GS4 PYQ (Mains Answer Writing): Duties of a Public Servant, Morality of Actions | UPSC Mains: Ethics, Integrity & Aptitude PDF Download

(A) “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. (UPSC MAINS GS4)

• Things that are not expressly forbidden by law or by clear implication are allowed in public administration. If the action promotes good and is not proscribed by any law or is not covered potentially by possible implication of conflict of interest, then it is permitted.
• For public servants discharging their duties, the above statement provides a code of conduct for carrying out their responsibilities. ‘Everything which is not forbidden is allowed’ is also a constitutional principle of English law defining the essential freedom of citizens.
• The conduct of a civil servant should be free of bias and prejudice. The overriding motive should be ‘public interest’ and conflict of interest should be avoided. As such, doing a good thing is allowed if there is no law against it and if there is no potential or perceived conflict of interest
• For example, a public servant such as a District Magistrate endowed with the spirit of service may arrange for refreshment of senior citizens visiting the office for various services. Such a good gesture is not forbidden by law and does not appear to be influenced by any prejudice. Similarly, treating flood-affected victims with more kindness, empathy and understanding and going out of one’s way to help them as long as it does not violate any law is another case of an act within the ambit of the spirit of the statement.

Topics Covered - Duties of Public Servant

(B) With regard to the morality of actions, one view is that means is 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 (UPSC MAINS 2018)

• Most schools of thought accept a sharp dichotomy between ends and means. It has been observed that in the western tradition there is a tendency of claiming that the end entirely justifies the means – moral considerations cannot apply to the means except in relation to ends. Gandhi, however, rejects the dichotomy between means and ends and goes to the other extreme and states that it is means, rather than ends, that provide the standard of morality. 
• Although we can choose our ends, we do not have much control over it – we cannot know in advance whether these ends will be achieved. The only thing that is completely within our control is therefore the means with which we approach our various Ends. Both the views are appropriate depending on the situation and therefore there is no one size fits all approach. 
• For example, when police carries out fake encounters of criminals; the means is not ethical. Although they were criminals and a threat to society, the police does not have right to kill them. So, here ends achieved is unethical because means is not justifiable. 
• But during certain situations means may not be ethical, but ends matter more, like physical torture of a terrorist to know where he has planted bomb in the city. Here, although means (use of torture) is not ethical, but it is essential to know the whereabouts of bomb to prevent death of innocent people. Thus, the situation influences ends as well as means.

Topics Covered - Values