GS4 PYQ (Mains Answer Writing): Ethics Case Study - 10 | UPSC Mains Answer Writing: Practice PDF Download

In recent times, there has been an increasing concern in India to develop effective civil service ethics, code of conduct, transparency measures, ethics and integrity systems and anti-corruption agencies. In view of this, there is a need being felt to focus on three specific areas, which are directly relevant to the problems of internalizing integrity and ethics in the civil services.
These are as follows:
1. Anticipating specific threats to ethical standards and integrity in the civil services,
2. Strengthening the ethical competence of civil servant and
3. Developing administrative processes and practices which promote ethical values and integrity in civil services.
Suggest institutional measures to address the above three issues.(UPSC MAINS GS4)

In most countries today there are increasing expectations from ordinary citizens, business leaders and Civil Society that Governments will establish and deliver higher standards of ethicality and integrity in the Civil Service, agencies of government (Ministries and parastatals), and Government itself. There is now a need to concentrate on three areas of concern in particular, which are directly relevant to the problems of internalising integrity and Ethics in democratic governments and the Civil Service. 

• Anticipating specific threats to ethics standards and integrity in the public sector 
• Strengthening the ethical competence of civil servants, and strengthening mechanisms to support “professional ethics” 
• Developing administrative practices and processes which promote ethical values and integrity Attention needs to be paid to systemic threats that could weaken adherence to core public sector ethics values, and commitment to good governance, and to preparing the necessary political and management responses. 
• New techniques need to be undertaken to institutionalize ethically competent decision making, disinterested advice to Government, and, ultimately, an ‘ethical culture’ which supports professional responsibility, self-discipline, and support for the rule of law. 
• New and proposed pro-ethics laws require effective implementation through, for example, effective performance management techniques which support the entrenchment of the ethical values set out in Civil Service (and parastatals) Codes of Ethics. 

Institutional measures to deal with above three issues are as follows: 

• Effective laws which require civil servants to give reasons for their official decisions, (for example: a Freedom of Information law). 
• Management approaches which encourage all public officials and civil servants to deal positively with corruption and unethical practice when they encounter it. 
• ‘Whistleblower’ protection law to protect appropriate ‘public interest disclosures’ of wrongdoing by officials. 
• Ethics audits to identify risks to the integrity of the most important processes (for example financial management, tendering, recruitment and promotion, dismissal and discipline). 
• New Human Resource Management strategies (which link, for example, ethical performance with entry and advancement, and ethical ‘under-performance’ with disciplinary processes), merit based promotion and recruitment, antidiscrimination protections.
• Training and development in the content and rationale of Ethics Codes, the application of ethical management principles, the proper use of official power, and the requirements of professional responsibility. 
• Effective external and internal complaint and redress procedures. 
• It is now generally recognised that meaningful and enforceable Ethics codes, linked to systemic practices and procedures, based on legislation, and backed by management leadership and highlevel political commitment, and ongoing ‘professional ethics’ training, are essential. 
• Official decisions affected by ‘Maladministration’ may be reviewed independently, (for example by an Ombudsman, Administrative Appeals Tribunal or Court), and corrected. Officials responsible for maladministration may also be disciplined by their employer. 
• Failure to report known or reasonably suspected cases may be used as the grounds for disciplinary measures to be taken against civil servants. 
• The provision of FoI rights to citizens is now considered essential to ensuring accountability by public officials and Governments. 
• In some countries, citizens have an unqualified right, under law, to be advised of the reasons for any official decision of which they are directly the subject. This includes the right to be advised, at the time of the decision and in writing, of the evidence and other information taken into account by the decision maker, and of the procedure, if any, for having the decision reviewed. 
• All significant official decisions can be made subject to independent review, and effective administrative procedures (in particular the keeping of proper records), can be required to be maintained, so as to assist effective independent review. 
• In the interests of improving accountability and fostering the fight against corruption, some countries have passed laws to establish a right whereby a person may make a protected ‘public interest disclosure’ of any suspected or actual corruption, misconduct, or Maladministration by a civil servant or public official.