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Subject: Ethics

  • The true rule, in determining to embrace, or reject any thing, is not whether it has any evil in it; but whether it has more evil than good. There are few things wholly evil or wholly good. Almost every thing, especially of governmental policy, is an inseprarable compound of the two; so that our best judgement of the preponderance between them is continually demand. – Abraham Lincoln.

    Abraham Lincoln argues that, ethical judgement does not lie in seeking moral purity, but in weighing which option produces more good than harm. Governance thus requires continuous moral evaluation.

    Tradeoff between good and evil

    Government policy level

    Climate policies trade economic growth for environmental protection. Eg- restrictions in eco sensitive zones hamer mining

    Welfare schemes involve fiscal costs but social benefits. Eg- NFSA costs around 2% of GDP but ensures “food security”

    Security laws trade liberty for safety. Eg- internet shutdowns in J&K hamer Right to internet (Article 21) to ensure security

    Societal level

    Social reforms disturb traditions but advance justice. Eg- Sabrimala judgment

    Urbanisation displaces communities but creates opportunity. Eg- breaking of caste barrier for dalits

    Global level

    Sanctions punish regimes but harm civilians. Eg- sanctions on Iran crippling economy

    Military interventions against rogue states can lead to regional intability. Eg- instability in Middle East

    Individual level

    Whistleblowing causes personal harm but exposes injustice. Eg- Satyendra Dubey

    Commitment to duty may hamper work-life balance

    Ethical framework for decision making

    Utilitarianism – Judging actions by net consequences (greatest good for greatest number).

    Aristotle’s golden mean principle – Balancing extremes

    Public interest ethics – Balancing competing claims. Eg- Carbon Tax on coal

    Moral realism – Acceptance of complexity and trade-offs.

    “Veil of Ignorance” – To ensure fairness and objectivity.

    Rights-based test – Does it violate fundamental rights?

    Moral humility – Openness to revision.

    The task of ethical judgement is to responsibly navigate complexity with wisdom, fairness and humility.

    “In a morally complex world, ethics lies not in purity, but in prudence.”

  • In doing a good thing, everything is permitted which is not prohibited expressly or by clear implication. Examine the statement with suitable examples in the context of a public servant discharging his/her duties.

    This statement reflects the principle of Administrative Discretion and Innovation in public service. It also highlights the shift from “Rule-based” to “Goal-oriented” governance.

    Everything is permitted in doing good thing

    Adherence to the utilitarian principle of ‘greatest happiness.’

    Resource optimization- Eg- Armstrong Pame (IAS) crowdfunded the “People’s Road”.

    Innovation for reformative justice- Kiran Bedi (IPS) introduced Vipassana.

    Behavioral Nudging (Gandhigiri)- Using psychology instead of force. Eg- In the Swachh Bharat Abhiyan, officers gifted flowers to people defecating in the open.

    Prioritising social welfare by bypassing bureaucratic rigidity. Eg- Prashant Nair’s “Operation Sulaimani” – Use of crowdsourced coupons to feed hunger

    Finding ‘out of the box’ solutions. Eg- IPS chetan singh Rathore using National Anthem to manage protesting crowd.

    Ethical use of discretion in crises. Eg- Dr. Syed Sehrish Asgar used her office as a “human call center” during communication blackouts in J&K

    Helps in collaborative problem solving rather than a top-down approach. Eg- S.R. Sankaran involved local community elders in identifying bonded laborers.

    Creativity and innovations facilitate adoption of technology to solve problems. Eg- Dr. Hari Chandana building pavements from recycled plastic in Hyderabad.

    Inaction out of fear of rules is often a greater “evil” than Innovation within the framework of the law. – leads to policy paralysis

    Constitutional Morality- One cannot “do good” by violating Fundamental Rights. Eg- unauthorized phone tapping.

    Financial Propriety- Eg- following due process in tender allocation

    Avoiding Conflict of Interest through declaration and recusal

    Acting in the “spirit” of the law

    Dignity and Human Rights- Adherence to Kant’s categorical imperative.

    Non-arbitrariness – No favouritism under the garb of welfare.

    The ultimate test for any “permitted” action is Mahatma Gandhi’s Talisman– “Will it lead to the upliftment of the poorest?”

  • Suppose the Government of India is thinking of constructing a dam in a mountain valley bound by forests and inhabited by ethnic communities. What rational policy should it resort to in dealing with unforeseen contingencies?

    India is one of the top 10 mega diverse countries of the world (8.1% of the world’s species). A rational policy for dam construction must adopt a dynamic risk-management framework.

    “Forests are the lungs of our land. A nation that destroys it destroys itself..” – Franklin D. Roosevelt

    Possible unforeseen contingencies

    Ecological degradation – Submergence of forests and biodiversity loss.

    Cultural erosion – Eg- loss of “Sacred Groves”

    Livelihood disruption – Loss of agriculture, fishing, forest-based economy.

    Downstream ecological impact – Eg- Altered river flow affecting agriculture and wetlands.

    Reservoir-induced seismicity – Eg- 1967 Koyna Earthquake.

    Waterlogging and salinisation causing soil degradation.

    Health risks – Stagnant water increasing vector-borne diseases. Eg- Malaria and dengue

    Social conflict – Tensions between locals, migrants, and authorities.

    Climate uncertainty – Eg- Irregular monsoon impacting reservoir levels.

    Rational Policy for Dealing with Unforeseen Contingencies – must be Adaptive, Transparent, and Restorative.

    Comprehensive impact assessments for Procedural Justice

    Integrated Environmental, Social and Cultural Impact Assessments.

    Adaptive management- mandatory periodic reassessments every 5 years.

    The “Precautionary Principle”- If a risk (like a GLOF) is scientifically plausible but uncertain, the policy must favor environmental safety over construction.

    Ensuring Free, Prior, and Informed Consent (FPIC) by Gram Sabhas under PESA Act 1996.

    The “Benefit-Sharing” Model- Making communities “partners in prosperity.”

    Just and participatory rehabilitation – Eg- Land for land

    Ecological Insurance Fund from electricity revenue for unforeseen disaster relief.

    Tribal Development Fund for Livelihood for Life

    Cultural Heritage Mapping before submergence.

    Ecological offsets – Compensatory afforestation and biodiversity corridors. (Inter-generational Equity principle)

    Grievance Redressal at the Doorstep through an independent Project Ombudsman.

    Risk governance – Eg- Flood warning systems downstream.

    Decommissioning Clause- a clear “End-of-Life” plan for the dam, ensuring the valley can eventually be restored.

    “Development without Justice is merely organized plunder.” By treating the mountain ecosystem with “Bio-centric Humility,” the state can mitigate the moral and physical risks of development.

  • With regard to morality of actions, one view is that means are of paramount importance and the other view is that the ends justify the means. Which view do you think is more appropriate? Justify your answer.

    The debate between the “Ends” and the “Means” is one of the oldest in moral philosophy, representing the tension between Consequentialism (Teleology) and Duty-based ethics (Deontology).

    Justification of Ends (Consequentialism)

    Maximizing Welfare- The primary goal is the “Common Good.”

    Strategic Necessity- Eg- For realist scholars of IR like Morgenthau, national interest takes precedence over means

    Efficiency in Governance- Eg- mandatory vaccination drives to address vaccine hesitancy

    Security and Intelligence- surveillance or “white lies” are necessary to prevent terrorism.

    Scientific Progress- Eg- Renaissance scientists stole bodies for dissection

    Economic Stabilization- Eg- Governments used taxpayer money to save “Too Big to Fail” banks during 2008 crisis

    Crisis Management- Eg- Emergency Triage – In war zones, doctors choose who to treat and who to let die based on survival probability

    Justification of Means (Deontology) – Immanuel Kant and Mahatma Gandhi

    Nishkama Karma (The Bhagavad Gita)- humans are only in control of their actions (means), not the results (ends).

    Moral Integrity- A “good” end achieved through “bad” means is a hollow victory that degrades the character of the actor.

    As Gandhi famously said, “The means may be likened to a seed, the end to a tree.”

    Protection of Individual Rights- Deontology ensures that individuals are never treated as mere “tools” for a larger goal.

    Preventing the “Slippery Slope”- Once you justify a small evil for a great good, it becomes easier to justify larger evils.

    Rule of Law- A smooth-functioning society depends on everyone following the rules, even when it’s inconvenient.

    Ensuring accountability – Eg- Whistleblowing by Edward Snowden – “end” (national security) did not justify the “means” (illegal mass surveillance and violation of privacy).

    Sustainable Peace- Forced peace (ends) through war (means) rarely lasts. Eg- “Truth and Reconciliation commission” in South Africa

    My View- I believe that the means are of paramount importance for the following reasons-

    Means are based on respect for Human Dignity

    Ends are Uncertain, Means are Absolute

    The Character of the System is defined by the culture and means used.

    Means build institutional trust

  • Falsehood takes the place of truth when it results in unblemished common good. -Tirukkural

    The above statement highlights the “teleological” approach to truth. It suggests that the moral value of an action is determined not just by the act itself, but by the ultimate outcome it produces for society.

    Justification of Falsehood

    Utilitarian ethics – Maximising overall welfare. Eg- During COVID-19, some governments delayed announcing lockdowns to prevent mass panic.

    Principle of non-maleficence – Preventing harm. Eg- Doctors not disclosing terminal diagnoses to prevent severe psychological shock.

    Doctrine of double effect – Harm avoided outweighs moral cost. Eg- Undercover police deceive suspects to dismantle trafficking networks.

    To maintain social harmony. Eg- administration declaring minor scuffle between two communities as a “personal dispute” to prevent a city-wide riot.

    Emergency ethics – in wartime, truth is so precious that she should always be attended by a bodyguard of lies. – Winston Churchill.

    Public interest principle – Eg- Withholding sensitive information during terror attacks to avoid aiding perpetrators.

    Virtue ethics – Compassion and prudence over rigid honesty.

    Protection of life – Right to life supersedes right to information. Eg- providing “New Identities” under witness protection

    Diplomatic De-escalation- During war, “back-channel” communications involve tactical denials to give face-saving exit to both countries.

    Counter-argument

    Erodes trust in governance.

    Slippery slope – “Noble lies” justify authoritarianism.

    “hiding failures.” Eg- falsifying COVID deaths

    Violates autonomy and right to truth.

    Accountability loss – Lies prevent public scrutiny.

    Long-term harm – Eg- initial denials of Chernobyl’s severity

    Moral corrosion – Ends justify means mentality spreads injustice.

    The Tirukkural does not provide a “license to lie” but rather a “test of virtue.” Lie is justified only when the good produced is “unblemished” (meaning it harms no one else) and “common” (benefiting all).

  • There is a view that the official secrets act is an obstacle to the implementation of the Rights to Information act. Do you agree with the view? Discuss (150 words, 10m)

    The OSA is a pre-independence law designed to protect state secrets from “enemy states.” The RTI Act is a rights-based legislation aimed at empowering citizens to hold the government accountable.

    OSA as an obstacle to RTI

    Broad and vague definition of “secret” – Routine administrative files marked confidential to avoid scrutiny and undermine openness

    Fear of criminal liability – Officials hesitate to disclose information fearing prosecution under OSA.

    Over-classification – Even non-sensitive data is labelled confidential to prevent disclosure.

    Used as a shield against accountability – OSA invoked to deny information on public interest matters. Eg- allegations of corruption in Rafale deal but information not shared.

    Chilling effect on whistle-blowers and journalists – Fear of prosecution discourages exposure of wrongdoing.

    Conflicts with RTI’s spirit of maximum disclosure (Section 4)

    Lack of independent review of classification – No strong mechanism to challenge unjustified secrecy.

    Psychological Barrier- The OSA fosters a “default-to-secrecy” mindset.

    Need of OSA

    Protects national security and sovereignty

    Safeguards strategic negotiations – Trade, defence and foreign policy talks need confidentiality.

    Section 8 of RT protects security-related information.

    Certain internal reports on communal or ethnic tensions are kept secret to prevent the sparking of riots or civil unrest.

    A separate National Security Act as suggested by 2nd ARC is needed to promote the culture of transparency and openness

  • What is meant by constitutional morality? How does one uphold constitutional morality?(150 words, 10m)

    Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy. In the words of Ambedkar, “Constitutional morality is not a natural sentiment. It has to be cultivated”.

    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.

    Other Pillars

    Rule of Law – Eg- Article 14

    Institutional Integrity – Eg- autonomy of EC, CAG

    Progressive Interpretation – Eg- right to privacy

    Equality and Dignity – Eg- Sabrimala Judgment

    Constitutional Values – Upholding justice, liberty, equality, fraternity

    Separation of Powers and Checks and Balances

    Upholding constitutional morality

    By Judiciary

    Prioritizing Constitutional over Social Morality- Eg- Navtej Singh Johar case

    Protecting Dissent and Liberty- Eg- upholding “Bail is the rule, Jail is the exception.”

    Ensuring procedural fairness – Following due process and natural justice.

    By Legislature

    Debate and Deliberation- Eg- mandatory referral of bill to Parliamentary committee (UK Model)

    Inclusive Law-making to protect the interests of the marginalized. Eg- Rights of Persons with Disabilities Act, 2016

    Ensuring representation – Eg- Nari Shakti Vandan Adhiniyam, 2023

    Social Reform through Legislation to rectify historical injustices. Eg- Triple Talaq Act

    The Executive

    Self-Restraint in Power- Eg- Following the S.R. Bommai guidelines to avoid the unnecessary imposition of President’s Rule (Article 356).

    Adherence to the “Rule of Law”- Eg- Strictly following the D.K. Basu guidelines to prevent custodial torture.

    Public Administration

    Anonymity and Neutrality- Providing “fair and fearless” advice to ministers

    Practicing Compassion- Using “administrative discretion” to help the last person in the queue (Antyodaya). Eg- S. Shankaran in implementing the Bonded Labour Abolition Act

    Transparency and Honesty- Proactive disclosure under the RTI Act.

    By Citizens (The Sovereign)

    Tolerance of Dissent- Respecting the right of others to have a different opinion, religion, or lifestyle.

    Performing Fundamental Duties- Recognizing that rights come with responsibilities (Article 51A).

    Active Participation- Eg- Participating in Gram Sabhas or city ward committee meetings

    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.

  • Explain the basic principles of citizens’ charter movement and bring out its importance. (150 words, 10m)

    The Citizen’s Charter, introduced in India in 1997 (DARPG) following the UK model, aims to make public services transparent, accountable, and citizen-centric by clearly defining service standards, timelines, and grievance redressal mechanisms.

    Basic Principles of the Citizens’ Charter Movement

    Standards: Explicitly state the quality and level of service citizens can expect, ideally with specific, measurable timeframes.

    Quality: Commit to continuously improving the standard of services provided to meet user expectations.

    Choice: Offer citizens a variety of choices and options when accessing services, wherever feasible.

    Transparency: Ensure openness in rules, procedures, schemes, and grievance redress mechanisms.

    Accountability: Hold individual officials and organizations answerable for the services delivered and commitments made.

    Value: Ensure that services provide good value for taxpayers’ money.

    Importance of citizen charters

    Defines Service Standards – Eg- Passport Seva Kendra specifies delivery within 3 working days for Tatkal applications.

    Enhances Administrative Transparency – Makes procedures, responsibilities, and timelines public, reducing scope for arbitrariness and discretion.

    Promotes Accountability of Officials – Identifies responsible officers for each service and grievance redressal, ensuring answerability for delays or failures.

    Empowers Citizens to demand better service delivery, question inefficiencies, and seek grievance redressal through defined channels.

    Builds mutual expectations between government and citizens, enhancing trust in public institutions.

    Provides a benchmark for assessing departmental efficiency and monitoring service outcomes through periodic audits.

    Promotes feedback-based improvement by institutionalizing citizen input in service reforms.

    By aligning it with the 2nd ARC recommendations, it can evolve from a symbolic commitment to a practical framework for responsive, transparent, and citizen-centric governance.

  • What do you understand by probity in governance? Based on your understanding of the term, suggest measures for ensuring probity in government. (150 words, 10m)

    Probity is a multifaceted concept representing the quality of having strong moral principles, absolute integrity, and uprightness in the discharge of public duties.

    Key Components of Probity

    Integrity- Adherence to a strict moral and ethical code. E- Lal Bahadur Shastri

    Transparency- Decisions and actions must be open to public scrutiny.

    Accountability- Public servants must be answerable for their actions and omissions.

    Objectivity- Decisions should be based on merit and evidence, free from bias or personal interest.

    Impartiality- Acting without prejudice toward any particular group or individual.

    Avoiding conflict of interest through disclosures and recusals

    Frugality- Treating public money with more care than one’s own

    Ensuring probity requires a “triple-lock” approach– Structural, Procedural, and Behavioral.

    1. Institutional and Legal Reforms

    Ensuring the independence and resource-sufficiency of bodies like Lokpal, Lokayukta and CVC

    Rigorous implementation of the Whistleblowers Protection Act.

    Empowering the CAG to conduct social audits and performance audits

    Adoption of the “Hong Kong Model” (ICAC) to tackle corruption – three-pronged strategy of Investigation, Prevention, and Community Education

    2. Procedural and Technological Measures

    E-Governance to reduce human discretion and the “gatekeeper” effect. Eg- GeM

    Citizens’ Charters- Mandating clear timelines for service delivery. Eg- SAKALA (Karnataka Guarantee of Services Act)

    Proactive disclosure under Section 4 of the RTI Act for transparency

    Mandatory and periodic declaration of assets and liabilities by civil servants

    3. Human Resource and Ethical Reforms

    Moving beyond a “Rule-based” conduct code (what not to do) to a “Value-based” code of ethics (what to strive for) (2nd ARC).

    Competency-linked training under Mission Karmayogi to ensure civil servants are not only skilled but also ethically grounded.

    4. Social and Political Measures

    Legal backing to Social Audits. (Meghalaya Act)

    Ensuring transparency in electoral funding to prevent the “quid-pro-quo” culture at top.

    As pointed out by PM Modi in Independence Day speech, promoting ‘suchita, pardarshita and nishpakshata’ (probity, transparency and impartiality) is essential for ‘Amrit Kaal’

  • Effective utilisation of public funds is crucial to meet development goals. Critically examine the reasons for under-utilization and mis-utilisation of public funds and their implications.(150 words, 10m)

    Resource stewardship is the hallmark of good governance and is essential for translating fiscal resources into social welfare. Its poor utilisation violates the “trusteeship” principle (Locke)

    Importance of Effective Utilization of Public Funds

    Achieving Social Justice- Tribal sub plan funds reducing historical inequality.

    Human Capital Formation through improved public service delivery

    Poverty Alleviation- Eg- DBT provide a safety net for those below the poverty line.

    Fiscal Discipline- Prevents unnecessary borrowing and reduces the fiscal deficit

    Builds Public Trust in government – ensures better tax-compliance

    Attracting Investment- “Crowding-in” effect.

    Reasons for Under-Utilization

    Administrative Red Tapism- Lengthy approval processes for tenders and contracts.

    Late fund release lead to “March Rush”

    Capacity Constraints- Local bodies lack technical staff to draft Detailed Project Reports (DPRs).

    One-size-fits-all guidelines limits flexibility. Eg- CSS

    Land acquisition delays stalls major infrastructure projects.

    Low accountability- lack of real-time tracking of funds

    Fear of the “3 Cs”(CBI, CVC, CAG) causes bureaucratic paralysis

    Reasons for Mis-Utilization

    Corruption through ghost beneficiaries. Eg- over 10 lakh fake accounts in Ayushman Bharat (CAG)

    Political populism – Diverting long-term developmental funds into short-term electoral “gifts”.

    Poor accountability mechanisms. Eg- lack of social audits

    Absence of Outcome Budgeting- Focus on “outlays” rather than “impact” (lives changed).

    Institutionalized Rent-Seeking- The presence of middlemen in every stage of fund dispersal.

    Politician-bureaucrat-corporate nexus (Vohra committee) – leads to culture of impunity

    Implications

    Violates utilitarian maxim of greatest happiness of greatest number

    Leads to inequality – 1% holding >40% national wealth (Oxfam)

    Poor quality of service is delivered to citizens. Eg- rotten foodgrains in PDS

    Cost Overruns- Delays lead to inflation-adjusted increases in project costs.

    Delayed Benefits- The public is deprived of essential services

    Opportunity Cost- Capital that could have been used elsewhere remains locked and unproductive.

    Economic Distortion- Unproductive spending leads to inflation without asset creation.

    Erosion of Ethics- Normalizes a culture of dishonesty within the civil service.

    Leads to “Taxpayer Cynicism” – encourage tax evasion.

    Public servants are trustee of public funds. It must be used with responsibility and integrity.