a source of huge annual turnover for the company. At the same

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time, in wake of increasing instances of harassment, you also need to tighten the Student Notes:
process of creating new accounts and deactivate or delete the ones being misused.
(a) Highlight the options available to you in this scenario and evaluate each of them.
What course of action will you take and why?
(b) Is there a need for having reasonable restrictions on social media for it to remain a
platform of healthy and fruitful engagement. Analyse from the viewpoint of different
stakeholders.
Approach:
• Give a brief summary of the situation and mention the stakeholders involved.
• Evaluate some of the options available to you.
• State your course of action, giving reasons.
• Comment on whether there is a need for having reasonable restrictions on social
media from the perspective of different stakeholders.
Answer:
Brief summary:
In this situation, the social media company is rapidly expanding but has simultaneously
become a platform for harassment of women. This is increasingly becoming a problem
for the company as it is easy for users to create a new profile. Lax security while
creating a new profile has led to a wide user base, hence, more avenues for profit.
However, it is also reinforcing instances of harassment.
Stakeholders
• I being the CEO, it is my responsibility to ensure that my company grows well and at
the same time does not become a platform for harassment.
• Employees of the company who are continually working to check increasing
instances of harassment.
• Victims of harassment as well as those who harass.
• Continuing and new users, as they too can face similar situations in the future.
• The society at large as societal values and norms are being violated.
• Government and the regulatory bodies who have an obligation to prevent women
harassment.
Ethical issues
• Harassment of women, which can have an impact on their personal dignity, physical
and mental health.
• Commercial profit vs moral responsibility of safeguarding societal values and
interest.
• Providing voice and connectivity to people through social medium vs becoming a
medium of social evil.

(a) Options available to me as a CEO in this scenario are:


• Do a thorough background check of new and existing users:
Merits: This will ensure that the company monitors the accounts of past
offenders. Similarly, potential harassers can also be identified and such
incidents can be prevented in the future. Will fulfil company’s obligation
towards women and society as well as increase its popularity amongst women,
thus benefitting business in the long run.
Demerits: It can prove to be a cumbersome task as it is not feasible to evaluate
large user base. Moreover, conducting a background check does not serve as a
guarantee that incidents of harassment will not be repeated in future.

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Additionally, large customer base denotes more avenues for advertisement by Student Notes:
companies leading to more revenue for my company. The company will have to
forgo financial profit in this case.
• Outsource the work to an external security agency in order to combat the
existing problem:
Merits: This will ensure that one agency specifically deals with the problem and
all resources are used to put an end to it.
Demerits: It can lead to unanticipated security issues as a third party will get
access to confidential user information.
• Deactivation of account on complaint and add the feature to contact the
police of specified area which can take forward the investigation.
Merits: Will prevent harassment and ensure swift action against miscreants. It
will discourage possible offenders and ensure protection of women.
Demerits: Can be used to file frivolous complaints and many genuine accounts
will be affected. Company will be greatly occupied with such cases while its
popularity will decline.
• Most suitable action: In this situation, the most suitable action will be to hire
more personnel and delegate the responsibility of checking instances of
harassment to them. Company personnel can immediately deactivate the
account of the harasser and inform the local police. Additionally, they can
create a database of offenders for future reference. This will ensure that the
same person will not repeat the incident in the future. Also, in this way the
company will prioritize the safety of its users and will not compromise on it at
any cost.
Additionally educate the users (especially the young) about the moral and legal aspects
of online harassment will help.
(b) Along with many benefits social media platforms have become avenues for fake
news, online harassment, fraud, etc. Thus, there is a need for reasonable restrictions on
social media. This can be analysed from the perspective of different stakeholders:
CEO/Company: Reasonable restriction prevents the misuse of a noble medium for
deviant purposes. It would be morally wrong for the company to allow itself to be used
such for the sake of profit. Since company earns through public it is its responsibility to
cater to its interest and fulfil its social responsibility.
Victims: Misuse can lead to mental anguish, depression and even suicide. Focus should
be on safeguarding users, especially women and children, who have become more
vulnerable in this respect.
Users: Users will be prevented from abuse as well as exposed to correct information
and data. Users will not fall for malicious campaign or opinion thus safeguarding their
interest.
Society: Anything that proliferates to extent of social media needs to be regulated
whether internally or externally, otherwise, it can have dire and unprecedented
consequences.
But it should be ensured that these reasonable restrictions should not become a tool for
political and personal vendetta against opponents

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11. Ethical Issues in International Relations and Funding Student Notes:

75. Developing countries are often very vulnerable to exploitation by multi-national


corporations. They support industrialization but lack of infrastructure is a major
limiting factor. Further, without suitable laws and regulations, developing nations are
ill prepared for such endeavours. In their efforts to attract business, these nations
often overlook the health and safety violations by the corporations doing business
within their borders. Drawn by low-cost labour, new markets, and lower operation
costs, corporations have little incentive to address environmental and human risks
once they are entrenched. In this situation there is imminent threat of disaster.
Discuss some feasible strategies to balance economic development and safety and
security of people at large in developing countries with special emphasis on India.
Approach:
• Discuss the character of MNCs first with specific examples showing their disregard
for human welfare.
• Then discuss various mechanisms at national and global level to address the
deficiencies in policies and institutions.
Answer:
Developing countries are attracting a significant portion of global Foreign Direct
Investments. Governments of such countries often compete fiercely for attracting
Multinational Corporations (MNCs) in the expectation of the advantages they will bring
to their economies, often prioritizing economic goals over fundamental human rights
and environment conservation. The fierce competition often leads to defective policies
by these governments, which are reason for disasters in many countries. The Bhopal
Gas tragedy in 1984 was a consequence of defective policies of government and
exploitative character of the MNCs.
To prevent a "second Bhopal" from happening, developing countries need to rethink
their strategy of economic development to balance the economic goals and its
repercussions on environment and human welfare. Strategies to control the
exploitative character of MNCs can be classified under two broad categories namely at
National and Global level.
A) National Measures
National level measures require changes in the legislative, regulatory and
administrative framework, which should ensure that not only adequate institutions are
placed but have the necessary authority to balance the required of economic
development and human welfare. Some of the measures required are:
• Corporate Governance norms should be strengthened and strictly monitored.
Adequate regulatory complice mechanism should be put in place along with
enforcing accountability for any lapses.
• Regulatory institutions should be strengthened to address the concerns of people
at large.
• In India we have mandated corporate to spend specific amount of profit as a
corporate social responsibility (CSR). Institutional changes are required in this area
to ensure compliance.
• Capacity building for environmental and social audit of the activities of the MNCs.
Social Impact Assessment should be made mandatory of any major project. Further,
adequate information about any project should be placed in the public domain and
disseminated to the local population.

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• Through tax inducements and non-monetary incentives MNCs can be forced to self- Student Notes:
regulate their functions.
• NGOs and community organizations can play an important role to ensure that
MNC’s not only comply with the regulatory norms but also disseminate complete
information to the local community about any danger.
• Mock drills could be organized to ensure adequate response in case of any
industrial disaster.
• Government should ensure that any major project should undergo an
Environmental and Social Impact Assessment and the report should be widely
discussed with all stakeholders.
B) International
On the global scene, global industrial watchdog organization must be instituted, similar
to an international environment protection act. The main objective for this organization
would be to set standards for the operation and behavior of multi-national
corporations. The Permanent People's Tribunal has drafted a "Charter of Industrial
Hazards and Human Rights." The Charter draws together all of the lessons to be learned
by the Bhopal disaster to emphasize the need to pay closer attention to industrial
activity across the world. This charter should be put into action with the
aforementioned regulatory body.
International best practices should be documented and widely disseminated.
International bodies like WTO should draft adequate guideline for the
operationalization of MNC’s ensuring that the development dimension is adhered to in
any major project balancing the interest of the MNC and the state.
The above measures though may help in creating a better world, but unless every
citizen feels that he is a part of the global village and there is a global solidarity for
creating a better world, there would always be questions pointing what is development
and development for whom.

76. You are representing India in an international bidding for oil exploration in a country.
Other, richer countries are also bidding for the project. You are sure that your bid of
exploration is better as well as cheaper than that of others, and that you will
definitely win the bid. A day before the auction, you come to know that other
countries are employing every means, including bribing the authorities for being
successful. Some of the officials of the home country have also contacted you and
made some demands in exchange for assurance of India winning the bid. You are
aware of the criticality of this bid in terms of domestic economic and strategic
implications. Based on above information, answer the following questions.
(a) Specify the ethical dilemma(s) that you face in this situation.
(b) Do ethical concerns really matter in international transactions or are they
secondary to domestic interests?
(c) What will be your course of action in the above situation? Justify with merits and
demerits.
Approach:
• Identify the ethical dilemmas that you face.
• Highlight the importance of ethical concerns in international transactions vis a vis
domestic interests.
• Then mention the course of action that you would follow. Justify it by taking into
account the merits and demerits of the decision.

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Answer: Student Notes:
a) The situation in this case study presents the following ethical dilemma:
The dilemma is whether to pay the bribe vs being upright and avoid the temptation to
pay.
The former action may help India win the bid, but it will be an unethical course of
action and may spoil the image of the country in the long run when the truth comes
out in the public. It will also have adverse consequences for India’s relations with the
countries involved in bidding process. Moreover, this is inimical to a healthy
competition, level playing field and innovation. This action will also set a wrong
example to others. The action is not only unethical but also illegal as regards to Indian
laws. It may not bring in me a sense of accomplishment or content.
The latter course of action may lead to a possible defeat in the bidding process, setback
for my career and economic and strategic implications for the country. But it is the right
path to follow.
b) Advocates of national interest in international relations argue that national interests
are paramount. As Henry Kissinger has said- “there are no permanent ally or
permanent enemies, only interests are permanent”. These arguments are based on the
fact that the government of a county primarily works on the behalf of its citizens and
thus it is bound to uphold their interests. The political party in power has to face
general elections regularly and its report card of performance evaluates not only
domestic but international actions as well. Hence, national interest alone should be
paramount in international relations.
However, these arguments suffer from certain inconsistencies. If the national interest
alone is taken into account then wrong doings like colonization, regime change, arm
twisting of weaker nations etc. will be justified. Further, there exists a wide inequality
internationally and if strong nations justify their actions solely based on the national
interests than this gap will further widen. Moreover, the global commons will not
survive and sustainable development will remain a distant dream.
Thus, fairness, justice, apathy, sustainable development of whole world, equity etc. are
ethical principles which are as important as national interests and really matter in
international relations.
c) In such situation, I will pursue the following course of action:
a. Verifying, at my own level, the correctness of information related to bribery
activities in the auctioning process.
b. Informing my seniors, seeking their advice as they might have faced similar
situation earlier.
c. Approach the head of the authorities handling the whole process of auction
and inform them about inconsistencies which has come to notice and demand
a fair and transparent bidding process.
d. If grievances are not addressed at that level then, after taking my seniors into
confidence, we can approach other higher authorities of home country like
judiciary for intervention.
I will also demand that the officials involved in bribe-seeking activities must be
punished which will deter such malpractices in future. Those nations who are involved
in unfair practices must also be punished (by way of fines, blacklisting them or
cancelling their bids).

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Justification of such course of action Student Notes:
In international transactions, sometimes unetical actions like bribery are also sought to
be justified in the name of national interest. However, on a closer look, such actions are
clearly against the national interests in reality. The revelation about involvement in
bribery would jeopardize the international relations of future generations of our
country.
Further, a single contract cannot be so important to our country that we sacrifice our
moral standards and higher values maintained for so long. Moreover, corruption can
never be the true foundation of prosperity. The gains obtained from it corrupt the
whole society.
By following the stated course of action, I will display faith in the governance of home
country, uphold our moral values and there will be higher chances of fair bidding
process. As India’s bid is better and cheaper, it will ensure India’s success. It will
generate the good will for our nation among the people of that country; set a right
example against corruption in international transaction. Overall, it will be a right step
towards the righteousness which we expect in international relations.

77. A deadly epidemic has broken out in West Africa killing thousands of people in a short
span of time and infecting many others. There is no vaccine or treatment available to
cure the disease.
You are the head of the health department of one of the countries that have been
severely hit by the epidemic. While there is no treatment currently available for the
disease, an experimental drug is being used in some other country. This drug has
shown positive results and consequently some of the patients have also managed to
recover from the disease. However, it is not yet clear whether the relief came due to
the drug alone, or otherwise.
Given the high mortality rate of the disease and its rapid spread, other countries
affected by this disease have already given a go-ahead for the mass production of
this experimental drug. But some health experts are skeptical about the efficacy of
the drug and have even warned against its use as it may result in some deadly side-
effects.
(a) Bring out and discuss the ethical issues involved in the above case.
(b) What would you do in the above situation? Give reasons.
Approach:
The answer should consists of the following parts –
• The facts of the case
• The major ethical issues involved
• Different options available to you and their analysis
• The course of action you would adopt, giving reasons
Answer:
The facts of the case are –
• The epidemic is deadly with a high fatality rate
• There is no cure for the virus except for an experimental drug whose efficacy is
questionable
• Some countries affected by this disease have given a go ahead for use of the
experimental drug.

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The ethical issues involved here are – Student Notes:
The disease is causing havoc among the population. As a head of Health department it
is my duty to take steps to tackle the situation. The experimental drug has not proved
its efficacy in tackling the disease. Without proper clinical trials it would be unethical to
give this drug to the victims. Also, some health experts have warned against the
possible side-effects of the drug. Thus administering the drug may prove to be worse
than the disease.
But in the absence of any other medication and the rapid spread of the disease, means
that some urgent action needs to be taken before the situation goes out of control.
Time is not a luxury that I have. Thus the question comes down to whether to go ahead
with the current cure or wait for clinical approval of the drug.
Options available –
1) Wait for clinically approved drug – This option will save me from running the risk of
any side-effects that may arise from using the experimental drug. But as the
epidemic is spreading rapidly and finding a sure-fire cure may take time, it may be
possible that a large population will be affected with a huge death-toll before the
cure is administered to the people. Hence, this option is not suitable.
2) Give go ahead for the use of the experimental drug – The situation is very dire in
my country and it requires immediate action. This will ensure that some sort of
action is taken on my part. But it is also possible that the cure may prove
ineffective and in worse case scenario, affect the population adversely. Hence,
without any clinical approval, it is not suitable to administer the drug to the
population.
3) Wait to see what impact the drug has on the neighboring countries’ affected
population and act accordingly – This option accords equal importance to gauging
the efficacy of the drug and also keeping public health in mind. If the drug shows
positive signs in other countries and no side-effects, then I will also give a go ahead
to use of this drug. But if the drug proves ineffective or results in major side-effects
than I will not allow the use of this experimental drug. This will save the population
from something which is worse than the cure, though the delay may cause some
additional deaths.
I will choose the 3rd option as it is an informed decision. Though the wait period may
result in some deaths but the larger affected population will be saved from being
administered a wrong cure. This option shows that instead of panicking under the
outbreak of epidemic and going with any available untested cure, I have followed an
informed course of action.

12. Corporate Governance


78. You are the Managing Director of a multinational company that prides on hiring
people from diverse backgrounds. The company also chooses multiple projects under
Corporate Social Responsibility that are geared towards social inclusion and
empowerment of vulnerable sections of the society. Miss ‘X’ who works in your office
tells you that she has been diagnosed with HIV. It happened due to malpractice by a
medical practitioner who re-used a contaminated syringe that led Miss ‘X’ to contract
the disease. The company has strict policies about toleration and you ensure Miss ‘X’
that she can continue with her job in the company without facing any form of
discrimination. A few days after the revelation, Miss ‘X’ angrily submits her
resignation letter. She states that she has faced discrimination at the workplace every
day after the revelation. Her colleagues are hesitant to eat lunch with her, they make

DELHI JAIPUR PUNE HYDERABAD AHMEDABAD LUCKNOW CHANDIGARH


130 www.visionias.in # 8468022022 ©Vision IAS
sure they do not drink water from the same source and the females in the office Student Notes:
comment on her marital status. She is also asked to sit separately during
departmental discussions. She intends to sue the company for mental harassment. If
she takes the step, the public image of the company will be maligned and its non-
discriminatory policies will be questioned. The following are some suggested options
for you to deal with the situation as a Managing Director of the company. Evaluate
the merits and demerits of each of the options:
(a) You accept her resignation and suggest a compensation package so that she
refrains from suing the company.
(b) You persuade her not to submit her resignation and transfer her to another
department.
(c) You ask her to continue with her job and take strict action against the colleagues
who discriminated against her
Also, state (without necessarily restricting to the above options) your course of action,
giving proper reasons.
Approach:
• Highlight the ethical issues involved.
• Assess the given options and state their merits and demerits, with reasons.
• State your preferred course of action in the situation. Substantiate it with reasons.
Answer:
An employee is being socially discriminated at workplace and feels harassed to the
extent that she wants to quit her job. In such a situation, the employer, on the one
hand, has to address her grievances and, on the other, bring an attitudinal change
about this sensitive issue amongst his colleagues.
Evaluation of the stated options
a) If employer accepts her resignation and offers a compensation package, then there
is a probability that Miss X will refrain from suing the company. However, it will not
boost the morale or self-confidence of Mrs X which was lowered by her colleagues.
Also, it will justify the balancing of unethical practices with monetary
compensation. By doing this, the employer will set a wrong precedent and
indirectly reinforce the practice of discrimination in the company.
As a Managing Director, it is my duty to ensure that the employees have a
conducive, non-discriminatory work environment. Accepting resignation will not be
a right step in ensuring such work environment but an easy way out of this
situation.
Further, every time monetary compensation for such incidents will pose additional
financial burden on the company. Thus, it is necessary to root out the cause of
problem which is wrong attitude of people in company.
b) If I persuade Miss X not to submit her resignation and transfer her to another
department, it will ensure that she will remain in the company and not sue it. She
will also not face her co-workers who have made her uncomfortable in the
situation. However, there is no guarantee that her co-workers will not discriminate
against her in another department. Moreover, by transferring her I will not
eliminate the issue at hand, which is ensuring there is no workplace discrimination
c) Taking strict action against her colleagues will send a right message and create
deterrence against discriminatory practices in future. It will address the grievances
of Mrs X and boost her confidence for the company’s management. However, the

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managing director must seek explanation from her colleagues before taking strict Student Notes:
action against them. There must be fairness in the decisions of management
otherwise it will lower the morale of other employees.
Course of Action
Any course of action must comprehensively address all the aspects of the situation. The
action must bring justice to Mrs X, send a right message to the employees and create a
positive atmosphere in the company.
• Ask Mrs X to continue with her job in the present department and ensure her of
non-discriminatory work environment in future in the company.
• Seek explanation from her colleagues who discriminated against her and take strict
action against them
• I will also make it a point to socialize with her in the workplace, whenever feasible,
to set an example for other workers
• Request the HR department to ensure through the code of conduct that there is no
discrimination against HIV patients.
Further, to bring attitudinal change in employees, the management of the company can
undertake various activities such as:
• Arrange lecture sessions and workshops for employees by NGOs working in the
field of eliminating discriminations against HIV patients.
• Undertake CSR activities for the welfare of HIV patients and involving company’s
employees in them. It will sensitize them about the people suffering from AIDS.
Social discrimination against HIV patients should not be tolerated as they are already
dealing with the health and financial pressures of contracting the disease. It is
everyone’s moral responsibility to destigmatize the disease and treat HIV patients
normally

79. A state-of-the-art technology product is to be launched by a leading company on a


widely advertised date, simultaneously at different locations in the country, for the
first time. There is fantastic customer response and heavy bookings for the product.
A big event is planned in Pune for the launch to which a large number of dignitaries,
customers and media have been invited, thus ensuring extensive press coverage. The
manager’s career hinges on the success of the event and the launch.
Three days before the scheduled launch date, the manager’s deputy tells him that the
trucks transporting the product have been detained at the octroi post outside Pune,
ostensibly for want of some documents, and the octroi inspector is demanding a bribe
for clearance of the consignment.
“Should we pay the bribe?” the deputy manager asks the manager. What should the
manager do? Discuss the course of action he can take. Keep in mind, that this is not
an isolated incident. These kinds of things happen a lot in the country where a bribe is
demanded for “quick solutions”. Discuss an approach, which can be followed in such
situations.
Answer:
We need to discuss the various ethical dimensions involved and the actors likely to be
effected by the decision.
The deputy manager may face a number of ethical dilemmas that may complicate his
decision.

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• Should the deputy manager do anything, legal or illegal, in order to ensure a Student Notes:
successful launch…? Or should he act within bounds of the law and ethical
propriety…?
• Why has his deputy manager passed the ball in the manager’s court…? Such
situations must have arisen before. Is it a trap to test the manager’s honesty…?
The manager has many ethical obligations towards several parties.
• He has an obligation to obey the laws of the land but as an employee he also owes
a degree of obedience to his superiors and an obligation to ensure the company’s
success. This conflicting two-fold obligation comprises not only business and
commercial success but also includes his duty to guard his company’s reputation,
protect its interests and see that it doesn’t fall foul of the law.
• Finally, the manager has a duty towards himself not to compromise his own
personal conscience.
Impact of giving bribe
• The actors include the various persons demanding the bribe and the company
employees / agents involved in the payment / delivery process of the bribe. It could
set a bad precedent as both the company and the manager could acquire a
reputation that they are ethically vulnerable. Furthermore, paying the bribe could
create an attitude amongst employees and junior staff that, in this company,
bribery is simply a standard operating procedure.
• Is the argument “well, others are doing it, so why not us” valid? The prevailing
ethical environment depends on the moral behaviour of the majority of citizens, or
in this case the ethical environment is also determined by the moral values and
code of conduct of the existing industry.
• But one thing is sure – in the long term, it is not beneficial to conduct business in an
environment where lying, stealing, bribery, cheating and other immoral activities
are permitted and practised by the majority. That is why bribery is illegal in virtually
every country in the world.
SUGGESTED SOLUTION (to the Ethical Dilemma
A holistic view of the ethical perspectives of concerned stakeholders involved in the
ethical dilemma will provide a solution. In the ethical situation analyzed here, in this
case study, it clearly suggests that in the long-term interest of the stakeholders
involved, the manager should:
1. Decline to pay the bribe.
2. Apprise the top management of his decision.
3. Use the three days time available and try to resolve the issue in a proper manner,
with the help of the top management, intervention at higher levels and threat of
counter-exposure if necessary.
4. Take customers into confidence to cater for the “worst case scenario”.
5. Ask the top management to promulgate a code of ethics, which clearly prohibits all
types of bribes and illegal payments.
Business is a cooperative activity whose very existence requires ethical behaviour, as
any unethical behaviour on the part of any stakeholder is detrimental to business
interests. Business cannot strive without ethics, so it is in the best interest of business
to promote ethical behaviour among all its stakeholders as well as within its larger
society. When employees believe an organization is ethical, they are more willing to
contribute to the organization’s interests, as they see managers’ leadership as
legitimate and readily follow what their managers and supervisors tell them to do.
Thus, ethics is sine qua non for any business.

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80. You are the chief executive of ABC Ltd., an automotive component manufacturing Student Notes:
company. Until recently, all of your production plants were located in City X. However,
the cost of production has risen, causing profits to decline. A number of factors have
led to an increase in the production costs. First, the union representing the workers in
your plant waged a successful strike resulting in increased salary and benefits. A
second factor has been imposition of stringent environmental regulations.
Shareholders are concerned about the declining fortunes of the company. Many of the
competitors have moved their operations to less-developed cities, where the
operating costs are less than in City X. ABC Ltd. is a major employer in the city where
it is located, and you know that a plant closure will cause economic dislocation in the
city. Given the situation, answer the following questions:
(a) What are the ethical issues involved in this case?
(b) How can the interests of different stakeholders be reconciled in this case?
Approach:
• After giving a brief introduction of the facts of the case give the ethical issues
involved in the case.
• Suggest a way by which the interest of all parties can be synthesised.
Answer:
An industry is not merely the factory and worker employed. Its working depends
crucially on the social environment where it operates and kind of regulations it is
subject to. The case given presents a situation where because of rising costs due to
multiple factors, relocating the industry is being actively considered. This will lead to
economic distress in the city.
(a) Ethical issues involved
• Corporate Social Responsibility: Company is economic driver of the region as it
gives employment to large number of people. Therefore, relocating it must be
weighed accordingly.
• Profit v/s interest of employees: Production cost may be reduced by relocation
to less developed city, but it will lead to huge unemployment.
• Transfer of burden: Is it ethical to cause environmental damage at some other
place merely to save production cost?
• Public versus organizational interest: Whether relocation is merely for
increasing organizational profit or some public interests would also be served?
(b) Reconciling the interests
The various stakeholders and their interests are:
• The shareholders of the company have interests in higher profits, which the
high costs in the current city are jeopardising.
• The employees are interested in securing better wages and working conditions,
and above all, continuation of employment.
• The local people, as they are economically dependent on the company for their
livelihood.
• The society as a whole, as the operations of the company must be environment
friendly.
Thus, continuing the operation in City X will protect the economic interest of the people
in the region but would be detrimental to the company’s profits, while relocating to a
less developed city would increase the profit margins, but may lead to a collapse of
livelihoods and economy in city X. Also, environment regulations may not be as strict at
the new location, thereby increasing pollution.

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So, to reconcile these different interests, following steps may be taken: Student Notes:
i. Recognition of the social responsibility which the company has and putting across
its interests to all the stakeholders in a transparent manner. The company must
make all efforts to minimise costs without relocations and by taking into confidence
employees, shareholders and local people.
ii. If not, then partial shifting of the company to less-developed cities: The Company
may restructure its units and determine if shifting some of them to smaller cities
may help it to lower the total operating cost. If profitable, it may also consider
outsourcing some of the work to other companies who are already operating in
small cities.
iii. Giving different options to existing employees – such as continuing in marketing or
servicing center as per qualification, shifting to the new location or lump sum salary
for 2 or 3 months as termination amount.
iv. Adopting latest technology to reduce cost of production: This will increase
productivity and reduce the environmental damage. Though initial cost of adopting
may be high but it will be beneficial to the company as well as the society overall in
the longer run

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