“In doing a good thing, everything is permitted which is not prohibited expressly or by clear implication.” Examine the claim using relevant examples in the context of a public official carrying out their responsibilities.
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Examining the Statement in the Context of Public Service
Statement Explanation
The statement suggests that in pursuit of a noble or beneficial goal, actions are permissible as long as they are not explicitly prohibited by law or clearly implied rules. This principle implies a degree of flexibility in decision-making for public servants, provided they adhere to legal and ethical constraints.
Permissibility in Public Service
**1. Flexibility in Action: Public servants often face situations where they need to act decisively for the greater good, even if the actions are not explicitly covered by existing regulations.
Example: During the COVID-19 pandemic, many officials had to make urgent decisions on resource allocation and public health measures. They used their discretion to enforce lockdowns and set up emergency facilities, acting in the public interest despite the absence of specific regulations for such unprecedented circumstances.
**2. Legal Boundaries: Actions must still adhere to established laws and ethical norms. Even when pursuing a good cause, public servants cannot engage in actions that are explicitly illegal or clearly against policy.
Example: In the Bihar hooch tragedy (2016), despite the intent to control illegal alcohol production, some enforcement actions led to human rights violations and abuse of power. Here, the good intention did not justify illegal methods, highlighting the necessity to stay within legal boundaries.
Conclusion: While pursuing positive objectives, public servants must ensure that their actions are within the framework of the law and ethical standards. Flexibility is allowed, but it must not breach legal or moral constraints.
Model Answer
Introduction
The statement suggests that when public servants engage in actions deemed beneficial, they may take liberties as long as such actions are not explicitly prohibited by law. However, this raises critical questions about the definition of a “good thing” and the ethical implications of actions that may not be legally restricted.
Body
Upholding the Law
Public servants are entrusted with the responsibility of enforcing laws fairly and ethically. They cannot justify unethical behavior by claiming to pursue good outcomes.
Example: The extrajudicial killing of Sohrabuddin Sheikh involved police officers who acted unlawfully under the guise of maintaining public order. Their actions, justified as serving the greater good, resulted in severe legal and ethical repercussions.
Corruption and Bribery
Public servants must act in the public’s interest, free from corruption. Acceptance of bribes is never justified, regardless of the claimed intentions behind the actions.
Example: In 2012, IRS officer Ashok Kumar Singh was arrested for accepting a bribe of ₹2 lakh to manipulate a tax assessment. His actions, aimed to benefit certain individuals, ultimately undermined public trust.
Misuse of Power
Power should be exercised within legal boundaries. Misusing authority for personal gain, even if perceived as beneficial, erodes public trust.
Example: The Adarsh Housing Society scam involved politicians and bureaucrats who exploited their positions to secure apartments meant for war veterans, undermining ethical governance.
Conflict of Interest
Public servants should avoid personal interests conflicting with their duties.
Example: Former Minister Shashi Tharoor faced scrutiny for alleged conflicts of interest during the IPL controversy, where his involvement in a bidding company raised ethical concerns while he served in a governmental role.
Conclusion
These examples illustrate that public servants must prioritize integrity, transparency, and accountability over perceived good intentions. Upholding ethical standards and the law is essential for fostering trust and promoting good governance in society.