Ethics: March 2024 UPSC Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

Ethical Implications of Judge Resigning for Politics

Context

Recently, a former judge of the Calcutta High Court made headlines by resigning from the judiciary and joining a political party. This move has sparked a debate on the appropriateness of such a transition for a judge.

What are the Ethical Concerns Related to the Resignation of a Judge for Politics?

Judicial Impartiality:

• Judges are expected to maintain neutrality and base their decisions solely on facts and law, free from personal biases or external influences.
• The judge's decision to join a political party after being embroiled in controversies raises doubts about their impartiality in handling politically sensitive cases, undermining public trust in fair dispensation of justice.

Judicial Independence:

• The cornerstone of democracy, judicial independence necessitates judges' freedom from external influences, especially political ones.
• The judge's swift alignment with a political party post-resignation raises concerns about the independence of their past judicial decisions and the potential impact of political considerations on judicial functioning.

Conflict of Interest:

• Judges are obliged to avoid conflicts of interest and uphold the integrity of the judicial process.
• Participation in political activities post-retirement, especially after making contentious statements and rulings while in office, raises questions about potential conflicts of interest.

Public Trust and Confidence:

• The judiciary relies on public trust to execute its societal role effectively.
• A judge's transition from the bench to active political involvement may breed skepticism and erode public trust in the judiciary's independence and integrity.

Post-Retirement Appointments Issue:

• Historically, some retired judges have accepted government positions post-retirement, blurring the lines between the judiciary and the executive.

What is Restatement of Values of Judicial Life 1997?

The Restatement of Values of Judicial Life was adopted by the Supreme Court of India in 1997 to establish ethical standards and principles for judges.

• Impartiality: Judges must ensure not only the execution of justice but also its perception. Their conduct should reinforce public trust in the judiciary's impartiality.
• Conflict Avoidance: Judges are advised to steer clear of close affiliations with individual members of the Bar, abstain from presiding over cases involving family members who are lawyers, and refrain from engaging in public discourse on political matters.
• Financial Integrity: Judges are instructed not to pursue financial gains unless unequivocally available and to abstain from stock speculation or involvement in commercial activities.
• Public Scrutiny: Judges are reminded to remain cognizant of being under constant public observation, and their actions should uphold the dignity of their esteemed position.

What can be Done to Address Judges Taking Post Retirement Jobs?

• Implement a Cooling-Off Period: Similar to the suggestion of former Chief Justice R M Lodha, there should be a mandatory cooling-off period between a judge's retirement and their eligibility for any post-retirement assignment. This period would help mitigate potential conflicts of interest and ensure impartiality.
• Recommendations of Law Commission: The recommendations of the 14th Law Commission Report, 1958, highlighted this concern and advocated for a system that ensures financial security to the judges without compromising independence.
• Enhance Judicial Ethics and Standards: Strengthening the ethical guidelines and standards for judges, both during their tenure and post-retirement, can help maintain the integrity and impartiality of the judiciary. Judges should be encouraged to prioritise public trust and confidence in the judiciary over personal interests.
• Increase Transparency: There should be greater transparency in the process of appointing retired judges to post-retirement positions. This includes disclosing the criteria for selection, ensuring open competition for these roles, and making public the reasons behind each appointment.

The former judge's choice to depart from the Calcutta High Court and join the political arena elicits substantial ethical apprehensions concerning judicial fairness, autonomy, conflicts of interest, public reliance, and professional duty. These apprehensions extend widely, impacting the integrity and trustworthiness of the judiciary, underscoring the criticality of maintaining ethical benchmarks in dispensing justice.

Questions and case studies

Q1: (a) Discipline generally implies following the order and subordination. However, it may be counter-productive for the organisation. Discuss.
(b) Without commonly shared and widely entrenched moral values and obligations, neither the law, nor democratic government, nor even the market economy will function properly.
What do you understand by this statement? Explain with illustration in the contemporary times.
Ans: (a) Discipline in an organization ensures productivity and efficiency. It encourages harmony and co-operation among employees and also act as a morale booster for the employees. Discipline is very essential for a healthy industrial atmosphere and for the achievement of organizational goals. However, the management of workplace discipline remains a key problem in employee relations, and is one of the most discernible sources of conflict at work.
It may also be counterproductive in an organization because it may create a culture of fear and apprehension, which lowers worker morale and inhibits employee growth. Using negative discipline to punish employees for poor performance is not as effective as helping them to identify their weaknesses and explore how to improve upon their strengths.
Therefore while discipline is important in ensuring order and subordination, a fine balance needs to be followed so that it does not become counterproductive to the organisational interests. Positive discipline approach, which uses constructive criticism, can be followed to instill correct behaviour. For example explaining to an under performing employee how his/her failure to follow proper protocol is hurting her performance and then offer helpful suggestions for increasing productivity.
(b) Law, democratic government and market economy can be considered as three pillars of modern civilization. This argument can be tested on touchstone of Gandhian belief that moral values and obligations provide spiritual foundation of any civilization.
Moral Values and Law – Usually laws are public expression of morality which codifies the basic principle of conduct which a society accepts. Modern society has gradually replaced all those laws which were not in consonance with moral principles of recent times, for example slavery, which was once legal has been outlawed across the globe, respecting human dignity.
Moral values and Democratic Government – Democracy represents a set of decision-making institutions that embody respect for the equal worth of all citizens. This ensures that even powerless people get the right to express their preferences through democratic means. Values like equality, fraternity, liberty and justice are indispensible for proper functioning of a vibrant democracy.
It has been seen that whenever moral values and obligations were bypassed by democratic regimes, tyrannical leaders have emerged. This trend could be seen in many African democratic nations that compromise on moral principles in disguise of democracy.
Moral Values and Market Economy – Market economy is based upon efficient market functioning and self corrective mechanisms but there are instances when it has been observed that in absence of moral values the market economy created havoc. The global financial crisis (2008-09) was a result of keeping moral principles at an arm’s length. Immoral principles like excessive greed and irrational exuberance where the unsustainable investment behaviour was observed raised a big question mark on basic principle of market economy.
These observations can be aptly summed up in the words of Gandhi where he contented that commerce without morality and politics without principles are sins.

Q2: "Max Weber said that it is not wise to apply to public administration the sort of moral and ethical norms we apply to matters of personal conscience. It is important to realize that the state bureaucracy might possess its own independent bureaucratic morality.” Critically analyse this statement.
Ans: According to Weber, there is a popular perception that public experiences a sense of personal frustrations in its dealing with state bureaucracy. However, such frustration is a by-product of the achievement of other objectives that the public also values highly such as desire to ensure fairness, justice and equality in treatment of citizens – a crucial qualitative feature of modern government that is largely taken for granted. For example, sometimes the detailed information that offends or irritates the individual from whom it is requested is exactly the requirement of efficient and effective administration. This implies that an office-ridden, form ridden, regulation ridden existence is largely in evitable as long as one wants a modern and democratic government.
However, this idea that bureaucracy might be a substantive ethical domain in its own right has been criticised as being inherently unethical. This one sided rationality sustains itself through repressing and marginalising of values. This results in the bureaucracy developing into an elite class at the cost of other sections of the society.

Q3: Anger is a harmful negative emotion. It is injurious to both personal life and work life.
(a) Discuss how it leads to negative emotions and undesirable behaviours.
(b) How can it be managed and controlled?
Ans: (a) Anger is an emotion characterized by antagonism toward someone or something you feel has deliberately done you wrong. For many people anger results in negative emotions like irritability, rage, wrath, stress, resentment, hate, loss of confidence, depression etc. Further, anger prevents logical thinking. Usually decisions made in anger are made in haste, and don't hold up well to the light of day. One almost always regrets things said or done in anger.
(b) Uncontrolled anger can lead to several problems—problems at work, in one’s personal relationships, and in the overall quality of one’s life. It is therefore important to manage anger before it leads to other serious problems.
For this, it is essential to understand one’s anger and why it happens. It is about learning and practicing better ways of expressing anger, and knowing how to prevent it from occurring in the first place. Specifically, anger management is about knowing the triggers and early warning signs of anger, and learning techniques to calm down and manage the situation before it gets out of control. A common strategy for managing anger is to distract one's mind from the situation. Try taking long deep breaths, counting to ten, playing soothing music, talking to a good friend etc.

CASE STUDIES

(1) You are working as an executive in a nationalised bank for several years. One day one of your close colleagues tells you that her father is suffering from heart disease and needs surgery immediately to survive. She also tells you that she has no insurance and the operation will cost about 10 lakh. You are also aware of the fact that her husband is no more and that she is from a lower middle class family. You are empathetic about her situation, However, apart from expressing your sympathy, you do not have the resources to fund her. A few weeks later, you ask her about the well-being of her father and she informs you about his successful surgery and that he is recovering. She then confides in you that the bank manager was kind enough to facilitate the release of Rs 10 lakh from a dormant account of someone to pay for the operation with a promise that it should be confidential and be repaid at the earliest. She has already started paying it back and will continue to do until it is all returned.
(a) What are the ethical issues involved?
(b) Evaluate the behaviour of the bank manager from an ethical point of view.
(c) How would you react to the situation?
Ans: Ethical issues involved:

• The bank manager's compassionate act of facilitating the release of funds from a dormant account for a colleague's father's surgery, with a promise of confidentiality, raises concerns about fairness, equity, and transparency.
• While the gesture is commendable, it potentially bypasses established banking procedures, possibly constituting an abuse of authority.
• The lack of transparency raises questions about equal treatment of customers. Ensuring timely and fair repayment of the borrowed funds is an ethical responsibility. The colleague's disclosure of the source of the funds also challenges confidentiality.

Evaluation of behaviour of the bank manager:

• The bank manager's behavior in facilitating the release of funds from a dormant account to help a colleague's father's surgery displays commendable compassion and empathy, reflecting positively on ethical grounds.
• Upholding confidentiality aligns with fundamental banking principles, fostering trust.
• This situation underscores the importance of adhering to established banking procedures and promoting equitable treatment of all clients. It also emphasizes the need for clear ethical guidelines and robust accountability in financial institutions.

How would you react to the situation?

• In this situation, my response would be empathetic and supportive towards my colleague, acknowledging the challenges she faces with her father's health and financial situation.
• I would express my concern for her well-being and her father's recovery. I would also emphasize the importance of adhering to ethical and legal standards in financial transactions.
• I would encourage her to ensure that all actions, including the use of dormant account funds, are in compliance with banking regulations and conducted transparently.
• I would offer guidance on seeking appropriate channels for financial assistance, so that she can repay the dormant account money ensuring fairness and accountability in the process.

(2) Prabhat was working as Vice President (Marketing) at Sterling Electric Ltd., a reputed multinational company. But presently the company was passing through the difficult times as the sales were continuously showing downward trend in the last two quarters. His division, which hitherto had been a major revenue contributor to the company's financial health, was now desperately trying to procure some big government order for them. But their best efforts did not yield any positive success or breakthrough. His was a professional company and his local bosses were under pressure from their London-based HO to show some positive results. In the last performance review meeting taken by the Executive Director (India Head), he was reprimanded for his poor performance. He assured them that his division is working on a special contract from the Ministry of Defence for a secret installation near Gwalior and tender is being submitted shortly.
He was under extreme pressure and he was deeply perturbed. What aggravated the situation further was a warning from the top that if the deal is not clinched in favour of the company, his division might have to be closed and he may have to quit his lucrative job. There was another dimension which was causing him deep mental torture a and agony. This pertained to his personal precarious financial health. He was a single earner in the family with two school-college going children and his old ailing mother. The heavy expenditure on education and medical was causing a big strain to his monthly pay packet. Regular EMI for housing loan taken from bank was unavoidable and any default would render him liable for severe legal action. In the above backdrop, he was hoping for some miracle to happen. There was sudden turn of events. His secretary informed that a gentleman-SubhashVerma wanted to see him as he was interested in the position of Manager which was to be filled in by him in the company. He further brought to his notice that his CV has been received through the office of the Minister of Defence. During interview of the candidate-Subhash Verma, he found him technically sound, resourceful and experienced marketeer. He seemed to be well-conversant with tendering procedures and having knack of follow-up and liaising in this regard. Prabhat felt that he was better choice than the rest of the candidates who were recently interviewed by him in the last few days. Subhash Verma also indicated that he was in possession of the copies of the bid documents that the Unique Electronics Ltd. would be submitting the next day to the Defence Ministry for their tender. He offered to hand over those documents subject to his employment in the company on suitable terms and conditions. He made it clear that in the process, the Sterling Electric Ltd. could outbid their rival company and get the bid and hefty Defence Ministry order. He indicated that it will be win-win situation for both-him and the company. Prabhat was absolutely stunned. It was a mixed feeling of shock and thrill. He was uncomfortable and perspiring. If accepted, all his problems would vanish instantly and he may be rewarded for securing the much awaited tender and thereby boosting company's sales and financial health. He was in a fix as to the future course of action. He was wonder-struck at the guts of Subhash Verma in having surreptitiously removing his own company papers and offering to the rival company for a job. Being an experienced person,he was examining the pros and cons of the proposal/situation and he asked him to come the next day.
(a) Discuss the ethical issues involved in the case.
(b) Critically examine the options available to Prabhat in the above situation.
(c) Which of the above would be the most appropriate for Prabhat and why?
Ans: Various possible stakeholders in the above discussed case study-

• Prabhat as a vice president (Marketing) at Sterling Electric Ltd.
• Interest of Sterling Electric Ltd.
• Subhas Verma vs unique electronics ltd.
• Prabhat and his serious family responsibility.
• Ministry of Defence and its contract (National security).

(A) Ethical Issues involved in this case-

• Professional ethics vs personal ethics-Professional ethics demands to stick over the rules of professionalism. Subhas Verma's offer of handing over secret document is violation of professional ethics as well as personal integrity. If Prabhat accepts the offer, then it will also be considered as violation of professional ethics and personal ethics.
• Integrity and trust issue with Subhas Verma-if Subhas Verma can cheat with his current company for the gain of managerial post, then what is guarantee that he will not cheat this company for further higher gains?
• Issues of corporate ethics violation- if Prabhat accepts the Subhas's secret documents and offer him as Manager post. Then this will be the case of serious violation of corporate ethics. This violation is entitled to legal battle if these things disclosed in public.
• Issue of conflict of conscience with Prabhat- Responsibility of two school going children and old ailing mother are prime concerns of Prabhat. Pressure of Job insecurity and serious family responsibility creates a conflict situation in his conscience.
• End vs Means –if Prabhat accepts subhas Verma's secret documents then it will be the clear case of achieving the end goal by using wrong means.
• Self- Interest vs Morality- Subhas Verma's offer of handing over the secret document to Prabhat for gaining managerial post is an act of selfishness at the cost of public morality.

(B) Options available to Prabhat-

1. Prabhat can appoint Subhas Verma as Manager and submit tender bid with the help of Subhas's secret documents

Merits-

• Prabhat's company can be awarded much awaited tender.
• Sales and financial health of Prabhat's company can be improved.
• Prabhat’s lucrative job would be safe and secure. He can get further promotions.
• There will be no hardness in the life of Prabhat's old ailing mother and his two school going children.
• Subhas Verma can get a managerial job.

Demerits-

• There are integrity and probity issues with Subhas Verma. Prabhat's trust in Subhas Verma can create potential future risk to company.
• If the activity leakage of secret documents disclosed anyhow then legal case can be imposed on Prabhat along with his company and Subhas Verma.
• The reputation and image of Prabhat’s company can be damaged if exchange of documents things disclosed in public.
• This is critical defence project, so any wrongdoing and document fraud in tender can entitled to serious national security risk.

2. Prabhat can reject Subhas Verma's application and submit bid with outmost probity and wait for result. He should appoint a quick response team to search new opportunities to boost up company’s financial health as a plan B.

Merits-

• Prabhat can save himself and his company from future potential risk.
• Prabhat and his company can be safe and secure from possible legal issues.
• Prabhat would set an example of excellent corporate ethics and outmost probity.
• Prabhat can save nation from potential national security risk by rejecting Subhas Verma's offer.

Demerits

• Prabhat’s company can fail to secure much awaited tender.
• Prabhat’s could lose his lucrative job, so his school going children and old ailing mother can face some hardships due to job loss.
• Sales and the financial health of his company could be poorer.

3. Prabhat can apply for leave
Merits-

• If leave granted, then
• He can save himself from conflict of conscience.
• His accountability and answerability can be shifted.

Demerits

• If tender fails, then his department can be closed and he can lose his job.
• His company’s financial health and sales can be poorer.
• His family can face hardships.

4. Prabhat can search for new job options

Merits-

• If get instant job offer, then
• He can work with outmost probity and without any job insecurity pressure.
• Citing trust issues, he can softly reject the Subhas Verma’s offer.
• He can set an excellent example of upholding the corporate ethics standards and personal integrity.
• He can save his family from facing any hardship in future.

Demerits-

• It will pose question about his loyalty towards company in needy time.
• It can be the case that he might not get as lucrative job as he is in now.
• Company can stay his saving and other emoluments which are held under company's possessions.

(C) Most appropriate option for Prabhat-

• Prabhat can reject Subhas Verma's application and submit bid outmost probity and wait for result and He should appoint a quick response team to search new opportunities to boost up company’s financial health as a plan B.
• Citing some trust and integrity issue with Subhas Verma, Prabhat should reject the offer of Subhas Verma and his candidature as a managerial post. He should send a strict warning to subhas Verma and tell him about possible course of legal action can be taken against him.
• Prabhat should work very hard to get tender, because tender bid is in very nascent phase so he should not reach any conclusion. He should do all possible research and work harder to submit his tender with all sets of professionalism. Then wait for result. As plan B he can appoint a quick response team to swiftly search some new opportunities to boost up financial health of his company. He should convey this plan and strategy to his higher officials. If tender results do not come in favour, then he can introduce plan B.

It will help in many ways-

• He can set an example of outmost professionalism and personal integrity.
• He can save nation from possible potential national security risk.
• He can stick to the wisdom of right means for right Goal.
• Morality will win over self-interest.

Although Prabhat is single earner in his family of two school going children and old ailing mother along with serious economic concerns in life but he should choose integrity, probity, morality and national interest over greed, wrong means and self-interest.

(3) Sunil is a young civil servant and has a reputation for his competence, integrity, dedication and relentless pursuit of difficult and onerous jobs. Considering his profile, he was picked up by his bosses to handle a very challenging and sensitive assignment. He was posted in a tribal dominated district notorious for illegal sand mining. Excavating sand from river belt and transporting through trucks and selling them in black market was rampant. This illegal sand mining mafia was operating with the support of local functionaries and tribal musclemen who in turn were bribing selected poor tribals and had kept the tribals under fear and intimidation.
Sunil being a sharp and energetic officer immediately grasped the ground realities and the modus operandi followed by the mafia through their devious and dubious mechanism. On making inquiries, he gathered that some of their own office employees are in hand and glove with them and have developed close unholy nexus. Sunil initiated stringent action against them and started conducting raids on their illegal operations of movement of trucks filled with sand. The mafia got rattled as not many officers in the past had taken such strong steps against the mafia. Some of the office employees who were allegedly close to mafia informed them that the officer is determined to clean up the mafia’s illegal sand mining operations in that district and may cause them irreparable damage.
The mafia turned hostile and launched counter-offensive. The tribal musclemen and mafia started threatening him with dire consequences. His family (wife and old mother) were stalked and were under virtual surveillance and thus causing mental torture, agony and stress to all of them. The matter assumed serious proportions when a muscleman came to his office and threatened him to stop raids, etc., otherwise, his fate will not be different than some of his predecessors (ten years back one officer was killed by the mafia).
(a) Identify the different options available to Sunil in attending to this situation.
(b) Critically evaluate each of the options listed by you.
(c) Which of the above, do you think, would be the most appropriate for Sunil to adopt and why?
Ans: The above case is about the contemporary issue of illegal sand mining, exploitation of tribal people by a few groups as well as prevalence of corrupt practices in the administrative domain.

Various stakeholders which can be identified are:
Sunil (a young civil servant)
Sand mafia group
Local functionaries and tribal musclemen (helping sand mafia)
Sunil’s family
(a) The different options available to Sunil are:
Option 1: Take actions against the mafia, local functionaries, his corrupt employees. He can ask for adequate protection by the police personnel.
Option 2: Withhold steps and can continue his work in the office without doing anything stringent.
(b) The above options can have the following consequences:
Option 1
Merits:

• Action as per law is ensured in the tribal dominated district.
• Act as check and balance to administrative corruption prevalent in government office/department.
• Adequate security by police personnel to his family may give him a sense of security.

Demerits:

• Danger to Sunil’s family may aggravate.
• Involvement of some employees of his office may hinder the progress of the case.

Option 2

Merits:

• Reduction of fear from the sand mafias as Sunil withheld further action.

Demerits:

• It will come at the cost of degrading the law of the land.
• Propensity of illegal sand mining will further damage the environment.
• Goodwill of Sunil amongst his officer will drastically reduce.
• Boost up the morale of tribal musclemen and local functionaries.

(c) Sunil should adopt the first option. This is owing to the following reasons:

• The decision will be in accordance with the provisions of the Panchayats (Extension of Scheduled Areas) Act, 1996 and Forests Rights Act, 2006.
• This will ensure that he does his duty with utmost sincerity while checking corruption.
• It will also protect the environment as well as the issue of local tribals.
• It will also strengthen Sunil image of a young and energetic officer who upholds the law.