Professional Documents
Culture Documents
[1]
Ethics is an attempt to guide human conduct and it is also an attempt to help man in
leading good life by applying moral principles. Ethics refers to well based standards of
right and wrong that prescribe what humans ought to do, usually in terms of rights,
obligations, benefits to society, fairness, or specific virtues. Ethics is related to issues of
propriety, rightness and wrongness. What is right is ethical and what is wrong is
unethical. Value is an important conception in ethical discussion. Values relate to the
norms of a culture, but they are more global and abstract than norms .[2] Our personal
values and societal experiences contribute to the strength of ethical fibre. The value
system that one is exposed to has immense impact on the kind of ethics that gets
imbibed in to self.
Abdul Hye model of governance their roles have been strengthened and changed to
participatory in nature, action oriented and engaging in the governance process. In the
current scenario or in the future each of the stakeholders mentioned above have their
own role play and their significance is ever increasing in character in ensuring effective
governance.
Ethics in Governance
[5]
Centre for First Nations Governance has identified the five pillars for effective
governance that blend the traditional values of respective nations with modern
realities of self-governance. The principles that exist under each of the pillar is
mentioned in the table below
People
Land
Laws and
Jurisdiction
Institutions
Resources
Strategic vision
Meaningful information Sharing
Participation in Decision Making
Territorial Integrity
Economic Realization
Respect for the Spirit of the Land
Expansion of Jurisdiction
Rule of Law
It can thus be inferred that effective governance involves players who are
actively engaged with each of the factors mentioned above. And in the Indian context
these are legislators ( a subset of poiticians), administrators, people associated with the
justice system who determines the level of participation private players, supporting
organistaions, people and civil society. Any disruption in each of their roles shall have
a greater ramification to the governance process in total ultimately leading to the
mother of all evil in governance process corruption. In this paper we shall consider
only the ethical aspects of three pillars of Indian government i.e. legislative, executive
and judiciary and that to with respect to the key or important personals involved in
their functioning i.e. legislators, civil servants and judges respectively.
Supreme Court has directed that a candidate should declare any conviction by a
court or whether a criminal case is pending against him
Using this power, Election Commission has made the Code of Conduct for
elections binding in all respects.
Electronic voting machines have been introduced throughout the country (in
the parliamentary elections of 2004).
It has been decided that the death of an independent candidate would not lead
to the cancellation of an election.
2nd Arc has recommended introducing a system for partial state funding in order to
reduce the scope of illegitimate and unnecessary funding of expenditure for election
but no action has been taken in this regard so far.
(c) to examine cases concerning the alleged breach of the Code of Conduct by
members as also cases concerning allegations of any other ethical misconduct of
members; and
(d) to tender advice to members from time to time on questions involving ethical
standards either suo motu or on receiving specific requests.
But when such emphasis is laid on the conduct it becomes enormously crucial to
know what constitutes the conduct or misconduct for a member of parliament in order
to codify them. And this is what The Second report of the committee to inquire into
misconduct of members of lok sabha on various facets of misconduct and basic
attributes of standards of conduct/ behaviour expected of members (fourteenth lok
sabha) [8] has given following views and commentaries on
(a) the need to codify as to what actions on the part of members of
Parliament would come under the category of misconduct.
CNN IBN, ILS Law College, Pune, Ministry of Law and Justice, Shri Pranab
Mukherjee, Leader of Congress Party and The Indian Express are of the opinion that
there is no need to codify what actions of members of Parliament would constitute
misconduct as it would be very tough and impractical to list all the possible categories
of misconduct. Shri Pranab Mukherjee elaborated by observing that misconduct is
nothing but conduct unbecoming of a Member of Parliament not only in discharge of
his parliamentary functions but also in the discharge of his public duties and probity of
conduct in private life to the extent it impacts on the performance of his public duties.
He was further of the view that what amounts to conduct unbecoming of a Member of
Parliament depends on the facts and circumstances of the case. However, Shri Soli
Sorabjee, and Shri P.P. Rao, Senior Advocates, Shri Sushanto Roy, CEO, Media and
Entertainment Shri Nakul Das Rai, Leader SDF and Rajasthan Patrika are of the view
that it is desirable and necessary to codify such actions of members of Parliament
which would amount to misconduct so that there is a deterrent for members and they
know what they are not supposed to do.
(b) appropriate and comprehensive definition of misconduct vis a vis
members of Parliament and on the details of acts which may come under
definition of misconduct of members.
CNN IBN, Shri P.P. Rao, Senior Advocate, Shri Sushanto Roy, CEO, Media and
Entertainment and The Indian Express sought to define the term misconduct. CNN
IBN has proposed that the term misconduct may include, misbehaviour on the floor
of the House, viz, use of violence, anti-social behaviour, refusal to follow instructions,
disruption of proceedings, breach of conduct rules, misuse or abuse of parliamentary
office or of parliamentary privileges, commission of cognizable offences, use of public
position for personal benefit, providing benefits to influence official actions, receipt of
gifts above a certain value, misuse of privileges, financial conflict of interests and
nepotism etc. On the other hand, Shri Pranab Mukherjee, Leader of Congress Party, is
of the view that it may be inappropriate to give comprehensive definition of
misconduct, ILS Law College feels that any definition would have to be broad and
illustrative. Shri Soli Sorabjee, Senior Advocate is of the view that it is not practicable
to give any comprehensive and exhaustive definition of misconduct, but the same may
include conflict of interests whilst voting on a motion in Parliament and other grounds
which may impair the fitness and propriety of a member to occupy such an office etc.
Shri P.P. Rao, Senior Advocate has opined that misconduct is generally understood to
mean dishonest, immoral and unethical behaviour which constitutes contempt of the
House inside or outside the House, but it is not easy to define misconduct
exhaustively. Shri Sushanto Roy, CEO, Media and Entertainment has stated that the
golden rule to follow is that when people in public life are in doubt whether a particular
action is consistent with the standards.
The arguments mentioned above from the report clearly highlights the
dilemmas that persist in the intellectual clout even to list to out what constitutes the
misconducts for parliament members and are agreeable to certain degree for the
rationale provided. The same report also highlights the General Ethical Principles and
certain identifiable misconducts.
General Ethical Principles
In carrying out their parliamentary and public duties, members shall observe
the following general ethical principles of conduct: (i) Accountability : Members are
accountable for their decisions and actions to public.44 (ii) Honesty : Members have a
duty to declare their private interest relating to their public duties and to take steps to
resolve any conflicts arising in a way that protects the public interest. (iii) Integrity :
Members should not place themselves under any financial or other obligation to
outside individuals or organizations that might influence them in performance of their
duties as members. (iv) Objectivity : Members, while carrying out their personal
duties, should make choices on merit. (v) Openness : Members should maintain as far
as possible openness in their decisions and they should be ready to stand scrutiny of
such decisions. (vi) Public Interest : Members should maintain and strengthen publics
trust and confidence in the institution of Parliament, by demonstrating the highest
standards of professional competence, efficiency and effectiveness, upholding the
Constitution and the laws of land and seeking to advance the public interest at all
times. (vii) Responsibility : Members should ensure that their decisions conform to the
principle of responsibility, that is, their decisions should not be reckless or negligent,
but reflect a proper consideration of all relevant matters including the reasonably
foreseeable consequences for those likely to be affected by them. (viii) Selflessness :
Members should always take decisions in public interests. Their decisions should not
be aimed at gaining financial or other material benefit for themselves, their family or
friends. (ix) Leadership : Members should support and promote these principles by
leadership and example.
Misconduct
Members shall not undertake any action that is unbecoming of members of
Parliament or which involves misuse or abuse of the powers, privileges, immunities,
rights or facilities enjoyed by them by virtue of being members or which involves
misuse or abuse of their status or position as members either in discharge of their
parliamentary duties or in discharge of their public duties or in their personal or
private life.
Ethics in the executive wing
In Indian governance system the executive wing has vital role as it is the organ
that looks into the enforcement of propositions of both the legislature and judiciary.
The political executive (belongs to the legislative community as well) and the
permanent civil servants lie at the apex of this functionary. But it is the civil servants
engaged and involved who guides the political executive in performing their functions
to their utmost capacities because its permanent nature. Also they are the ones who
hold the public offices and to a larger extent aware of both the issues of people and
resources available at hand to solve those issues. In purview of the responsibility,
power and authority that a civil servant holds, a proper and detailed code of ethics
should be developed for them mentioning about various do and donts in performing
their duties. It should clearly list various standards which are expected from a civil
servant.
In India, the current set 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. 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. [9] The Draft Public Services Bill, 2006 [10] (lapsed in the
parliament) gives the following Values of Public Service: The Public Service and the
Public Servants shall be guided and informed by the following values in the discharge
of their functions: (a) allegiance to the Constitution and the law, democracy,
nationalism, sovereignty, integrity of India and the security of the nation; (b) function
in an apolitical manner regardless of the political party in power; keeping the interests
of the nation in mind; (c) function with the objective that Public Service and Public
Servants are to serve as instruments of good governance and to provide services for the
betterment of the public at large and foster socioeconomic development; (d) act
objectively, impartially, honestly, equitably, diligently and in a fair and just manner;
(e) act with integrity and in a courteous and transparent manner; (f) establish high
standards, and ensure quality service, effective working and prompt decision making;
(g) be accountable for the decisions and the decision making process in the discharge
of functions; (h) enable effective management, professional growth and leadership
development in Public Services; (i) uphold the highest ethical standards; (j) establish
merit as the fundamental principle in employment, promotion and placements; (k)
recognize that the Public Service and Public Servants are required to discharge the
functions with due regard to the diversity of the Indian 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; (l) conduct
---------------------------------------------------------------------------------------------Ethics in Judiciary
The Code of Ethics expected of those in the judiciary goes beyond the call of duty of an
ordinary public servant. The people of India look up to the judiciary to administer
justice; justice that is fair; justice that is equal & even-handed; and justice that is
unpolluted. This expectation is of eternal value.- Y K Sabharwal (CJI)
Independence of the judiciary is inextricably linked with judicial ethics. An
independent judiciary enjoying public confidence is a basic necessity of the rule of law.
Any conduct on the part of a judge, which demonstrates a lack of integrity and dignity,
will undermine the trust reposed In the judiciary by the citizens. The conduct of a
judge should, therefore, always be above reproach. 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.[1]
a. Justice must not merely be done but it must also be seen to be done. The behaviour
and conduct of members of the higher judiciary must reaffirm the peoples faith in the
impartiality of the judiciary. Accordingly, any act of a Judge of the Supreme Court or
a High Court, whether in official or personal capacity, which erodes the credibility of
this perception has to be avoided.
b. A Judge should not contest the election to any office of a club, society or other
association;further he shall not hold such elective office except in a society or
association connected with the law.
c. Close association with individual members of the Bar, particularly those who practise
in the same court, shall be eschewed.
d.A Judge should not permit any member of his immediate family, such as a spouse, son,
daughter, son-in-law or daughter-in-law or any other close relative, if a member of
the Bar, to appear before him or even be associated in any manner with a cause to be
dealt with by him.
e. 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.
f. A Judge should practise a degree of aloofness consistent with the dignity of his office.
g. A Judge shall not hear and decide a matter in which a member of his family, a close
relation or a friend is concerned.
h. 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.
i. A Judge is expected to let his judgments speak for themselves. He shall not give
interviews to the media.
j. A Judge shall not accept gifts or hospitality except from his family, close relations and
friends.
k. 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.
l. A Judge shall not speculate in shares, stocks or the like.
m. A Judge should not engage directly or indirectly in trade or business, either by
himself or in association with any other person. (Publication of a legal treatise or any
activity in the nature of a hobby shall not be constructed as trade or business).
n. A Judge should not ask for, accept contributions or otherwise actively associate
himself with the raising of any fund for any purpose.
o. A Judge should not seek any financial benefit in the form of a perquisite or privilege
attached to his office unless it is clearly available. Any doubt in this behalf must be
got resolved and clarified through the Chief Justice.
p. Every Judge must, at all times, be conscious that he is under the public gaze and there
should be no act or omission by him which is unbecoming of the high office he
occupies and the public esteem in which that office is held.
These are only the Restatement of the Values of Judicial Life and are not meant to be
exhaustive but illustrative of what is expected of a Judge. The Restatement of Values of
Judicial Life is a comprehensive but not exhaustive code of ethics.
Instill Values
Both approaches should be pursued side by side because values are needed to
serve as guiding stars, and they exist in abundance in our society. But values without
institutional support (and punishment) will soon be weakened and dissipated. And
when we say both individual value system and institutional support are important for
sound governance it is even more crucial that they ride each other simultaneously. As
each individual has different values with respect to other it is quite possible that
individuals values lay contrary to that of the institution values and any such
dissonance shall lead to failing of the system.
Ethics thus should be the first line of defence against corruption. To make ethics
work in an organization it is important that there is synergy between vision statements,
mission statements, core values, general business principles and code of conduct
confers a variety of benefits. An effective ethics programme requires continual
reinforcement of strong values. Any corrections in this aspect shall put rest all
structural inconsistencies that prevail in the governance process in place with honest
efforts by all involved.
Conclusion
Ethics is exercised in the Indian governance process by specifying code of
conduct for the personal involved. But having them just in words and expressions is of
no use unless those are put in to practice, seen to their enforcement and punished
against their violations. Only by following ethics by one and all involved in the
governance process can bring maximum welfare to the people and society
at large.
References
1
Public Service Values and Ethics in Public Administration-Dr. Desh Raj Sirswal
http://www.sundaytimes.lk/100110/Columns/eco.html
http://fngovernance.org/publication_docs/Five_Pillars_CFNG.pdf
http://www.simplydecoded.com/2013/08/23/amendments-to-representation-ofpeople-act/
http://www.livemint.com/Politics/PQxOBEl2XaS1UoAFqzP0mO/BJP-reverses-standon-bringingparties-under-RTI.html?utm_source=copy
http://164.100.47.132/LssNew/Committees/final_Report2.pdf
http://arc.gov.in/10th/ARC_10thReport_Ch16.pdf
http://www.prsindia.org/uploads/media/vikas_doc/docs/1241499740~~DraftPublicSer
vicesBill2006.pdf