Code of Conduct

  1. Sensitization Workshops: Conduct regular workshops to sensitize civil servants about the challenges faced by marginalized communities, fostering empathy and understanding.
  2. Inclusive Training: Integrate modules on social justice and diversity into civil service training programs, emphasizing compassionate service delivery.
  3. Community Engagement: Encourage civil servants to engage with marginalized communities through outreach programs and volunteer initiatives, promoting empathy and connection.
  4. Recognition Programs: Establish awards or incentives to recognize civil servants who demonstrate compassion and dedication to serving the needs of vulnerable populations, encouraging a culture of empathy within the civil service.

Ambedkar defined constitutional morality as:

  • Reverence for constitutional processes: Adherence to legal authority within constitutional limits, coupled with space for dissent and debate.
  • Ethical governance principles: Justice, liberty, equality, and fraternity—as outlined in the Preamble—constitute a moral compass for public servants.
  • Institutionalized fairness: Preventing personal discretion from overshadowing constitutional intent.

Role of Constitutional Morality in Public Service:

Ethical Guidance in Public Service

Example

Adherence to Rule of law and procedures; tolerance for dissent

  • Governor’s role in Maharashtra (2019) criticized for bypassing floor test protocol

Upholding Preamble values in policymaking and service delivery

  • Sabarimala Case: Kerala administration ensured compliance with SC ruling on gender rights
  • IAS Arma Anand (Bihar) intervened to stop child marriage despite resistance from families

Minimize discretionary and arbitrary decision-making

  • Civil Services Rules: Codified conduct limits arbitrary action by officers

Ensure public accountability; act without political bias

  • CVC oversight, RTI implementation, Lokpal institution to curb corruption
  • IAS T.N. Chaturvedi (former CAG) submitted the Bofors scam report without bowing to pressure.

Protection of Fundamental Rights, especially marginalized communities

  • Manual scavenging prohibition

Social Justice & Inclusive Governance

  • Reservation in jobs, Aspirational Districts Programme, SC/ST welfare schemes

Challenges in Practice

  1. Political misuse of institutions undermines neutrality (e.g., selective CBI/ED raids).
  2. Frequent transfer of honest officers (eg. IAS Ashok Khemka) dilutes administrative accountability.
  3. Ordinance route and governor discretion often sidestep democratic debate.

After decolonization, bureaucracies in many newly independent nations were empowered to tackle various challenges. However, they have often failed to deliver expected public services efficiently.

Bureaucracy Should HaveWhat It Actually Delivers
Dedication to Public ServicePrioritizes adherence to rules and regulations over public needs
Efficiency and EffectivenessBureaucratic red tape slows down processes and hinders effectiveness
Transparency & AccountabilityCorruption and misuse of power
Fairness and ImpartialityInstances of favoritism , and Partisanship
Agent of change Resistance to change stifles innovation and adaptation
Public TrustPerceived arrogance erodes trust and confidence in government institutions
Accessibility Lack of accessibility, and Apathy towards  citizen needs
ResponsivenessUnresponsive to public demands. Regards itself as the self appointed guardian and interpreter of public interest 

Reasons Behind this Behavior:

  1. Colonial legacy of unchallenged authority and propensity to exercise power arbitrarily.
  2. Weberian Limitations: 
    1. Overemphasis on Procedure: Strict adherence to rules can cause inefficiencies and delays in service delivery.
    2. Hierarchy and Centralization: Centralized decision-making limits responsiveness to local needs and fosters inflexibility.
  3. Accountability Gaps: Weak mechanisms for holding bureaucrats accountable allow misconduct and corruption to go unchecked.
  4. Resistance to Change: Bureaucratic systems resist innovation and prefer maintaining the status quo.
  5. Inadequate Training: Insufficient training hampers bureaucrats’ ability to address public concerns effectively.
  6. Political Interference: Bureaucrats may succumb to political pressure, prioritizing political agendas over the public interest.
  7. Enormous asymmetry of power in our society:  reduces societal pressure to conform to ethical behaviour and makes it easy to indulge in corruption

Measures to Address Bureaucratic Neglect of Public Interest:

  1. Empowering citizens to hold authorities accountable : Right to Information, effective citizens’ charters,, stake-holders’ involvement in delivery of public services, social auditing etc
  2. Early adoption of draft “Public Service Bill” of  2007  : it includes provisions for a public service code and a public service management code.
  3. Proper implementation and awareness of progressive legislation such as the Rajasthan Guaranteed Delivery of Public Services Act 2011, Right to Hearing Act 2012, Sampark Portal, etc.
  4. Streamline Bureaucratic Procedures:  adoption of ‘single window’ approach, minimizing hierarchical tiers, stipulating time limits for disposal, use of IT to improve governance etc.
  5. Enhance Accountability: 2nd ARC recommended that
    1. Reducing Discretion : Decision-making on important matters should be assigned to a committee rather than individuals.
    2. Article 311 provides civil servants with job security and protections against arbitrary dismissal. However, these rights should be subordinate to public interest and state authority. Therefore, Article 311 may be unnecessary, and legislation under Article 309 could suffice. 
    3. Reforming the Civil Services : a robust system of performance audit to periodically monitor and objectively evaluate the performance of officers
  6. 2nd ARC Recommended :
    1. promote a culture of zero-tolerance of corruption.
    2. Ministers must uphold the political impartiality of the Civil Service

Dunham asserts, “If our civilization fails, it will be mainly because of administration.” Therefore, what is needed is not to condemn it but to guard against its characteristic defects and subject it to effective criticism. It has to be made accountable, responsive, efficient, effective, open, transparent, and people and development-oriented.

Integrity is strict adherence to moral principles irrespective of place, time, and context. 

Reasons for falling integrity in administration:

  1. Historical Context: Colonial legacy fosters opacity, red tape, and favoritism.
  2. Environmental Factors: Urbanization and materialism erode moral values, pushing officials toward corruption.
  3. Economic Pressures: Low salaries and high living costs drive civil servants to engage in corrupt practices.
  4. Weak Public Opinion: Apathy and bribery preference perpetuate corruption, undermining societal norms.
  5. Cumbersome Procedures: Complex government processes create opportunities for bribery, termed “Speedy money.”
  6. Strength of Established Interests: Honest officials struggle against entrenched corruption, often opting to join the system.
  7. Inadequate Legal Framework: Outdated laws and weak penalties fail to deter corrupt behavior effectively.
  8. Lack of Punitive Fear: Protections under Article 311 hinder disciplinary action against corrupt officials.
  9. Collusion with Business Interests: Business entities bribe officials for favors, perpetuating corruption.
  10. Influence of Pressure Groups: Unethical pressure groups manipulate government decisions, exacerbating corruption.
  11. Lack of code of Ethics: We have code of conduct but we don’t have code of ethics to enhances values among civil servants

Measures to Address the Decline in Integrity: 

  1. Improving Service Conditions: Enhance salaries and benefits to reduce the economic pressures that lead to corruption .
  2. Simplifying Procedures: Streamline and digitize government processes to minimize opportunities for corruption and increase transparency .
  3. Cutting down on discretionary power and minimizing direct contact between citizen customer and service provider to reduce rent seeking opportunities.Eg. Faceless tax assessment
  4. Strengthening Public Opinion: Encourage public reporting of corrupt practices and foster a culture of zero tolerance towards corruption .
  5. High Standards for Top Officials: Ensure that top officials adhere to stringent ethical standards, setting a positive example for others .
  6. 2nd ARC Recommendations 
    1. Regarding Prevention of Corruption Act, 1988: Eliminating prior sanction for prosecuting red-handedly trapped public servants, Imposing liability on corrupt public servants to pay damages, Setting time limits for various trial stages in corruption cases.
    2. Lokpal and Lokayukta offices should be strengthened and ombudsman offices should be established at the local level.
    3. Code of Ethics for Civil Servants , constitute an Office of ‘Ethics Commissioner’ by each House of Parliament, new law on ‘Serious Economic Offences’ 
    4. Abolish Article 311 and frame comprehensive legislation under Article 309 to cover all aspects.
    5. ‘False Claims Act‘ should be implemented like America. Under which citizens and social groups can take action against the government if found guilty of fraud or violation of the moral code.
    6. Strengthening social infrastructure : inviting civil societies to oversee government programs, using public hearings to audit government activities, holding integrity workshops, and implementing a Citizen Charter to ensure transparency and accountability.
  7. Effective use of transparency and accountability tools: Right to information act 2005,  social audits, e-governance and adequate protection to whistle-blowers.
  8. Strengthening established Institutional framework: Civil services conduct rules, 1964 & it’s implementation; The Lokpal and Lokayuktas Act, 2013; The Prevention of Corruption Act, 1988; CVC; CBI; ED
  9. Steps taken 
    1. Mission Karmyogi- The National Programme For Civil Services Capacity Building
    2. Introduction Of Ethics At Entry level exams (UPSC and RPSC)

 Implementing these measures can restore integrity and ethical standards within civil services, ensuring better governance and public trust.

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