In the following questions, carefully study the cases presented and then answer the questions that follow : You have joined as a reporter in a newly launched news channel. This choice was based on the assurance given by channel’s management ...
An ethical dilemma is a complex situation that often involves an apparent conflict between moral imperatives, in which to obey one would result in transgressing the other. Ethical dilemma arises because ethical standards are not codified, and disagreements about proper behaviour often occur. For civRead more
An ethical dilemma is a complex situation that often involves an apparent conflict between moral imperatives, in which to obey one would result in transgressing the other. Ethical dilemma arises because ethical standards are not codified, and disagreements about proper behaviour often occur. For civil servants, ethical dilemmas tend to arise from three critical relationships Le. civil servants and political office holders; civil servants and citizens; and intra-civil service (between ministries, departments and agencies of the state). These dilemmas could broadly fall into following categories:
- Personal Cost ethical dilemmas, arising from situations in which compliance with ethical conduct results in a significant personal cost to the civil servant, for example, jeopardising held position, injuring valued relationships etc.
- Right vs Right ethical dilemmas, arising from situations of two or more conflicting sets of bona fide ethical values, for example, civil servant’s responsibility of being open and accountable to citizens versus that of adhering to oath of secrecy/confidentiality etc.
- Conjoint ethical dilemmas, arising from situations in which a conscientious civil servant is exposed to a combination of the aforementioned ethical dilemmas.
A strategy to deal with ethical dilemmas must include following key elements:
- Democratic accountability of administration: The civil servants should subordinate themselves to political authority, to carry out all ‘orders’ from the ‘top’, as long as they are as per law. They should show a spirit of ‘neutrality’ in their official capacity and dealings; and keep at bay their own personal preferences in the performance of their duties and responsibilities.
- Principle of legality: The civil servants should manifest a spirit of constitutionalism in their exercise of authority. All power must be exercised in the name and general interest of the people and guided by an ‘articulate’ system of rules and laws.
- Professional integrity: It should act as a source of ‘internal self-control’ in administrative conduct, based on ethical standards and criteria shared and respected by civil servants. It should be seen as a matter of personal and professional honour and prestige, in a culture of ethics, and not simply an externally imposed obligation. Also, a ‘Code of Ethics for Public Servants’ can be brought to complement this.
- Responsiveness to citizens: It entails consultation in governance and promotion of a kind of ‘Communicative Ethic’, in social affairs. The civil society not only furnishes the State, with needs and demands, but also valuable sources of information, feed-back criticism and evaluation of performance. Along with these elements, it is imperative that a civil servant listens to his or her conscience or Inner voice to guide him or her In resolving ethical dilemmas. The talisman given by Gandhiji can provide the guiding light in this respect.
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Judges are appointed to various quasi-judicial bodies and government positions post-retirement such as NHRC, NGT, Rajya Sabha MP, Governor etc. These are not barred in the constitution. A report by Vidhi Centre for Legal Policy pointed out that as many as 70 out of 100 judges retired from the SupremRead more
Judges are appointed to various quasi-judicial bodies and government positions post-retirement such as NHRC, NGT, Rajya Sabha MP, Governor etc. These are not barred in the constitution. A report by Vidhi Centre for Legal Policy pointed out that as many as 70 out of 100 judges retired from the Supreme Court have taken up assignments in the many tribunals and commissions. However, these appointments raise questions on integrity of the judges as many perceive that such appointments act as an incentive for the judges to decide cases in favour of the state. This undermines judicial independence, erodes public trust, and violates basic tenets of the constitution such as separation of power. Therefore, there is a need to adopt a right institutional design to prevent perverse incentives in judicial decision-making. Since the presence of judges can bring valuable experience and legal knowledge to various institutions, some measures can be taken to preserve judicial impartiality and independence:
Independence of judiciary forms a part of the basic structure of the Indian Constitution. Further, being the guardian of the Constitution, the judiciary needs to be insulated from pressures and inducements. Functioning of judiciary without any bias, favoritism or appeasement is a must for maintaining tenets of democracy in India.
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