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1. How is Code of Ethics different from Code of Conduct? Explain. Is there a need of Code of Ethics for civil servants in India? Examine.                                                                                                                                           15 marks (250 words)

Approach

The question demands good clarity regarding Code of Conduct and Code of Ethics. In the first part, we differentiate between the two. And in the second part we need to explain how Code of Conduct is not sufficient for civil services, and also how code of ethics is essential. Obviously, it is essential to substantiate our answer with good example and facts.

From Paper 1

We can bring in some of the international best practices here. Also, quotes and key words from paper 1 are however mandatory.

Introduction

While the Code of Conduct rules are aimed towards bringing efficiency and effectiveness in the organisation, the Code of Ethics is concerned with the organization’s conscience and morale.

 Such and other differences between these two codes have prompted many committees like the Hota committee, Administrative Reforms committee, etc, to recommend the Code of Ethics for civil services in India. 

Body

Code of Conduct and Code of Ethics are different in following ways;

Ex: Code of Ethics (of Trinidad and Tobago) says a person (to whom the Code refers to) should be honest, sincere, shouldn’t have any private interests etc, in his/her official dealings.

But Code of conduct, will be provide in detail, like, to understand the scope of statutory and assigned authority and do not act beyond this scope. And the statutory authority will be defined with utmost precision in the code. 

However, the Code of Conduct is tangible and a person can be punished for its violation. Ex: Considering a code of conduct like, to ensure that any decision involving conflict of interest is carefully documented. Here, any undocumented decision is amenable to disciplinary actions.

Ex: Code of Conduct mentions the following ‘acts’ to be illegal and they attract punishments Viz, secret commissions, inappropriate gifts, acts of slander and libel, nepotism, employee discrimination and harassment, criminal acts, etc.

However, Code of Ethics goes beyond the ‘acts’ of an individual; and it expects to change one’s mindset and the intent that prompt these actions Viz, (Code of ethics in UN resolution 58/4 mentions) to maintain a position of objectivity and impartiality, to treat everyone compassionately, etc.

Further, Code of Ethics is necessary for the civil servants because;

Conclusion

Thus, it is doubtless that, Code of Ethics is essential for civil servants. But it should not be brought to pressurize them, rather to inspire, motivate and actualize them. As said by Shanthanam Committee “values like integrity and empathy for the poor cannot be imbibed, it should be cultivated from within”.

2. There is a need for strong Staff Associations in civil service. Comment in the light of physical assaults on civil servants that are increasing nowadays.

                                                                                                         10 marks (150 words) 

Approach

Question asks why, the Civil Service Associations have to be more powerful and vociferous. And why, they should be provided with more rights and powers. Again, we need to explain with good facts and examples.

From Paper 1

 We can bring in good example from the civil services of other nations of the world. Quotes and keywords from paper 1 are anyway essential.

Introduction

It happened in the National Capital territory of Delhi last year that, the Chief Secretary of Delhi was assaulted by one of the MLAs of the ruling party in Delhi. However, it is disheartening to know that after a few days of condemnation, protests, blockades and other din and furies. Neither was justice ensured to the Chief Secretary, nor was any punishment meted out to the culprit.

Body

It is in this backdrop that the need for a strong Civil Servants association is worth discussing here;

Staff association is very much essential for the Civil Servants because;

And the civil servants are unable to stand against them on alone, as their postings, promotions; Annual Confidential Reports and everything is controlled by their political masters.

Also, due to the above reasons, the protection under Article (312), CATs, SATs, and other grievance redressal mechanisms fail to protect Civil Servants.

Abhay Kumar a former civil servant mentioned this in his 37 pages resignation letter.

However a collective voice in the form of strong associations can be an anti-dote to these mishaps;

Conclusion

Hence, a vociferous, formal, united and a responsive Staff Association is very much essential for the safety and security of Civil Servants in India. This, along with the political marauding, can also stop frequent transfers, punishment postings, nepotism, favouritism and other menaces in the Civil Services.

It is heartening to learn that, there are IAS, IPS, IRS and other officers’ Associations currently in India. However, providing formal recognition to them; and stipulating their Articles of Association with vision, mission, rights and duties, is where the clock ticks on.

 

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