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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.

  • Does India have a cough syrup problem? 

    Introduction:

    India’s pharmaceutical industry, long known as the “pharmacy of the world,” is again under scrutiny after toxic cough syrups were linked to child deaths in Madhya Pradesh and Rajasthan. Laboratory tests revealed dangerously high levels of diethylene glycol (DEG), an industrial chemical used in antifreeze, in syrups. The incident has triggered state bans, factory inspections, and renewed debate over the safety and accountability of India’s drug manufacturing system.

    This follows earlier international tragedies in The Gambia, Uzbekistan, and Iraq, all involving India-made syrups.

    Pattern of Recurring Cough Syrup Tragedies:

    India has repeatedly faced incidents of DEG contamination in pharmaceuticals over the past century, reflecting systemic failure rather than isolated error.

    1. Historical incidents: Major poisoning events were reported in Chennai (1973), Bihar (1986), Gurugram (2020), Jammu (2019), and internationally in The Gambia (2022) and Uzbekistan (2022), leading to hundreds of deaths, most of them children.
    2. Common pattern: In each case, toxic solvents were substituted for pharmaceutical-grade compounds to cut costs, exposing the absence of strict supplier verification and testing.
    3. Regulatory aftermath: Investigations typically result in temporary bans and arrests but rarely in structural reform, allowing recurrence.
    4. Root cause: Weak coordination between central and state regulators, underfunded laboratories, and an enforcement system that reacts after fatalities rather than preventing them.

    Toxic Component: Diethylene Glycol (DEG)

    1. Nature: A clear, sweet-tasting industrial solvent used in brake fluids, antifreeze, and plastics manufacturing.
    2. Why it appears in medicines: It is sometimes misused as a low-cost substitute for propylene glycol or glycerine in pharmaceutical syrups.
    3. Toxicity: Even small doses can cause severe abdominal pain, vomiting, metabolic acidosis, kidney failure, and death.
    4. Permissible limit: Only 0.1% is allowed in drugs; recent tests found over 46%, indicating gross manufacturing negligence.
    5. Historical precedent: Global awareness of DEG poisoning dates back to the 1937 U.S. “Elixir Sulfanilamide” disaster, which killed over 100 people and led to the creation of the U.S. FDA’s modern drug laws.

    How are Medicines regulated in India?

    • Legal framework: Governed primarily by the Drugs and Cosmetics Act, 1940, and the Drugs and Cosmetics Rules, 1945.
    • Authority structure:
      • The Central Drugs Standard Control Organisation (CDSCO) under the Ministry of Health regulates imports, new drugs, and quality standards.
      • State Drug Control Authorities license manufacturing units and monitor local sales.
    • Implementation challenge:
      • Fragmented responsibilities lead to uneven enforcement and duplication of work.
      • While CDSCO issues guidelines, states often lack testing infrastructure or manpower to ensure compliance.
      • Public health being a state subject further complicates central supervision.
    • Testing requirements: Manufacturers must verify both raw materials and finished formulations, but this is rarely enforced or independently audited.

    Regulatory and Structural Gaps:

    1. Weak coordination: No integrated digital system links state and central regulators to track licenses, test results, or violations.
    2. Inspection failures: Many small and medium-sized drug firms operate without periodic inspection or third-party audits.
    3. Resource deficit: State drug labs often face staff shortages, outdated testing equipment, and minimal budgets.
    4. Penalties too lenient: Adulteration and misbranding attract limited imprisonment or fines, offering little deterrence.
    5. Lack of global alignment: India’s domestic quality standards often diverge from those used by WHO or international regulators, creating dual regimes for export and domestic markets.

    How such incidences impact India’s global credibility?

    1. International scrutiny: Following deaths in The Gambia and Uzbekistan, the World Health Organization (WHO) issued global alerts on India-manufactured syrups.
    2. Export restrictions: Several importing countries now demand independent quality certificates before allowing entry of Indian pharmaceuticals.
    3. Erosion of trust: India’s image as a low-cost, high-quality medicine supplier is undermined by repeated safety lapses.
    4. Diplomatic and economic cost: Quality scandals threaten a $25 billion export industry that supplies over 50% of global vaccine demand and a major share of generic drugs to Africa, Latin America, and Southeast Asia.

    Way Forward:

    1. Centralised surveillance: Create a national digital platform integrating manufacturing, testing, and licensing data across states.
    2. Independent quality audits: Mandate third-party verification of raw materials, excipients, and solvents used in formulations.
    3. Stronger penalties: Introduce criminal liability for executives in cases of fatal contamination.
    4. Laboratory strengthening: Upgrade all state drug testing labs with modern equipment and accredited quality management systems.
    5. Export accountability: Require WHO-GMP certification for all export-bound and domestic drug batches alike.

    PYQ Relevance:

    [UPSC 2024] The case study focuses on a senior scientist, Dr. Srinivasan, working on a new drug, facing pressure to expedite trials and resort to unethical shortcuts, such as manipulating data to exclude negative outcomes and selectively reporting positive results.

    The questions posed specifically asked the aspirant to:

    • Examine options and consequences in light of the ethical questions involved.

    • Discuss how data ethics and drug ethics can save humanity at large in such a scenario.

    Linkage: The core issue involves the provision of quality healthcare and social services. The crisis highlights the vulnerability of populations, both domestically and internationally, to unsafe drug manufacturing practices. Questions can focus on  the mechanisms, laws, and institutions designed for the protection and betterment of vulnerable sections (like consumers of essential medicines).

     

  • ‘India’s Got Latent’ Row

    Why in the News?

    The Maharashtra cyber police have denied YouTuber Samay Raina’s request for more time to join the investigation into a case against him, podcaster Ranveer Allahbadia, and others. The case was filed over an “obscene joke” made by Allahbadia on Raina’s show, India’s Got Latent.

    What is an “obscene joke”? 

    • An “obscene joke” is a joke that contains sexually explicit, vulgar, or offensive content that may be considered inappropriate, indecent, or immoral by societal standards.

    What are the Ethical Issues Surrounding Obscenity?

    • Freedom of Expression vs. Public Morality: Content creators often push boundaries in comedy, art, and media, but their work may conflict with societal norms and moral values. Example: A stand-up comedian making jokes about religious figures or sexual themes faces backlash from communities who find it offensive.
    • Cultural Sensitivities and Perception: What is considered obscene varies across cultures, making content regulation complex. Example: Nudity in Western films may be viewed as artistic, whereas in India, it often faces censorship under decency laws.
    • Impact on Vulnerable Audiences: Children and adolescents may be influenced by explicit content, shaping their attitudes toward relationships, gender roles, and social behaviour.Example: Music videos with sexually suggestive lyrics and visuals can promote unrealistic or unhealthy perceptions of relationships.
    • Exploitation and Objectification: Media and advertisements sometimes use sexually provocative imagery, reinforcing harmful gender stereotypes.Example: Advertisements that use hypersexualized images of women to sell products contribute to the objectification of women.
    • Accountability of Content Creators and Platforms: Digital platforms and influencers have a responsibility to regulate content while ensuring free speech is not misused. Example: A YouTube influencer posting explicit prank videos that go viral raises concerns about platform moderation and ethical responsibility.

    What are the legal provisions related to Obscenity?

    • Indian Penal Code (IPC), 1860
        • Section 292: Prohibits the sale, distribution, and public exhibition of obscene materials, including books, paintings, and electronic content.
        • Section 293: Increases punishment for selling obscene materials to minors.
        • Section 294: Penalizes obscene acts and songs in public places.
    • Information Technology (IT) Act, 2000
      • Section 67: Prohibits the publication, transmission, and distribution of obscene electronic content, including on social media and online platforms.
      • Section 67A: Imposes stricter penalties for publishing sexually explicit material in electronic form.
    • Indecent Representation of Women (Prohibition) Act, 1986: Restricts the depiction of women in an indecent or derogatory manner in advertisements, publications, and other media.

    What can be the Key Recommendations for Obscenity?

    • Clear Legal Definitions and Guidelines: Laws should define “obscenity” more precisely to avoid subjective interpretations and misuse. Example: Updating Section 292 of the IPC to distinguish between artistic expression and truly obscene content.
    • Stronger Content Moderation on Digital Platforms: Social media and streaming services should implement stricter policies to regulate obscene content. Example: YouTube and Instagram enforce AI-based content moderation to flag and remove explicit material.
    • Public Awareness and Media Literacy: Educating audiences, especially minors, about responsible content consumption and the impact of obscene materials. Example: Schools include media literacy programs to help students critically analyze digital content.
    • Balanced Regulation Without Censorship: Authorities should ensure that restrictions on obscenity do not infringe on creative freedom and free speech. Example: Allowing adult-rated films and stand-up comedy with proper disclaimers instead of outright bans.
    • Stronger Accountability for Content Creators and Influencers: Creators should adhere to ethical guidelines and be held accountable for promoting obscene or harmful content. Example: Social media influencers issue public apologies and remove controversial videos after backlash.

    Way forward: 

    • Strengthening Regulatory Mechanisms: Implement a balanced framework that ensures accountability without suppressing creative freedom. Example: Establishing independent review bodies to assess content complaints objectively.
    • Promoting Ethical Digital Responsibility: Encourage responsible content creation and consumption through self-regulation and industry guidelines.Example: Platforms introducing stricter age-restriction features and user awareness campaigns.

    Mains PYQ:

    Q State the three basic values, universal in nature, in the context of civil services and bring out their importance. (150 words) (UPSC IAS/2016)

  • Public comments on the PM-CJI puja meet are based on a 1997 document on judicial values

    Why in the News?

    Concerns about Prime Minister Modi’s visit to CJI Chandrachud’s residence for the Ganapati puja stem from the 1997 ‘Restatement of Values of Judicial Life’ guidelines on judicial conduct.

    What does the ‘Restatement of values of judicial life’ state?  

    It is a 16-point code of conduct adopted by the Supreme Court of India in May 1997 to guide the ethical behaviour of judges of the Supreme Court and High Courts.

    • Impartiality and Credibility: The first tenet emphasizes that judges’ behaviour must reinforce public faith in the judiciary’s impartiality. Any actions that could undermine this perception should be avoided.
    • Aloofness: Judges are advised to maintain a degree of aloofness that is consistent with the dignity of their office, ensuring they do not engage in relationships that could compromise their neutrality.
    • Public Awareness: Judges must be conscious of their public image and avoid any conduct seen as unbecoming of their high office.
    • Political Neutrality: Judges should remain politically neutral and avoid public discussions on political matters or cases pending judicial determination.
    • Avoiding Conflicts of Interest: Judges must not allow family members of the Bar to appear before them, nor should they engage in speculative financial activities or accept gifts beyond those from close friends and family.
    • Public Trust: The document underscores the importance of maintaining public trust through ethical conduct and discourages close associations with advocates practising in the same court.

    Types of Integrity

    Integrity in the judicial context can be categorized into several types:

    • Personal Integrity: This relates to the character and ethical standards of individual judges, emphasizing honesty and adherence to moral principles.
    • Institutional Integrity: This refers to the judiciary as a whole, ensuring that the institution operates independently and maintains public confidence.
    • Procedural Integrity: This involves the adherence to legal processes and standards that uphold justice, ensuring that all actions taken by judges are fair and transparent.

    Significance of Maintaining Integrity and Public Confidence through Probity

    • Trust in the Judiciary: Upholding integrity is crucial for maintaining public confidence in the judiciary, as it reassures citizens that justice is administered fairly and without bias.
    • Separation of Powers: The judiciary’s integrity is essential for maintaining the constitutional balance between the judiciary and the executive. Any perceived compromise can lead to public skepticism about the independence of judicial decisions.
    • Ethical Standards: The Restatement serves as a guide for judges to navigate their professional responsibilities while adhering to ethical standards, which is vital for the credibility of the judicial system.
    • Public Perception: Actions that appear to blur the lines between the judiciary and executive can lead to gossip and speculation, undermining the institution’s integrity. Judges must be mindful of their public image to prevent any erosion of trust.

    Way forward: 

    • Strengthen Judicial Training: Implement continuous ethical training for judges, emphasizing the importance of maintaining impartiality, political neutrality, and avoiding conflicts of interest to uphold public confidence.
    • Establish Oversight Mechanisms: Create robust internal oversight frameworks to monitor and address potential breaches of judicial integrity, ensuring transparency and accountability in judicial conduct.

  • Corruption has risen over the past five years, say 55% of respondents

    Why in the news? 

    In the run-up to elections, political parties make allegations of corruption against their rivals to reach out to voters and influence voting patterns. So, let’s see about the corruption trend in India.

    What is Corruption? 

    Corruption refers to dishonest or unethical conduct by individuals or institutions, often involving the misuse of entrusted power or resources for personal gain. It can take various forms, including bribery, embezzlement, fraud, nepotism, cronyism, and favoritism. Corruption undermines the principles of fairness, integrity, and accountability in both public and private sectors.

    Corruption in India (Pre-poll survey of 2024 compared with 2019 Survey):

    • Increase in Corruption: According to a pre-poll survey, more than half (55%) of respondents believe that corruption has increased in the past five years.
      • The proportion of respondents believing that corruption has decreased has declined significantly, from 37% in 2019 to 19% in 2024.
    • Causes for Corruption in India: A majority of respondents (56%) hold both Union and State governments responsible for the increase in corruption, with a higher proportion blaming the Union government specifically.
    • Across Spatial Consistency: Regardless of whether respondents live in villages, towns, or cities, the perception of increased corruption is widespread.
    • Opinion of Respondents: Both rich and poor respondents largely agree that corruption has increased, though there is a slight increase in the perception of decreased corruption among richer respondents.

    What does the 2nd Administrative Reforms Commission (ARC) report say?

    • Lack of Transparency: The opacity of government processes and decision-making provides opportunities for corruption.
    • Regulatory Environment: Cumbersome and complex regulations create opportunities for rent-seeking behavior by officials and bureaucrats.
    • Political Interference: Politicization of administrative processes and appointments leads to patronage networks and favoritism, fostering corruption.
    • Lack of Whistleblower Protection: The absence of robust mechanisms to protect whistleblowers discourages individuals from reporting corruption. Fear of retaliation and inadequate legal safeguards inhibit the exposure of corrupt practices.
    • Weak Enforcement Mechanisms: Inadequate enforcement of laws and regulations allows corrupt practices to thrive.

    Conclusion: To combat rising corruption in India, comprehensive measures including enhancing transparency, simplifying regulations, strengthening enforcement, depoliticizing administration, and implementing robust whistleblower protection are imperative for fostering integrity and accountability in governance.

     

  • Supreme Court Labels Gujarat Police Actions as “Atrocity”

    Introduction

    • In a significant development, the Supreme Court of India, made oral observations condemning the 2022 incident involving four Gujarat Police officers.
    • These officers had publicly flogged some men, restraining them to a pole, under the allegation of disrupting a garba event in the Kheda district.

    Kheda Incident

    • Public Flogging and Video Documentation: The incident in question involved the public flogging of some men who were tied to a pole. Shockingly, videos of the brutal act were also recorded.
    • Lack of Legal Authority: Justice B.R. Gavai questioned whether the officers had any legal authority to restrain individuals in such a manner and subject them to physical abuse. Justice Sandeep Mehta expressed similar concerns.

    Ethical Dimensions Put to Question

    • Human Rights: Police misconduct and brutality violate citizens’ fundamental rights, including the right to life, liberty, dignity, equality, and justice. They also breach international human rights standards.
    • Rule of Law: Such actions undermine democratic societies based on the rule of law, diminishing law enforcement agencies’ legitimacy and fostering a culture of impunity where police act as judge, jury, and executioner.
    • Professionalism: Police misconduct erodes the professionalism, integrity, and morale of the police force. It negatively impacts training, discipline, supervision, and leadership, pressuring honest officers to conform to unethical practices.
    • Social Harmony: Police misconduct disrupts social cohesion, breeding resentment, fear, anger, and distrust, especially among marginalized groups. It contributes to social conflicts, violence, and extremism, threatening national peace and stability.

    Violation of D.K. Basu Judgment (1996)

    • Supreme Court’s Historical Verdict: The actions of the police officers were found to be in contempt of the Supreme Court’s landmark D.K. Basu judgment of 1996. This judgment emphasized the importance of protecting individuals from torture and abuse by the police and law-enforcing officers.
    • Prohibition of Third-Degree Methods: The D.K. Basu verdict explicitly prohibited the use of “third degree” methods or torture during interrogation and investigation.

    Supreme Court’s Response

    • Ignorance of Law: Justices Gavai and Mehta were not convinced by the argument put forth by senior advocate Siddharth Dave, representing the police officers, that there was no “willful disobedience” of the D.K. Basu verdict by his clients. The Bench questioned whether ignorance of the law could serve as a defence in this context.
    • Duty of Police Officers: The Bench emphasized that every police officer must be aware of the legal principles established in the D.K. Basu judgment.

    Conclusion

    • The Supreme Court’s strong stance against the actions of the Gujarat Police officers in this case underscores the importance of upholding the principles of justice, human rights, and the rule of law.
    • This incident serves as a reminder of the duty and responsibility that law enforcement agencies have in protecting the rights and dignity of individuals while performing their duties.