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Probity in Governance
Probity
• Probity is the evidence of ethical behaviour in a particular process.
• The term probity means integrity, uprightness and honesty.
• For Government employees and agencies, maintaining probity involves more
than simply avoiding corrupt or dishonest conduct.
• It involves applying public sector values such as impartiality, accountability
and transparency.
• Probity is also regarded as being incorruptible. However, probity goes further
than the avoidance of being dishonest because it is determined by intangibles
like personal and societal values.
• It is also regarded as strict adherence to a code of ethics based on undeviating
honesty, especially in commercial (monetary) matters and beyond legal
requirements.
Why Probity in Governance?

Probity
• Scandinavian economist-sociologist Gunnar Myrdal had described the Indian
society as “soft society”
• According to him soft society is one , which does not have the political will
to enact laws for progress and development and does not have the
political will to implement laws even when they are made and where there
is no discipline. According to him if there is no discipline no real or
meaningful development is possible. Corruption and indiscipline feed on
each other.
Principles of Probity
• (i) Accountability: It is a sense of responsibility towards one’s actions and
obligation to be able to explain the rationale for the decisions taken.
• (ii) Transparency: For the proper functioning of the administrative machinery it
is imperative that the process is transparent.
• (iii) Confidentiality: As a condition of employment, all public servants and
people involved in the project or a department which pertains to sensitive
information, must provide a formal undertaking.

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• (iv) Management of conflict of Interest: Conflict of interest arises when the

officials involved try to use the information they have or exploit their position of
authority for unfair advantage.
• (v) Leadership: Holders of public office should promote and support these
principles by leadership and set an example for others to follow.
Quality of Service Delivery
Service Quality:
• Customer expectation vs. customer perception (more the difference worse
the quality)
• Goods: It is possible to objectively inspect & improve them.
• Services: They lack physical form because of which it becomes difficult to find
measurable criteria to accurately assess quality.
Basic features of services:
(i) Service delivery involves two elements service outcome and service
experience
• Experience refers to the manner in which service was delivered.
• Outcome refers to result obtained.
(ii) Personal attributes of delivery personnel.
• . i.e. physical appearance, attitude, body language, competence
• (perspective of customers decides quality of service if outcome was satisfactory
but the conduct of the personnel may leave a negative opinion of service.)
(iii) Customer is an essential part of service delivery .i.e they need to be aware
about their role. They play are role by making a service request, assisting the service
provider with relevant information, providing complaints and suggestions.
• The quality of service is effected when the customers lack awareness
about their own role.
• Further customers from different background may have different expectation
about the service and have to be treated differently.
SERVQUAL
• It is a multidimensional research instrument, designed to capture consumer
expectation and perception.
• It identifies 5 criteria's, represented by the rater to assess SQ.
• (i) Reliability: Transparency and consistency.
• (ii) Assurance: Competence of service providers and affordability of service if
compared to an alternative provider.
• (iii) Tangibles: Physical validation of service standards and commitment in the
form of bills receipts and acknowledgment.
• (iv) Empathy: Presence of courtesy and an appropriate GRM.
• (v) Responsiveness: Delivery of service in a time bound and convenient
manner.
Problems
• (i) Citizens are treated as mere beneficiaries. Therefore the provider remains
accountable to the state but is not responsible to the citizens.
• The consumer is also the citizen therefore it is the consumer who provides the
legitimacy to the state and provides for finances by paying taxes.
• (ii) The state enjoys a position of dominance with citizens being viewed as
merely beneficiaries with little control over them as to what is delivered to

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them. Therefore public service by very nature is asymmetrical in terms of

information, power and participation. This happens because:
• (a) Public service are monopolistic and lack competition therefore the
provider does not have to entice customers.
• (b) Provider-customer relationship is complex and indirect.
• (iii) Public services are often difficult to access, low in technical quality
and lack an element of innovation. This makes them unresponsive to the
changing needs of the diverse society.
• (iv) Public services are often characterized by a lack of information
sharing.
Improving Service Quality
• (i) Establishing Service standards.
• (ii) Inculcate service orientation.
• (iii) GRM+ Whistleblowers protection.
• (iv) Availability of information.
• (v) Promoting citizen’s engagement
• (a) Providing Information.
• (b) Capacity Building.
• (c) Community mobalisation.
• (d) Redressal of grievances.
• (e) Institutionalisation.
• Challenges of Citizen’s Engagement
• (a) Resistance to reform.
• (b) Risk of collusion.
• (c) Vested Interests.
• (d) Lack of institutionalization.
Work Culture
• Common Understanding with respect to values, objectives and practices in
the organisation.
• It is informal and abstract and has strong influence on an individual’s
behavior.
• It can be defined as the system of individually and collectively accepted
meanings of work as understood by members of the organisation.
• Such an understanding help’s members realise what the organisation intends
to achieve and how should the members conduct themselves to help.
Features of Work Culture
• (i) It is inherently abstract in nature. It is the reflection of the mentality of the
employee as well as the character and environment of the organisation.
• (ii) It creates a sense of identity for the employees and so facilitates
commitment to something larger than individual self interest.
• (iii) It determines interpretation of laws, rules and regulation and regulates
the use of discretionary powers.
• (iv) A law can only define what is considered permitted/prohibited. However it is
the work culture determining the extent to which law is followed, ignored
or even violated. Especially when the discretion and delegation increases.
Assessment of work culture
• Strength of the work culture is determined by the extent to which employees
understand organisational purpose and their role in achieving it. In other

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words the extent to which they recognise which behaviour would be

considered desirable, punishable or avoidable.
• Quality of the work culture is determined by the extend to which it upholds
values of promoting public welfare.

A strong work culture has direct impact on the organisation:

• (a) It influences the behavior and attitude of the employees. It inculcates
within the individuals the core values of the organisation regardless of
individuals background or level in the hierarchy.
• (b) It acts as a substitute for formalisation. A degree of formalisation ensures
standardisation but also makes organisation rigid. A strong culture can
achieve similar uniformity but with more flexibility.
• A strong work culture does not necessarily means a positive work culture.
• If wrong values and limited understanding of the organisational purpose is
inculcated among members a strong work culture can severely damage
organisational functioning.
• It is extremely difficult to change or challenge a strong culture. This makes
it critical to ensure organisation creates, sustains and nurtures a strong and
positive work culture.

The Utilisation of Public Funds

The public fund is the public's financial resource that the state manages as a custodian.
The impact of how governments manage public funds on economic growth and citizen
well-being is referred to as public fund management. Managing public resources entails
determining how the government makes money (revenue) and how it spends money
(expenditure).
Principles of Public Fund Utilisation
Public resources should be used to the greatest extent possible for the benefit of the
general public. As a result, when managing public resources, public entities
(Government) should follow certain principles. The following principles should be
demonstrated by public entities when using public funds:
Legality- Government bodies must follow the law and fulfil their legal obligations. After
receiving approval from a competent authority, the public fund must be used.
Unauthorized spending will inevitably lead to excess and overspending. Furthermore,
funds must be used only for the purpose for which they were approved.
Accountability– Government bodies should be held accountable for the use of public
funds and should be able to provide complete and accurate accounts of their activities,
as well as have appropriate governance and management arrangements in place to
address any issues.
Transparency and openness are dependent on high reporting and disclosure
standards. This has two advantages:
 It demonstrates that a public resource is being used appropriately, fairly, and
effectively for the greatest public good.
 It boosts public confidence in the government.
Transparency ensures that authorities acted legally and in accordance with the law.
Transparency also ensures that the authority followed the overall principles of equity
and fairness and provided the best value for money to the end user. Some government
agencies operate in less-than-ideal circumstances, such as when there is no market for

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providers or when those that are available lack the necessary capability or capacity.
These conditions give government entities disproportionate discretion and power. In
such situations, transparency is required to ensure that actions are taken in good faith.
Value for money:
Public funds must be used effectively and efficiently, with no waste, and in a way that
maximises public benefit. All public expenditure must pass one fundamental test,
namely, Maximum Social Advantage. That is, by balancing social benefits and social
costs, the government should discover and maintain an optimal level of public
expenditure. Every dollar spent by a government must have the goal of maximising the
welfare of society as a whole. It is essential to ensure that public funds are not used to
benefit a specific group or segment of society. The goal is for everyone to be happy.
The value-for-money principle involves several aspects, such as:
 Striking a balance between effectiveness and efficiency
 Keeping the funding arrangement in place (where this is desirable)
 Demonstrating the public entity's competence.
 Sustainability of the funding relationship– When using public funds, a public
entity should consider the long-term effects of its funding decisions as well as
future funding needs.
Government bodies should ensure a fair and reasonable flow of funds for a cause while
not jeopardising long-term service delivery expectations. Consider the case of India's
fertiliser subsidy. A subsidy is given to each fertiliser manufacturer in order to ensure
their financial viability. This means that the most inefficient get rewarded for it. Such
funding arrangements are not long-term sustainable, but they are strategic for the
country. This creates a quandary in terms of public spending.
Fairness– Because of the public's trust in government, it has a fundamental obligation
to always act fairly and reasonably when using public funds. The actions of a public
entity should be transparent and unbiased. To be fair and reasonable, it is also
necessary to respect the nation's diversity while avoiding discrimination on the basis of
caste, community, religion, gender, or class, and to adequately protect the interests of
the poor, underprivileged, and weaker sections.
Integrity– Anyone in charge of public resources should do so with the highest level of
honesty. A government should have policies and procedures in place to support the
highest levels of integrity, such as a code of conduct, an ethics code, and a public
service code. Public servants should declare any personal interests that may affect, or
appear to affect, their impartiality in any aspect of their work when using public funds
ethically.
Some ethical issues related to the utilization of public funds
 The use of public funds for business bailouts.
 The amount of direct and indirect taxes levied.
 The use of public funds to promote the government.
 Public money is being used to run a loss-making PSU.
 Resource distribution across industries such as health, defence, and research.
 International aid when millions of Indians lack access to basic services such as
education, healthcare, safe drinking water, and electricity.
 Corruption in the use of government funds. Example- Using public funds for a
corporate bailout

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Is it ethical to use public funds to bail out large corporations that continue to pay
'vulgar' salaries to their top executives?
 Some businesses are simply "too big to fail." If they fail, the repercussions will be
felt not just in one sector but throughout the economy. In some cases, the
company may be providing a service that no other company can provide,
resulting in a monopoly (in the Indian context, we can see cases like DISCOMs,
which are loss-making but cannot fail).
 Furthermore, because large corporations employ a large number of people, the
government is under pressure from the public to bail them out. The global
economic slowdown, for example, can put private corporations in jeopardy
without any fault of their own.
 Bailouts, on the other hand, promote an inefficient culture and a distorted
reward-punishment incentive. The money used for bailouts could be put to better
use, such as in education or healthcare.
 Anticipated bailouts encourage moral hazard by allowing managers to take risks
in financial transactions that are higher than recommended. Companies also
argue that they pay high salaries to retain talent and that if they are not paid, any
future prospects of revival will be lost. It raises the issue of morality vs.
economics.
 There are no simple answers to such questions. When using public funds for
bailouts, the government must follow the principles of public fund usage to
ensure "maximum benefit for the maximum number.
Reasons for inefficient use of public funds
The inefficient use of public funds can be attributed to a variety of socio-political and
administrative factors.
Political reasons
 Political rivalry: Political rivalry can sometimes devolve into vendettas,
undermining the cooperation and collective efforts required for development.
 Irrational freebie distribution: Irrational freebie distribution and loan signing off
for electoral popularity puts a strain on the budgetary balance.
 Politicized protests: Repeated ill-intentioned protests and bandhs by any
political faction raise the costs incurred as a result of delays in public works
projects.
Administrative reasons
 Policy paralysis: One of the main causes of inefficiency in the use of public
funds is the government's or its various departments' and agencies' delays,
inaction, and inability to make policy decisions.
 Bureaucratic attitude: Officials' despotic and obstructionist attitudes,
particularly in higher echelons of the bureaucracy, can obstruct the
implementation of developmental activities.
 Inadequate political will: The Members of Parliament Local Area Development
Scheme (MPLADS) was recently suspended for two financial years due to
inefficiency and underutilization of funds.
 Red tape: Excessive regulation and the practice of requiring excessive
paperwork and time-consuming procedures prior to official action obstructs the
implementation of schemes and projects, thereby obstructing the effective use of
public funds.

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 Lack of public participation: Due to a high level of illiteracy and ignorance

about government policies and schemes, many citizens (particularly the poor)
were unable to demand payment from the government for their legitimate
financial obligations.
 Public watchdogs lack autonomy: For example, the Central Vigilance
Commission lacks the authority to make decisions because it is merely an
advisory body with no authority to file criminal charges against government
officials. Similarly, the CAG's limited jurisdiction and CIC's lack of autonomy
harmed the ability to report and check accountability for public finance
irregularities.
 Citizen charter non-implementation: Many public institutions have yet to adopt
a city charter, a tool of good governance that enables citizens to receive public
services as rights in a timely manner. Failure to adopt a city charter is a barrier
to the effective use of public funds.
Social reasons
 Corruption-related social apathy: In India, many people accept corruption as
the norm, so even those with ill-gotten wealth have the same status as the
honest wealthy. This is in contrast to some societies, such as Japan, where
social boycotts of corrupted people have been observed.
 Ineffective educational system: The educational system has failed to instill the
moral values of honesty and integrity in its citizens.
 Inequality: In Indian society, social and economic equality encourages people
to amass as much wealth as possible when given the chance. Corruption can be
seen in the use of public funds at the community level, such as in Panchayats.
 Lack of institutionalised social accounting: In the MNREGA scheme, the
process of communicating the social and environmental effects of government
actions and inactions to specific interest groups within society is not
institutionalised.
 Decentralization of power, closing legislative loopholes, strengthening public
institutions such as the CVC and RTI, increasing administrative accountability,
and making society more democratic are all necessary for the efficient use of
public funds. In the long run, these reforms may make society more sustainable.

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Code of conduct and code of ethics

On several occasions, the behaviour of civil servants may come under conflict with what is
required of them to ensure good governance and public welfare.
For instance, J&K cadre IAS Shah Faisal’s tweet on ‘rape culture in India’ came under
scrutiny in 2018. Because when a senior bureaucrat who is part of the governance machinery
himself criticises the government or its organs, it may significantly harm public trust in justice.
To prevent such instances from occurring, we have a code of conduct for civil servants, and
even for the things that are not mentioned in the Code of Conduct, civil servants are required to
abide by the well-established norms of ethics of the society.
In this chapter we will understand these concepts.

A Code of Conduct is a formal set of guidelines outlining the expected ethical behaviour,
responsibilities, and professional standards for individuals within an organization or profession.
Every profession has its own code of conduct which specifies how that profession must be
conducted. For example, the code of conduct for Chartered Accountants (CAs) in India is
established and regulated by the Institute of Chartered Accountants of India (ICAI), a statutory
body under the Chartered Accountants Act, 1949.
The code of conduct for civil servants consists of legally enforceable laws, rules, and
regulations which prescribe norms for their behaviour and conduct.
Most of the times code of conduct is legally binding, but sometimes, it is not. For example, the
Election Commission’s Model Code of Conduct (MCC) is not legally binding in the
strictest sense, but it holds quasi-legal authority.
In India, the legally legally enforceable codes of conduct include:
Article 309 to 311 in Part IV of the Constitution of India
Relevant sections of laws such as: Indian Penal Code covers ‘illegal gratification’(bribery),
‘criminal breach of trust by a public servant’, and the provision of imprisonment.
Prevention of Corruption Act
Official Secrets Act
Indian Evidence Act

Civil Services Conduct Rules 1964 and All India Services Conduct Rules 1968.

Central Civil Services (Conduct) Rules, 1964

Major Provisions are as follows:
 Maintain absolute integrity and devotion to duty;
 Commit himself to the constitution and democratic values;
 Defend and uphold the sovereignty and integrity of India, the security of the state,
public order, decency and morality;
 Promote the principles of merit, fairness and impartiality in the discharge of duties;
 Maintain accountability and transparency;
 Maintain responsiveness to the public, particularly to the weaker section;
 Take decisions solely in the public interest and use public resources efficiently,
effectively and economically;
 Declare any private interests relating to his public duties and take steps to resolve
Conflicts in a way that protects the public interest;
 Not place himself under any financial or other obligations to any individual or
Organisation which may influence him in the performance of his official duties;
 Not to misuse his position as a civil servant and not make decisions in order to derive
Financial or material benefits for himself, his family or his friends;

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 Maintain confidentiality in the performance of his official duties as required by any

Laws, particularly with regard to information that may affect the sovereignty and integrity
of India, the security of the state, etc.
 No government servant shall indulge in the act of sexual harassment of any woman
at the workplace. Every government servant shall take appropriate steps to prevent
sexual harassment of any woman in the workplace.
 No government servant shall be a member of/associated with any political party.

Role of Code of Conduct

 legality in actions and decisions: It helps ensure no illegal actions/decisions are
taken by any civil servants.
 Rationality in the actions/decisions: It ensures that general principles of objectivity
and rationality are followed and ensures that personal biases like
stereotypes/prejudices/emotions do not affect the decisions of civil servants.
 Ensure continuity and predictability: Civil servants are transferred regularly, but
public functions are not affected, and public services are made available as usual.
 Help control the menace of corruption and favouritism By ensuring transparency
and accountability in governance.
 Empowers citizens: Breach of the code of conduct can be reported by them.
 Protect honest civil servants: It helps civil servants defend their actions against ill-
guided complaints.
 Help ensure public welfare: It helps civil servants to do the right things in the right
ways
 Help civil servants defend actions taken in goodwill: It provides a strong prima facie
reason to act in a certain way. For instance, A senior IAS officer from Telangana
tweeted in support of Ms Bilkis Bano (Gujrat riots case), questioning the Gujarat
government’s decision, leading to a breach of the Central Civil Services (Conduct)
Rules of 1964.

Issues with Code of Conduct

 Outdated rules: Rules are old, complex, and not suitable for emerging challenges
such as the rise of social media, technological advancements, increased dynamism of
markets due to globalisation, etc.
 Vagueness: Some rules are vague, for instance, ‘maintaining absolute integrity’,
‘devotion to duty’ and ‘not engaging in any behaviour unbecoming of a civil
servant’.
 Restrictions on Fundamental freedoms: Some rules restrict fundamental freedoms
such as Freedom of expression. For instance, Restrictions on Political Affiliation,
Participation in political activities and criticisms of government policies oractions.
 Complex disciplinary proceedings: The process of disciplinary action is complex,
and there is undue delay in enquiry and action.
 Restrictive rules leading to Overregulation: Civil servants are required to report any
gifts exceeding Rs. 25,000 received from near relatives or personal friends.
 Challenges in Enforcement: While the rules outline penalties, including dismissal
from the service for a major breach. However, complaints with proper details are
necessary for action. Moreover, complaints need to be filed with proper channels, such
as the Central Vigilance Commission. This makes it quite challenging to enforce
these rules.

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Measures to address Challenges

 Proper Enforcement: Ensuring the efficient implementation of the Conduct Rules
requires streamlining and simplifying the complaint process and encouraging
transparency.
 Regular review and updates: This may help address emerging challenges and ensure
that the rules stay relevant.
 Increasing Awareness: Training programs and awareness campaigns can enhance
civil servants’ understanding of their roles, responsibilities and the consequences of
non-compliance.
 Participation of all stakeholders: Collaborative efforts between government bodies,
civil society, and the public can foster a culture of accountability and ethical conduct
among civil servants.

Conclusion
In order to make the code more effective, Renewal of the
existing code seeking to address new issues and challenges
should be a priority. The codes of conduct should be made
simple and clear to be easy to enforce. Another major challenge
for the code of conduct is that it should become an integral part
of everyday activities. The flexibility of the code is another
important feature. A comprehensive review and renewal will
ensure they fill the gap between what conduct civil servants
have and what they ought to have.

Codes of Ethics
“Rivers do not drink their waters themselves, nor do trees eat
their fruit, nor do the clouds eat the grains raised by them. The
wealth of the noble is used solely for the benefit of others”. – an
ancient subhashit (good message) quoted by 2nd ARC.
A code of ethics is primarily intended to serve as a general
framework for all administrative decisions, providing direction in
all decisions and judgements. Code of Ethics contains a
declaration of values for the civil services and is generally not
legally binding.

Draft Public Service Bill

A draft Public Service Bill 2007 by the Ministry of Personnel, Public Grievances and
Pensionslays down a number of values for civil servants. The salient ‘values’ envisaged in the
Bill are:
 Allegiance to the various ideals enshrined in the preamble to the Constitution
 Apolitical functioning
 Good governance for the betterment of the people is the primary goal of civil service.
 Duty to act objectively and impartially
 Accountability and transparency in decision-making
 Maintenance of the highest ethical standards
 Merit is the criteria in the selection of civil servants; however, with consideration of the
cultural, ethnic and other diversities of the nation.
 Ensuring economy and avoidance of wastage in expenditure

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 Provision of a healthy and congenial work environment

 Communication, consultation and cooperation in the performance of functions, i.e.
participation of all levels of personnel in management.

The draft Bill also provides for the Public Service Code and Public Service Management
Code, laying down specific duties and responsibilities. Violation of the Code would invite
punishments/penalties. A ‘Public Service Authority’ is also envisaged to oversee the
implementation of the Code and its values.
There is an urgent need to establish a code of ethics to clarify general values to be followed by
all civil servants as recommended by the Hota committee.

Role of Code of Ethics

 It helps to ensure that civil servants’ decisions and actions are in line with the values
and ethical principles that are important to secure the vision of a welfare nation of
our constitution.
 It helps civil servants make decisions in ambiguous situations where there is a lack
of a clear rule or code of conduct.
 A code of ethics empowers civil servants and enables them to make decisions or act
even without the constant supervision of their superiors.
 It can improve the quality of decision-making and make it easier for employees to be
autonomous.
 It helps foster trust and increase legitimacy for public officers in the eyes of the public.
This way, it becomes easier for public servants to make and implement difficult
decisions in public interests without public resistance.
 A clear code of ethics can provide guidance and support to civil servants in difficult
situations, help them make informed decisions, and encourage them to act ethically at
all times.
 It helps create a culture of transparency and accountability in governance. When it
is regularly enforced and reinforced, civil servants may become more motivated to act
ethically and responsibly.
 It helps resolve ethical dilemmas by providing a hierarchy of moral values and
recognising values that cannot be compromised at any cost. For instance, PCS officer
Rinku Rahee exposed an 83 crore scholarship scam during his services in
Mujjafarnagar. Eight people were charged in the case, and four were sentenced to 10
years of imprisonment. He later cleared UPSC CSE on his last attempt.

Difference Between Code of Ethics and Code of Conduct

The major difference between code of ethics and code of conduct is that code of ethics is a set
of morals by which a civil servant makes decisions about what is right or wrong, while code of
conduct is a set of rules and regulations that explain appropriate behaviour in specific
situations.
Code of Ethics Code of Conduct
It is a set of principles based on A code of conduct is a set of rules and
values/morals by which a civil servant makes regulations that explains appropriate
decisions on what is right and wrong. behaviours in different situations.
It is Morally binding. It is generally Legally binding.
Explains how decisions are made Dictates how employees must act
The focus is on building the virtuous Focuses on moulding behaviour and
character of civil servants procedural compliance by civil servants
Have a broader scope Have comparatively narrower scopes and
are specific

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It is derived from Indian Philosophy, It is derived from the practical necessity of

Mythology, and constitutional values. curbing corruption and the need for
transparency.
It is enforceable. It reflects ‘what is Desirable’.
For instance, Compassion, Objectivity, For instance, politically neutral behaviour,
Impartiality not criticizing government policies, not
accepting expensive gifts.

Relationship between Code of Ethics and Code of Conduct

 A code of conduct can be seen as the practical application of the code of ethics.
 In other words, the code of conduct explains what civil servants must do to implement
the code of ethics.
 The code of conduct are ‘Ends’, which need to be attained while ensuring the ‘means‘
provided in the Code of Ethics are used.
 A code of ethics is broad, giving civil servants a general idea of what types of principles
need to be followed while taking an action/decision. A code of conduct is more focused
and defines how civil servants should act in specific situations. Therefore, the code of
ethics bolsters the code of conduct.

Conclusion
Both Code of conduct and code of ethics are crucial in maintaining probity and public trust in
governance. Therefore, it is high time that we adopt comprehensive Code of Ethics civil
servants. Further, we need to adopt a Code of ethics for all other stakeholders of governance.
As it is only by the ethical conduct of all players that we can ensure probation in governance.

Corruption
 Definition: Corruption is commonly defined as "the abuse of public office for personal gain".
oIts expanded definition includes abuse of power and influence vested in a person as a result of
holding a political office, of holding an influential role in a corporation, of having personal wealth or
access to significant resources, or of having elevated social standing.
 Gains from Corruption: Gains include both financial (bribery) and non-financial (patronage, nepotism,
embezzlement, increase in position of power etc.).
Stakeholders Roles/Ethical Concerns
Public Officials  Hold positions of authority and can misuse power for personal gain.
 Personal enrichment by accepting bribes or embezzling public funds.
 Control over resources and unequal distribution of these resources.
Citizens  Restricted access to public services.
 Bribing for cutting through red tape or getting undue gains.
 Fostering corruption culture.
Civil Society  Anti-corruption advocacy.
 Demand for good governance and transparency.
 Embezzlements in international fundings of NGOs.
Judiciary  Upholding the law and ensuring justice.
 Maintaining judicial integrity.
 Selective application of law through intrusion of corruption.
Media  Exposing corruption and holding power to account.
 Promoting false narrative or misinformation to protect corrupt entities.

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Ethical Systems and Corruption

Ethical System Key Principle View on Corruption
Deontology An act is moral if there is a Going by the Kantian moral philosophy on which
universal sense of duty or this ethical system is built, corruption is seen as
obligation attached to it. an immoral or morally bad action because it goes
against the supreme moral principle and the
natural sense of duty
that goes with it.
Utilitarianism An agent performs a morally right Corruption has bad effects on society,
action if such an action will jeopardises the common good and inflicts pain
maximize good and minimize evil, on very large number of people.
in terms of the number of people
who benefit from that particular
action or the degree of pleasure
the particular action causes on
people.
Contractarianism Our actions are good as long as Corruption does not, in any way, promote social
they respect the right of others cohesion or the social contract that binds people
and maintain the cohesiveness of together, but rather threatens it.
the social contract on which
society is based.

Ethical Implications of Corruption

 Inequality: At its core, corruption creates unequal access to resources and opportunities. It leads to
preferential treatment of those who can afford to pay bribes or offer favors, thus violating the ethical
principle of justice, which demands fair treatment for all.
o John Rawls, in his theory of justice, argued that fairness should be the cornerstone of social
institutions.
 Breach of Trust: Public office holders have a fiduciary duty to act in the interest of the citizens,
which encourages trust in public institutions. Corruption erodes that public trust in institutions, which
is essential for the proper functioning of society.
 Conflict of Interest: Through corruption, individuals in positions of power prioritize their own benefits
over their duty to the public.
o Corruption adopts a consequentialist view, where individuals justify their actions based on the
personal gains they will derive, neglecting their ethical obligations.
 Harm to Social Justice: Corruption diminishes the quality of public services and harms the most
vulnerable sections of society. Funds meant for development projects, healthcare, or education are
siphoned off, depriving citizens of essential services.
 Undermining Integrity: When corruption becomes normalized, it can foster a culture where
dishonesty, bribery, and manipulation are accepted as part of the system.
 Moral Decay: Attitude of moral relativism weakens the ethical fabric of society, as individuals
rationalize corrupt actions based on circumstances rather than adhering to absolute ethical
standards.
 Undermining Rule of Law: When public officials are corrupt, the enforcement of laws becomes
selective or arbitrary. This can lead to a breakdown of legal systems, where laws are applied
inconsistently.
Second Administrative Reforms Commission on Combating Corruption
 Collusive Bribery: Prevention of Corruption Act should be amended to provide for a special offence
of collusive bribery, which is an offence whose outcome leads to a loss to the state, public or public
interest.
o Punishment for collusive bribery should be double that of other cases of bribery.

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 Sanctions for Prosecution: Prior sanction should not be necessary for prosecuting a public servant
who has been trapped red-handed or in cases of possessing assets disproportionate to the known
sources of income.
 Liability of Corrupt Public Servants to Pay Damages: Law should provide that public servants who
cause loss to the state or citizens by their corrupt acts should be made liable to make good the loss
caused and, in addition, be liable for damages.
 Speeding up Trials: A legal provision needs to be introduced fixing a time limit for various stages of
trial.
 Protection to Whistleblowers: Whistleblowers exposing false claims, fraud or corruption should be
protected by ensuring confidentiality and anonymity and given protection from victimization in career.
 Immunity to Legislators: Suitable amendments be effected to Article 105(2) of the Constitution to
provide that the immunity enjoyed by Members of Parliament does not cover corrupt acts committed
by them in connection with their duties in the House or otherwise.
o Similar amendments may be made in Article 194(2) in respect of members of state legislatures.
Measures for Combating Corruption suggested by Kautilya's Arthashastra
 Information Organization: There should be 'Information Organization', which should inform the
king about corruption in any department.
o Institutions such as Central Vigilance Commission, Lokpal, Lokayuktas etc. can be said to be
such information organizations.
 Regular Transfer: The public servants should be transferred continuously from one department to
another so that they should not get a chance to make corruption boldly in any new department.
 Supervision: Working procedure of the officers should be supervised regularly. For that purpose, a
special supervisory officer should be appointed.
 Public Disclosure: A corrupt person and his crime should be disclosed publicly so that no another
person would make a shameful deed.
 Strict Punishment: Kautilya suggested strict punishment, both material and corporal, to the corrupt.
It also suggested that supporter of corruption should be given similar punishment.

Conclusion
Corruption remains a significant challenge, undermining governance, social justice, and public trust.
Fostering a culture of transparency, integrity, and public participation is critical for reducing corruption
and promoting good governance.

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RTI
ACCOUNTABILITY AND TRANSPARENCY
Object behind the enactment of RTI Act, 2005
• Mal-administration, mismanagement, corruption and delays are some of the melodies
plaguing the public offices which a common person has to face in his daily life.
• With a view to curb corruption and mal-administration etc. in the public offices and to
promote transparency and accountability amongst the public officers, the Parliament
enacted a new legislation in the year 2005 namely, The Right To Information Act, 2005.
• Prior to the passage of the RTI Act, 2005 and because of the stringent provisions
contained in the Official Secrets Act, 1923, it was almost impossible for a citizen to
obtain any information regarding the official working and performance of a public officer
holding a public office.
• The RTI Act, 2005 not only promotes transparency and accountability amongst the
public servants regarding their performances in their public offices but also ensures
that the concept of rule of law is not subverted and foiled.
• This new legislation has brought about the sense of devotion towards duty and
tendency to adhere to the laws and norms amongst the public servants in discharge of
their official duties as they have been made to realize under this Act that any willful
breach of the laws, norms and the official duties on their part may invite punitive action
against them under the provisions of the RTI Act, 2005.

History of RTI Act

• First right to information law was enacted by Sweden in 1766.
• The idea of RTI Act in India was floated by the former Prime Minister of India, Shri.
V.P. Singh in 1990.
• The first grassroot campaign for the introduction of RTI was started by Mazdoor
Kisan Shakti Sangathan (MKSS) in 1994.
• National Campaign for People’s RTI – Formed in 1996; formulated initial draft of RTI
law for the Government.
• Tamil Nadu became the first Indian State to pass RTI law in 1997.
• Freedom of Information (FOI) Act, 2002 passed by Parliament, could not be
implemented.
• Bill for the present RTI Act, 2005 was passed on the recommendations of National
Advisory Council (NAC) in May 2005, and RTI Act, 2005 became effective from
October 12, 2005.

Features
• “Public authority” means any authority or body or institution of self-government
established or constituted,—
(a) by or under the Constitution;
(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government,
• “Right to information” means the right to information accessible under this Act
which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, records;

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(ii) taking notes, extracts, or certified copies of documents or records;

(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or
in any other electronic mode or through printouts where such information is
stored in a computer or in any other device;

Disposal of request
• as expeditiously as possible, and in any case within thirty days of the receipt of the
request, either provide the information on payment of such fee as may be prescribed or
reject the request for any of the reasons specified.
• Provided that where the information sought for concerns the life or liberty of a person,
the same shall be provided within forty- eight hours of the receipt of the request.
• Where a request has been rejected under sub- section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be shall
communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the appellate authority.

Exemption from disclosure of information

• Sovereignty and integrity of India, the security, strategic, scientific or economic
interests of the State, relation with foreign State or lead to incitement of an offence.
• forbidden to be published by any court of law or tribunal or the disclosure of which
may constitute contempt of court.
• would cause a breach of privilege of Parliament or the State Legislature;
• information including commercial confidence, trade secrets or intellectual property,
• information received in confidence from foreign government
• information, the disclosure of which would endanger the life or physical safety of any
person or identify the source of information or assistance given in confidence for law
enforcement or security purposes.
• information which would impede the process of investigation or apprehension or
prosecution of offenders;
• cabinet papers information which relates to personal information the disclosure of
which has not relationship to any public activity or interest

Constitution of Central Information

Commission
• The Central Information Commission shall consist of—
• (a) the Chief Information Commissioner, and
• (b) such number of Central Information Commissioners not exceeding ten as may
be deemed necessary.
• The Chief Information Commissioner and Information Commissioners shall be
appointed by the President on the recommendation of a committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
(iv) The Chief Information Commissioner and Information Commissioners shall be
persons of eminence in public life with wide knowledge and experience in law,
science and technology, social service, management, journalism, mass media or

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administration and governance.

Amendments include (Service Conditions):

(v) The Centre shall have the powers to set the salaries and service conditions
of Information Commissioners at central as well as state levels.
(vi) Term of the central Chief Information Commissioner and Information
Commissioners: appointment will be “for such term as may be prescribed by
the Central Government”.
(vii) While the original Act prescribes salaries, allowances and other terms of service
of the state Chief Information Commissioner as “the same as that of an Election
Commissioner”, and the salaries and other terms of service of the State
Information Commissioners as “the same as that of the Chief Secretary to the
State Government”, the amendment proposes that these “shall be such as
may be prescribed by the Central Government”.

Removal of Chief Information Commissioner or Information

Commissioner
(viii) Chief Information Commissioner or any Information Commissioner shall be
removed from his office only by order of the President on the ground of proved
misbehaviour or incapacity after the Supreme Court, on a reference made to it by
the President, has, on inquiry, reported that the Chief Information Commissioner
or any Information Commissioner, as the case may be, ought on such ground be
removed.

What are the challenges with the Right to Information Act?

1. Misuse of the Act- Sometimes the different types of information sought has no public
interest and has been used to misuse the law and harass the public authorities. For ex-
Attainment of publicity by filing RTI and a vindictive tool to harass or pressurize the public
authority.
2. RTI vs Official Secrets- There are certain Govt functions which demand a veil of secrecy
for protection of national interest and maintenance of public order. For ex- Demand of
Right to information about Rafael Aircraft procurement, which could have led to the public
availability of information about its specifications. This could be utilised by hostile
neighbours to counter the advantages.
3. RTI vs Right to Privacy- RTI and the right to privacy conflicting to each other in certain
cases. This conflict has been used to draft certain contentious legislations and schemes.
For ex- Govt defence of the denial of information in the electoral bonds scheme on the
grounds of protection of donor’s privacy.
4. Low awareness level- Awareness level about this right is low, especially among the
disadvantaged communities such as women rural population, OBC/SC/ST population.
5. Executive’s apathy- The right has been subjected to executive’s apathy in recent times.
For ex- The RTI Amendment Act 2019, which downgraded the powers and position of the
CICs and ICs.
6. Non- application on Political Parties- The right cannot be exercised to seek information
from the political parties. Political parties are the pillars of Indian democracy. The non-
application of the RTI on political parties pose a grave threat to Indian democratic setup.
7. Bureaucratic Control- Most Information Commissioners are retired bureaucrats who
resist sharing power with citizens. They treat their roles as post-retirement benefits.

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8. Low Case Disposal Rate- High Court judges dispose of over 2,500 cases per year, but
RTI commissioners clear fewer cases. They should ideally handle over 5,000 cases
annually.
9. Long Delays- The RTI Act mandates 30 days to provide information, but commissions
have no time limit, leading to backlogs over a year.
10. Weak Enforcement- Commissioners rarely use penalties against officials who deny
information.

Functional Issues: As per 2023-24 report of the Satark Nagrik Sangathan.

Defunct ICs and vacancies: 7 out of 29 information commissions were defunct between July 2023 to
June 2024.
9 commissions were without a chief information commissioner.
Inordinate delays: 14 commissions would take 1 year or more to dispose a matter.
Backlogs: Over 4 lakh appeals and complaints are pending across 29 information commissions across
India (June 2024).
Also, 42% of the appeals/complaints received by the CIC were returned.
Skewed gender composition: Since the passage of the RTI Act in 2005, merely 9% of all information
commissioners across the country have been women.

Structural Issues:
Exemptions: RTI laws often include exemptions for certain types of information, such as national
security or personal privacy which are open to interpretation.
Authorities lying outside 'Public Authority' definition: For instance, PM CARES Fund is not a "public
authority" under RTI Act, 2005.
Dilution through amendments: For instance, RTI (Amendment) Act, 2019 may impact the independent
functioning of ICs.

Procedural Issues:
Bureaucratic Resistance: Public officials may be reluctant to disclose information that could expose
wrongdoing, inefficiency, or corruption within their own departments.
Non-Compliance: Political parties haven't appointed information officers, Act stating they are not public
authorities.
Lack of Awareness and Education: It can lead to underutilization of RTI.
Other issues: Lack of protection of RTI activists; Inadequate training of PIOs; COntradition with Official
Secrets Act, 1923 etc.

What should be the way forward?

1. Re-affirmation of the right to information as a cardinal virtue of democracy- The SC through its
verdicts, like in the case of electoral bonds, must re-affirm the right of information as a cardinal
virtue of democracy.
2. Making the information available in local languages- The information associated with the RTI
Act and its functioning must be made available in the local language, considering the diverse nature
of our country.
3. Education about the right- Education about the right to know should be made mandatory at the
school level in our new education policy to develop a sense of responsibility and vigilant citizenship
in the forthcoming generation.
4. Making RTI applicable on Political parties- The parliament must bring the Political parties under
the ambit of RTI to ensure proper functioning of the Great Indian democracy.
5. Code of Conduct- A code of conduct must be evolved for the Central and State Information
Commissioners. It is imperative for the commissioners to keep a strict distance from government
heads and officialdom.
The Supreme Court’s guidelines in DDA vs Skipper Construction (P) Ltd should be followed in letter and
spirit. The SC ruled that (a) High Courts must resist the temptation to exercise their writ jurisdiction in

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order to correct errors made by the SICs/CICs; (b) If the High Court quashes a CIC/SIC order, it must
categorically find that the order was without jurisdiction or palpably erroneous.

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