ETHICS IN GOVERNANCE

When we talk about ethics in governance, we should be very clear

that the following are responsible for ensuring ethical conduct in governance :- a) Politicalb) Bureaucracy including law enforcementc) Strong Military: To enforce the will of the Nation – Give
examples of Nagaland NSCN (I & M) OP ORCHID, J & K, OP RAKSHAK
and OP PAWAN.
2. Why is it that in all
examples of Nagaland NSCN (I & M) OP ORCHID, J & K, OP RAKSHAK and OP PAWAN. 2. Why is it that in all Opinion Polls conducted in the country, the
Armed forces ( Armed forces (Army, Navy and Air forces) are always in the first position
and politicians the last ?
and politicians the last ?(a) CORRUPTION:Elimination of corruption is not only a moral imperative but an economic necessity for a nation aspiring to catch up with the rest of the world. The six perceived governance quality measures, each an aggregate of a number of sub-measures, are: voice and accountability; absence of2political instability and violence; government effectiveness; reasonableness of the regulatory burden; the rule of law; and the absence of graft. Of
these, the last two are the most directly significant in the context of ethical
governance.

these, the last two are the most directly significant in the context of ethical governance. 'Rule of law' measures whether crime is properly punished or
not; enforceability of contracts; extent of black market; enforceable rights of
property; extent of tax evasion; judiciary's independence; ability of business
and people to challenge government action in courts etc.
not; enforceability of contracts; extent of black market; enforceable rights of property; extent of tax evasion; judiciary's independence; ability of business and people to challenge government action in courts etc. 'Absence ofgraft' measures relative absence of corruption among government, political
and bureaucratic officials; of bribes related to securing of permits and
licences; of corruption in the judiciary; of corruption that scares off foreign
investors.
and bureaucratic officials; of bribes related to securing of permits and licences; of corruption in the judiciary; of corruption that scares off foreign investors.(b) INTEGRITY:Integrity is much more than financial honesty. Public office should be treated as a trust. There are two facets to corruption: (1) the institution which is highly corrupt; (2) individuals who are highly corrupt. Building trust and confidence requires an environment where there is a premium on transparency, openness, boldness, fairness and justice.
We should encourage this.
We should encourage this.(c) GOOD GOVERNANCE & ETHICS: IF I WAS TO DEFINE BOTH, ITWOULD BE ;-Good governance is ideally suited for a country like India where
many of our present day players in governance do not adhere to any
principle and ensure only their own interests.
many of our present day players in governance do not adhere to any principle and ensure only their own interests.Ethics is a set of standards that helps guide conduct.
3(d) INCOMPETENCE:While it may not always be possible to establish the criminal offence of misappropriation in a court of law, the Government servant can still be removed from service for causing serious monetary loss to the State. An engineer may have deliberately permitted the construction of a defective irrigation dam or building. It may not be possible to get him convicted in court on charges of corruption but he could be removed from service on grounds of incompetence. A tax official may have connived to allow the
leakage of revenue for return favours in the future. Such conduct may not
provide the ingredients of a criminal offence but can lead to his exit from
service.
leakage of revenue for return favours in the future. Such conduct may not provide the ingredients of a criminal offence but can lead to his exit from service.(e) ETHICAL BEHAVIOUR:Ethics is a set of standards that society places on itself and which helps guide behavior, choices and actions. The crux of ethical behavior does not lie in bold words and expressions enshrined as standards, but in their adoption in action, in sanction against their violations, in putting in place competent disciplinary bodies to investigate allegations of violations and impose sanctions quickly and in promoting a culture of integrity. Corruption is an important manifestation of the failure of ethics. If good behaviour is consistently rewarded and bad behavior consistently punished, the bulk of the people follow the straight and narrow path. However, if good behavior is not only not rewarded, but is actually fraught with difficulties and bad behavior is not only not punished, but is often extravagantly rewarded, then the bulk of the people tend to stray from the honourable path.(f) BRITISH LEGACY:In our society, corruption and abuse of office has been aggravated by three factors. First, there is a colonial legacy of unchallenged authority and propensity to exercise power arbitrarily. In a society which worships power, it is easy for public officials to deviate from ethical conduct. Second, there is enormous asymmetry of power in our society. Nearly 90% of our people are in the unorganized sector. Quite a number of them lead a precarious existence, depending on subsistence wages with no job security. And nearly 70% of the organized workers with job security and regular monthly wage are employed by the state directly or through public sector undertakings. Almost all these employees are 'educated' in a largely illiterate and semiliterate society and economically even the lowliest of public servants are better off than most people in the country. What is more, their employment in government comes with all the trappings of power. Such asymmetry of power reduces societal pressure to confirm to ethical behaviour and makes it easy to indulge in corruption. Over regulation, severe restrictions on economic activity, excessive state control, near-monopoly of the government in may sectors and an economy of scarcity all created conditions conducive to unbridled corruption. In addition, many state subsidies and beneficiary-oriented programmes has enhanced opportunities to indulge in corruption and reduced the citizens capacity to resist extortionary demands.(g) QUALITY OF POLITICS:Perhaps the most important determinant of the integrity of asociety or the prevalence of corruption is the quality of politics.(i) All forms of corruption are reprehensible and we need to promote a culture of zero-tolerance of corruption. But some forms of corruption are much more pernicious than others and deserve closer attention. In a vast majority of cases of bribery, the citizen is a victim of extortion and is compelled to pay a bribe in order to get a service to which he is entitled. Experience has taught most citizens that there is a vicious cycle of corruption operating and they often end up losing much more by resisting corruption. Delays, harassment, lost opportunity, loss of precious time and wages, uncertainty and, at times, potential danger of loss of lifeor limb could result from resistance to corruption and noncompliance with demands. (Give example of honest civilservants being killed. Sand Mafia, Quarrying, etc.) In such
cases, the citizen is an unwilling victim of coercive corruption. But
there are several cases of collusion between the bribe giver and
corrupt public servant. In such cases of collusive corruption, both
parties benefit at immense cost to society. Awarding of contracts
for public works and procurement of goods and services,
recruitment of employees, evasion of taxes, substandard projects,
collusive violation of regulations, adulteration of foods and drugs,
obstruction of justice and concealing or doctoring evidence in
investigation are all examples of such dangerous forms of
corruption. As the economy is freed from state controls,
extortionary corruption declines and collusive corruption tends to
increase. We need to fashion strong and effective instruments to
deal with this growing menace of collusive corruption, which is cases, the citizen is an unwilling victim of coercive corruption. But there are several cases of collusion between the bribe giver and corrupt public servant. In such cases of collusive corruption, both parties benefit at immense cost to society. Awarding of contracts for public works and procurement of goods and services, recruitment of employees, evasion of taxes, substandard projects, collusive violation of regulations, adulteration of foods and drugs, obstruction of justice and concealing or doctoring evidence in investigation are all examples of such dangerous forms of corruption. As the economy is freed from state controls, extortionary corruption declines and collusive corruption tends to increase. We need to fashion strong and effective instruments to deal with this growing menace of collusive corruption, which isundermining the very foundations of our democracy and endangering society. (ii) Ethics in governance, however, has a much wider import than what happens in the different arms of the government. An acrossthe-board effort is needed to fight deviations from ethical norms. Such an effort needs to include corporate ethics and ethics in business; in fact, there should be a paradigm shift from the pejorative 'business ethics' to 'ethics in business'. There is need for ethics in every profession, voluntary organization and civil society structure as these entities are now vitally involved in the process of governance. Finally, there should be ethics in citizenbehavior because such behavior impinges directly on ethicsin government and administration.
(A) Vigilance and Corruption:Strengthening pro-active vigilance to eliminate corruption and harassment to honest civil servants including, wherever necessary, limiting executive discretion. (Give example ofDr. Ashok Khemka, IAS).Addressing systemic deficiencies manifesting in reluctance
to punish the corrupt.
to punish the corrupt. a) Identify procedures, rules and regulations and factors
which lead to corruption
which lead to corruptionb) Measures to combat corruption and arbitrary decision
making, and
making, andc) Framework for their periodical review in consultation with
the stakeholders. the stakeholders.(B) Relationship between Political Executive and Permanent Civil
Services:
Improvements in the institutional arrangements for smooth,
efficient and harmonious relationship between civil service and
the political executive.
Services: Improvements in the institutional arrangements for smooth, efficient and harmonious relationship between civil service and the political executive.(C) Code of Conduct for different organs of Government:
(h) Suggested measures to improve:Criminalization of politics – Participation of criminals in the
electoral process - is the soft underbelly of our political system.
a) Disclosure of Antecedents of Candidates;
b) Disqualification of Persons Convicted of Criminal Offence;
c) Enforcement of the Code of Conduct;
d) Free and fearless polling;
e) Reduction in size of Council of Ministers;
f) Reform of Political Funding;
g) Tightening of anti-defection law
electoral process - is the soft underbelly of our political system. a) Disclosure of Antecedents of Candidates; b) Disqualification of Persons Convicted of Criminal Offence; c) Enforcement of the Code of Conduct; d) Free and fearless polling; e) Reduction in size of Council of Ministers; f) Reform of Political Funding; g) Tightening of anti-defection law(i) WHAT CONSTITUTES ETHICAL STANDARDS:One of the most comprehensive statements of what constitutesethical standards for holders of public office came from theCommittee on Standards in Public Life in the United Kingdom,popularly known as the Nolan Committee, which outlined thefollowing seven principles of public life:1. Selflessness: Holders of public office should take decisions solely
in terms of public interest. They should not do so in order to gain in terms of public interest. They should not do so in order to gainfinancial or other material benefits for themselves, their family or their friends. 2. Integrity: Holders of public office should not place themselves
under any financial or other obligation to outside individuals or
organizations that might influence them in the performance of their
official duties.under any financial or other obligation to outside individuals or organizations that might influence them in the performance of their official duties. 3. Objectivity: In carrying out public business, including making
public appointments, awarding contracts or recommending
individuals for rewards and benefits, holders of public office should
make choices on merit. public appointments, awarding contracts or recommending individuals for rewards and benefits, holders of public office should make choices on merit. 4. Accountability: Holders of public office are accountable for their
decisions and actions to the public and must submit themselves to
whatever scrutiny is appropriate to their office. decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office. 5. Openness or Transparency: Holders of public office should be as
open as possible about all the decisions and actions they take.
They should give reasons for their decisions and restrict
information only when the wider public interest clearly demands. open as possible about all the decisions and actions they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands. 6. Honesty: Holders of public office have a duty to declare any
private interests relating to their public duties and to take steps to
resolve any conflicts arising in a way that protects the public
interest. private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest. 7. Leadership: Holders of public office should promote and support
these principles by leadership and example. these principles by leadership and example.JUST WARGIVE EXAMPLE OF JUST WAR- 1948 (Yes)- 1965 (Yes)- 1971 (No but great victory)- 1999 (Yes)Ethics for Armed ForcesThere are a number of definition implefying what is a JUST WAR one such definition is :- 1) In self-defense, as long as there is a reasonable possibility of success. 2) Preventive war against a tyrant who is about to attack. 3) War to punish a guilty enemy. 4) Once war has begun, there remain moral limits to action. For example, one may not attack innocents or kill hostages. 5) It is obligatory to take advantage of all options for dialogue and negotiations before undertaking a war; war is only legitimate as a last resort. 6) The damage inflicted by the aggressor on the nation or community of nations must be lasting, grave and certain. 7) All other means of putting an end to it must have been shown to be impractical or ineffective. 8) There must be serious prospects of success. 9) The use of arms must not produce evils and disorders graver than the evil to be eliminated. Invasion of IRAQ by US. 10) Fair treatment of prisoners of war. 11) Adherence to GENEVA CONVENTIONS.CONCLUSIONIndians have always valued a world beyond the material and have embraced spiritualism as a way of life. Instances abound in our epics of good behaviour, of the triumph of good over evil, of the wisdom of sages. Stories of the honesty, generosity and piety of legendry kings such as Vikramaditya, are told to our children even today. There is no reason why Ram Rajya cannot be attempted. In modern India, poverty, insufficiency and class conflicts are slowly giving way to a confident, inclusive, empowered India. On the Transparency International's Corruption Index, India's position has improved significantly, and hopefully will continue to do so. The vigilance of our enlightened people will ensure this. A more corruption free regime would lead to a much higher rate of growth of our GDP, bring an overall improvement in the economy and lead to greater transparency in government actions in serving its people. All this, in turn, will lead to greater empowerment of the people – the core need of a vibrant democracy.