Ethics in Public Administration
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The soul of the new law, Bharatiya Nyaya Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system. (Answer in 150 words) [UPSC 2024]
Model Answer Introduction The Bharatiya Nyaya Sanhita (BNS) embodies the principles of Justice, Equality, and Impartiality, rooted in Indian culture and ethos. This new legal framework marks a significant departure from the traditional doctrine of punishment towards a more holistic understanding ofRead more
Model Answer
Introduction
The Bharatiya Nyaya Sanhita (BNS) embodies the principles of Justice, Equality, and Impartiality, rooted in Indian culture and ethos. This new legal framework marks a significant departure from the traditional doctrine of punishment towards a more holistic understanding of justice.
Justice
The BNS emphasizes Restorative Justice, drawing inspiration from ancient Indian panchayat systems. Instead of solely focusing on retribution, it promotes reconciliation and healing for both victims and offenders. For instance, Section 4(f) of the BNS incorporates community service as a form of punishment, showcasing this restorative approach. Additionally, the BNS guarantees the right to a fair trial, aligning with Article 21 of the Constitution, which upholds personal liberty as expanded in the Maneka Gandhi v. Union of India case.
Equality
Reflecting B.R. Ambedkar’s vision of an inclusive society, the BNS ensures that legal processes are accessible, particularly for marginalized groups. It enhances gender justice, citing the Vishakha Guidelines to safeguard women’s rights, especially in Section 75, which protects against sexual harassment.
Impartiality
The BNS promotes bias-free judicial processes inspired by the teachings of the Bhagavad Gita, which advocate for fairness and detachment. Section 17 states that acts justified by law are not considered offenses, emphasizing impartiality. Furthermore, it enhances transparency in the judicial system, facilitating public access to court documents, which bolsters trust.
Major Shift Towards Justice
The BNS represents a transition from punitive measures to rehabilitative justice. It encourages correctional programs for minor offenses, advocating for Alternative Dispute Resolution (ADR) rooted in Indian tradition. Victims’ rights are prioritized, ensuring compensation and restoration rather than mere retribution. The BNS also integrates preventive strategies to address crime’s root causes and adopts technological advancements, making the judicial process more efficient and accessible.
In conclusion, the Bharatiya Nyaya Sanhita aspires to modernize India’s criminal justice system, replacing outdated colonial laws with a framework that resonates with contemporary Indian society, ensuring justice that is equitable and impartial.
See less"The concept of Just and Unjust is contextual. What was just a year back, may turn out to be unjust in today's context. Changing context should be constantly under scrutiny to prevent miscarriage of justice." Examine the above statement with suitable examples. (Answer in 150 words) [UPSC 2024]
Model Answer Introduction The statement, “The concept of Just and Unjust is contextual,” highlights the dynamic nature of justice, which evolves with societal values and norms. As John Rawls noted, justice is essential for social institutions, and what was deemed just in the past may now be perceiveRead more
Model Answer
Introduction
The statement, “The concept of Just and Unjust is contextual,” highlights the dynamic nature of justice, which evolves with societal values and norms. As John Rawls noted, justice is essential for social institutions, and what was deemed just in the past may now be perceived as unjust. This evolution necessitates constant scrutiny to prevent miscarriages of justice.
Historical Legislation and Social Evolution
Justice has historically evolved in response to changing societal norms. The Bengal Sati Regulation of 1829 outlawed the practice of Sati, illustrating how cultural practices once accepted as just were redefined as unjust through legal reform.
Technological Advances and Legal Responses
As technology advances, laws must adapt to new realities. The Information Technology Act of 2000, amended in 2008, reflects a response to digital crimes, ensuring data privacy and curbing cybercrime, thereby applying utilitarian ethics for the greater good.
Economic Changes and Justice
Economic shifts often require a reevaluation of justice. After India’s liberalization in the 1990s, labor laws were revised to ensure fairness and equity in a new capitalist framework, grounded in Rawlsian principles of distributive justice.
Shifts in Collective Morality
Changing societal values lead to legal reforms. The 2018 Supreme Court ruling decriminalizing homosexuality in India overturned colonial-era laws, reflecting evolving attitudes towards LGBTQ+ rights.
Public Health and Ethics
During the COVID-19 pandemic, lockdowns exemplified the need to balance individual freedoms with collective health, requiring a redefinition of justice in public health contexts.
Continuous Scrutiny of Justice
To prevent miscarriages of justice, several measures are essential:
Conclusion
Justice is not static; it must evolve with societal, technological, and moral changes. Constant scrutiny and adaptation of legal frameworks are essential to uphold fairness and equity. As Dr. B.R. Ambedkar emphasized, justice is about rendering every person their due, requiring continuous reflection and reform in our understanding of what is just.
See lessGlobal warming and climate change are the outcomes of human greed in the name of development, indicating the direction in which extinction of organisms including human beings is heading towards loss of life on Earth. How do you put an end to this to protect life and bring equilibrium between the society and the environment? (Answer in 150 words) [UPSC 2024]
Model Answer Introduction Global warming and climate change, driven by human greed in the name of development, pose a severe threat to life on Earth. Unsustainable practices such as resource over-exploitation, pollution, and deforestation contribute significantly to environmental degradation, leadinRead more
Model Answer
Introduction
Global warming and climate change, driven by human greed in the name of development, pose a severe threat to life on Earth. Unsustainable practices such as resource over-exploitation, pollution, and deforestation contribute significantly to environmental degradation, leading to the potential extinction of numerous species, including humans.
Human Activities and Their Consequences
Excessive Resource Exploitation
The relentless extraction of fossil fuels and minerals contributes to greenhouse gas emissions. For instance, coal accounts for 55% of India’s energy needs, significantly increasing carbon emissions.
Deforestation and Habitat Loss
Large-scale deforestation for agriculture and urbanization has resulted in the loss of approximately 20% of Amazonian forest cover since the 1960s, exacerbating CO₂ levels in the atmosphere.
Pollution from Industrial Activities
Unregulated industrial growth leads to severe air pollution. In Delhi, air quality regularly breaches WHO standards due to emissions from factories and vehicles.
Rapid Urbanization
The conversion of green spaces into urban areas creates heat islands, disrupting natural ecosystems and contributing to climate change.
The Threat of Extinction
Biodiversity Loss
Climate change has led to habitat destruction, threatening over 45,300 species with extinction according to the IUCN Red List.
Ocean Acidification
Increased CO₂ levels cause ocean acidification, resulting in coral bleaching in ecosystems like the Great Barrier Reef.
Disruption of Ecosystem Services
The decline of pollinators such as bees threatens global crop production, jeopardizing food security.
Water Scarcity
Climate change exacerbates water scarcity, leading to desertification. The Thar Desert in India is expanding, displacing rural populations.
Strategies for Restoration and Balance
Conclusion
To combat global warming and climate change, we must transition from a path of destruction to one of sustainability. By implementing robust regulations, promoting renewable technologies, and fostering international cooperation, we can protect life on Earth and restore equilibrium between society and the environment. Collective action is essential for a sustainable future.
See less"It is not enough to talk about peace, one must believe in it; and it is not enough to believe in it, one must act upon it." In the present context, the major weapon industries of the developed nations are adversely influencing continuation of number of wars for their own self-interest, all around the world. What are the ethical considerations of the powerful nations in today's international arena to stop continuation of ongoing conflicts? (Answer in 150 words) [UPSC 2024]
Model Answer Introduction The quote, “It is not enough to talk about peace, one must believe in it; and it is not enough to believe in it, one must act upon it,” underscores the ethical responsibilities of powerful nations in the context of ongoing global conflicts. These nations often grapple withRead more
Model Answer
Introduction
The quote, “It is not enough to talk about peace, one must believe in it; and it is not enough to believe in it, one must act upon it,” underscores the ethical responsibilities of powerful nations in the context of ongoing global conflicts. These nations often grapple with the conflict between their economic interests, particularly in the arms industry, and their moral obligation to promote peace.
Genuine Belief and Action
To foster lasting peace, nations must not only advocate for it but also take concrete actions. The United Nations’ peacekeeping missions exemplify a commitment to stabilizing conflict zones, demonstrating how belief in peace can manifest through active involvement (Source: United Nations Peacekeeping).
Economic Interests vs. Moral Responsibility
Powerful nations often prioritize economic gains from the arms industry over genuine peace efforts. For instance, the U.S. arms industry has reportedly profited significantly from conflicts in the Middle East, particularly during the wars in Iraq and Afghanistan (Source: The Guardian). This profit-driven approach contributes to prolonged violence rather than resolution.
Lobbying and Influence
The influence of arms manufacturers in shaping foreign policy often leads to prolonged conflicts. For example, the supply of arms to non-state actors in Syria and Yemen has exacerbated civil wars and humanitarian crises (Source: Amnesty International). Such practices highlight the ethical dilemma faced by nations regarding their role in fostering instability.
Ethical Responsibilities
Conclusion
To genuinely address ongoing conflicts, powerful nations must reconcile their economic interests with their ethical responsibilities. Advocacy for peace must be accompanied by tangible actions, responsible arms trading, and active support for diplomatic solutions. Peace requires sustained commitment from all stakeholders, moving beyond mere rhetoric to impactful action.
See lessThe application of Artificial Intelligence as a dependable source of input for administrative rational decision-making is a debatable issue. Critically examine the statement from the ethical point of view. (Answer in 150 words) [UPSC 2024]
Model Answer Introduction The integration of Artificial Intelligence (AI) into administrative decision-making has sparked significant ethical debates. While AI promises efficiency and objectivity, its application raises concerns regarding transparency, accountability, and bias. Positive Aspects of ARead more
Model Answer
Introduction
The integration of Artificial Intelligence (AI) into administrative decision-making has sparked significant ethical debates. While AI promises efficiency and objectivity, its application raises concerns regarding transparency, accountability, and bias.
Positive Aspects of AI
Ethical Concerns
Conclusion
The ethical implications of AI in administrative decision-making are complex. While AI can enhance efficiency and consistency, it poses significant risks related to bias, accountability, and human oversight. A balanced approach, emphasizing ethical standards and human involvement, is vital to ensure AI serves public welfare without compromising rights.
See lessExamine the ethical challenges that may arise when foreign-funded research projects conduct medical studies in developing countries. (Answer in 150 words)
Model Answer Ethical Challenges in Foreign-Funded Medical Research in Developing Countries Foreign-funded medical research in developing countries presents several ethical challenges that can undermine the integrity and fairness of such studies. 1. Informed Consent Issues One of the primary ethicalRead more
Model Answer
Ethical Challenges in Foreign-Funded Medical Research in Developing Countries
Foreign-funded medical research in developing countries presents several ethical challenges that can undermine the integrity and fairness of such studies.
1. Informed Consent Issues
One of the primary ethical concerns is the lack of informed consent from local populations. Often, participants may not fully understand the risks involved or the nature of the study, leading to exploitation.
2. Unequal Distribution of Risks and Benefits
There is frequently an imbalance in how risks and benefits are distributed. Local communities may bear the risks associated with the research, while the benefits, such as new treatments or technologies, are often directed elsewhere.
3. Vulnerability of Local Teams
Local research teams may feel pressured to accept unethical study designs due to reliance on foreign funding for their infrastructure development. This creates a conflict of interest that can compromise ethical standards.
4. Non-Universal Ethical Standards
Different countries have varying ethical standards and regulations, making it challenging to maintain uniformity in ethical practices. This disparity can lead to ethical lapses in research conducted in developing countries.
5. Monitoring Difficulties
Limited resources in developing nations often hinder effective monitoring of research projects, increasing the risk of unethical practices going unchecked.
6. Data Protection Concerns
Research data must be handled in accordance with local laws to ensure privacy and data integrity. However, this is often overlooked, leading to potential misuse of sensitive information.
Conclusion
These ethical challenges highlight the need for a robust ethical framework that respects local populations, ensures informed consent, and promotes equitable benefit-sharing. By addressing these issues, foreign-funded medical research can be more ethical and beneficial to developing countries.
See lessThough several institutions exist to ensure fairness in international relations, states often disregard moral values and the guidance of these institutions in pursuit of their own interests. Discuss with examples. (Answer in 150 words)
Model Answer Disregard for Moral Values in International Relations Despite the existence of various institutions designed to ensure fairness in international relations, states often prioritize their own interests over moral values. 1. Sense of Insecurity Countries frequently act on the basis of mutuRead more
Model Answer
Disregard for Moral Values in International Relations
Despite the existence of various institutions designed to ensure fairness in international relations, states often prioritize their own interests over moral values.
1. Sense of Insecurity
Countries frequently act on the basis of mutual distrust and insecurity. For example, despite commitments to non-violence, nations like North Korea pursue nuclear weapons, undermining global peace efforts.
2. Just War Theory
The ethical considerations surrounding warfare often lead to moral dilemmas. The U.S. decision to drop atomic bombs on Hiroshima and Nagasaki during World War II is an example where the justification of military action conflicted with humanitarian principles.
3. Regional Supremacy Aspirations
Nations often engage in practices that undermine fairness for regional dominance. China’s support for Pakistan through arms funding and opposition to sanctions illustrates how strategic partnerships can prioritize national interests over ethical considerations.
4. Colonial Hangover
Despite advocating for territorial sovereignty, countries may interfere in others’ affairs. The British Parliament’s discussions regarding the abrogation of Article 370 in India exemplify this contradiction.
5. Distributive Justice
Developed nations, primarily responsible for climate change, often fail to take equitable responsibility in mitigation efforts, highlighting a disregard for collective justice.
Conclusion
In conclusion, while institutions exist to promote fairness, states frequently disregard these moral frameworks in pursuit of self-interest, leading to significant ethical challenges in global relations.
See lessShould passenger or pedestrian be saved in critical situations by autonomous car?
Programmers should not program autonomous vehicles to prioritize the lives of their passengers over other pedestrians in inevitable accident situations. Here's why: -Ethical Concerns: Prioritizing passengers is morally wrong. It is creating a system in which some lives are devalued compared to otherRead more
Programmers should not program autonomous vehicles to prioritize the lives of their passengers over other pedestrians in inevitable accident situations. Here’s why:
-Ethical Concerns: Prioritizing passengers is morally wrong. It is creating a system in which some lives are devalued compared to others, which is a terrible and unjust concept.
-Societal Impact: Such a system would undermine public trust in autonomous vehicles. People would not want to use them if they knew they might be sacrificed in an accident. This could severely hinder the development and adoption of this potentially life-saving technology.
-Legal Ramifications: Programming vehicles to prioritize passengers could have severe legal consequences for manufacturers and developers. It could lead to lawsuits and potentially criminal charges.
-Alternative Solutions: In the absence of passenger safety as the guiding principle, self-driving cars would be programmed to:
1. Reduce damage as much as possible.
2. Avoid collisions through state-of-the-art sensors and predictive models.
-In the event that an accident cannot be avoided, the car would attempt to minimize damage as much as it can, independent of the persons’ identity.
The goal is to make totally safe, self-sufficient automobiles for everyone, not just passengers.
See less‘Once a Speaker, Always a Speaker’ ! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha ? What could be its implications for the robust functioning of parliamentary business in India?
The "Once a Speaker, Always a Speaker" principle might have been designed to promote impartiality but may also prove a boon and a bane to efficient parliamentary business management in India. Advantages: It would highly increase the impartiality of the Speaker because there would be no chance of eveRead more
The “Once a Speaker, Always a Speaker” principle might have been designed to promote impartiality but may also prove a boon and a bane to efficient parliamentary business management in India.
Advantages:
It would highly increase the impartiality of the Speaker because there would be no chance of ever returning to active party politics and, hence, any perceived or actual biases that may result from future political ambitions.
Strengthen Democratic Norms: This convention would strengthen the non-partisan character of the office of the Speaker, hence improving the democratic process and further instilling confidence in the institution among the people.
Reduced Impact of Political Pressure: Since there is no hope of political benefits in the future, the Speaker may not be under so much pressure to make political decisions but rather make impartial ones.
It may be considered a limitation of the political career of someone holding the office of Speaker, thereby discouraging men and women of good standing from holding such an office.
-Potential Not to Join Party After Term Has Been Completed: The potential not to join their party once their term has been served would reduce the incentive for highly qualified people to seek the position of Speaker.
Detachment from Political Realities: A Speaker permanently disconnected in active politics may become disoriented from the dynamic political scenario and thus would not be able to efficiently preside over the business of parliament and understand the nuances of contemporary political oratory.
Constitutional Issues: It may even attract constitutional questions because it can breach one’s right to associate oneself or oneself with political activity.
Alternative approaches to the “Once a Speaker, Always a Speaker” principle can be utilized to neutralize the office of the Speaker as follows:
-Strengthening the existing norms and conventions: It could be in focusing on strengthening existing norms and conventions governing the office of the Speaker to be directed toward non-partisanship and impartiality.
-Public awareness of the importance of the Speaker’s neutrality as well as to the need of maintaining the office dignity.
See less-Policies on periodical and clear review of conduct of the Speaker so that judgment is perceived not to be arbitrary and concerns will be addressed.
One of the tests of integrity is complete refusal to be compromised. Explain with reference to a real life example. (150 words) [UPSC 2017]
Integrity: The Unwavering Rejection Of Compromise Ethics are overriding moral values, or steadfastly moral principles, with the quality of being honest and having strong principles. This phase is typically marked by a strong commitment to values and morals in the face of strong temptation or pressurRead more
Integrity: The Unwavering Rejection Of Compromise
Ethics are overriding moral values, or steadfastly moral principles, with the quality of being honest and having strong principles. This phase is typically marked by a strong commitment to values and morals in the face of strong temptation or pressure. One of the more compelling integrity tests is to not be compromised at all. In this way, this article explores integrity through the eyes of a life-fight who knew that maintaining high ethical standards and the drive to serve are maintained regardless of the storm.
The Model: Daniel Ellsberg and the Pentagon Papers
Daniel Ellsberg, the former United States military analyst, is a prime example of that kind of extraordinary integrity — not being willing to compromise. In 1971, Ellsberg leaked a classified Department of Defense study known as the “Pentagon Papers” detailing the government’s many years of lies and obfuscation about the Vietnam War to the press. The reason being, this whistleblower act became one of the biggest happenings in America since they revealed how the government was spreading false information about the war and the people died in it did not matter at all.
It was Ellsberg’s conviction in the necessity of truthfulness and transparency that led him to leak the Pentagon Papers. He must have had classified documents tucking away the reality of the government’s intentions and the grim shows of what it did — narratives much less rosy and much less justifiable than those the public ingested. Despite the legal and personal risks, he believed he had a moral imperative to disclose the information.
The Test of Integrity
Ethical Dilemma: The circumstances surrounding Ellsberg led him to an ethical dilemma. On one hand, he had sworn an oath to safeguard classified information and could be subject to serious legal penalties if he violated that oath. Yet at the same time believed the American people had a right to the truth about the war — which was being deliberately obscured from them. This conflict tested his integrity in having to balance personal and professional commitments with moral convictions.
Risk and Consequences: The risks of leaking the Pentagon Papers were severe. Ellsberg could have been charged with espionage, sentenced to life in prison, and had his career shattered. Nevertheless, he accepted these risks because he felt the public’s right to know the truth trumped his personal stakes.
Uncompromising Resistance: Ellsberg did not act on a whim. He picked over the documents, shred by shred, for months, worrying about the consequences and how to get the information before the public. Knowing that doing so would endanger his friends’ lives, and that it could have severe repercussions for him personally and financially, he nonetheless told the truth because he knew it was the right thing to do. He felt that the right thing to do was blow the whistle on the lies, even at a great personal cost.
Impact and Legacy
The publication of the Pentagon Papers shook American society to its core. It prompted widespread public outrage and heightened opposition to the Vietnam War. The leak was also key to the Watergate scandal that ultimately forced out President Richard Nixon. Ellsberg’s example showed the capacity of a single person to bend history by affirming an alternative path, despite daunting odds.
Ellsberg’s legacy is one of unsparing integrity. He blazed a path for whistleblowers and activists, that in the pursuit of truth and justice, the act itself is a higher calling. His example must still encourage people to question authority and to resist ethically dubious actions when they encounter them.
Conclusion
It will not come through committee meetings or debates, by its very nature, integrity cannot be implemented through politics. All compromise is in some way a corruption, and Daniel Ellsberg, in refusing to let himself be compromised to the end, shows us that his own integrity is a far better role model than anything he might have accomplished in the world of international diplomacy. This takes the courage to stand firm against opposition, the courage to buck the status quo and the commitment to do right when it is not convenient. Ellsberg’s actions just reminds us that integrity isn’t about doing things without risk; it’s trying to do the right thing, for the right reasons, and risk should be part of the equation, not the whole thing. In a field where integrity can be a rare commodity, his narrative is a lighthouse in the dark, reminding us of the unwavering power of truth and transparency in our lives.
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