Aptitude for Civil Services

7/23/2019 Aptitude for Civil Services

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Aptitude for Civil services:

Foundational Values for Civil Services

Integrity

Impartiality and Non Partisanship

Objectivity

Dedication to Public Service

Empathy, Tolerance and Compassion Toards !ea"er Sections

Importance o# Emotional intelligence

1. They "no ho to motivate themselves$ %nd motivation is o#ten the biggest di##erence beteen success and

#ailure$ Even i# they #eel incredibly nervous be#ore a big presentation, they have learnt to calm themselves and

project an aura o# con#idence$ !hen they are #aced ith obstructive people, they "no hen to hold their temper

in chec" and hen to lose it$ They are aare o# their on emotions and able to manage them$

2. It is the distinguishing #actor that enables us to have holesome, arm relationships rather than cold and

distant contacts$

Civil Service Values and Ethics in Public Administration

&emoval o# Corruption ' Ensuring (ood (overnance

Factors Aggravating Corruption

)$ The colonial legacy o# unchallenged authority and propensity to e*ercise poer arbitrarily$

+$ The enormous asymmetry o# poer in our society$ It led to o##icers perceiving themselves as dispensing #avors

to citiens rather than serving them and given the abject poverty, illiteracy a culture o# e*aggerated de#erence to

authority has become the norm$

-$ &ed tapism. The Indian state in the early decades a#ter Independence chose a set o# policies hose

unintended conse/uence as to put the citien at the mercy o# the State$ The relationship beteen state and

citiens became that o# a patron and bene#iciaries$ Over regulation bred corruption$

0$ Over1centraliation$ The more remotely poer is e*ercised #rom the people, the greater is the corruption$

Actions Needed for Removal of Corruption

)$ Systematic revie

1. Promoting competition

It is generally recognied that monopoly and discretion increases corruption hile

competition and transparency reduces corruption$

%s competition came in corruption decreased in many sectors such as telephones, steel,

cement, sugar, automobiles$ Similarly, herever technology and transparency have been introduced,

corruption has been significantly contained. But it is not enough.

%ll government organiations should underta"e an e*ercise to identi#y areas here the

e*isting monopoly o# #unctions can be done aay ith$



Similarly all CSS should be restructured so as to provide incentives to states to ta"e steps

to promote competition in service delivery$

%ll national policies on subjects having large public inter#ace should be designed so as to

promote competition$

2. Simpli#ying transactions

One problem is the multiplicity o# layers in every decision ma"ing process$ %part #rom

delays, this contributes to corruption$

!henever abuse o# authority is noticed, another layer o# administration is added in the hope

that this ould act as a chec"$ 2ore o#ten than not, each additional layer #urther adds to delay and

corruption ithout solving the original problem$

The broad principles must be. adoption o# single indo, minimiing hierarchical tiers,

stipulating time limits #or doing or", minimiation o# discretionary decisions$ !here it is not possible

to do so, ell1de#ined regulations should attempt to 3bound4 the discretion$ %ll procedures, las,

departmental codes that breed corruption and come in the ay o# e##icient delivery should be

eliminated$

Decision1ma"ing on important matters should be assigned to a committee rather than

individuals$ Care has to be e*ercised, hoever, that this practice is not resorted to hen prompt

decisions are re/uired$

3. &is" assessment system

The ris" o# corruption in government depends on the nature o# the o##ice and its activity and

the character o# the person holding that o##ice$ %n o##ice having more discretion and more public

inter#ace is more vulnerable to corruption$

Thus o##ices can be classi#ied as 3high ris" o# corruption4, 3medium ris" o# corruption4 and 3

lo ris" o# corruption4$ Similarly, government servants can be classi#ied according to their level o#

integrity$

% ris" management system should see" to ensure that 3lo ris" personnel4 should hold 3high

ris" jobs4 and vice versa$

&is" pro#iling o# government o##icials poses a challenge as the present system o#

per#ormance evaluation discourages a reporting o##icer #rom giving anything 3adverse4$ 2oreover,

categoriing an o##icial as 3high4 ris" based on an adverse rating by one reporting o##icer may not be

#air$

It ould, there#ore, be better i# ris" pro#iling o# o##icers is done by a committee o# 3eminent

persons4$ Inputs #rom the vigilance and peer #eedbac" can be sought$

4. Decentraliation

The central idea of subsidiarity is that citizens as sovereigns and stakeholders are the final

decision-makers.

Subsidiarity is “the principle that a central authority should have a subsidiary function,

performing only those tasks which cannot be performed at a more local level.”

Functions shall be carried out closest to citizens at the smallest unit of governance possible

and delegated upwards only when the local unit cannot perform the task.



5. Transparency vs accountability

&TI merely see"s in#ormation and involves one ay transmission o# in#ormation$ It promotes

transparency and to a much lesser degree accountability$

%ccountability means as"ing not just as to hat as done but hy5 and there#ore involves a

consultative to1ay #lo o# in#ormation ith the citiens usually providing a #eedbac"$

Such mechanisms include citiens4 charters, service delivery surveys, social audits, citiens4

report card and outcome surveys$

Civil servants must be made accountable #or the outputs in a clear objective ay$ Their

incentive system must be restructured so as to motivate them to #ocus on outputs only$

6. Single !indo System

It should be a genuine single indo system giving all approvals and enabling trac"ing

mechanism$ It shouldn6t be that it gives only 3in principle approval4 and the applicant has then to see"

#ormal approvals #rom each agency$

There should be online complaint trac"ing system$

+$ 2i* o# preventive and punitive measures

1. Consumer Protection

11 The Consumer Protection %ct

The %ct emphasied on #olloing principles o# natural justice and not #olloing

technicalities and procedures o# a court o# la$ 7ut the reverse has happened today$

As a result the consumer forums have become like civil courts, making litigation

long and expensive.

Furthermore, even where orders have been passed, these are not getting

executed on time.

They are also not adequately punitive to act as deterrent and therefore, offenders

do not take them seriously.

11 &egulatory bodies need to "eep interest o# consumers in the #ore#ront$

2. Strengthening Investigation and Prosecution

11 2any times prosecutors have colluded ith the accused$ It is, there#ore, crucial that cases o#

corruption are handled by e##icient prosecutors hose integrity and pro#essional competence is above

board$ % panel o# such layers anserable to an independent body should be created

and prosecution cases by the C7I be handled by them only$

11 Investigating agencies should be e/uipped and trained ith latest electronic investigating capabilities$

11 In vie o# the comple*ities involved in modern1day corruption, the investigating agencies should be

e/uipped ith technical e*pertise in diverse domains such as #orensic accounting, audit, scienti#ic

"noledge$ %ppropriate capabilities must be built and o##icers recruited #rom relevant government

departments$

11 Inter1agency in#ormation e*change and mutual assistance should be enhanced$

11 8S 9alse Claims %ct li"e la should be passed here the histle1bloer must get a decent

percentage o# recovery as reard$

11 !histle1bloer protection$



3. &ule o# la

11 :ero Tolerance Strategy

%ll public agencies should adopt a ero tolerance strategy toards corruption$

This strategy should be institutionalied in the various public agencies$

Public e*ample has to be made out o# people convicted on corruption charge and

the legal process e*pedited$

11 !e need a sound legal system, citien charters, grievance redressal mechanisms and re1engineering

processes to ma"e governance 3citien centric4$

4. 8se o# technology

&TI and e1governance are the right steps$

2. Supervision ithin the department

The #act that not many cases are initiated against corrupt o##icials by the department itsel# is

an indicator that the supervision #unction is not being given the attention it deserves$

Controlling corruption in an o##ice or an organiation should primarily be the responsibility o#

the head o# the o##ice$ Each level should be responsible #or minimiing corruption #or the levels belo

it$

It has generally been observed that ith the constitution o# independent agencies,

departmental o##icers #eel that it is not their responsibility to curb corruption in their o##ices$ So

reporting o##icers in the %C& o# their subordinates should clearly comment on the e##orts made by the

latter to chec" corruption and hat ere the outcomes o# such measures$

&eporting o##icers tend to play 3sa#e4 by not commenting objectively on the integrity o# a

public servant even hen certain unethical practices have come to his'her notice$ This is mainly

because there is little accountability o# reporting o##icers about the ay they evaluate their

subordinates$ Colorless entries such as 3nothing adverse has come to notice4 are /uite common$

In case a reporting o##icer has given a 3clean chit4 and a corrupt act comes to light under the

o##icer, then the reporting o##icer should be made to give an e*planation$

-$ ;alues vs institutions

3. 2any people lament the decline in values and the conse/uent rise in corruption$ The implicit

assumption is that until values are restored, nothing much can be done$

4. %nother approach emphasies on institutional #rameor" that i# good behavior is consistently

rearded and bad behavior consistently punished, the bul" o# the people #ollo the straight path$ <oever,

i# good behavior is not only not rearded, but is actually #raught ith di##iculties and bad behavior is not only

not punished, but is o#ten e*travagantly rearded, then the bul" o# the people tend to stray #rom the

honorable path$

5. In the real orld, both values and institutions matter$ ;alues are needed to serve as guiding stars$ 7ut

they need to be sustained by institutions$

Principles for Increasing Citizen Participation

)$ Shi#t in the approach #rom citiens being the recipients o# development to one here they are active

participants in the development process$

+$ 2a*imum decentraliation based on the principle o# subsidiarity$



-$ Systematic re#orms here.

)$ Citiens can see" in#ormation$

+$ Citiens can give #eedbac"$ Systematic mechanisms should e*ist to capture this #eedbac" and

processes improved upon accordingly$

-$ Citiens can hold public authorities accountable$ (rievance redressal is important here$ Their

#eedbac" is important in per#ormance assessment o# the o##icials$

Why Grievance Redressal Bill in Itself is not Sufficient

)$ (rievances can thus be categoried into three broad groups = >i? grievances arising out o# abuse o# o##ice and

corruption on the part o# public #unctionaries, >ii? grievances arising out o# systemic de#i ciencies ithin an

organiation, and >iii? grievances arising #rom non1#ul#illment o# needs'demands$

+$ !hile the #irst category is amenable to statutory intervention similar to those embodied in the &TI %ct, the

second and the third categories may re/uire structural re#orms, capacity building and even substantial budgetary

allocations$

Amendments to PoCA, 1988

The ratification by India of the United Nations Convention

Against Corruption, the international practice on treatment of the offence of bribery and

corruption and judicial pronouncements have necessitated a review

The salient features of the Bill, inter alia, are as follows:—

(a) section 7 of the Act at present covers the offence of public servant taking

gratification other than legal remuneration in respect of an official act. The definition of

offence is proposed to be substituted by a new comprehensive definition which covers

all aspects of passive bribery, including the solicitation and acceptance of bribe through

intermediaries and also acts of public servants acting outside their competence;

(b) the Act at present does not contain any provisions directly dealing with

active domestic bribery, that is, the offence of giving bribe. Section 12 of the Act which

provides for punishment for abetment of offences defined in section 7 or section 11,

covers the offence indirectly. Section 24 provides that a statement made by a bribegiver

in any proceeding against a public servant for an offence under sections 7 to 11,

13 and 15 of the Act shall not subject him to prosecution under section 12. Experience

has shown that in a vast majority of cases, the bribe-giver goes scot free by taking

resort to the provisions of section 24 and it becomes increasingly difficult to tackle

consensual bribery. The aforesaid Convention enjoins that the promise, offering or

giving, to a public official, directly or indirectly, of an undue advantage, for the official

himself or herself or another person or entity, in order that the official act or refrain from

acting in the exercise of his or her official duties, be made a criminal offence.

Accordingly, it is proposed to substitute a new section 8 to meet the said obligation



(d) it is proposed to substitute section 9 to provide punishment for the offence

relating to bribing a public servant by a commercial organisation. A commercial

organisation will be guilty of this offence if any person associated with it offers,

promises or gives a financial or other advantage to a public servant intending to obtain

or retain business or some advantage in the conduct of business for the commercial

organisation. The proposed section 10 provides for punishment of persons in charge

of a commercial organisation which has been guilty of the offence under the proposed

section 9;

to modify

the definition of "known sources of income" as contained in Explanation, to mean

income received from any lawful source, that is, by doing away with the requirement of

intimation in accordance with any law, rules or orders applicable to a public servant;

(h) the Prevention of Corruption Act, at present, does not specifically provide

for the confiscation of bribe and the proceeds of bribery. A Bill, namely, the Prevention

of Corruption (Amendment) Bill, 2008, to amend the Prevention of Corruption Act,

1988, providing, inter alia, for insertion of a new Chapter IVA in the Prevention of

Corruption Act for the attachment and forfeiture of property of corrupt public servants

on the lines of the Criminal Law (Amendment) Ordinance, 1944, was introduced in the

Lok Sabha on 19th December, 2008 and was passed by the Lok Sabha on 23rd December,

2008. However, the said Bill lapsed due to dissolution of the Fourteenth Lok Sabha. It

is proposed to insert similar provisions on the lines of the 2008 Bill in the Prevention of

Corruption Act;

(i) the Prevention of Corruption (Amendment) Bill, 2008 had proposed an

amendment to section 19 of the Act on the lines of section 197 of the Code of Criminal

Procedure, 1973 for extending protection of prior sanction of the Government or

competent authority after retirement or demittance of office by a public servant so as

to provide a safeguard to a public servant from vexatious prosectuion for any bona

fide omission or commission in the discharge of his official duties. The said Bill having

lapsed, this protection is, at present, not available for a person who has ceased to be

a public servant. Section 19 is, therefore, proposed to be amended to provide the said

protection to the persons who ceased to be public servants on the lines of the said Bill.

Further, in the light of a recent judgment of the Supreme Court, the question of amending

section 19 of the Act to lay down clear criteria and procedure for sanction of prosecution,

including the stage at which sanction can be sought, timelines within which order has

to be passed, was also examined by the Central Government and it is proposed to

incorporate appropriate provisions in section 19 of the Act;



The amendment does away with the contentious Section 19 1(d) of the 1988 Act, under which CBI has booked Birla and

Parakh, for ‘misuse of official position to extend undue favours’, even without establishing any kind of quid-quopro or

bribe exchange. The PC Act with section 19 1(d) was enacted in 1988. Following that liberalisation happened in 1991

and the realties of globalisation mean we should have amended the law long ago. establishment of quid pro quowas

essential to determine corruption, as bureaucrats may be punished for bona fide errors otherwise.

The proposed law also introduces the need for prosecution sanction from the government for proceeding with an FIR

against retired bureaucrats of Joint Secretary Level and above. But in the present scheme of things, CBI can directly

chargesheet Parakh as retired bureaucrats have no such protection

it criminalises domestic bribe-giving by private sector and says that a director, partner or manager of a company will be

held liable if bribe was paid with “consent or connivance of, or is attributable to, any neglect on the part” of such senior

official.

Other Issues

Role of Media in Prooting !thics in Pu"lic #ife

)$ 9ollo up mechanism on media allegations

)$ 2edia ma"es many allegations$ 7ut it is common e*perience that very o#ten there is no systematic

arrangement to ta"e note o# these allegations and to #ollo them up$

+$ This should be an integral part o# redressal mechanisms in all public o##ices$

+$ Code o# conduct #or media

)$ 2any a times the media does not veri#y allegations and in#ormation be#ore putting them in the public

domain$ Some times, such allegations are also motivated$ Thus it is also necessary to evolve a code o#

conduct here all allegations are duly screened be#ore publishing and the accused is given a #air chance to

put #orth his version$

+$ The PCI as reconstituted to maintain and improve the standards o# nespapers and nes agencies

in India$ It has prescribed a Code o# Conduct #or the print media$ <oever, no such code e*ists #or the

electronic media$

-$ There should be a 7roadcasting &egulatory %uthority o# India >7&%I? covering the electronic media$

It should lay don a Code o# Conduct #or the electronic media as the PCI has done #or the print$

Role of Social Audit in Prooting !thics in Pu"lic #ife

1. Provisions #or social audit should be made a part o# the operational guidelines o# all schemes$



Ethical Concerns and Dilemmas in (overnment

Coalitions and !thics

)$ Coalitions should be based on a broad understanding re#lected in the common minimum programme$ The C2P

should be announced either prior to the election or be#ore the #ormation o# the government$

+$ The ethics o# coalition government is seriously strained hen the coalition partners change partnerships mid1

stream$ The common programme, hich has been e*plicitly mandated by the electorate becomes non1e*istent

and the poer given by the people is abused$

-$ To maintain the ill o# the people, it is necessary to lay don that i# a party leaves the coalition midstream, then

members o# that party shall have to see" a #resh mandate #rom the electorate$

Iunity !n$oyed "y #egislators %Art &'()

)$ The immunity to the legislators #or their acts in the parliament is not intended to shield their corrupt practices

but only to de#end their #reedom o# e*pression$ 9reedom o# speech inside the <ouse cannot be used by them to

solicit or to accept bribes$

+$ 7ut in the Narsimha &ao case, the SC arrived at the conclusion that hile bribe1givers could not claim

immunity, the bribe1ta"ers could claim such immunity$ It is obvious that this interpretation runs counter to all

notions o# justice, #air play and good conduct e*pected #rom 2Ps$ % constitution amendment is needed$

!thical Concerns and *ileas In Private Institutions

!thical Concerns and *ileas In International Relations

)$ Overtime the interconnectedness beteen nations has gro and there are greater shared responsibilities today

calling #or joint action$ International ethics may be seen as responding to this need #or international

action$ International ethics guides the international environmental e##ort to #ight against oone depletion, global

arming$

+$ Philosophies o# international ethics

)$ &ealism. It #ocuses solely on international poer$ In the international realm, realism holds that the

only thing that really matters is poer = hat poer a country has$ Nothing else matters = morality, ethics =

are all irrelevant$ The argument appears to be that in international sphere no one can be trusted each see"s

to dominate the other$ Either one country ill dominate the other or the other ill try to dominate the #irst, so

it is better to be the dominant country$ The realist approach is simply to deny any role #or common or shared

ethics$ &ealism sentiments ithin nations ma"e it rational to pursue poer, create poer distance and

dominance over its neighbors and at the same time see" to balance poer by aligning su##icient number o#

states #or a country to counter the poer in#luence o# those nations against it$ In this ay realism

creates and spans a orld #undamentally divided into to$ There ill be no unipolar orld #or sure, the #act

that one e*ists a#ter the collapse o# the Soviet 8nion is only a temporary phase, somehat illusionary$ The

orld soon responds by restoring and creating balance o# poer$

+$ Idealism. Idealism #ocuses on @common interestsA beteen nations, and not necessarily at the poer$



It see"s to build the international sphere on the basis o# idealist values$ Idealism has the potential to create

more lasting hopes o# peace$ Idealism points to trade interests beteen nations as common interests and

as plat#orms to build better, mutually bene#icial international relations$ The rise o# international and global

mar"et place are shon to be aiding and being supported by idealism$ In idealism, the international

system #ollo rules, las and institutions$ In idealism, thus ethics, morality, las, legal systems,

international institutions all have a central place$

-$ Constructivism. The #ocus is on domestic politics and ho it shapes #oreign policy$ Every nation and

every state create a sense o# national identity in various ays and nurture it through historical and

cultural means$ Thus national identity is constructed and it in turn is said to in#luence the ay the nations

interact$ Constructivism shos that nations resist any threat to their identities, nationalism, national

sovereignty that are perceived$ This or"s against attempts to change orld systems or orld order$ %ll

such attempts by other nations, hoever rational they may be, ill be resisted i# national identity is not

respected$ Constructivism #ocuses on national identity >rather than national interest?$ Its application can be

seen in religion based national identities o# middle east and south asia$ &eligious @#ault linesA o# con#lict may

open up and trigger problems not only in the international sphere but ithin a nation itsel# as a result$

0$ Cosmopolitanism. Cosmopolitanism li"e idealism believes in doing the right thing$ The right thing to

be done is to behave as you ould ant others to behave$ !here rules and las do not e*ist, it ould

re/uire that e come together and negotiate the rules and las that are ethical$ Some may even use it to

argue #or a orld government$

B$ Constrained choices. International ethics guides our choices in the international sphere, but

evidently our choices are constrained rather than #ree$ The choices may be constrained by the necessity o#

domestic politics$ The choices may be constrained by the identity politics$ The choices may be constrained

by international poer e/uations and balances$ 2any practical constraints li"e economic constraints and

national interest constraint ill also be there$

In International Funding

%ccountability and Ethical (overnance

Conscience as Source o# Ethical (uidance

Strengthening Ethics and ;alues in (overnance

Corporate Governance





Probity in Governance

Philosophical 7asis

Concept o# Public Service

&TI

egal 9rameor", as, &ules, &egulations #or Ethical 7ehavior

Prevention of Corruption Act+ &,--

)$ Need #or sanction

)$ In order to prevent harassment to honest o##icers, it as mandated that no court shall ta"e

cogniance o# o##ences ithout the permission o# the authority competent to remove the charged public

servant$

+$ It has been stipulated that no court shall stay the proceedings under the %ct on the grounds o# any

error or irregularity in the sanction granted, unless in the opinion o# the court it has led to #ailure o# justice$

+$ Immunity to bribe giver. It also provided that the statement by bribe1giver ould not subject the bribe giver to

prosecution$ It as considered necessary to grant such immunity to the bribe1giver, ho might have been #orced

by circumstances into giving a bribe$

-$ Trial by special judges. %ll corruption related o##ences could only be tried by special judges$ Proceedings o# the

court have to be held on a day1to1day basis$

0$ Possession o# assets disproportionate to the "non sources o# income is an o##ence$

Wea.nesses in the Prevention of Corruption Act+ &,--

)$ %ddition o# more o##ences

)$ There are #our types o# misconducts not e*plicitly covered under the %ct but hich are nonetheless

very damaging$

+$ The #irst is gross perversion o# the Constitution and democratic institutions, including, il#ul violation

o# the oath o# o##ice out o# partisan considerations or personal gains$ In most such cases, there may be

no illegal consideration, nor any #orm o# monetary grati#ication involved$

-$ The second is abuse o# authority unduly #avoring or harming someone, ithout any monetary



consideration$ In such cases, o#ten partisan interests, nepotism and personal prejudices play a role$

0$ Third, obstruction or perversion o# justice by unduly in#luencing la en#orcement agencies and

prosecution$ %gain in most such cases, partisan considerations, nepotism and prejudice, and not pecuniary

gain or grati#ication, may be the motive$

B$ 9inally, s/uandering public money, including high #lying li#e1styles, super#luous security has become

more common$

+$ Collusive bribery

)$ It provides immunity to a bribe1giver i# he gives a statement in the court$ <oever, the %ct does not

di##erentiate beteen 3coercive4 and 3collusive4 corruption$ The negative impact o# collusive corruption is

much orse$

+$ The conviction rates in coercive corruption are more than in collusive corruption$ (etting conviction in

collusive cases is e*tremely di##icult as both, the bribe1giver and the bribe1ta"er collude and are

bene#iciaries o# the transaction$

-$ So the %ct should be amended to list collusive bribery as a separate o##ence$ In all such cases i# it is

established that public interest has su##ered, then the court shall presume that the public servant and the

bene#iciary o# the decision committed an o##ence o# 3collusive bribery4$ The punishment #or all such cases o#

collusive bribery should be much higher$

-$ Sanction #or Prosecution

)$ It provides that previous sanction o# the competent authority is necessary be#ore a court ta"es

cogniance o# the o##ences$ The objective is to prevent harassment to honest public servants$

+$ <oever, no such sanction should be needed hen public servants have been trapped red1

handed or in cases o# possessing assets disproportionate to their "non sources o# income$

-$ In many cases, the issue o# the validity o# sanctions gets raised a#ter the prosecution has advanced

all evidences and this leads to inordinate delays$ The la should be amended that this could only be done

at the #irst stage, even be#ore #raming o# charges by the court$

0$ Currently the protection o# sanction doesn6t e*tend to a person i# at the time o# cogniance o# the

o##ences by the court, he'she has retired$ The la should be amended so that retired public servants can

also get the same level o# protection, as a serving public servant$

0$ &ecouping osses

)$ !hen public servants cause loss to the state by their corrupt acts, they should be made to pay bac"$

This should be put in the la$ %de/uate sa#eguards should be there so that bona #ide mista"es are not

penalied$

B$ Con#iscation o# Properties

)$ The %ct provides #or con#iscation o# assets o# public servants in e*cess o# their "non sources o#

income$ <oever, the provision has proved inade/uate because such #or#eiture is possible only on

conviction$

+$ %nother shortcoming is that the procedure #or attachment can start only a#ter the court has ta"en

cogniance o# the o##ence$ In actual situations, this may be too late as the accused may get enough time to

hide it$

-$ The third ea"ness is that the government has to authorie the #i ling o# a re/uest see"ing



attachment$

0$ !hile seeing the property, the 6relatives6 o# the civil servant should also be seen and the burden o#

proo# should be on them that such property as trans#erred #or bona#ide reasons only$

B$ 7enami transactions should be prohibited altogether and such properties con#iscated$ E*isting %ct

provides #or such con#iscation but since ), &ules have not been #ramed by the government toards this

purposeF So such con#iscation is currently not possible$

G$ Speeding up Trials

)$ To ensure speedy trial o# corruption cases, the e*isting provisions are.

1.

o %ll cases under the %ct are to be tried only by a Special Hudge$

1.

o The proceedings o# the court should be held on a day1to1day basis$

1.

o No court shall stay the proceedings under the %ct on the grounds o# any error or irregularity in the

sanction granted, unless in the opinion o# the court it has led to #ailure o# justice$

1.

)$ <oever inordinate delay has been seen in such trials$ % major cause is the tendency o# the accused

to obtain #re/uent adjournments$ There is also a tendency to challenge almost every interim order

passed by the trial court, in the <igh Court and later, in the Supreme Court and obtaining stay o# the trial$

+$ Such types o# opportunities to the accused need to be restricted by the la$ % legal provision needs

to be introduced #i*ing a time limit #or various stages o# trial$ %djournments should be given only #or

compelling reasons$



/he #o. Pal

)$ &elationship ith the C;C. The o" Pal should deal ith corruption by ministers and 2Ps$ Corruption o#

government o##icials is dealt by C;C$ In many cases, there may be collusion beteen the ministers and the

o##icers$ There#ore there should be an organic lin" beteen the o" Pal and the C;C$ !hile the C;C should enjoy

#ull #unctional autonomy, it should nevertheless or" under the overall superintendence o# the o" Pal$

+$ O##ice o# P2

)$ I# the P2 is guilty o# serious misconduct, Parliament should be the judge$

+$ It could be argued that since any minister could be removed on P26s advice, or Parliament as ell,

the o" Pal need not have jurisdiction on a minister4s conduct also$

-$ 7ut Parliament does not really sit in judgment over a minister4s conduct$ It is the P2 and the Council

o# 2inisters as a hole hose #ate is determined by Parliament4s ill$

0$ %nd the P2 does not have the time to personally investigate the conduct o# a minister$ The

government4s investigative agencies are controlled or in#luenced by the ministers so an independent body is

needed

#ocal 0"udsan

)$ It may be constituted #or a group o# districts$ It should have poers to en/uire and ta"e action against the

elected local body members$

+$ It is argued that constitution o# ocal Ombudsman ould lead to duplication o# e##orts since the o"ayu"ta is

already there$ The o"ayu"ta should investigate cases only against 2inisters and legislators$ Entrusting it ith

corruption o# local bodies too ould dilute its #ocus$

-$ 7ut the thread o# corruption sometimes runs deep$ So S;C and ocal Ombudsman should be organically

lin"ed ith the o"ayu"ta$

Code o# Ethics

Integrity Pacts

)$ It is an agreement beteen the public agency involved in procurement and the bidder that the bidders shall not

indulge in any corrupt practice to secure the contract in /uestion$ 9or its part, the public agency commits to a

level playing #ield and #air play$

+$ They are overseen and scrutinied by independent, outside observers$

Code of !thics for Civil Services

)$ Issues ith current Conduct &ules



)$ The code o# behavior as enunciated in the Conduct &ules, hile containing some general norms li"e

3maintaining integrity and absolute devotion to duty4 and not indulging in 3conduct unbecoming o# a

government servant4, is generally directed toards cataloging speci#ic activities deemed undesirable #or

government servants$ These Conduct &ules do not constitute a Code o# ethics$ The Code o# Ethics should

enunciate the /ualities and behavior desired in a civil servant$

+$ The present codes o# conduct are not direct and to the point$ They are length, comple* and are either

#ull o# vague sermons or too speci#ic ith outdated prescriptions$ % code o# ethics should be to the point,

small and easily understood$

-$ The code o# ethics should also deal ith con#lict o# interest hich the Conduct &ules do not address

ade/uately$

0$ It also contains some outdated and impractical rules such as

1. No Class I o##icer shall ithout previous sanction o# the government, permit

his son, daughter or other dependent, to accept employment in any company hichhas dealings ith the (overnment$ Post the economic re#orms, private sector has

gron rapidly and no virtually all major companies have dealings ith the

government$

2. Transactions over &s$ +, have to be reported to the government ithin a

month$ In#lation has rendered this limit impractical$

3. %ll property transactions have to be reported to the government$

+$ Desirable properties o# the Code o# Ethics

)$ It should have a clear statutary bac"ing and an independent, e##ective monitoring mechanism$ The

Civil Services %uthority may be entrusted ith this tas" o# auditing and evaluating the measures the organiations

have ta"en to uphold the civil service values$

+$ %t the ape* level, there should be a clear and concise statement o# the values and ethical standards hich

should re#lect public e*pectations$

%llegiance to the ideals enshrined in the Constitution$

%political #unctioning$

(ood governance to be the primary goal$

Duty to act objectively and impartially$

%ccountability and transparency in decision1ma"ing$

2aintenance o# highest ethical standards$

Ensuring economy and avoidance o# astage in e*penditure$

Provision o# healthy and congenial or" environment$

Commitment to the citiens4 concerns and public good$

Empathy #or the vulnerable and ea"er sections o# society$

+$ %t the second level, the broad principles hich should govern the behavior o# a civil servant may be

outlined$

1. Integrity1 Civil servants should be guided solely by public good in discharging their duties2

2. Ipartiality1 Civil servants in carrying out their o##i cial or", including #unctions li"e

procurement, recruitment, delivery o# services etc, should ta"e decisions based on merit alone$



3. Coitent to pu"lic service1 Civil servants should deliver services in a #air, e##ective,

impartial and courteous manner$

4. 0pen to accounta"ility1Civil servants are accountable for their decisions and actions and

should be willing to subject themselves to appropriate scrutiny for this purpose.

5. *evotion to duty1 Civil servants maintain absolute and unstinting devotion toards their

duties and responsibilities at all times$

6. !3eplary "ehaviour1Civil servants shall treat all members o# the public ith respect and

courtesy and, at all times, should behave in a manner that upholds the rich traditions o# the civil

services$

+$ %t the third level, there should be a speci#ic Code o# Conduct stipulating in a precise and unambiguous

manner, a list o# acceptable and unacceptable behavior and actions$

In#ormation Sharing and Transparency in (overnment

Citien Charters

*esired 4ualities in a Charter

)$ Decentralied activity. It needs to be speci#ic to the organiation and should be carried out at a decentralied

level$

+$ Simple, unambiguous and time bound

)$ It must be simple and clearly spell out the services delivered$

+$ Its design should be user #riendly$

-$ It is better to have a #e promises hich can be "ept rather than a long list o# lo#ty declarations hich

are impractical$

0$ It must contain measurable standards o# /uality o# service delivery including the time ithin hich the

service ould be provided$

B$ It should be in the local language as ell$

-$ E##ective mechanism #or its implementation

)$ %de/uate capacity building must ta"e place #or the implementation o# the charter$

+$ % time bound, e##ective grievance redressal mechanism should be put in place and highlighted

prominently in the charter along ith the compensation to the citiens$

-$ O##icers should be held accountable #or speci#ic activities and the <oD should be made accountable

#or overall charter implementation$

0$ Internal restructuring should precede charter #ormulation

)$ It should be prepared only a#ter a thorough revie o# the organiational processes ith a vie to

ma"e them more citien #riendly$ There can be a resistance to change as the ne practices may demand

signi#icant changes in the or"ing and attitude o# the sta##$ This needs to be overcome at that time only$

+$ It must be #ramed not only by senior e*perts, but by interaction ith the sta## ho ill # inally

implement it and the citiens ho are going to use it$



B$ Periodic revie and per#ormance audit

)$ 9rameor" should e*ist #or a periodic per#ormance audit and charter should be revieed and

updated$

G$ Prominently publicied

)$ It must be given ade/uate publicity both among the sta## and the citiens$ Special budget must be

earmar"ed #or this purpose$

J$ Needs o# special sections

)$ The needs o# senior citiens and the disabled should be considered hen dra#ting Charters$

!or" Culture

*elegation

)$ 2any government organiations have a tendency to hold bac" authority at higher levels and top policy ma"ers

indulge in micro1management o# routine$ So an e*ercise should be carried out to ma*imum possible delegation$

+$ E*tent o# delegation should #orm a part o# the %C& o# an o##icer$

KoS Delivery

8tiliation o# Public 9unds

Challenges o# Corruption

Aptitude for Civil Services

Documents