Model Answer
0 min readIntroduction
The foundation of a robust democracy rests on the integrity and ethical conduct of its representatives, particularly those holding ministerial positions. A ‘Code of Ethics’ outlines principles and values expected of public officials, while a ‘Code of Conduct’ specifies rules of behavior. In recent times, concerns regarding conflicts of interest, abuse of power, and lack of transparency have underscored the need for stronger ethical frameworks for ministers. The question of whether these codes can genuinely uphold higher standards of constitutional and ethical conduct is crucial for maintaining public trust and ensuring good governance.
The Need for Codes of Ethics and Conduct
The Indian Constitution, while establishing a framework for governance, doesn’t explicitly define a comprehensive code of ethics for ministers. Articles 74 and 75 deal with the Council of Ministers and their collective responsibility to Parliament, but lack specific ethical guidelines. The absence of a formalized code can lead to ambiguities and opportunities for misconduct. The Second Administrative Reforms Commission (2008) strongly advocated for a robust code of ethics for ministers, recognizing the potential for conflicts between public duty and private interests.
Benefits of Implementing Codes
- Enhanced Accountability: A clear code of conduct provides a benchmark against which ministerial actions can be evaluated, fostering accountability.
- Prevention of Corruption: By outlining acceptable behavior and prohibiting conflicts of interest, codes can deter corrupt practices. The Prevention of Corruption Act, 1988, provides a legal framework, but a code of ethics can proactively address ethical dilemmas.
- Improved Public Trust: Demonstrating a commitment to ethical conduct can restore and strengthen public trust in government.
- Constitutional Safeguards: Codes can reinforce constitutional principles like objectivity, impartiality, and accountability. They can help ministers adhere to the spirit of Article 14 (equality before law) and Article 19 (freedom of speech and expression) while performing their duties.
- Standardized Behaviour: A code provides a consistent framework for all ministers, reducing arbitrary decision-making.
Limitations and Challenges
While beneficial, codes of ethics and conduct are not a panacea. Several challenges exist:
- Enforcement Mechanisms: The effectiveness of a code depends heavily on robust enforcement mechanisms. Without independent oversight and penalties for violations, the code becomes merely a symbolic gesture.
- Subjectivity and Interpretation: Ethical dilemmas often involve subjective judgments. A code may not provide clear guidance in every situation, leading to differing interpretations.
- Political Will: Implementation requires strong political will. Governments may be reluctant to enforce the code rigorously against their own ministers.
- Lack of Awareness: Ministers and public servants need to be adequately trained on the code's provisions and ethical principles.
International Examples
Several countries have implemented codes of ethics for ministers. For example, the UK’s Ministerial Code outlines principles of honesty, integrity, and objectivity. Canada’s Conflict of Interest Act provides a legal framework for addressing conflicts of interest. These examples demonstrate the global recognition of the importance of ethical standards in public life.
| Country | Key Features of Code |
|---|---|
| United Kingdom | Focuses on honesty, integrity, objectivity, and accountability. Independent Advisor on Ministers’ Interests. |
| Canada | Conflict of Interest Act prohibits ministers from using their position for personal gain. |
| Australia | Statement of Ministerial Standards emphasizes responsible and ethical conduct. |
Conclusion
In conclusion, while codes of ethics and conduct are not foolproof, they are essential tools for upholding higher standards of constitutional and ethical conduct among ministers. Their effectiveness hinges on strong enforcement mechanisms, political will, and continuous awareness-building. Supplementing these codes with independent oversight bodies, transparent decision-making processes, and a culture of ethical leadership is crucial for fostering good governance and maintaining public trust in the Indian political system. A mere document is insufficient; a genuine commitment to ethical principles is paramount.
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.