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GS Paper: GS4-07.Public/Civil Service Values and Ethics in Public Administration

  • The soul of the new law, Bharatiya Nyaya Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system.

    While the colonial IPC was designed by the British to “rule and punish”, the BNS is based on Indian ethos of Dharma and Nyaya to “serve and provide justice” to citizens.

    Soul of BNS

    Justice (Nyaya)

    Victim Centrality- For the first time, the victim has a say in the withdrawal of cases.

    Justice for vulnerable groups. Eg- Stringent punishment for rape and child abuse

    Mandatory timelines for filing charge sheets and delivering judgments to prevent “justice delayed is justice denied.”

    Equality (Samata)

    Providing equal protection of law. Eg- Section 103(2) penalizes Mob Lynching

    Gender Inclusivity- expands the definition of “gender” to include transgender individuals

    Gender equality. Eg- Uniform Age of Consent

    Impartiality (Nishpakshta)

    Digitization of Evidence- Eg-Mandating videography of search and seizure operations

    Zero FIR- Allows a citizen to file a complaint at any police station regardless of jurisdiction

    Scientific Investigation- Shifts the focus from “police testimony” to “forensic truth.”

    Accountability of Public Servants- Eg- “deemed sanction” if the government fails to respond to a request within 120 days.

    Shift from Doctrine of Punishment to Justice

    From Ruler’s Law to Citizen’s Law- IPC was for the British to rule India, BNS is for Indians to govern themselves.

    Restorative Punishment- Section 4(f) introduces Community Service for the first time.

    In the BNS structure, “Offenses against the Human Body” are moved to the beginning of the code, signaling that human life is more valuable than property rights.

    Focus on liberty and privacy – Eg- Deletion of Adultery (Section 497 IPC) and Section 377

    Proportionality – Punishment calibrated to gravity of offence. Eg- Reduced punishment scales for minor offences

    Victim-centric justice – Eg- Expanded victim compensation framework under section 396

    Removing colonial laws. Eg- Repeal of Sedition

    Procedural fairness – Emphasis on due process and natural justice.

    Simplification- Reducing 511 sections to 358.

    Protection of dignity – Eg- Redefinition of sexual offences in gender-neutral and victim-protective language.

    Moral Healing (Prayaschit)- upholds Indian ethos of atonement rather than eternal stigmatization of the offender.

    Balance between deterrence and justice – Eg- Death penalty retained only for rarest of rare offences

    This reorientation strengthens the ethical legitimacy and effectiveness of India’s criminal justice system.

  • “It is not enough to talk about peace, one must believe in it; and it is not enough to believe in it, one must act upon it.” In the present context, the major weapon industries of the developed nations are adversely influencing continuation of number of wars for their own self-interest, all around the world. What are the ethical considerations of the powerful nations in today’s international arena to stop continuation of ongoing conflicts?

    “Wars begin where ethics ends.”

    In today’s world, conflicts persist not only because of political disputes but also due to powerful economic interests, especially the global arms industry.

    Role of major weapon industries in continuation of wars

    Profit motive – Eg- Surge in global arms sales after Ukraine war.

    Wars act as “testing grounds”

    Lobbying in foreign policy. Eg- Military-industrial complex in the US.

    Arms exports to conflict zones – Eg- Saudi Arabia as larget defence importer

    Proxy wars – Eg- supply of arms to terrorist organisations

    Economic dependence – Jobs and revenue from defence industry.

    Capitalising on security dilemma.

    Ethical considerations for powerful nations to stop ongoing conflicts

    Deontology over Utilitarianism by prioritizing duty to protect human life over GDP growth. Eg- Restrict arms to regimes violating human rights.

    Ethical assessment of short and long term damage of war. Eg- over 1.4 million Russian deaths in Ukraine war

    Responsibility to prevent harm – Eg- Arms embargoes in active war zones.

    Non-complicity principle to avoid moral responsibility for atrocities. Eg- Stopping arms to Saudi Arabia during Yemen war.

    Adherence to ethical standards of the Arms Trade treaty

    Addressing Strategic Hypocrisy- Eg- advocating for a “Rules-Based Order” while signing multi-billion dollar arms deals.

    Support for peace processes – Eg- UN-led peace talks.

    Transparency and accountability – Eg- Parliamentary approval for arms sales.

    Disarmament leadership. Eg- Nuclear disarmament treaties.

    Ethical foreign policy – Values-based diplomacy over realpolitik.

    Corporate responsibility – Eg- Arms export compliance laws.

    Transitioning to “Peace Economies”. Eg- Investing in Green Technology as alternatives to defense manufacturing

    Real peace requires a “Moral Disinvestment” from war. This can be achieved by taming “Will to Power” of the defense industry by “rationality” and “moral duty” of the state.

  • Q1 (b)“Constitutional morality is not a natural sentiment but a product of civil education and adherence of the rule of law.” Examine the significance of constitutional morality for public servant highlighting the role in promoting good governance and ensuring accountability in public administration.

    Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy.

    George Grote, in his History of Greece, described constitutional morality as a “rare and difficult sentiment” involving

    Paramount reverence for forms and procedures of the Constitution.

    Adherence to law while enabling open criticism of authority.

    Need for public reason, self-restraint, and trust in institutions.

    Significance in Promoting Good Governance

    Promoting Transparency – Open processes and access to information. Eg – The “Jan Soochna Portal” in Rajasthan

    Ensuring Responsiveness – CM treats the “Right to be Heard” as a fundamental right. Eg – grievance redressal through CPGRAMS

    Enhancing Effectiveness – Decisions aligned with public interest. Eg- DBT via JAM trinity

    Fostering Participation – Inclusion of stakeholders in decisions. Eg- The Nagaland “Communitisation” of Public Services

    Equity and inclusiveness – Fair distribution of resources and opportunities. Eg- Forest Rights Act

    Consensus orientation – Mediation and dialogue over coercion. Eg- The GST Council

    Strategic vision – Long-term constitutional goals guide policy. Eg- Sustainable development.

    Rule of Law – CM ensures that the law is applied impartially, preventing “Rule by Law.” Eg- Enforcement of the Model Code of Conduct (MCC)

    Role in ensuring accountability

    Legal accountability – Eg- Strictly following the D.K. Basu guidelines to prevent custodial torture.

    Political accountability – Responsiveness to elected representatives within limits. Eg- Parliamentary questions.

    Social accountability – Eg- MGNREGA Social Audits in Andhra Pradesh.

    Financial accountability – Prudent and transparent use of public funds. Eg- Audit of the 2G Spectrum and Coal Block Allocations.

    Professional and Administrative Accountability – CM ensures that the “Steel Frame” maintains institutional integrity. Eg- T. N. Seshan as CEC

    Future accountability – promotes “Intergenerational Equity.” Eg- EIA norms

    Moral Accountability – CM prevents the “Banalization of Evil,” where officers claim they were “just following orders.” Eg- Whistleblowing in the Vyapam Scam.

    Procedural accountability – Following due process and natural justice.

    Challenges

    Conflict with Social Morality- Eg- sabrimala

    Political Populism

    Legacy of Colonial Laws- Eg- Official Secrets Act

    Bureaucratic Inertia- A “Status Quo” mindset

    Lack of Incentives- Eg- “Yes-men” culture

    Weak Civil Education

    The “Neutrality vs. Commitment” Dilemma

    Constitutional morality serves as the “North Star,” ensuring that the ship of the state remains anchored in the values of human dignity and social justice.

    Applied Ethics

  • Q2 (a)Carl von Clausewitz once said, “War is a diplomacy by other means.” Critically analyse the above statement in the present context of contemporary geo-political conflict.

    In his seminal work On War, Carl von Clausewitz suggests that war is not an end in itself but a rational instrument of statecraft used to achieve political goals when traditional diplomatic dialogue fails.

    War is diplomacy by other means

    Force used to extract political concessions. Eg-Russia’s invasion of Ukraine to block NATO expansion.

    War alters facts on ground to strengthen bargaining position. Eg-Control of Crimea and Donbas.

    Power signalling to deters rivals. Eg-China’s military exercises near Taiwan.

    War reshapes diplomatic alignments. Eg-Pakistan-China ‘all weather friendship’ after 1962 and 1965 wars

    Resource diplomacy -Control over energy and minerals via force.

    Negotiation through attrition -Prolonged fighting forces compromise. Eg-US withdrawl from Afghanistan

    Policy of ‘bait and bloodletting’. Eg- US support to Ukraine to weaken Russia

    Peace enforcement. Eg-NATO intervention in Kosovo.

    War is used as a tool for regime change. Eg- US intervention in Iraq

    Counter-argument- War is not diplomacy but its failure

    Humanitarian catastrophe violates utilitarian principle of ‘greatest happiness’. Eg- over 1.4 million Russian deaths in Ukraine war

    Rise of Non-State Actors- Groups like ISIS-K dont pursue war for diplomatic aims but for ideological and religious aims.

    War used to consolidate domestic political legitimacy rather than national interest. Eg-Wartime nationalism in Pakistan.

    Due to ‘complex interdependence’ war as a diplomatic means is not a rational choice. Eg- US-China relations

    War leads to breakdown of diplomatic negotiations channels for peaceful resolution. Eg- Security Council paralysis.

    While diplomacy is based on reason war is based on passion.

    The acute security dilemma and zero-sum mentality fosters diplomatic distrust and reduce possibility of diplomatic cooperation. Eg- India’s suspension of Indus water treaty.

    As per Deontological ethics, means of war cant justify any ends. As pointed out by Bertrand Russell, “War does not determine who is right – only who is left.”

    Attitude

  • Q5 (a) “One who is devoted to one’s duty attains highest perfection in life.” Analyse this statement with reference to sense of responsibility and personal fulfilment as a civil servant.

    “Your right is to work only, but never to its fruits.” – Bhagavad Gita

    The statement reflects the idea of Karma-Yoga – that sincere devotion to one’s duty leads to both moral excellence and inner fulfilment. For a civil servant, devotion to duty converts power into service.

    Devotion to Duty leading to Sense of Responsibility

    For a civil servant, duty is not just a job description, it is a moral contract with the sovereign the people. (Trusteeship principle)

    Devotion ensures that the officer is upholding Constitutional Morality even under political pressure.

    Professional Integrity- It manifests as doing the right thing when no one is watching. Eg- Satyendra Dubey

    Accountability to the “Last Person”- A devoted officer views themselves as answerable to the most marginalized. Eg- Dr. Rajendra Bharud (IAS) – oxygen plants in tribal Nandurbar district.

    Impartiality in Crisis- Devotion prevents personal biases from clouding administrative judgment.

    Resource Stewardship- Eg- E. Sreedharan completed Metro projects under budget and ahead of time.

    Compassionate Regulation- Balancing the “letter of the law” with the “spirit of justice.” Eg- delaying the demolition of encroachment until finalization of the rehabilitation plan.

    Crisis Leadership- Eg- Krishna Teja (IAS) coordinated evacuation of over 2.5 lakh people during Kerala floods

    Acts as a Internal moral compass ensuring accountability to conscience. Eg – Satish Dhawan taking responsibility for ISRO failure.

    Devotion to Duty leading to Personal Fulfilment

    Personal fulfilment in civil service comes from the alignment of one’s “inner conscience” with “outer action.”

    Self-Actualization- Finding the highest version of oneself through service.

    Emotional Intelligence- Developing a sense of “Wholeness” by connecting with the suffering and joy of the public.

    The “Flow” State- Becoming so absorbed in problem-solving that work stops being stressful and becomes meditative.

    Legacy Building- S.R. Sankaran – “an ideal people’s IAS officer” remained unmarried for service of nation

    Inner Peace- knowing there is no gap between what you believe and what you do.

    Resilience- Devotion provides the “buffer” against the frustrations of transfers or political interference.

    A Clear Conscience- The ability to sleep peacefully, knowing one has not been a party to injustice

    Transcendence- Moving beyond the “ego” (the I, Me, Mine) to a larger identity (The State, The People).

    Institution building by prioritizing long-term public interest over short-term gain. Eg- Verghese Kurien building AMUL.

    Devotion to Duty leading to Highest Perfection

    “Highest Perfection” is the state where the administrator becomes an “Ethical Titan”

    Sense of responsibility and fulfillment leads to unity of thought, word, and deed – a state of perfection. Eg- Mahatma Gandhi

    Achieves Equanimity (Samatvam)- Remaining calm in both praise and blame, success and failure

    Becoming a “Living Institution”- When the individual’s name becomes synonymous with the values of the office.

    “To find yourself, lose yourself in the service of others.” – Mahatma Gandhi.

    Devotion to duty is the “alchemy” that turns a bureaucrat into a public servant.