Ethics and Governance
The world at large, and India in particular, is plagued with poverty, unemployment, inequality, ill-health, illiteracy, degradation of human values, widespread unrest and conflict. Poverty is increasing, the gap between the rich and poor is widening, violence is on the upward trend and materialism, greed and corruption is rampant. Global warming and economic meltdown have made the situation worse. The last nail on the coffin is that terrorism, radicalization, extremism and mindless hate is causing deep fissures in the societal and national fabric.
Martin Luther King Jr had very aptly described the situation thus, “…material growth has been made an end in itself and the absence of moral purpose, man himself becomes smaller as the works of man become bigger.” Governance has to find its ‘moral purpose’ if solutions to the myriad problems that face us have to be found.
The situation as it exists today, however, is far from encouraging. Sh Agarwal himself, sums it up in one of his articles, “…neither the political heads nor the permanent civil administrators in our democracy enjoy any credibility or esteem of the people of India. They are generally viewed to be corrupt and self-serving. Welfare of the people and conduct of Government business with a sense of justice and fair play to all citizens advocated by the founding fathers of the Republic appear to have lost all relevance in the present-day administrative culture. Sanctity of public funds and their utilization for the public good are no longer of slightest concern”.
Justice Khanna, a legal luminary, laments in a similar vein, “Parochial interests, party interests, group interests, regional interests, individual interests are on occasions pressed and advocated with vehemence and fury, in utter disregard of other considerations. Only a few think of national interests. And in this grim and sordid interplay of conflicting interests and clash of personalities, no holds are barred and no scruples held sacrosanct”.
Justice Venkatachaliah, another legal luminary, sums up the sorry state of affairs, “…Citizenry has become hostile, belligerent, distrustful and alienated. Inactivity and insolence of power towards law-abiding citizens has irretrievably eroded the confidence of people in the system.”
Ethics in Governance has many facets and it is a multi-dimensional phenomenon. It includes legality of government action, rationality in policy and decision-making, evolving a sense of responsibility, ensuring accountability, strengthening work commitment, creating excellence, facilitating a spirit of individual and organizational goals, developing responsiveness, showing compassion, protecting the national interest, safeguarding the spirit of justice, bringing transparency and elevating integrity.
Governance implies service to the people. The measure of good governance is how far the government can improve the quality of life of people. Democracy, accountability, honesty, commitment to service are processes by which good governance is delivered. In brief, good governance is defined as the use of political authority and the exercise of control over society and the management of its resources for societal and economic development. Good government in practice would mean: political legitimacy for the government, through democratic elections, political opposition and representative government; accountability, through the provision of information, separation of powers, effective internal and external audit, low levels of corruption and nepotism; official competency such as having trained public servants, realistic policies and human rights as indicated by freedom of religion and movement, impartial and accessible criminal justice systems and the absence of arbitrary government power.
Experts agree that for good governance, inter alia the following of principles are paramount:
- Serving the Public Interest
Civil servants and public officials are expected to maintain and strengthen the public’s trust and confidence in government, by demonstrating the highest standards of professional competence, efficiency and effectiveness, upholding the Constitution and the laws, and seeking to advance the public good at all times. Dr Rajendra Prasad, the first President of India exhorts, “Administration, let it not be forgotten, is not an end in itself. It is essentially a means to an end which is promoting the welfare of the community. This can be achieved only if those entrusted with the task of administration undertake it in a spirit of public service. They must conduct themselves in a manner which inspires people’s confidence and cooperation”
Transparency
Civil servants and public officials are expected to use powers and resources for the public good, under government policy. They should be accountable for the decisions they make and prepared to justify their actions.
Integrity
Civil servants and public officials are expected to make decisions and act solely in the public interest, without consideration of their private interests. Public employment being a public trust, the improper use of a public service position for private advantage is regarded as a serious breach of duty. Dr S. Radhakrishnan, the philosopher President of India emphasizes this, “we should have administrative integrity first, efficiency next, economy third- with these conditions we will be able to build a happier Indian society.”
Legitimacy
Civil servants and public officials are required to administer the laws, and to exercise administrative power on behalf of the Government, or the Parliament, or other such authority. That power and authority should be exercised legitimately, impartially and without fear or favour, for its proper public purpose as determined by the Parliament or their employer.
Fairness
Civil servants and public officials should make decisions and act fairly and equitably, without bias or prejudice, taking into account only the merits of the matter, and respecting the rights of affected citizens. Emphasizing that “character” is the fundamental requirement of an administrator, C Rajagopalachari states, “the people want honest, efficient, prompt, just and sympathetic officers…” He continues, “for any administration to be good and efficient as a whole, we want the right type of men. The quality of the men placed in position is more important than the laying down of rules and methods of operation.”
Responsiveness
As agents and employees of the elected Government, Civil servants and public officials are required to serve the legitimate interests and needs of the Government, other civil servants, and all citizens, promptly, with care, respect and courtesy. Govind Vallabh Pant, as Home Minister laid out his vision for administrators- “the administrators will have to serve the people because that is the only purpose for which they can and they ought to exist. Every ounce of their energy, their intellect, their capacity has to be surrendered to the devoted service of their masters, the people. That has to be their all-consuming passion and their guiding mission”.
Efficiency and Effectiveness
Civil servants and public officials are required to obtain the best value for public assets deployed in or through public management, and to avoid waste and extravagance in expenditure and the use of public assets. Sardar Vallabhbhai Patel outlined the expectation from the civil service in the following words, “I need hardly emphasize that an efficient, disciplined and contented service assured of its prospects as a result of diligent and honest work is a sine qua non of sound administration…”
Justice V. R. Krishna Iyer sums up in what he terms “the trinity of values” the essence of good governance: one, that people, down to the humblest matter; two, that everyone who exercises power is an overt or covert surrogate of the people and three, that accountability is an inalienable imperative of public power
Stressing the importance of ethics, he concludes, “Public life and public law are a functional social coalition that must strictly observe ethics in public life, the erosion of which leads to the negation of liberty, equality and fraternity and promotes the pollution of an acquisitive society where the few enjoy patrician pleasures, corrupt the instrumentalities of governance and revel in authoritarianism with none to challenge their subversive operations.”
The founding fathers of our Constitution were clear that moral principles were basic for the creation of a just order. As Acharya Kriplani stated in the Constituent Assembly, “… what we have enunciated are not merely legal, constitutional and formal principles, but moral principles and moral principles have got to be lived in life. They have to be lived, whether it is in commercial life, political life or the life of an administrator. They have to be lived throughout.” There is no doubt ethics and morality have to become an essential part of public and private life.
Over the last few years, several measures have been initiated which have the potential to address the issues described above. Foremost, is the direction that the Government is setting for Governance. The mantra of reform, perform and transform to bring about:
- Less Government, More Governance
- Ease of living for the citizen
- Ease of doing business
are steps in the right direction. Concrete measures to usher in digital governance in all spheres of activity to increase transparency, accountability, reducing corruption and red-tape is definitely a positive development. Strengthening the RTI by providing for on-line filing has gone a long way in promoting transparency. Emphasis on citizen-oriented governance and prompt redressal of grievances through measures like on-line grievance redressal are also laudable. Faceless, digital tax administration is a giant step to root out harassment.
Similarly strengthening the fight against corruption on the one hand, while protecting the honest civil servants on the other through measures like amendments to the Prevention of Corruption Act, Whistle-blowers Protection Act, Fugitive Offenders Act and a series of Legislations aimed at curbing corruption; the operationalization of the Lokpal; proactive measures by the CVC like integrity pacts and preventive vigilance are very important steps that would promote ethical governance.
The weeding out of deadwood from the civil services; the rationalization of Service Rules and the deletion of outdated and obsolete laws are welcome measures. The continuous monitoring of programmes to ensure time-bound completion at the highest level is also a right step. The effort to bring in objectivity to career progression and placement of officers by a more rigorous process is also praiseworthy.
Above all, the effort to usher competency at the domain, functional and behavioural level and the paradigm shift from a rule-based to a role-based approach to human resource development through a comprehensive programme called the Mission Karmayogi is a step that is much necessary and long-awaited.
Jawaharlal Nehru, said at the dawn of independence, “the ambition of the greatest man of our generation has been to wipe every tear from every eye. That may be beyond us but as long as there are tears and suffering, so long our work will not be over.”
To achieve this the civil servant of the day has to be like our present Prime Minister says, “imaginative and innovative, proactive and polite, professional and progressive, energetic and enabling, transparent and tech-enabled, creative and constructive”. We will all have to work together to usher in an era of good governance based on an ethical value system. It is not the Government alone that has this responsibility, each one of us has a role to play. As the Mahatma says, “Be the change that you wish to see in the world.”
We cannot stand on the sidelines, waiting for someone else to take the lead. Let me conclude with these immortal lines of Tagore
“Where the mind is without fear and the head is held high;
Where knowledge is free;
Where the world has not been broken up into fragments by narrow domestic walls;
Where words come out from the depth of truth;
Where tireless striving stretches its arms toward perfection;
Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit;
Where the mind is led forward by thee into ever-widening thought and action
Into that heaven of freedom, my Father, let my country awake.”
