Probity in Governance

A Code of Ethics (CoE) is an assembly of institutional guidelines used to reduce ethical vagueness within an organization and serve as a means of reinforcing ethical conduct.
Though there is no CoE prescribed for civil servants in India, we do have conduct rules such as Central Services (Conduct) Rules, 1964, All India Services (Conduct) Rules, 1968 etc., which contain some general norms like ‘maintaining integrity and absolute devotion to duty’. A separate CoE is required for the following reasons:

• The conduct rules in India are directed towards listing specific activities, which are deemed undesirable for government servants, whereas, the CoE will be an aspirational document that will include core ethical values, principles and ideals of the organization.
• The guidelines under conduct rules influence the actions of civil servants whereas the principles under CoE will influence their judgement. Hence, CoE will be much wider in comparison to conduct rules.
• While the conduct rules ensure that civil servants work in compliance with rules and regulations, the CoE will help civil servants in making independent judgement about the most appropriate action.
• The CoE will contain principles, stated generally for the entire Civil Service of the country, whereas specific Codes of Conduct can be specified for a range of circumstances which reflect the work of each specific organization. For example, the circumstances faced by a police officer are very different from those faced by a teacher, or secretary.

As recommended by the Second Administrative Reforms Commission in its 4th report on “Ethics in Governance”, the main values by which the public servants shall be guided under Code of Ethics can be as follows:

• Allegiance to the Constitution and the law, democracy, nationalism, sovereignty, integrity of India and the security of the nation;
• Function in an apolitical manner;
• Act objectively, impartially, honestly, equitably, and in a fair and just manner;
• Act with integrity and in a courteous and just manner;
• Establish high standards, and ensure quality service, effective working and prompt decision making;
• Be accountable for the decisions;
• Establish merit as the fundamental principle in employment, promotion and placements;
• Discharge functions with due regard to diversity of the nation/community and religion;
• Provide honest,impartial and frank advice to political executive;
• Ensure that public money is used with utmost economy and care;

Conduct rules do serve a purpose, but they do not constitute a CoE. Hence, there is a need for more ‘generic norms’ under the CoE to guide the civil servants. The government can consider a bill on the lines of the draft “Public Service Bill” that was proposed by the Ministry of Personnel, Public Grievances, and Pensions in 2007 to establish a set of “values” for civil servants.