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Write the difference between Res Judicata and Res subjudice under CPC.
These two legal doctrines fall under civil procedure but, they do not have the same roles nor do they occur in similar contexts. RES JUDICATA SECTION 11 of CPC. Meaning: What can be translated to English as “A matter already judged”. Purpose: This ensures that new trials are not occasioned that hadRead more
These two legal doctrines fall under civil procedure but, they do not have the same roles nor do they occur in similar contexts.
RES JUDICATA SECTION 11 of CPC.
Meaning: What can be translated to English as “A matter already judged”.
Purpose: This ensures that new trials are not occasioned that had already been determined by a competent court.
Application: Used where there is a previous decision of the superior court on the same issueThe same parties or their representativesA competent court of law.
Effect: Stops future legal actions on an issue between two parties until the initial proceeding has been resolved.
*RES SUBJUDICE SECTION 10 OF CPC*
Meaning: It means a case under the consideration of the court of law or a matter that is before the court.
Purpose: It serves as protection against the initiation of similar actions in different courts concerning the same matter
Application: Used when a case is under consideration in another chamberWhich is still pending in a competent court having jurisdiction
Effect: Demands a stay of the proceedings in the subsequent suit until the first suit has been resolved.
Timing: While Res Judicata takes place after the last judgment, Res Subjudice occurs during the conduct of a case.
Outcome: Res Judicata prevents subsequent actions all together while Res Subjudice only freezes them for the time being.
Finality: Res Judicata entails a finality while Res Subjudice on the other hand pertains to cases still in progress. Both are meant to avoid the risk of different outcomes, save time and resources, and yet they work at different steps in the legal system.
See lessWhat do you understand by Social Accountability' of Public Administration?
Social Accountability in Public Administration Social accountability refers to the obligation of public officials and institutions to be accountable to the public for their actions, decisions, and policies. It involves engaging with citizens and other stakeholders to ensure that public administratioRead more
Social Accountability in Public Administration
Social accountability refers to the obligation of public officials and institutions to be accountable to the public for their actions, decisions, and policies. It involves engaging with citizens and other stakeholders to ensure that public administration operates in a transparent, responsive, and responsible manner. Here are the key aspects of social accountability, supported by recent examples:
**1. Citizen Engagement and Participation:
**2. Transparency in Governance:
**3. Effective Grievance Redressal Mechanisms:
**4. Performance Monitoring and Evaluation:
**5. Anti-Corruption Measures:
**6. Ethical Standards and Code of Conduct:
**7. Inclusive Policy Implementation:
**8. Legal and Institutional Framework:
In summary, social accountability in public administration involves engaging citizens, ensuring transparency, establishing effective grievance redressal mechanisms, monitoring performance, implementing anti-corruption measures, upholding ethical standards, promoting inclusive policy implementation, and maintaining a strong legal and institutional framework. These measures collectively enhance the responsiveness, effectiveness, and trustworthiness of public administration.
See lessWhat are the basic implications of the concept of Accountability in Public Administration?
Basic Implications of the Concept of Accountability in Public Administration Accountability in public administration refers to the obligation of public officials to answer for their actions, decisions, and policies, and to be responsible for their outcomes. This concept is crucial for ensuring thatRead more
Basic Implications of the Concept of Accountability in Public Administration
Accountability in public administration refers to the obligation of public officials to answer for their actions, decisions, and policies, and to be responsible for their outcomes. This concept is crucial for ensuring that public services are delivered effectively, transparently, and in the public interest. Here are the basic implications of accountability in public administration, with recent examples to illustrate their significance:
**1. Enhanced Transparency:
**2. Improved Public Trust:
**3. Effective Service Delivery:
**4. Prevention of Corruption:
**5. Legal and Ethical Compliance:
**6. Citizen Participation:
**7. Ethical Governance:
**8. Risk Management:
In summary, accountability in public administration has significant implications for transparency, public trust, service delivery, corruption prevention, legal compliance, citizen participation, ethical governance, and risk management. Implementing effective accountability mechanisms ensures that public officials serve the public with integrity and responsibility.
See lessWhat are the two key elements of Good Governance indicated by World Bank?
Key Elements of Good Governance According to the World Bank The World Bank identifies two fundamental elements of Good Governance that are essential for effective and equitable management of public resources and institutions. These elements are Accountability and Transparency. Both elements are critRead more
Key Elements of Good Governance According to the World Bank
The World Bank identifies two fundamental elements of Good Governance that are essential for effective and equitable management of public resources and institutions. These elements are Accountability and Transparency. Both elements are critical in ensuring that governance processes are conducted fairly and that public trust is maintained.
1. Accountability
Accountability refers to the obligation of government officials, organizations, and institutions to be answerable for their actions and decisions. It involves ensuring that all actions are conducted in a manner that can be scrutinized by stakeholders, including the public, regulatory bodies, and oversight institutions.
2. Transparency
Transparency involves the openness of government actions and decisions to scrutiny and public access. It ensures that information is readily available and accessible to the public, allowing them to understand and assess the functioning of government institutions.
Conclusion
The World Bank emphasizes Accountability and Transparency as the two key elements of Good Governance. Accountability ensures that government actions are answerable and subject to scrutiny, while transparency guarantees that information about government actions is accessible to the public. Recent examples, such as the functioning of the Public Accounts Committee and the implementation of the Right to Information Act, demonstrate the importance of these elements in promoting effective governance and maintaining public trust. These principles are fundamental in fostering an environment where governance is conducted with integrity, fairness, and responsiveness to public needs.
See lessWhich Administrative Reforms Commission stressed upon the ethics in governance?
Administrative Reforms Commission and Ethics in Governance The Second Administrative Reforms Commission (ARC), established by the Government of India in 2005, stressed the importance of ethics in governance. This commission was headed by M. Veerappa Moily and played a crucial role in recommending vaRead more
Administrative Reforms Commission and Ethics in Governance
The Second Administrative Reforms Commission (ARC), established by the Government of India in 2005, stressed the importance of ethics in governance. This commission was headed by M. Veerappa Moily and played a crucial role in recommending various reforms aimed at improving the efficiency and ethical standards of governance in India.
1. Overview of the Second Administrative Reforms Commission
2. Focus on Ethics in Governance
The Second Administrative Reforms Commission placed significant emphasis on ethics in governance. The key aspects highlighted were:
3. Key Recommendations by the Second ARC on Ethics
The Second ARC’s report, titled “Promoting Ethics in Governance”, included several critical recommendations:
4. Impact and Implementation
The recommendations of the Second ARC have had a significant impact on:
Conclusion
The Second Administrative Reforms Commission was instrumental in stressing the importance of ethics in governance. Its recommendations focused on enhancing integrity, transparency, and accountability within the public administration system. The influence of the Second ARC is evident in recent legislative and institutional reforms aimed at promoting ethical practices and combating corruption. The emphasis on ethics continues to shape governance policies and practices, ensuring a more accountable and transparent administrative system.
See lessDescribe the relevance of the following in the context of civil services: a.Ethical governance b. Probity in public life.(125 Words) [UPPSC 2021]
Relevance in Civil Services a. Ethical Governance Relevance: Ethical governance ensures transparency, accountability, and integrity in public administration. It fosters trust between the government and citizens, reducing corruption and promoting effective service delivery. For example, the e-GovernaRead more
Relevance in Civil Services
a. Ethical Governance
Relevance: Ethical governance ensures transparency, accountability, and integrity in public administration. It fosters trust between the government and citizens, reducing corruption and promoting effective service delivery. For example, the e-Governance initiatives and RTI Act have significantly enhanced transparency in India, enabling citizens to access information and hold officials accountable. These measures have been crucial in exposing and addressing issues like the Madhya Pradesh ‘Vyapam’ Scam, where ethical governance led to administrative and legal reforms.
b. Probity in Public Life
Relevance: Probity in public life refers to maintaining high ethical standards and integrity in all public dealings. It is essential for building public trust and ensuring that officials act in the best interests of the public. The Supreme Court’s judgment in the ‘2G Spectrum Case’ underscored the importance of probity, leading to reforms in telecom policy and administrative practices. High-profile cases like these illustrate how probity helps uphold the rule of law and enhances the credibility of public institutions.
Conclusion
Both ethical governance and probity in public life are critical for maintaining integrity, enhancing public trust, and ensuring effective governance in civil services.
See lessDifferentiate between ethics and morality and explain the determinants of ethical actions. (200 Words) [UPPSC 2018]
Differentiation between Ethics and Morality 1. Definition: Ethics refers to a structured set of principles that guide behavior in a professional or societal context. It is often codified in formal guidelines and professional standards. For example, the Code of Conduct for IAS officers outlines ethicRead more
Differentiation between Ethics and Morality
1. Definition:
2. Source:
Determinants of Ethical Actions
1. Personal Integrity: Individual honesty and consistency in values play a crucial role in ethical behavior. For instance, public figures like Dr. Abdul Kalam exemplified integrity by maintaining transparency in their professional and personal lives.
2. Legal Framework: Laws and regulations set boundaries for ethical actions. Compliance with legal standards ensures that actions are not only ethical but also lawful. Recent anti-corruption laws have reinforced ethical conduct in governance.
3. Organizational Culture: An organization’s ethical climate influences behavior. For example, companies like Patagonia foster a strong ethical culture through their commitment to environmental sustainability, guiding employees to act ethically.
4. Social Norms and Values: Cultural and societal norms shape ethical behavior. Public reactions to events, such as the Me Too movement, demonstrate how evolving social values influence ethical standards and actions.
In summary, while ethics and morality both guide behavior, ethics are external and systematic, whereas morality is personal and culturally influenced. Determinants of ethical actions include personal integrity, legal frameworks, organizational culture, and social norms.
See less"Effective administration requires dedication towards Public Service." Explain. (125 Words) [UPPSC 2018]
Effective Administration and Dedication to Public Service 1. Commitment to Service: Effective administration demands a strong commitment to serving the public with integrity and dedication. For instance, Delhi’s COVID-19 response showcased how dedication from administrative officials ensured efficieRead more
Effective Administration and Dedication to Public Service
1. Commitment to Service: Effective administration demands a strong commitment to serving the public with integrity and dedication. For instance, Delhi’s COVID-19 response showcased how dedication from administrative officials ensured efficient distribution of vaccines and resources, enhancing public trust and welfare.
2. Accountability and Transparency: A dedication to public service includes upholding high standards of accountability and transparency. The Pradhan Mantri Jan Dhan Yojana is an example where administrative dedication has led to increased financial inclusion through transparent and accessible banking services for the underprivileged.
3. Proactive Problem-Solving: Administrators must be proactive in addressing public issues. The Swachh Bharat Mission highlights how dedication to cleanliness and sanitation has improved public health and quality of life through effective administrative measures.
4. Ethical Leadership: Dedication involves leading by example and adhering to ethical practices. Uttar Pradesh’s anti-corruption initiatives reflect how ethical leadership and commitment to public service can combat corruption and enhance governance.
Overall, dedication to public service is crucial for effective administration, ensuring better governance and improved public welfare.
See lessWrite short notes on: a. Ethical responsibilities of public servant. b. Public interest and the right to information.(125 Words) [UPPSC 2019]
a. Ethical Responsibilities of Public Servant 1. Integrity and Honesty: Public servants must exhibit integrity and honesty in their duties, avoiding any form of corruption or malpractice. For example, the Central Vigilance Commission (CVC) ensures that public servants adhere to ethical standards. 2.Read more
a. Ethical Responsibilities of Public Servant
1. Integrity and Honesty: Public servants must exhibit integrity and honesty in their duties, avoiding any form of corruption or malpractice. For example, the Central Vigilance Commission (CVC) ensures that public servants adhere to ethical standards.
2. Accountability: They are accountable to the public and should be transparent in their actions. Public disclosures and regular audits, such as those by the Comptroller and Auditor General (CAG), uphold this accountability.
3. Impartiality: Public servants should act impartially, ensuring that their decisions are not influenced by personal interests or biases. The Code of Conduct for Central Government Servants outlines these expectations.
b. Public Interest and the Right to Information
1. Public Interest: Public interest involves actions and policies that benefit the community and promote the common good. For example, the Swachh Bharat Abhiyan aims to improve sanitation and public health.
2. Right to Information (RTI): The RTI Act empowers citizens to seek information from public authorities, enhancing transparency and accountability. The RTI Act, 2005 has led to greater governmental openness, such as the recent RTI queries about COVID-19 vaccine distribution revealing detailed vaccine rollout plans.
Conclusion: Ethical responsibilities ensure public servants act with integrity and accountability, while public interest and RTI promote transparency and public participation in governance.
See lessHow can tolerance and compassion be fostered among civil servants? Give your opinion. (125 Words) [UPPSC 2021]
Fostering Tolerance and Compassion Among Civil Servants **1. Training Programs: Incorporate diversity and inclusion training into civil service education. Workshops on cultural sensitivity and conflict resolution can enhance understanding and empathy. **2. Exposure to Different Cultures: FacilitateRead more
Fostering Tolerance and Compassion Among Civil Servants
**1. Training Programs: Incorporate diversity and inclusion training into civil service education. Workshops on cultural sensitivity and conflict resolution can enhance understanding and empathy.
**2. Exposure to Different Cultures: Facilitate interactions with diverse communities through field visits and community engagement activities. For instance, initiatives like ‘Village Adoption’ programs allow civil servants to experience grassroots realities firsthand.
**3. Promoting Emotional Intelligence: Implement emotional intelligence training to help civil servants manage their own emotions and respond compassionately to others.
**4. Encouraging Open Communication: Create platforms for open dialogues and feedback sessions where civil servants can share experiences and perspectives.
**5. Recognizing Compassionate Acts: Acknowledge and reward compassionate behavior through official recognitions and awards.
Conclusion: By integrating these practices, tolerance and compassion can be effectively fostered among civil servants, leading to a more empathetic and effective administration.
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