Model Answer
0 min readIntroduction
Public service, at its core, is about upholding the trust placed in government by its citizens. While laws provide a necessary framework for conduct, they often fall short of encompassing the full spectrum of moral considerations. Ethics, defined as the moral principles governing a person’s behavior or the conducting of an activity, provides that broader perspective. A mere adherence to legal provisions, often termed ‘letter of the law’, doesn’t guarantee just or equitable outcomes. Effective governance necessitates a ‘spirit of the law’ approach, demanding public servants possess a well-developed sensibility to ethical issues, enabling them to navigate complex situations and discharge their duties responsibly. This is particularly crucial in a country like India, with its diverse socio-economic realities and evolving ethical landscape.
Understanding the Dichotomy: Law vs. Ethics
Law represents a codified system of rules enforced by the state, focusing on maintaining order and preventing harm. It is often reactive, addressing issues after they arise. Ethics, however, is a broader system of moral principles that guide individual and collective behavior, often proactive in preventing harm and promoting well-being. While laws are generally universal within a jurisdiction, ethical considerations can be context-dependent and subject to interpretation.
Example 1: Ethically Right, Legally Wrong
Consider the case of a government officer during the Bengal famine of 1943. Let's say an officer, witnessing widespread starvation, deliberately misreports grain stock levels to higher authorities, enabling him to distribute the grain directly to starving villagers, bypassing bureaucratic hurdles and potentially violating regulations regarding reporting and distribution. This act, while technically illegal – potentially constituting falsification of records and dereliction of duty under the Indian Penal Code (IPC) – is ethically justifiable. The officer prioritizes the immediate preservation of human life over strict adherence to procedural rules. This aligns with the ethical principles of beneficence (doing good) and non-maleficence (avoiding harm). The moral imperative to save lives outweighs the legal obligation to follow rigid protocols in a crisis.
Example 2: Legally Right, Ethically Questionable
Imagine a scenario involving a land acquisition process for a large infrastructure project, legally sanctioned under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The government follows all legal procedures – conducting surveys, offering compensation as per the Act, and obtaining necessary clearances. However, the compensation offered is significantly below the market value, and the resettlement plan is inadequate, leading to the displacement and impoverishment of vulnerable communities, particularly tribal populations. While the land acquisition is legally valid, it raises serious ethical concerns. It violates principles of justice, fairness, and respect for human dignity. The act, though legally permissible, lacks ethical legitimacy because it disproportionately harms a marginalized group for the benefit of economic development. This highlights the potential for legal frameworks to be used in ways that are ethically problematic.
The Role of Ethical Sensibility
These examples demonstrate that a public servant’s role extends beyond simply following the law. Ethical sensibility – the ability to recognize and respond to ethical dilemmas – is crucial for making sound judgments, especially in situations where legal guidelines are ambiguous or inadequate. This sensibility is fostered through values education, integrity training, and a culture of accountability within the public service. The Second Administrative Reforms Commission (2008) emphasized the need for strengthening ethical governance and promoting a culture of integrity in public administration.
Challenges and Considerations
However, navigating ethical dilemmas is not always straightforward. Public servants often face conflicting obligations and pressures from various stakeholders. Balancing competing interests, upholding transparency, and ensuring accountability require strong ethical leadership and a commitment to public service values. The absence of a robust ethical framework and effective enforcement mechanisms can lead to corruption, abuse of power, and erosion of public trust.
Conclusion
In conclusion, while legal compliance is a fundamental requirement for public servants, it is insufficient for effective governance. A well-developed ethical sensibility is paramount, enabling them to navigate complex situations, make morally sound decisions, and uphold the principles of justice, fairness, and accountability. Investing in ethics training, promoting a culture of integrity, and strengthening oversight mechanisms are essential steps towards building a more ethical and responsive public administration, ultimately fostering greater public trust and ensuring the well-being of all citizens.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.