Ethics by JatinGupta
Ethics by JatinGupta
Class 01
INTRODUCTION :
Class 02
INTRODUCTION:--
SIGNIFICANCE OF COMPASSION (01:10 PM)
All the other values are meaningless without compassion.
The very purpose of Public services is to relieve the pain and the sufferings of other
individuals which is impossible to achieve without compassion.
For millions of citizens in India civil services are the end all of the government
interface.
To maintain their trust in the government showing empathy is of utmost importance.
We are often victims of prejudices in our society that can prevent us from effectively
helping others.
Such situations may be overcome by inculcating empathy and compassion.
The law must not be implemented only in letter but in its true spirit.
And for that empathy and compassion are indispensable.
It can play a crucial role in ensuring citizen-centric administration where the problems
of the citizens are kept at the centre of all the efforts by the government.
Swami Vivekanand said The poor, illiterate, ignorant, afflicted, let these be your god.
Know that service to these alone is the highest religion.
INCULCATING COMPASSION AS A VALUE IN THE CIVIL SERVANT (01:23 PM)
Organising regular field visits for civil servants.
Organising activities such as Bharat Darshan to cultivate interest in the culture of
other communities.
Organising role-play activities and tasks such as ones conducted at NPA Hyderabad.
Organising events such as janta darbar to get a first-hand perspective of the problems
of the people.
Organising sensitivity training for civil servants through the course of their careers.
OBJECTIVITY (01:32 PM)
Objectivity refers to taking decisions based on facts and figures and not as per
individuals' preconceived notions and prejudices.
It means not getting influenced by one's personal feelings.
and opinions.
Therefore one can say objectivity is the lack of bias and stereotypes in ones thinking
and decision making.
The opposite of objectivity is subjectivity which means taking decisions based on
one's biases.
Hurdles to objective decision-making.
Taking an objective approach is not possible all the time especially because of the
lack of availability of data in the government.
It may not be possible to remain objective all the time as human beings by nature are
biased and partisan.
Decision-making within the government is often driven by political considerations.
Therefore affecting rational decision-making.
Being objective may not be useful in certain situations, especially in resolving ethical
dilemmas.
Emphasising too much objectivity may lead to civil servants becoming insensitive and
therefore ignoring the genuine concerns of the citizens.
SIGNIFICANCE OF OBJECTIVITY IN THE CIVIL SERVICES (02:01 PM)
Civil servants often take decisions without the benefits of the hind sights and
objectivity can help in justifying the decisions at a later stage.
Taking decisions based on objective analysis can help in improving the probability of
success of the decision.
It gives a sense of fairness to the citizens and can play an important role in bridging
the trust deficit between the citizens and
C S are often involved in taking decisions related to recruitment in the government.
Relying on the objective approach can help in overcoming favouritism and nepotism
and therefore promote the merits of the civil services.
The misuse of discretionary powers can be limited and therefore minimise the
chances of corruption.
Ignoring relevant considerations can result in a situation where the policies that are
well intended may result in
INCULCATING OBJECTIVITY IN CIVIL SERVANT (01:21 PM)
Improving the quality of data available in the govt for decision-making.
Use of data analytics tools to help civil servants in decision-making.
Adopting the KPI/OKR approach that is prevalent in the corporate sector.
For the performance appraisal of civil servants.
Seeking feedback from the citizens on service delivery mechanisms., For example,
Bangalore municipal corporation initiated the citizen report card programme to seek
valuable inputs from the citizens on the services provided by various authorities.
S audit for inculcating objectivity in the civil services.
It should be institutionalised and should be made an inseparable part of service
delivery as has been done in the case of MG NREGA.
We may evolve a comprehensive code of conduct that should be followed diligently
by civil servants.
Courage:
It means doing one's duty without considering the consequences.
courage refers to the ability to take decisions and actions and stick to one's values
and principles even when there is the possibility of unfavourable outcomes.
Nelson Mandela says courage is not the absence of fear but the triumph over it.
Courage I the first of the human qualities because it guarantees adherence to other
values.
It helps individuals in taking ethically correct decisions, however tough the situation
and the circumstances.
IMPORTANCE OF COURAGE FOR CIVIL SERVICES (03:27 PM)
Civil servants often take difficult and unpopular decisions.
Showing courage can help them overcome such situations.
Financial irregularity has become part and parcel of the government and to be able to
expose them and bring out the truth requires courage.
Civil servants often face several temptations during their work.
Only courage can help them in sticking to their values and principles.
Courage is required for a well-functioning society as Napolean once said " The world
suffers a lot not because of the violence of the bad but because of the silence of the
good."
Civil Servants often face interference in their work from politicians.
Courage is important to withstand these pressures.
INCULCATION OF COURAGE (03:47 PM)
Enforcing a strong whistle-blower protection law so that honest officers can expose
the wrongdoings within the government.
As noted by The SC in the TSR Subramaniam case the process of appointment
postings and transfers of civil servants must be made a political by establishing an
independent authority to take decisions on such issues.
We may consider providing a fixed tenure for important postings and appointments as
suggested by the court wrt police in the Prakash Singh case.
The process of appointments to important constitutional positions such as EC, UPSC,
and Finance Commission must be made broad-based and free from the influences of
the executives.
Recognising or rewarding the acts of courage by honest civil servants.
We must inculcate the concept of critical thinking among young individuals at an early
age through school and college education.
Class 03
INTRODUCTION:-- DEDICATION TO PUBLIC SERVICE
Dedication to public service refers to the quality of applying one's time and attention
entirely to the cause of public service.
It refers to commitment and passion and a personal urge to do something for the
public good without any external force.
In other words, it refers to internalising the cause of public good.
IMPORTANCE OF DEDICATION TO PUBLIC SERVICE (01:26 PM)
The most fundamental objectives of civil services are to serve the people and to
contribute to the well-being of society.
This purpose will get defeated in case there is no dedication to public service.
Civil servants often face adverse situations and a shortage of resources within the
government.
To overcome such circumstances one should be willing to look beyond the
conventional solution to problems.
This can occur only when a person is dedicated to public service.
For example Armstrong Pame initiated building a road in one of the remotest
parts of the country with the help of public contribution.
Public servants require unending zeal and enthusiasm and without this value, Civil
servants would eventually run out of motivation.
The Job of a civil servant is a 24*7 job and an individual could sustain such long
hours only if one is dedicated to the cause of public service.
Civil servants enjoy broad discretionary powers that may be used for personal gains
without dedication to public service.
WAYS TO INCULCATE DEDICATION IN THE CIVIL SERVANTS: (01:36 PM)
1) Rewards & recognition to the best-performing officers to create inspiration for
others.
2) Organizing regular training sessions & exposure through field visits to sensitize the
civil servants towards the challenges the citizens face.
3) Inspiring young civil servants through anecdotes, examples & stories of
exemplary civil servants from the past.
4) We may adopt a performance-linked appraisals approach as in the Private Sector
and shrug off complacency in civil services.
5) Introduction of lateral entry in Civil services.
6) Seeking Public Feedback to identify dedicated Public Servants.
IMPARTIALITY & NON-PARTISANSHIP (01:42 PM)
Impartiality refers to the act of not supporting one person or group over the other.
And impartial Civil servants would give a fair chance to all sides without allowing
personal biases to creep into their actions.
Even though impartiality and non-partisanship are used interchangeably with each
other non-partisanship has a special meaning they connote apolitical behaviour by a
civil servant.
A civil servant is expected to remain politically neutral and execute the policies
irrespective of who is in power.
Significance of impartiality and non-partisanship:
It is a crucial component of maintaining trust between citizens and government
institutions.
Several problems such as Naxalism have emerged precisely due to the breakdown of
faith and trust in the government institutions.
Only when a Civil servant is non-partisan can he or she show courage to suggest
alternative policies to the political executive.
India is a society with diverse interests and communities.
A civil servant should be unbiased, especially in those situations where conflicts arise
between different communities.
Civil servants are supposed to play a transformative role in society which can not
happen with a biased mind.
In a democracy the most important decisions should be taken by the elected
representatives of the people.
And a civil servant should only be a tool for the execution of those decisions.
To do this effectively they should be as unbiased as possible.
Challenges faced by civil servants in maintaining political neutrality/non-
partisanship:
Lack of independence in deciding appointments postings and transfers of civil
servants.
Often Civil servants who do not toe the line of the political executive are given
punishment postings.
Inter-service and intra-service rivalry result in cutthroat competition between civil
servants and they often bend themselves to outperform the other.
Secretive nature of bureaucracy allows for nurturing a nexus between the civil
servants and industrialists.
Civil servants often try to provide an advantage to one group over the other to seek
illegitimate gratification from others.
The ministers often pressurize the civil servants to make such policies which can help
them in fulfilling their political goals
INCULCATING NON-PARTISANSHIP AND IMPARTIALITY IN THE CIVIL SERVICES
(02:20 PM)
It is important to make the process of appointments and transfers as apolitical as
possible.
We may consider setting up apolitical institutions such as civil services authority as
directed by the court in TSR Subramaniam Vs Union of India.
A mandatory cooling-off period may be prescribed for civil servants before making of
PVt sector jobs, further govt appointments and political positions.
Providing minimum or a fixed tenure for important postings and appointments.
The 2nd ARC has defined objectively defining the relationship between the Civil
Servants and the ministers with the help of a code of ethics drawn for the ministers to
minimise day-to-day interference in the functioning of Civil services.
We may lay down a comprehensive code of conduct for the civil servants and non-
adherence with the same entity.
At present provisions relating to acceptance of gifts within govt, are not enforced.
Hence there is a need to change.
A strong emphasis should be laid on inculcating ethical values by training young civil
servants under the guidance of retired senior civil servants of repute.
TOLERANCE (02:59 PM)
It means giving respect to the views and opinions of others even though they
may conflict with one's views.
According to UNESCO tolerance refers to respect acceptance and appreciation for
the rich diversity of our world's cultures.
It is a value that upholds individual thought na freedom and rejects dogmatism and
absolutism.
I disapprove of what you say but I will defend to the death your right to say it.
Significance of tolerance in civil services:
Freedom of speech and expression is the cornerstone of any democracy and crucial
for driving innovation and growth in society.
It can be protected only if tolerance is given importance.
Indian society is witnessing more conflicts with every passing day but the historical
experiences suggest that a long-lasting solution to any problem can be achieved only
through a dialogue-based approach.
For which tolerance is indispensable.
A public official to develop a deep understanding of societal issues must practise
tolerance.
He or she should be ready to challenge his ideas to develop a fresh perspective on
contemporary issues.
All India Civil servants need to serve culturally different sections of society.
And for this tolerance is important.
It can also help a civil servant in diversifying his views and opinions as well as
challenging his dogmatic ideas.
INCULCATING THE VALUE OF TOLERANCE IN THE CIVIL SERVICES (03:17 PM)
Exposures to different cultures and traditions through activities such as Bharat
Darshan and cultural events such as India Day.
Encouraging a culture of debate discussion and deliberation during the training so
that the civil servants can understand the importance of dissent and disagreement.
Organising team sports events to inculcate the value of tolerance and team spirit
among civil servants.
Regularly organising field visits and encouraging interactions from the different
sections of society.
HONESTY AND INTEGRITY (03:23 PM)
Honesty refers to the quality of being truthful and sincere in one's conduct.
It is an external concept and does not guarantee the highest standard of behaviour.
Integrity on the other hand is the mother of all values and refers to steadfast
adherence to values and principles irrespective of place and circumstances.
It means following the highest standard of behaviour and consistency in one's actions
and thoughts.
Integrity has the following aspects.
openly declaring one's stance.
Choosing the right conduct.
Acting consistently with the choice made even when it is inconvenient.
For example Gandhi ji withdrew NCM after the Chauri Chaura incident even
when the movement peaked.
Because he believed in the value of non-violence and was not ready to compromise
with it irrespective of the stakes involved.
Integrity implies adherence to several values including honesty.
Therefore one can say that honesty is a necessary though not a sufficient
criterion for integrity.
To be a person of integrity one has to be honest but being honest does not ensure
integrity.
For example accepting the one who has taken a bribe would be called an honest act.
But the person of integrity would not even consider taking a bribe.
Class 04
INTRODUCTION:-- SIGNIFICANCE OF INTEGRITY IN CIVIL SERVICES
Civil servants possess wide discretionary power and in the absence of integrity, even
a highly skilled officer would use it to benefit himself rather than for the public good.
Civil servants are role models for society and they need to set the right examples for
others.
Public officials with the image of integrity enjoy credibility in the eyes of the public.
And therefore they are more likely to be heard by the citizens.
without integrity, corruption thrives in society and other values also get compromised
in difficult circumstances.
If civil servants lack integrity various other values such as accountability get
compromised.
India suffers due to the limited availability of resources.
And integrity can ensure efficient utilisation of the same.
Without integrity in public services, people's faith in government may be eroded.
Only with integrity can civil servants deliver justice and build a welfare state.
INCULCATING INTEGRITY IN CIVIL SERVICES (01:25 PM)
Assigning mentors to young civil servants at the early stages of their careers to
develop the requisite skills to deal with difficult circumstances with the utmost
integrity.
Young Civil Servants should be provided with ethics training in areas such as ethical
decision-making dealing with conflict of interest and corruption cases.
This training must continue throughout their career to condition them over a long
period.
Exemplary punishment should be provided to the corrupt civil servants.
Inculcation of values and ethics at a young age in society with the help of school and
family.
For this, we must introduce relevant changes in legislation.
Providing incentives for officers showing the highest standard of ethical behaviour.
Encouraging and providing necessary tools to civil society to promote transparency
and accountability in civil services.
ETHICAL DILEMMAS IN PUBLIC SERVICES (01:43 PM)
An ethical dilemma is a situation in which a choice has to be made between two
morally valid options and it is difficult for the decision maker to choose one path.
Therefore an ethical dilemma can be described as a circumstance in which a choice
has to be made between a competing set of principles.
Civil servants often face ethical dilemmas during their work and neither the law nor
the rules provide a satisfactory answer in such situations.
Some of the ethical dilemmas faced by civil servants revolve around issues
such as :
1) Corruption.
2) Nepotism.
3) Favouritism.
4) Administrative discretion.
5) Public accountability.
6) Administrative Secrecy.
Examples of ethical dilemmas in public services:
1) Economic Development Vs. Ecological Concern: If environmental guidelines
provide that industries must establish waste treatment plants.
However exorbitant costs involved may result in mass layoffs and create economic
difficulties.
2) Budgetary constraints Vs. providing essential services to the citizens/idea of
the welfare state: Civil servants often need to balance budgetary constraints with
public demand for essential services such as health education etc.
He may also have to navigate a situation where one region has to be given
importance over the other.
3) Public opinion vs. expert opinion: Often civil servants have to face conflicts in
balancing public opinion with knowledge from experts.
4) Whistleblower's dilemma: Civil servants may face the dilemma of keeping some
information confidential where wrongdoing is involved.
Exposing it may conflict with their duty to maintain strict confidentiality, and the
interest of one's organisation and expose the person to potential retaliation.
5) Neutrality Vs Direction from political executive: Civil servants in usual
circumstances must remain neutral but they may land up in a dilemma when they face
pressure from political leaders to do something that may favour a political party.
6) Personal values Vs direction from supervisor: A police officer who believes in
nonviolent and a dialogue-based approach has been asked by the senior to use force
against an angry mob.
7) Personal values vs professional; values: A lawyer comes to about heinous crimes
committed by his client but conflicts with his values which do not allow him to promote
criminals and crime.
RESOLVING ETHICAL DILEMMA (02:15 PM)
Various principles or questions to be kept in mind to resolve ethical dilemmas:
If the ethical dilemma is what it appears to be and If one has adequate information
about the same.
Is the action which is being considered legal or ethical or both?
If one chooses a particular course of action, how would it make a person?
Who does the action benefit and who is at harm?
Would the action be embarrassing to the concerned person or the family and loved
ones of that person?
Do you understand the position of those who are opposing the action you are
considering?
A STEP-BY-STEP APPROACH TO RESOLVE AN ETHICAL DILEMMA (02:30 PM)
Identification of options available in the situation.
Analysing the consequences (Both Positive and negative) of choosing one over the
other.
Identification of various stakeholders, however, mere identification of stakeholders is
not enough and should be supplemented with these questions.
Who would benefit from choosing that course of action?
Which stakeholder would be negatively affected as a result of their actions?
What could be the short-term and long-term effects of the decision taken?
What is the scale of harm and benefits associated with various options?
After considering all the above options, which option would present the best
combination of maximization of benefits and minimisation of harms?
Analysing the action chosen based on certain moral principles such as honesty
integrity equality transparency fairness etc.
Analysing if the option violates ethical principles.
Ranking the ethical principles and values involved to finalise the action.
Evaluation of root causes that led to dilemmas and address the same so that such a
situation does not emerge in the future.
Tools that may aid in the resolution of ethical dilemmas:
Gandhi Ji's Talisman: According to it the interest of the poor and marginalised
must be given priority.
Identifying the dos and don'ts through service conduct rules.
Identifying the foundational values with the help of a code of ethics.
Relying upon the constitution to identify important constitutional goals and principles.
Taking the consequentialist approach o maximise the good for a maximum number of
people.
Taking the deontological approach to ensure that one follows one's duties irrespective
of the consequences.
ETHICAL GOVERNANCE (03:02 PM)
Ethical Governance refers to governance that is carried out by keeping ethical
concerns in mind.
Therefore, one may say that ethical governance is a step ahead of good governance
as it seeks to realise certain universally desirable values and not merely values of
administrative efficiency.
Elements of Ethical Governance:
Fairness and justice, Impartiality.
Integrity, Compassion.
Selflessness, Transparency.
Dedication to public services, Objectivity.
CHALLENGES IN ENSURING ETHICAL GOVERNANCE IN INDIA (03:22 PM)
Political challenges:
Excessive political interference in day-to-day administration where the emphasis is on
populist considerations rather than elements of ethical governance.
Even civil servants are more concerned with impressing their political bosses rather
than focussing on ethical considerations in administration.
The political executive often pressurizes civil servants to perform unethical tasks
contrary to the principles of ethical governance.
Institutional challenges:
The concept of career civil services compromises dedication to public services
resulting in complacency among civil servants.
Civil servants enjoy wide discretionary powers which often come without checks and
balances.
And in such situations, they end up exercising the power for their selfish interest.
Societal Challenges:
Declining morals and values in society have made civil servants more focused on the
accumulation of material resources rather than the cause of public service.
Even society has become more tolerant of unethical conduct and behaviour.
This has further disincentivised the civil services to focus on ethical behaviour.
Operational challenges:
In bureaucracy, secrecy is a norm and transparency is an exception.
That results in a lack of accountability and therefore breeds corruption.
Complex procedures have been designed to avoid errors in decision-making.
This often results in a lack of accountability and excessive delays in decision-making
further leading to loss of time and opportunities.
Civil servants often tend to develop a lack of empathy and compassion due to the
hierarchical nature of bureaucracy that creates distance between citizens and civil
servants.
As a result, they drift from the main goal of serving the people.
CODE OF ETHICS AND CODE OF CONDUCT (03:54 PM)
A code of conduct refers to a specific set of guidelines provided to the members of an
organisation concerning how they should conduct themselves in certain specific
situations.
One can say that the code of conduct defines dos and don'ts for civil servants.
In case an individual does not follow the code of conduct disciplinary action may be
taken against them.
For example, all India services conduct rules, 1968 lay down certain dos and don'ts
for the civil servants.
Civil servants are not supposed to be involved in criticism of government policy in any
form.
Rule 5 states that civil servants should not be associated with any political parties or
organisations involved in politics nor should they assist any political movement or
activity.
They are supposed to remain sober and not appear in public places in a state of
intoxication and use drinks and drugs in excess.
They should observe existing policies and laws regarding crimes against women.
Class 05
CODE OF CONDUCT: (COC)
The officer should manage their private affairs in financial matters in such a manner
as to avoid insolvency.
No member should abet giving or taking dowry.
Members should not engage directly or indirectly in any trade or business or any other
employment or participate in making sponsored media or any such programs.
Civil servants may accept from near relatives or friends gifts but must report if their
value exceeds Rs 25000.
In other cases, they should not accept gifts exceeding Rs 5000 without permission.
CODE OF ETHICS: (COE):
A loose set of principles that should guide the behavior of civil servants.
One may say that they are a general set of principles and values that should be
adhered to by the members of an organization.
They don't have any legal backing but are followed because of a moral force behind
them.
Ex- Code of Ethics may prescribe that civil servants should follow the principles of
transparency and accountability in the functioning of their office but there is no
specific definition of what transparency means nor is it legally enforceable.
Difference between COE and COC:
COE COC
Nature More generic in nature Specific in nature
Usually implicit in nature. explicitly states the dos and donts
Does not have any punishments Enforceable by the department and
Enforceability associated with it, only has a moral force minor punishments may be
behind it. imposed.
Focus Compliance with values and principles. Compliance of rules
Adopting COE can ensure long-term Can only guide the behavior of
Changes sustainable changes in the behavior of civil servants over a short period of
civil servants. time.
Class 06
INTRODUCTION:-- FACTORS LEADING TO CORRUPTION (01:10 PM)
Structural/Institutional Factors:
India has several complicated and outdated laws that create information asymmetry
resulting in hassle for the citizens in availing public services.,
As a result, they try to find easier ways to circumvent the system and get their work
done.
Civil servants have been provided with a lot of discretionary powers which are
accompanied by a lack of accountability and creating a conducive environment for
misuse of powers.
The degree of secrecy in decision making especially at a higher level of government
far exceeds any legitimate requirement for the same.
Several scams are made possible only because of a lack of transparency in official
deals.
The prevalence of licence Raj in several industries has ended up promoting a rent-
seeking attitude.
No law or rule compels public officials to disclose their incomes and assets to the
people.
In the absence of such requirements they are not held accountable and manage to
get away with corruption.
In India corruption is seen as low-risk and high-reward activity primarily due to an
ineffective criminal justice system.
And misuse of legal provisions by the corrupt which were intended to protect the
honest.
There are hardly any institutions where suffering members can complain about
corrupt and unethical acts of public officials.
Civil servants have a low image of themselves and in such situations, they make
peace with their corrupt behaviour as it suits their self-image.
The system has collapsed to such an extent that even the honest are not able to
retain idealism for a very long time.
acts of honesty and integrity are often served with adverse consequences.
Therefore demoralising the honest officers.
SOCIETAL FACTORS (01:39 PM)
Prevalent economic inequality is often given as justification for corruption.
Overall decline in morals and values of the society and as a result corruption has
become socially acceptable.
The arrogance shown by public officials through ostentatious displays of power is not
objected to by society.
Therefore promoting acceptance for achieving power for superficial reasons.
Ethics has become a casualty in the field of education.
Schools and colleges have become hot bed of violence and copying at examinations
has become a standard procedure.
Even the question papers and marks are on sale and the new generation brought up
in such an unethical environment can not inspire much hope for the future.
We live in a society driven by consumerism and individualism where the means to
achieve wealth do not matter.
Therefore compromising ideals.
POLITICAL FACTORS (01:55 PM)
Elections have become a costly business and political parties try and earn money
through corrupt means to acquire power.
As a result the politica becomes more a business than a public service and politicians
try to recover money once they assume power.
Since assuming power has become the most important factor in politics, political
parties do not refrain from defections and other scrupulous means which require
money and muscle power.
EFFECTS OF CORRUPTION (02:02 PM)
Political effects:
Lead to erosion of faith in the institutions of democracy and undermines the legitimacy
of government and undermines the values such as public trust.
Further encourages corruption as politicians try and earn back the money spent
during the elections.
Societal effects:
It drains the society of moral ethical physical and mental energy including the will of
the honest to withstand the wrongdoings in society.
It destroys the social capital and people end up becoming more distrustful of each
other.
Economic Effects:
Tax collection suffers as a large amount of money is siphoned off to offshore
accounts.
Discourages foreign investment as corruption adversely affects the ease of doing
business.
Distorts the level playing fields as firms with connections are shielded from
competition thereby promoting inefficiency.
It discourages innovation and the spirit of entrepreneurship.
It lowers compliance with regulations, therefore, reducing the quality of government
services and infrastructure.
Administrative effects of corruption:
It reduces accountability and further encourages corrupt behaviour.
Police misconduct to obtain financial benefits or career advancement affects
investigative reporting of crimes prosecution rendering the criminal justice system
ineffective.
Pub administration becomes ineffective resulting in the diversion of funds meant for
the poor.
Environmental effects:
It can have a detrimental effect on the environment since officials given the
responsibility of enforcing environmental regulations and laws can be easily bribed.
TYPES OF CORRUPTION (02:27 PM)
Coercive corruption:
In coercive corruption, the victim is forced to involve himself in a corrupt act to avail of
government services to which he or she is entitled.
The bribe giver is a victim of extortion because if he does not give in to the demand of
giving a bribe he faces the loss of opportunities harassment and possibly loss of work.
The money that is given as a bribe therefore is termed as spped money. A large part
of such corruption can be attributed to:
Lack of vigilance in public offices, absence of fear of laws and lack of legal awareness
among the citizens.
It can also be attributed to a mismatch in demand and supply of government services
and excessive discretion that has been placed in the hands of the officials.
Collusive corruption:
In this type of corruption both the bribe giver and the taker cheat the society.
The bribe giver can be said to be more guilty than the bribe taker.
It is often termed top-down corruption as it usually occurs in the higher echelons of
the government.
One may even call it big-ticket corruption.
Some scholars believe that it is a byproduct of the growth of the private sector as
various private players try to outgrow each other at the cost of the public.
Kickbacks received for public procurement distort the quality of services provided to
the citizens.
Similarly execution of substandard work by the contractor eat into the public
resources.
Which type of corruption is more harmful: Coercive or collusive:
Prevention of corruption act lays down acceptance of illegal gratification as an
offence.
But the law protects the bribe giver from prosecution if he accepts that he offered a
bribe.
As a result the rate of conviction in cases of coercive corruption is more than in
collusive corruption.
Also traps laid down by anti-corruption agencies are more effective in such cases.
In case of collusive corruption both the bribe giver and taker gain from the transaction.
Therefore it is more difficult to expose.
On the other hand coercive corruption is extremely difficult to monitor considering the
huge size of government machinery.
amount of resources and money involved in collusive corruption is huge and therefore
implies a greater loss to the exchequer.
Coercive corruption affects the citizen directly and adversely impacts the lowest strata
the most.
Coercive corruption is difficult to tackle as it becomes the way of life and people
gradually develop tolerance towards it.
On the other hand collusive corruption affects the public expenditure on various
welfare programmes and erodes the faith of the citizens in democratic institutions.
FORMS OF CORRUPTION (03:09 PM)
Bribery: It is a payment offered by the citizen or a businessman either voluntarily or
on demand of a public servant to exercise his power in taking decisions or performing
official duties in the favour of the bribe giver.
Patronage: It refers downright favouring of supporters with government employment.
Nepotism and Cronyism: In the former the relatives of the appointing authority to the
government positions are favoured over other capable candidates.
The latter favours personal friends or benefits of appointing authority.
Misappropriation of funds: Where funds meant for public purposes are siphoned off
into private accounts.
Kickbacks: It is a form of corruption where an official's share of misappropriated
funds from his organisation is allocated to another organisation involved in corrupt
bidding.
WAYS TO TACKLE CORRUPTION (03:22 PM)
Legal measures: Section 7 of the Prevention of corruption act,1986 should be
amended to include the offence of collusive bribery.
Collusive bribery may be defined as a transaction in which the transaction outcome
leads to loss for the state or public.
The definition of bribery and corrupt activities should be expanded to include acts
such as wasting public money, obstruction of justice, gross violation of constitutional
provisions etc.
Prior sanctions should not be necessary for prosecuting an official who has been
trapped red-handed.
Or possess assets disproportionate to known sources of income.
Corruption must be made a high-risk and no-gain activity
All ill-gotten money must be confiscated to be used for the public good.
To ensure a speedy trial of corruption cases all the cases must be tried by a particular
judge and proceedings should be held on a day-to-day basis.
We may also consider amending the provisions of the law to limit the time of trial in
corruption cases.
Changes should be made to the whistle-blower protection act to protect the anonymity
of the whistle-blower.
Institutional Measures:
A present the Lokpal is dysfunctional and there is a need to revise it consistently with
the commitment made at UNCAC.
Local body ombudsmen should be constituted for a group of districts to investigate
corruption cases against local body functionaries.
The provisions of the DSPE Act must be amended to free the CBI from government
control.
The prosecution in corruption cases should be done by a panel of lawyers to be
chosen by the attorney general after consulting the Lokpal.
Administrative measures:
An embargo should be put on post-retirement benefits and assignments for holders of
top positions in all national and sensitive institutions.
All appointments to public offices particularly at high places should ensure that no
person with doubtful integrity gets to.
Department manual should be revised thoroughly to reduce discretionary powers.
Risk profiling should be carried out for all the jobs to determine the offices that are
vulnerable to high risk of corruption.
Government organisations must simplify and streamline their processes and should
be suitably rewarded for the same.
Complete adoption of IT in all the government offices to implement the concept of the
paperless office.
The government should make it mandatory for the bidders of public projects to sign
integrity pacts.
ONGC signed an MOU with transparency international and CVC for this in 2006.
Societal measures:
Fundamental duties must be brought to life by imparting value education in schools.
Active involvement of CSOs to highlight the cases of corruption and keep a vigil on
government functionaries.
A mechanism should be evolved to solve allegations of corruption raised in the media
so that appropriate action can be taken.
Since social sanctions are far more effective than any law, society must ostracise
the corrupt to create a deterrent effect.
Class 07
Class 08