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Quotations: 4th ARC Report:

1. It is the repetition of affirmations that leads to Elimination of corruption is not only a moral
belief. And once that belief becomes deep imperative but an economic necessity for a nation
conviction, things begin to happen Mohammed aspiring to catch up with the rest of the world.
Ali. Perceived governance quality measures Voice
2. Without civic morality, communities perish; and Accountability, absence of political instability
without personal morality, their survival has no and violence; government effectiveness;
value Bertrand Russell. reasonableness of the regulatory burden; the rule
3. You must be the change you wish to see in the
of law; and the absence of graft.
world Gandhi.
4. As human beings, our greatness lies not so much Rule of law measures whether crime is properly
in being able to remake the world - that is the myth punished or not; enforceability of contracts;
of the atomic age - as in being able to remake extent of black market; enforceable rights of
ourselves- Gandhi. property; judiciarys independence.
5. The line separating good and evil passes not Public office should be treated as a trust. There are
between states nor between classes but through two facets to corruption: (1) the institution which
the middle of every human heart Aleksandr is highly corrupt; (2) individuals who are highly
Solzhenitsyn (Russian Author) corrupt.
6. The punishment suffered by the wise who refuse The rule of law can only defeat the perverse mind.
to take part in government, is to suffer under the However, it cannot defeat the perversity of the
government of bad men. Plato. (If governance is
heart.
by men who are derelict, the governed will suffer)
7. Law should be so succinct that it can be carried in Ethics is a set of standards that helps guide
the pocket of the coat and it should be so simple conduct. Ethics is a set of standards that society
that it can be understood by a peasant Napoleon. places on itself and which helps guide behaviour,
8. The purpose of a government is to make it easy choices and actions.
for people to do good and difficult to do evil Corruption is an important manifestation of the
Gladstone. failure of ethics. Corruption is so deeply
9. Rivers do not drink their waters themselves, nor entrenched in the system that most people regard
do trees eat their fruit, nor do the clouds eat the corruption as inevitable and any effort to fight it as
grains raised by them. The wealth of the noble is futile.
used solely for the benefit of others. In the real world, both values and institutions
10. Corruption and hypocrisy ought not to be matter. Values are needed to serve as guiding
inevitable products of democracy, as they stars, and they exist in abundance in our society. A
undoubtedly are today. Gandhi sense of right and wrong is intrinsic to our culture
11. Great things are not done by impulse but by a and civilization. But values need to be sustained by
series of small things brought together. And great institutions to be durable and to serve as an
things are not accidental, but must certainly be example to others.
willed. Vincent Van Gogh. Values without institutional support will soon be
12. The fishermen know that the sea is dangerous and weakened and dissipated. Institutions provide the
the storm terrible, but they have never found container, which gives shape and content to
these dangers sufficient reason for remaining values.
ashore V V Gogh. In our society, corruption and abuse of office has
13. Conscience is a mans compass V V Gogh. been aggravated by three factors (i) Colonial
14. The greater danger for most of us lies not in setting legacy of unchallenged authority and propensity
our aim too high and falling short; but in setting to exercise power arbitrarily.
our aim too low, and achieving our mark. (ii) Enormous asymmetry of power in our society.
Michelangelo. Such asymmetry of power reduces societal
15. Trifles make perfection, and perfection is no trifle pressure to conform to ethical behaviour and
Michelangelo. makes it easy to indulge in corruption.
16. Faith in oneself is the best and safest course (iii) Early decades after independence, excessive
Michelangelo. state control in many sectors created conditions
17. Plans are nothing. Planning is everything D D conducive to unbridled corruption.
Eisenhower. Implementation of the plans is the
It is generally recognized that monopoly and
most important thing.
discretion increase the propensity to corruption
18. To accept a gift is like selling your liberty - An
while competition and transparency reduce
ancient saying.
corruption.
The more remotely the power is exercised from People Act was unconstitutional as it violated
the people, the greater is the distance between equality before law. Now all convicted candidates
authority and accountability. The large number of stand at an election on the same footing, whether
functionaries between the citizen and final at the time of conviction they were incumbent
decision-makers makes accountability diffused legislators or not.
and the temptation to abuse authority strong. (iv) Enforcement of the code of conduct; (v) Free
Right to Information, effective citizens charters , and fearless polling Police arrangements have
stake-holders involvement in delivery of public been improved and including greater use of
services, public consultation in decision making central forces; using of EVMs in the poll process,
and social auditing are some of the instruments of etc.
accountability that dramatically curbed (vi) Reduction in size of council of ministers The
corruption and promoted integrity and quality of Constitution (Ninety-first Amendment) Act, 2003
decision making. restricts the size of the Council of Ministers to 15%
The state and a system of laws exist in order to of the strength of the Lower House in
enforce compliance and promote desirable Parliament/State legislature.
behaviour. Therefore, enforcement of rule of law Reform of Political Funding: Internationally,
and deterrent punishment against corruption are there are three broad patterns of state funding for
critical to build an ethically sound society. political parties and elections.
There should be a paradigm shift from the (i) Minimalist pattern, wherein elections alone
pejorative business ethics to ethics in business are partially subsidized usually through specific
Criminalization of politics participation of grants or state rendered services. Candidates are
criminals in the electoral processes is the soft accountable to the public authority for
underbelly of our political system. observance, reporting and disclosure of
The growth of crime and violence in our society expenditure for the limited election period. Ex. UK,
many causes Flagrant violation of laws, poor Ireland, Australia, New Zealand and Canada.
quality of services and the corruption in them, (ii) Maximalist Pattern - involves public funding
protection for law-breakers on political, group, not merely for elections but even for other party
class, communal or caste grounds, partisan activities, as in Sweden and Germany. This pattern
interference in investigation of crimes and poor involves less detailed regulation of contributions
prosecution of cases, inordinate delays lasting and expenditure because parties are dependent
over years and high costs in the judicial process, largely on state support and local requirements
mass withdrawal of cases, indiscriminate grant of enforce internal democracy as well as general
parole, etc., are the more important of the causes. transparency.
EC says 1 in 6 legislators in India faced grave (iii) Mix of both patterns Partial
criminal charges. (ADR myneta.info) says that reimbursement for public funding of elections on
34% of the LS 2014 MPs have self-declared a matching grant basis like France, Netherlands,
criminal cases against them. and S Korea.
Large illegal, and illegitimate expenditure in The Dinesh Goswami Committee on Electoral
elections is another root cause of corruption. Reforms set up in 1990 recommended limited
Recent Improvements/Initiatives to curb support, in kind, for vehicle fuel, hire charges of
malpractices in elections: (i) Improvement in microphones, copies of electoral rolls, etc. and
Accuracy of Electoral Rolls timely revision of recommended a ban on company donations.
electoral rolls and provision of photo ID Cards, Also, Indrajit committee on state funding of
online submission for changes in voter info etc. elections has recommended partial state funding
(ii) Disclosure of Antecedents of Candidates: The mainly in kind.
Supreme Court has directed that a candidate NCRWC
should declare any conviction by a court or Recent Finance Bill, 2016 mandates disclosure of
whether a criminal case is pending against him; party finances and contributions over .2000/-
The direction to file a declaration of assets and and introduction of Electoral Bonds is under
liabilities of the candidate and family members consideration.
would enable a check at the time of the next ARC Recommendation A system for partial state
elections. funding should be introduced in order to reduce
(iii) Disqualification of Persons Convicted of the scope of illegitimate and unnecessary funding
Criminal Offence - The Supreme Court ruled in of expenditure for elections.
2005 that Section 8(4) of the Representation of the
Tightening of Anti-defection Law: Defection ARC Recomn. HC burdened with cases; Set up
manipulation of the political system for furthering Special Election Tribunals for a period of 1 year,
private interests a potent source of political extendable for 6 months in exceptions under
corruption. The 91st CAA mandates resignation of Article 323B to ensure speedy disposal; comprise
legislative membership for all those who switch of HC judge and a senior civil servant with 5 years
political sides. ECI has insisted on internal of experience in conducting elections.
elections in political parties to elect their leaders. Disqualification of members Article 102 and
ARC Recomn. The issue of disqualification of Article 198 stipulate conditions for
members on grounds of defection should be disqualifications. A law under 102(e) may be
decided by the President/Governor on the advice enacted spelling out the conditions for
of the Election Commission. disqualifications in an exhaustive manner.
NCRWC Recomn. Ethics in Public Life: Ethics provides basis for
Disqualification of members - Section 8 of the creation of laws and rules. Our legal system
Representation of the People Act, 1951 needs to be emanates from a shared vision of what is good and
amended to disqualify all persons facing charges just.
related to grave and heinous offences and The fundamental principle in a democracy is that
corruption, with modification suggested by EC (as all persons holding authority derive it from the
a precaution against motivated cases, cases filed 6 people; in other words, all public functionaries are
months before an election would lead to trustees of the people.
disqualification). The trusteeship relationship between the public
False declarations All False Declarations before and the officials requires that the authority
RO, EO and CEO or the EC should be made an entrusted to the officials be exercised in the best
electoral offence under Section 31 of RPA. interest of the people or in public interest.
The audited accounts of the political parties Framework of ethical behaviour must include the
should be put in public domain EC reiterated this following elements: (a) Codifying ethical norms
proposal to increase transparency. and practices. (b) Disclosing personal interest to
Coalition ARC Recomn. The Constitution avoid conflict between public interest and
should be amended to ensure that if one or more personal gain. (c) Creating a mechanism for
parties in a coalition with a common programme enforcing the relevant codes. (d) Providing norms
mandated by the electorate either explicitly before for qualifying and disqualifying a public
the elections or implicitly while forming the functionary from office.
government, realign midstream with one or more Ethical standards for holders of Public Office
parties outside the coalition, then Members of that Nolan Committee in the United Kingdom. It
party or parties shall have to seek a fresh mandate outlined 7 principles of public life.
from the electorate. Selflessness Holders of public office should act
CEC Appointment Article 324 stipulates that solely in terms of the public interest. They should
CEC and other ECs are to be appointed by the not do so in order to gain financial or other
president on the advice of the Prime Minister. material benefits for themselves, their family or
ARC Recomn. Considering the importance of friends.
the CEC, to enjoy the confidence of all the parties, Integrity Holders of public office should not place
A collegium headed by the Prime Minister with the themselves under any financial or other obligation
Speaker of the Lok Sabha, the Leader of Opposition to outside individuals or organizations that might
in the Lok Sabha, the Law Minister and the Deputy influence them in the performance of their official
Chairman of the Rajya Sabha as members should duties.
make recommendations for the consideration of Objectivity Holders of public office should be as
the President for appointment of the Chief open as possible about all the decisions and
Election Commissioner and the Election actions they take. They should give reasons for
Commissioners. their decisions and restrict information only when
Expediting disposal of Election Petitions They the wider public interest clearly demands.
are to be filed in High Court and should be Accountability Holders of public office are
disposed of within 6 months as per RPA. NCRWC accountable for their decisions and actions and
special election benches should be constituted in must submit themselves to whatever scrutiny
the HC exclusively for disposal of Election necessary to ensure this.
petitions. Openness Holders of public office should act and
take decisions in an open and transparent manner.
Information should not be withheld from the l) Ministers must act objectively, impartially,
public unless there are clear and lawful reasons honestly, equitably, diligently and in a fair and just
for doing so. manner.
Honesty Holders of public office should be ARC Recomn. (i) Dedicated units should be set
truthful. They have a duty to declare any private up in the offices of the Prime Minister and the
interests relating to their public duties and to take Chief Ministers to monitor the observance of the
steps to resolve any conflicts arising in a way that Code of Ethics and the Code of Conduct. The unit
protects the public interest. should also be empowered to receive public
complaints regarding violation of the Code of
Leadership Holders of public office should exhibit
Conduct.
these principles in their own behaviour. They
(ii) The Prime Minister or the Chief Minister
should actively promote and robustly support the
should be duty bound to ensure the observance of
principles and be willing to challenge poor the Code of Ethics and the Code of Conduct by
behaviour wherever it occurs. Ministers. This would be applicable even in the
Code of Conduct for ministers RPA provides case of coalition governments where the Ministers
for it. It is a starting point for ensuring good may belong to different parties.
conduct by Ministers. ARC Recomn. A Code of (iii) An annual report with regard to the
ethics should be there to provide guidance on how observance of these Codes should be submitted to
they should uphold the highest standards of the appropriate legislature. This report should
constitutional and ethical conduct in the include specific cases of violations, if any, and the
performance of their duties. It should include the action taken thereon; it should be put in public
following: domain.
a) Ministers must uphold the highest ethical Currently, both the houses have provided for
codes of conduct and norms for disclosure of
standards;
interest and declaration of assets and liabilities of
b) Ministers must uphold the principle of collective
their members. The committee on Ethics of both
responsibility; the LS and RS oversee the moral and ethical
c) Ministers have a duty to Parliament to account, conduct of the members.
and be held to account, for the policies, decisions Examples H G Mudgal Case in 1951 Cash for
and actions of their departments and agencies; questions case and Aaj Tak telecast regarding
d) Ministers must ensure that no conflict arises, or acceptance of money for asking questions in 2005.
appears to arise, between their public duties and ARC Recomn. An Office of Ethics
their private interests; Commissioner may be constituted by each House
e) Ministers in the Lok Sabha must keep separate of Parliament. This Office, functioning under the
their roles as Minister and constituency member; Speaker/Chairman, would assist the Committee
f) Ministers must not use government resources for on Ethics in the discharge of its functions, and
party or political purposes; they must accept advise Members, when required, and maintain
responsibility for decisions taken by them and not necessary records. (Similarly in states also)
merely blame it on wrong advice. Maintaining register of members interests.
Annual Report of transgression may be tabled in
g) Ministers must uphold the political impartiality of
the legislature.
the Civil Service and not ask civil servants to act in
Office of Profit (OoP): The constitution lays down
any way, which would conflict with the duties and that legislators would be disqualified, if they were
responsibilities of civil servants; to hold any OoP under the government other than
h) Ministers must comply with the requirements the office declared by the law not to disqualify its
which the two Houses of Parliament lay down holder. Why is this needed? To obviate conflict of
from time to time; interest between the duties of office and
i) Ministers must recognize that misuse of official legislative functions.
position or information is violation of the trust If the legislators are beholden to the executive, the
reposed in them as public functionaries; legislature can no longer retain its independence
j) Ministers must ensure that public moneys are and loses the ability to control the Council of
used with utmost economy and care; Ministers and the army of officials and public
k) Ministers must function in such a manner as to servants.
serve as instruments of good governance and to In countries like Britain and Germany, a political
culture has been evolved in which public office is
provide services for the betterment of the public
a means for promoting social good and not for
at large and foster socio-economic development;
private or family gain. In our case, at times public
and office is perceived to be an extension of ones
property Public offices became source of huge f) Maintenance of highest ethical standards.
corruption and means of extending patronage. g) Merit to be the criteria in selection of civil servants
There is a need to examine the definition of OoP. consistent, however, with the cultural, ethnic and
ARC Recomn. The Law should be amended to other diversities of the nation.
define office of profit based on the following h) Ensuring economy and avoidance of wastage in
principles: (i) All offices in purely advisory bodies expenditure
where the experience, insights and expertise of a i) Provision of healthy and congenial work
legislator would be inputs in governmental policy,
environment
shall not be treated as offices of profit, irrespective
of the remuneration and perks associated with j) Communication, consultation and cooperation in
such an office. performance of functions i.e. participation of all
levels of personnel in management.
(ii) All offices involving executive decision making
and control of public funds, including positions on
the governing boards of public undertakings and
statutory and non-statutory authorities directly
deciding policy or managing institutions or
authorizing or approving expenditure shall be
treated as offices of profit, and no legislator shall
hold such offices.
(iii) If a serving Minister, by virtue of office, is a
member or head of certain organizations like the
Planning Commission, where close coordination
and integration between the Council of Ministers
and the organization or authority or committee is
vital for the day-to-day functioning of government,
it shall not be treated as office of profit.
Schemes such as MPLADS and MLALADS should CoC for regulators: Decline in ethical values in
be abolished. Why? It is against the notion of the professions has adversely impacted on the
separation of powers, as legislator becomes the governance of the country and is an important
executive. Making day-to-day decisions on reason for increasing corruption in public life.
expenditure after the legislature has approved the The role of external regulators would also
budget, is a key executive function. Also, a report increase as governments functions are thrown
on MPLADS by former chairman of PAC states that open. In such cases, prescribing ethical norms for
the scheme distorted the MPs role in the federal the regulators themselves as well as for the service
system and diverted funds which should have providers would become essential.
actually gone to agencies like the Panchayati Raj ARC Recomn. A comprehensive and enforceable
institutions. Code of Conduct should be prescribed for all
Members of Parliament and Members of State professions, with statutory backing.
Legislatures should be declared as Public Ethical framework for Judiciary: Independence
Authorities under the Right to Information Act, of the judiciary is inextricably linked with judicial
except when they are discharging legislative ethics. An independent judiciary enjoying public
functions. confidence is a basic necessity of the rule of law.
Code of Ethics for Civil Servants: What we have Any conduct on the part of a judge, which
in India are several Conduct Rules, which prohibit demonstrates a lack of integrity and dignity, will
a set of common activities. These Conduct Rules do undermine the trust reposed in the judiciary by
serve a purpose, but they do not constitute a Code the citizens. The conduct of a judge should,
of Ethics. therefore, always be above reproach.
It is necessary to build safeguards to prevent SC in 1997 has come up with Restatement of
conflict of interest. Values of Judicial Life.
Public Service Values envisaged in Draft Public A judiciary independent of a king or executive
Services Bill are: alone is a good thing; but independence of the will
a) Allegiance to the various ideals enshrined in the of the nation is a solecism, at least in a republican Commented [sr1]: A breach of good manners; an
preamble to the Constitution government- Thomas Jefferson. instance of incorrect behaviour.

b) Apolitical functioning ARC Recomn. The Restatement of Values of


c) Good governance for betterment of the people to Judicial Life is a comprehensive but not exhaustive
code of ethics. It would be desirable to designate a
be the primary goal of civil service.
senior judge of Supreme Court as Judicial Values
d) Duty to act objectively and impartially.
Commissioner.
e) Accountability and transparency in decision-
making.
The Judicial Values Commissioner should be confidence in the system and breeds anarchy and
empowered to enquire into cases of violation of violence.
the Code of Conduct and report the matter to the (4) Squandering public money, including
Chief Justice of India for taking action. ostentatious official life-styles in such cases,
The Judicial Values Commissioner should have there is neither private gain nor specific gain or
jurisdiction over the judges of the Supreme Court, loss to any citizen. There is also no
and members of other judicial and quasi-judicial misappropriation involved. The public exchequer
bodies. at large suffers and both public interest and
Judicial independence is not absolute. Judicial citizens trust in government are undermined.
independence and accountability are two sides of ARC Recomn. Classify offences in PCA as per the
the same coin Law Commission (195th Report). above descriptions.
National Judicial Council to be constituted for Collusive and Coercive Bribery: In any corrupt
appointment of members of the judiciary transaction, there are two parties - the bribe-giver
however the court has struck down the NJAC Act, and the bribe-taker. The offence of bribery can be
saying that it is violative of basic structure and classified into two categories. In one category the
taking away the independence of the judiciary. bribe giver is a victim of extortion, he is compelled
Legal Framework for fighting corruption: to pay for a simple service, because if he does not
Prevention of Corruption Act, 1988 (PCA) did not submit to the extortionary demands of the public
provide the definition of Corruption. It lists servant, he ends up losing much more than the
offences of bribery and other related offences. bribe. The delays, harassment, uncertainty, lost
A public servant is an authority that must be opportunity, loss of work and wages - all resulting
appointed by government or a semi-governmental from non-compliance with demands for a bribe -
body whom should be in the pay or salary of the are so great that the citizen is sucked into a vicious
same. cycle of corruption for day-to-day survival. This is
A public servant is to discharge his duties in called Coercive Bribery.
accordance within the rules and regulations made There is another category of cases where the
by the government. bribe-giver and bribe-taker together fleece
These offences broadly cover acceptance of illegal society, and the bribe-giver is as guilty as or even
gratification as a motive or reward for doing or guiltier than the bribe-taker. These are cases of
forbearing to do any official act, or favouring or execution of substandard works, distortion of
disfavouring any person; obtaining a valuable competition, robbing the public exchequer,
thing without consideration or inadequate commissions in public procurement, tax evasion
consideration; and criminal misconduct involving by collusion, and causing direct harm to people by
receiving gratification, misappropriation, spurious drugs and violation of safety norms. This
obtaining any pecuniary advantage to any person is termed as Collusive Bribery.
without any public interest, or being in possession ARC Recomn. The PCA needs to be amended to
of pecuniary resources or property provide for a special offence of collusive bribery.
disproportionate to his known sources of income. An offence could be classified as collusive bribery
There are 4 types of conduct which cause if the outcome or intended outcome of the
immense damage to public interest, which do not transaction leads to a loss to the state, public or
explicitly constitute violation of criminal law. public interest.
(1) Gross perversion of the Constitution and In all such cases if it is established that the interest
democratic institutions, including, wilful violation of the state or public has suffered because of an act
of the oath of office. of a public servant, then the court shall presume
(2) Abuse of authority unduly favouring or that the public servant and the beneficiary of the
harming someone, without any pecuniary decision committed an offence of collusive
consideration or gratification. In such cases, often bribery. The punishment should be double that of
partisan interests, nepotism and personal other cases of bribery.
prejudices play a role, though no corruption is Sanction for prosecution: Section 19 of the
involved in the restrictive, legal sense of the term. Prevention of Corruption Act provides that
They undermine the very framework of ethical previous sanction of the competent authority is
governance and rule of law. necessary before a court takes cognizance of the
(3) Obstruction or perversion of justice by unduly offences. The objective of this provision is to
influencing law enforcement agencies and prevent harassment to honest public servants
prosecution. Again in most such cases, partisan through malicious or vexatious complaints. The
considerations, nepotism and prejudice, and not sanctioning authority is expected to apply his/her
pecuniary gain or gratification, may be the motive. mind to the evidence placed before him/ her and
The resultant failure of justice undermines public be satisfied that a prima facie case exists against
the accused public servant.
Problems with this provision sanctioning Liability of Corrupt Public Servants to Pay
authority shielding dishonest officials, inordinate damages: While corrupt acts of a public servant
delays in sanctioning, unintentional defects in the are liable for punishment under the Prevention of
grant of sanction has been used by the accused to Corruption Act, there is no civil liability for the
challenge the section and have it set aside, wrong doer nor is there a provision for
nullifying the entire proceedings. compensation to the person/organization which
There are some areas which need improvements has been wronged or has suffered damage because
(a) Dispensing with sanction in cases where public
of the misconduct of the public servant. The
servants have been trapped red-handed or in Constitutional Review Committee had
cases of possessing assets disproportionate to recommended the enactment of a comprehensive
their known sources of income: The intention of
law to provide for the creation of liability in cases
the legislation appears to be to provide adequate
where public servants cause loss to the State by
protection to public servants in the discharge of
malafide actions or omissions. The ARC
their legitimate official duties.
recommended to insert a provision in the PCA to
This objective can well be served if this provision that effect.
is limited to such cases where the alleged
Speeding up trials under the PCA: In order to
misconduct is directly connected with the
ensure speedy trial of corruption cases, the Act
discharge of official duties.
(b) Validity of sanction for prosecution: It has been made the following provisions:
found that sanctioning authorities are often a. All cases under the Act are to be tried only by a
summoned to adduce evidence on the sanction Special Judge.
they had given and takes place several years later. b. The proceedings of the court should be held on
Many cases are discharged/acquitted on the a day-to-day basis.
ground that the authority had not applied mind c. No court shall stay the proceedings under the
while giving its sanction. Problems (i) this issue Act on the grounds of any error or irregularity in
being raised after the prosecution has adduced all the sanction granted, unless in the opinion of the
the evidence. (ii) Not fair to the accused who has court it has led to failure of justice.
undergone a major part of the prosecution But there is a lot of delay in the proceedings as the
process, particularly if the sanction is found to be judges are burdened with other non-corruption
untenable. (c) Sanctioning authority unable to cases also.
attend the court due to official preoccupations ARC Recomn. Introduce a time limit for various
leading to delay in trial. stages of the trial by amending CrPC; trial to be
ARC Recomn. The Prevention of Corruption Act held on a day-to-day basis. Steps have to be taken
should be amended to ensure that sanctioning to ensure that judges declared as Special Judges
authorities are not summoned and instead the under the provisions of the Prevention of
documents can be obtained and produced before Corruption Act give primary attention to disposal
the courts by the appropriate authority. of cases under the Act.
The Presiding Officer of a House of Legislature Corruption involving the Private Sector: The
should be designated as the sanctioning authority private agencies does not come under the purview
for MPs and MLAs respectively; as recommended of PCA. The tasks hitherto performed by
by the NCRWC. government are being done by the private sector
Protection to those persons who have ceased to be and many NGOs are taking substantial aid from the
public servants at the time of taking cognizance of government and they spend public money, it
the offence by the court: The requirement of prior would be desirable to bring such agencies and
sanction for prosecution now applicable to persons under the ambit of PCA.
serving public servants should also apply to ARC Recomn. The Prevention of Corruption Act
retired public servants for acts performed while in should be suitably amended to include in its
service. purview private sector providers of public utility
Expediting sanctions: In all cases where the services.
Government of India is empowered to grant Non-Governmental agencies, which receive
sanction for prosecution, this power should be substantial funding, should be covered under the
delegated to an Empowered Committee Prevention of Corruption Act. Norms should be
comprising the Central Vigilance Commissioner laid down that any institution or body that has
and the Departmental Secretary to Government. received more than 50% of its annual operating
Similar arrangements may be made at the state costs, or a sum equal to or greater than Rs 1 Crore
level. during any of the preceding 3 years should be
deemed to have obtained substantial funding for popular means to park unaccounted money. The
that period and purpose of such funding. act will reduce black money transactions and
Also it held that corruption within the private makes it accessible for buyers to buy a property
sector should be tackled through the effective without hassles. The recent measures introduced
enforcement of existing laws and regulations. by the Registration Department such as the
Bringing the activities of the entire private sector compulsory disclosure of PAN or other proof of ID,
within the fold of the Prevention of Corruption Act Tax Deducted at Source (TDS) certificates, etc., are
is neither desirable nor practical. (Companies Act other steps to ensure transparency. If these
deals with private sector). measures are strictly implemented, over a period
Classification of properties illegally acquired of time, it will not be possible to divert black
by corrupt means: The Prevention of Corruption money into real estate.
Act provides for confiscation of assets of public Transparency and clarity on titles will bring in
servants in excess of their known sources of genuine investors and make it an end-user driven
income. However, the provision has proved market.
inadequate because such forfeiture is possible The Act will not only help seize Benami properties,
only on conviction for the relevant offences. but boost the economy.
ARC Recomn. For confiscation of the property Protection to Whistle blowers: Crucial role in
of a public servant convicted for possession of providing information about corruption. The
disproportionate assets, the law should shift the public servants who work in a department or
burden of proof to the public servant who is agency know the antecedents and activities of
convicted. others in their organisation. But often unwilling to
Benami Transactions (Prohibition) Amendment share information for fear of reprisal.
Act, 2016 Features of the Act: The Legislation should be enacted immediately to
government can now confiscate the property provide protection to Whistle-blowers on the
without paying any compensation to the buyer or following lines proposed by the Law Commission:
benamidar, thus prohibiting its recovery. Whistle-blowers exposing false claims, fraud or
Introduction of four authorities Initiating corruption should be protected by ensuring
Officer, Approving Authority, Administrator, and confidentiality and anonymity, protection from
Adjudicating Authority who will conduct victimization in career, and other administrative
investigations and inquiries on Benami measures to prevent bodily harm and harassment.
transactions. This will ensure transparency. An The legislation should cover corporate whistle-
Appellate Tribunal will hear appeals passed by the blowers unearthing fraud or serious damage to
Adjudicating Authority, and these in turn will be public interest by wilful acts of omission or
heard by the High Court. commission.
Earlier, the definition of a Benami Transaction Serious Economic Offences: include tax evasion,
was limited to any transaction in which the counterfeiting, distorting share markets,
property is transferred to a person for a falsification of accounts, frauds in the banking
consideration paid or provided by another system, smuggling, money laundering, insider
person. This definition also included properties trading and even bribery.
purchased by a person in the name of his/ her The punishments under various acts such as
spouse or any one of the children. Banking Regulation Act, Income Tax Act, Essential
The new act amends definition to add other commodities Act, FEMA, etc. could not act as a
transactions which qualify as benami, such as deterrent of these crimes, and as a result these
property transactions where: (i) the transaction is become a high gain low risk activity.
made in a fictitious name, (ii) the owner is not N.N. Vohra Committee had in 1993 revealed the
aware of denies knowledge of the ownership of powerful nexus between those who violated the
the property, or (iii) the person providing the economic laws, politicians and government
consideration for the property is not traceable.The functionaries, which resulted in protection of
new law provides up to seven years large-scale economic crimes.
imprisonment and a fine for those indulging in The Mitra committee report submitted to the RBI
such transactions, whereas the earlier law criminal jurisprudence too weak to control the
provided for up to three years imprisonment or bank frauds. 2-pronged strategy for systemic
fine or both. reforms strict implementation of Regulators
Effects of the Act: Black Money & Real Estate guidelines and obtaining compliance certificates;
Immovable assets such as real estate are the and a punitive approach by defining scams as a
serious offence with the burden of proof shifting Secretary, Finance Secretary, Dy. Governor of RBI,
to the accused and with a separate investigative and Chairman SEBI etc. as members.
authority for serious frauds, and special courts Section 6A of Delhi SPE Act, 1946 prior
and prosecutors for trying such cases. concurrence of registration of cases when
The Naresh Chandra Committee on Corporate allegations refer to the level of joint secretary and
Audit and Finance recommended in 2002: A above.
Corporate Serious Fraud Office (CSFO) should be It has been argued that given the prevailing
set up in the Department of Company Affairs with corruption ridden environment, there is danger of
specialists inducted on the basis of such a provision being misused to protect corrupt
transfer/deputation and on special term senior public servants, and if at all such a
contracts; This should be in the form of a multi- protection is to be given, the power should vest
disciplinary team that not only uncovers the fraud, with an independent body like the CVC, which can
but is able to direct and supervise prosecutions take an objective stand.
under various economic legislations through The counter argument is that officers at the level
appropriate agencies. (Similar to the lines of SFO in of Joint Secretaries and above have an important
the UK) role in decision making in the government. Also
A Serious Frauds Investigation Office (SFIO) was while taking these decisions or rendering advice
set up in 2003 as a specialised multi-disciplinary they should be able to do so without any fear or
organisation to deal with cases of serious favour. Exposing these officers to frequent
corporate frauds. It has experts from the financial enquiries could have a demoralizing effect on
sector, capital market, banks, accountancy, them and encourage them most of the time to save
forensic audit, taxation, law, information their skin and not act in a manner that would best
technology, company law, customs and serve the public interest.
investigation. ARC Recomn. Permission to take up
The existing SFIO, though a positive step, can investigations under the present statutory
investigate offences only under the Companies arrangement should be given by the Central
Act. The complex and multi-disciplinary nature of Vigilance Commissioner in consultation with the
Serious Economic Offences would require the concerned Secretary. In case of investigation
constitution of an empowered body to investigate against a Secretary to Government, the permission
and prosecute the cases under all such offences. should be given by a Committee comprising the
ARC Recomn. A new law on Serious Ecnomic Cabinet Secretary and the Central Vigilance
Offences should be enacted. A Serious Economic Commissioner.
Offence may be defined as : Immunity enjoyed by the legislators: NCRWC
1) One which involves a sum exceeding Rs 10 crores; recommended that Article 105(2) may be
or amended to clarify that the immunity enjoyed by
2) is likely to give rise to widespread public concern; Members of Parliament under parliamentary
or privileges should not cover corrupt acts
3) its investigation and prosecution are likely to committed by them in connection with their
require highly specialized knowledge of the duties in the House or otherwise. ARC
financial market or of the behaviour of banks or recommended that suitable amendments may be
other financial institutions; or made to Article 194(2) at state level also.
4) involves significant international dimensions; or (In P V Narasimha Rao vs. State (CBI/SPE)
5) in the investigation of which there is requirement certain MPs had conspired to bribe certain other
of legal, financial, investment and investigative members to vote against a no-confidence motion
skills to be brought together; or in the parliament the court held that while bribe-
6) Which appear to be complex to the Union givers, who were Members of Parliament, could
Government, regulators, banks, or any financial not claim immunity under Article 105, the bribe-
institution. takers, also Members of Parliament, could claim
A Serious Frauds Office (SFO) should be set up such immunity if they had actually spoken or
under the new law to investigate and prosecute voted in the House in the manner indicated by the
such offences and subsume the existing SFIO. bribe-givers.)
A Serious Frauds Monitoring Committee should be
constituted to oversee the investigation and Article 311:
prosecution of such offences; to be headed by Under Article 310, -persons serving the Union or a
cabinet secretary, should have CVC, Home State hold office during the pleasure of the
President or the Governor of the State as the case Article- 311 is also not attracted if age of
may be. retirement is reduced. (Andhra Pradesh v
Article 311 Dismissal, removal or reduction in Moinuddin).
rank of persons employed in civil capacities under Compulsory retirement also does not attract the
the Union or a State (1) No person who is a aforesaid Article (Biswanath v Bihar 2001).
member of a civil service of the Union or an all- Courts do not sit in appeal over findings of
India service or a civil service of a State or holds a Departmental inquiries. The role of the higher
civil post under the Union or a State shall be courts is restricted to ascertain whether the
dismissed or removed by an authority inquiry was fairly or properly conducted; once
subordinate to that by which he was appointed. that is proved, the court will not interfere with the
(2) No such person as aforesaid shall be dismissed ultimate finding. The court will interfere only in
or removed or reduced in rank except after an cases where there is no evidence whatsoever to
inquiry in which he has been informed of the support the finding of guilt. (Kuldeep v
charges against him and given a reasonable Commissioner of Police 1999)
opportunity of being heard in respect of those It is argued that it is the rules governing
charges: disciplinary enquiries, and not Article 311 itself,
Arguments in favour of Article 311 this article that are responsible for the delays in enquiry and
subjects the doctrine of pleasure contained in even in the removal of delinquent government
preceding Article 310 to certain safeguards. The servants.
safeguards are focused and the framers were It will be clear from the rulings cited above that the
mindful of the rare eventualities. Even if Article Supreme Court has adopted a judicious approach
311 were to be repealed, it is argued, the need for to Article 311 and it would be unreasonable to
giving an opportunity to be heard cannot be take the view that the said Article has proved a
dispensed with; as the opportunity of being heard panacea for delinquent Government employees.
is held to be fundamental principle of natural Arguments in favour of repealing Article 311
justice. it can be argued that if the decisions of the
The requirement that only an authority which is judiciary did not obviate the need to act against
the appointing authority or any other authority delinquent officials, then why retain the Article
superior to it can impose a punishment of with its potential to protect the corrupt through
dismissal or removal also appears reasonable as any unintended interpretation? There are cases
the government follows a hierarchical structure where SC has struck down the actions of the
where the appointing authority for different disciplinary authority or the government. Some
categories of employees are assigned to different cases are:
levels. Where a temporary servant was accused of
Moreover, if Article 310 stands without the accepting bribe, it was held that the matter should
procedural safeguards of Article 311, it is highly have been dealt with in accordance with Article
unlikely that the rules governing disciplinary 311 and if proved guilty the penalty of dismissal,
proceedings and departmental inquiries can be instead of termination of service should have been
dispensed with on the ground that the President imposed. (Madan Gopal v Punjab AIR 1963).
or the Governor have a right to dismiss an official Where an inquiry was held at a place away from
from service without proving charges after due the place of posting and the accused employee
inquiry. In such a situation the only outcome could not attend the proceedings due to lack of
would be an increase in litigation concerning funds as he was not paid any subsistence
service matters. allowance (during the period of suspension), it
Besides, judicial review is an integral part of our was held that the inquiry was vitiated. (Fakirbhai
Constitution and a substantial portion of the v Presiding Officer 1986).
appellate work of the Supreme Court concerns It is necessary for the Disciplinary Authority to
Article 311. A number of case judgements reveal furnish copy of report of Inquiry Officer to
that the article is not an obstacle in dealing with Charged Officer and give him an opportunity to
delinquent public servants. make a representation against it before taking a
The disciplinary authority is free to take a view decision on the charges. (Union of India v. Mohd.
contrary to the finding of not guilty by the inquiry Ramzan Khan, 1991).
officer. (High Court v Shrikant Patil 2000). But even if the Government has, by contract or
under the rules, the right to terminate the
employment without going through the procedure
prescribed for inflicting the punishment of The Commission believes that the rights of a civil
dismissal or removal or reduction in rank, the servant under the Constitution should be
Government may, nevertheless, choose to punish subordinate to the overall requirement of public
the servant and if the termination of service is interest and the contractual right of the State. It
sought to be founded on misconduct, negligence, cannot be an argument that a corrupt civil
inefficiency or other disqualification, then it is a servants rights are more important than the need
punishment and the requirements of Article 311 to ensure an honest, efficient and corruption-free
must be complied with. (P.L. Dhingra v Union of administration.
India, 1958) Ultimately, the public servant, an agent of the
India is perhaps one of very few countries where a State, cannot be superior to the State and it is his
public servant, who, though an agent of the fundamental duty to serve the State with integrity,
government, has the power to invoke devotion, honesty, impartiality, objectivity,
Constitutional rights against the government transparency and accountability.
which is his/her employer. (In UK, the punitive It is true that the government as an employer is
action is possible with a hearing permitted at the expected to act in a fair manner and it has to be a
discretion of the appropriate authority, from model employer worthy of emulation by others. It
which the admin system adopted in India) has also to be ensured that honest and efficient
The Indian Constitution, and Part XIV thereof, was public servants are not subjected to the whims and
drafted at a time when, in the aftermath of fancies of their superiors.
partition, and post-colonial administrative No government can be expected to dispense with
upheavals, it was felt necessary to prescribe the services of a government servant in an
certain guarantees to the bureaucracy. In the arbitrary manner or without a proper enquiry.
present scenario, it does not appear quite Such arbitrary removal is not possible even in the
necessary. private sector.
It is no doubt essential that reasonable ARC Recomn. Article 310 and 311 should be
opportunity is provided to a government official repealed. Suitable legislation to provide for all
against what might be arbitrary or vindictive necessary terms and conditions of services should
action. But this should be only reasonable, not be provided under Article 309, to protect the bona
excessive, and that must be the criteria for fide actions of public servants taken in public
assessing the nature of legal protection that the interest; this should be made applicable to the
employee must receive. States. Necessary protection to public servants
The protection required to be provided in terms of against arbitrary action should be provided
security of tenure or permanancy in the civil through such legislation under Article 309.
service must not lead to a situation where delayed Disciplinary Proceedings Action initiated to
action becomes common reason for emboldening find whether an employee has violated a
errant officials into committing acts against public prescribed or implicit code of ethical and
interest. professional conduct to enable the employer to
The Hota Committee while recommending impose penalties like forfeiture of employment or
measures to make civil services responsive, denial of employment related benefits on the
citizen friendly, and ethical stated Article 311 guilty.
should be suitably amended that if there are Govt of India Act 1919 is regarded as a watershed
allegations against a civil servant / person holding in terms of disciplinary proceedings.
a civil post of accepting illegal gratification or of The existing regulations governing disciplinary
having assets disproportionate to his known proceedings need to be recast and the following
sources of income and the President or the broad principles should be followed in laying
Governor is satisfied that the civil servant / person down the new regulations.
holding a civil post be removed from service The procedure needs to be made simple so that the
forthwith in the public interest, the President or proceedings could be completed within a short
the Governor may pass an order removing the civil time frame.
servant / person holding the civil post from Emphasis should be on documentary evidence,
service and give him an opportunity in a post- and only in case documentary evidence is not
decisional hearing to defend himself. sufficient, recourse should be made to oral
NCRWC also recommended for the repeal or evidence.
amendment of the Article 311. An appellate mechanism should be provided
within the department itself.
Imposition of major penalties should be PM office to be under Lokpal?? In a democracy,
recommended by a committee in order to ensure the citizen is the sovereign and every public
objectivity. servant holds office to serve the citizens, spending
tax money and exercising authority under the laws
Institutional Framework: made on citizens behalf or under constitution
DoPT nodal agency for dealing with Vigilance which we people gave unto ourselves. Therefore,
and anti-corruption. Its tasks, inter alia, are to no functionary should be exempt from scrutiny by
oversee and provide necessary directions to the the Lokpal.
Governments programme of maintenance of PM unchallenged authority and leadership are
discipline and eradication of corruption from the critical to ensure cohesion and sense of purpose in
public services. government, and to make our constitutional
The other institutions and agencies at the Union scheme function in letter and spirit. The PM is
level are - (i) The Central Vigilance Commission accountable to the parliament and his survival
(CVC); (ii) Vigilance units in the depends on the survival of the government.
Ministries/Departments of Government of India, If the prime ministers conduct is open to formal
Central public enterprises and other autonomous scrutiny by the extra-parliamentary authorities,
organisations; and (iii) the Central Bureau of then the governments viability is eroded and
Investigation (CBI). parliaments supremacy is in jeopardy.
CVC established pursuant to Santhanam Any enquiry into a PMs official conduct by any
Committee recommendations. Accorded statutory authority other than the parliament would
status in 2003 consequent upon the judgement of severely undermine the PMs capacity to lead the
Honble SC in Vineet Narain Vs. Union of India Case. government lead to serious failure of
All the departments in the Union Govt. have CVO governance and lack of harmony and coordination
who heads the Vigilance division of the and would severely undermine public interest.
organisation concerned, assisting and advising the The enquiry itself erodes the PMs authority;
Secretary or Head of Office in all matters subsequent exoneration cannot undo the damage
pertaining to vigilance; a link between done to the country or to the office of the PM.
organisation and CVC. As PM can dismiss any minister, it is argued that
Central Bureau of Investigation (CBI) Delhi Lokpal need not have jurisdiction over the
Special Police Establishment Act the Special minsters as well. Parliament does not sit over
Police Establishment, which forms a division of conduct of one minister, rather it decides the fate
the Central Bureau of Investigation, has three of the PM and his council of ministers as a whole,
units, viz. (i) Anti-corruption Division, (ii) Also, PM does not have the time to personally
Economic Offences Wing, and (iii) Special Crimes investigate the conduct of a minister.
Division. The government investigative agencies are
Similar bodies exist at State level for example controlled or influenced by the ministers, and
Andhra Pradesh has Anti-Corruption Bureau, a hence it is not possible for the PM to get an
vigilance commission and Lokayukta to deal with objective assessment of the minsters conduct.
cases of graft. Therefore, an independent impartial body of high
The ARC report says that the conviction rate in standing would be great value in enforcing high
cases by CBI is low compared to the cases standards of ethical conduct among ministers.
registered, which nevertheless is double that of Ultimately, the parliament is the best forum we
the state anti-corruption organisations. can trust to enforce the integrity in the office of the
Lokpal (read from Laxmikanth as well) PM.
supposed to be watchdog over the integrity of Similar reasoning could be applied to CMs at state
ministers and members of parliament. It was level The ARC recommends for inclusion of CMs
intended to be similar to ombudsman in under Lokpal, provided the Lokpal be given
Scandinavian countries. constitutional status, a federal intuition of high
There should be an organic link between lokpal ranking.
and CVC as this would enable sharing of In order to enable the Lok Pal to enhance its
information and prompt action against all persons effectiveness and to increase the trust the public
involved. While CVC should enjoy full functional has in the institution, it is essential for the Lok Pal
autonomy, it should nevertheless work under to establish mechanisms for effective interaction
overall guidance and superintendence of the with the public in general and the private sector
Lokpal. CVC to be a member of Lokpal body. and the civil society in particular.
Such association would also help better (3) Modern techniques should also be deployed
understanding of the environment, build checks like electronic surveillance, video and audio
and balances in its functioning, and prevent abuse recording of surprise inspection, traps and
of authority by investigating agencies by bringing seizures.
them to the Lok Pals notice. (4) Reasonable time limit for investigation.
The Commission would like to recommend, that (5) There should be sustained step-up in number
the Lok Pal be given a Constitutional status. This of cases directed and investigated. Priority big
would provide the eminence and status and cases of corruption.
Constitutional safeguards appropriate for such an
important institution, which is expected to be a Awdhesh Singh Lectures:
watchdog against wrong doings by high public Political Wisdom of Chanakya: Original name
authorities. Vishnu Gupta; aka Kautilya; referred to as Indian
At state level The Constitution should be Machiavelli. He wrote Arthashastra.
amended to incorporate a provision making t Arthashastra: Arthaniti Economic policies to
obligatory on the part of State Governments to promote economic growth; Dandaniti Admin. Of
establish the institution of Lokayukta and justice to ensure justice to the people; Videshniti
stipulate the general principles about its structure, Foreign affairs Policy to maintain cordial
power and functions. relationships with the states.
The jurisdiction of the Lokayukta would extend to Introduced the concepts of Hierarchy and
only cases involving corruption. They should not departments for specific jobs. Territorial divisions
look into general public grievances. like provinces, district, and villages were done.
The Lokayukta should deal with cases of Everybody should Follow rule of law. Gave the
corruption against Ministers and MLAs. concept Yatha Raja,, Tatha Praja. The king must be
They should be appointed for strict one term and intelligent and possess highest qualities of
should not hold any public office under leadership.
government thereafter. Cooperation of citizens and honest governance for
The Lokayukta should have its own machinery for national development.
investigation. Initially, it may take officers on 4 types of policies for good administration Sama
deputation from the State Government, but over a Persuasion, Dama Reward, Danda
period of five years, it should take steps to recruit Punishment and Bheda Divide people into good
its own cadre, and train them properly. and bad.
At Local level A local bodies Ombudsman Regular transfer of officers to manage corruption.
should be constituted for a group of districts to Code of Ethics for Civil Servants: Character and
investigate cases against the functionaries of the Personality: Personality consists of temperament
local bodies. The State Panchayat Raj Acts and the or personality trait and intellectual abilities.
Urban Local Bodies Act should be amended to Character consists of stable patterns of behaviour
include this provision. and action which are motivated by internal
The local bodies Ombudsman should be dispositions that characterises and defines the
empowered to investigate cases of corruption or individual.
maladministration by the functionaries of the local Personality is external while character is internal.
self-governments, and submit reports to the Both are inter-related to each other. A good
competent authorities for taking action. The character goes with the good personality.
competent authorities should normally take Cardinal Virtues of Civil Servants (CS): (1)
action as recommended. In case they do not agree Prudence: Practical wisdom and discretion. Ability
with the recommendations, they should give their to discern the most suitable, politics or profitable
reasons in writing and the reasons should be made course of action in actual conduct.
public. (2) Fortitude: Moral courage or Moral strength in
Strengthening the investigation and prosecution the time of adversity.
ARC Recomn. (1) The SVC/Lokayuktas (3) Temperance: The ability to restrain ones
empowered to supervise the prosecution of anger, emotions and desires.
corruption related cases. A CS should avoid Pride, Envy, Sloth,
(2) They should acquire Multi-disciplinary skills Intemperance, Avarice, Anger and Lust.
and thoroughly conversant with the working of Great thinkers on CS qualities: (1) Stephen K
various departments. Draw officials from different Bailey, an American Political scientist Optimism,
wings of the government. Courage and Fairness.
(2) Kathryan Denahrdt (1) Honour A just law is one that contribution to promoting
Magnanimity, honesty and acting with high moral human happiness.
standards; (2) Benevolence Sympathy, doing Stoicism The Joy of Suffering Zeno founder
well to others and (3) Justice Respect for and of this school; Epictetus, Seneca later popularised.
consideration for the dignity of every individual. They believed that true knowledge comes from
(3) Terry L Cooper Obligation to Pursue public senses that gets imprinted on mind. Mind
good, follow appropriate processes and develops concepts by developing common ideas
procedures, and to collegues. between different things. Concepts have no
(4) David K Hart Moral Heroism, Love for the existence outside human mind.
people, Trusting People and Pursuit of Moral Doing the right thing is most important. Good is
Values. the only virtue. We all have a God within us
New Principles of Public Administration: Public guiding to right path.
Choice Theory: Outsource delivery of services; Universe is governed by eternal laws. Pleasure is
Treat citizens as customers; Privatise Government not good. It needs to be shunned. Virtue is source
operations in non-core activities; Arrange of happiness that should be practiced as a duty.
negotiations between conflicting private and Four cardinal values bravery, insight, self-control
public interest instead of legislating them. and justice originate from wisdom.
Ex. TCS has taken passport services, Govt Dont just say you have read books. Show that
becoming facilitator of services. through them you have learned to think better, to
Criticism Treating citizens as customers means be a more discriminating and reflective person.
not involving them in decision making; The goals Books are the training weights of the mind. They are
of government like health, environment very helpful, but it would be a bad mistake to
protection and reducing crimes are not business suppose that one has made progress simple by
activities; society should be given preference over having internalised their contents.Epictetus, The
individual. Art of living.
Ethical Responsibility of Civil Servants: Loyalty A consciousness poof wrongdoing is the first step
Act in Public interest; Obedience Follow Rules, to salvation - Epicurus.
law and orders of the superior; Efficiency Use A key point to bear in mind: The value of
public resources economically, deliver services attentiveness varies in proportion to its object.
quickly etc; Transparency Follow RTI; and Youre better off not giving the small things more
Impartiality Dont help friends or family over time than they deserve. Marcus Aurelius.
people. Immanuel Kant German Philosopher he was
Hellenistic Period 323 BC to 31 BC said to be so regular in his daily routine that
Epicureanism; Stoicism and Scepticism. housewives would set their clocks by the time at
Epicureanism He regarded happiness and which he passed their windows.
pleasure as the main goal of life rather than Aim to resolve dispute between Empiricalists
virtues. knowledge comes through experience You
He idenitifed the fears of god, death, retribution believe what you see and Rationalists You see
and hell principle causes of human unhappiness. what you believe.
Democritus theory Atomic Theory Soul Deontological theory an action is moral if it can
consists of atom; the atoms in the soul are be considered to be a duty with the reason that is
scattered at death with no possibility of future life. universally acceptable.
For if death is, we are not; if we are death is not. Morality is not a divine law but a law that can be
The greatest good is to seek modest pleasure in determined using reason and logic.
order to attain a state of tranquillity, freedom of Moral actions duty consequences have nothing
fear and absence from bodily pain. to with moral duty. One should obey the moral law
He didnt advocate constant desire of pleasure but as a duty without bothering about its
absence of pain as the main goal of life. consequences.
Epicurean pleasure is to be obtained by Categorical imperative absolute command to be
Knowledge, friendship and living a virtuous and obeyed for its own sake.
temperate life. Criticism A lie may be good if it saves the life of
Morality is to be pursued as it gives pleasure. someone. It is difficult to be moral if others are not
Virtue has no intrinsic value; it derives it values obeying the moral laws.
from the pleasure that accompanies virtuous Counterview: Morals are not absolute; they are a
action. code of conduct developed for group survival.
They vary with the nature and circumstances of government of India and a foreign state or the
the group. government of India and the government of a
Hinduism Four Goals Dharma, Artha, Kama state. Allegations of maladministration, in our
and Moksha. opinion, do not fall within the ambit of any of the
Dharma refers to the order and custom which three categories (warranting disciplinary
makes life and universe possible, and thus to the actions).
behaviours appropriate to the maintenance of that The right to judicial remedies for the redressal of
order. either personal or public grievances is a
Varnashrama Dharma Four Social Classes in the constitutional right of the subjects of this country.
Manusmriti Brahmins, Kshatriyas, Vaishays and Employees of the state cannot become members of
Shudras. a different and inferior class to whom such right is
Ashrama Dharma Brahmacharya, Grihastha, not available.
Vanaprastha, and Sanyasa. Objective observation of measurable facts;
Gita Every living being is made of mortal body Subjective Personal opinions, assumptions,
and immortal soul. interpretation and beliefs.
Trigunas Sattva, Raja and Tamas. Nachiketa and Yama story in Kathopanishad he
Mukti Karma, Jnana, Bhakti and Dhyana. asked for 3 boons one for happiness of his father.
Pravritti live amidst worldly duties and interests The second is to know how one could reach
with senses and actions directed primarily heaven where there is no sorrow, old age or death
towards the external world. and the third to know what happens to a man
Nivritti path of turning back. Path of turning after death?
within towards spiritual contemplation, and Lessons from this (a) discrimination between a
placing God at the centre of our existence after conventional desire and a lofty purpose; (b)
fulfilling our familial and professional duties. forgiveness (c) Following the path of truthfulness
( his father uttered I gave you to Yama- the god of
Miscellaneous: death; though he didnt meant it Nachiketa
Letter of the Law vs. the Spirit of the Law: When followed the practice of not going back on the
one obeys the letter of the law but not the spirit, word.) (d) Discipline of courage, anger control and
one is obeying the literal interpretation of the patience though his father cursed him to death,
words (the "letter") of the law, but not necessarily he controlled the anger and quietly chosen to
the intent of those who wrote the law. Conversely, follow the order; also, he waited for Yama till he
when one obeys the spirit of the law but not the come.
letter, one is doing what the authors of the law Work is worship Aurobindo make work your
intended, though not necessarily adhering to the means for inner spiritual wealth. It is a kind of an
literal wording. offering to God a way of serving his own creation.
Obeying the letter of the Law is a matter Performing your duty with all your calibre,
of physical action, whereas obeying the spirit of integrity, and empathy is called the highest form
the Law requires more than just outward of worship.
actionsit also involves an attitude of the mind. Duty & Right Duty is an obligation to perform.
Conscience the inner sense of what is right or Right is an entitlement.
wrong in ones conduct or motives, impelling one Tagore I slept and dreamed that life was joy, I
toward right action. awoke and saw that life was duty, I acted, and
In Vijay Shekar Pandey case - About Code of behold duty was joy.
Conduct The Supreme Court in 2014 held that Vivekananda Duty is any action that make us go
if a bureaucrat files a petition, alleging that the god ward. It is a good action and is our duty.
government was lax in discharging its Questions of rights come when one doesnt
constitutional obligations of establishing the rule perform his duty. Ex. We are moving towards
of law, his or her conduct does not imply that he or rights based approach as citizens are the owners
she failed to maintain absolute integrity and of public resources. Ex. MGNREGA, RTI etc.
devotion to duty, or indulged in conduct Duty obligations; Rights Claims.
unbecoming of a member of the service.
The court opined that Clearly the rule only Values and Skills:
prohibits criticism of the policies of the Values are an enduring set of emotional or
government or making of any statement which is feeling-level dispositions in a person, which (a)
likely to embarrass the relations between the Underpin the choice of his/her goals; and (b)
determine the kind of means used to achieve those this weapon be used against human beings. Later
goals. this weapon was also given to his son,
Values influence goals or objectives, and the Aswatthama. It led to disastrous consequences at
choice of means adopted to achieve them. the end of Mahabharata War; he was on Kaurava
Values are normally stationary, i.e. they dont side. Arjuna being a High Skills High Values person
change with time. It may appear that values might was able to pull back the weapon, hurled in self-
change but this is only due to change in situations defence. But Aswatthama being a high skills low
and circumstances. Ex. A kind hearted policeman values person could not withdraw his weapon
may appear to be unkind when law and order hurled with vengeance, fear and vanity. The total
situation is under control. destruction was averted by Arjunas unilateral
To become we need values. To do we need withdrawal.
skills. Here Arjuna was excellent as he could combine
Skills are external methods and techniques efficiency with ethicality; Aswatthama although
applied to perform a given task. Ex. Teaching, efficient he was unethical. For Arjuna, doing and
Cooking, surgery, carpentry etc. change with time becoming are complimentary but for Aswatthama
or place whatever they are at any moment or doing was done at the cost of his becoming and
place, their role is to make doing efficient also great cost to others.
according to the tangible criteria. The mind of every person has three main strands
Values act as base of skills. Values are the means (a) Feelings, emotions, sentiments; (b) Reason,
of perfection. Skills must have sound system of intellect, thought and (c) Will, determination,
values as the base. Otherwise one can manipulate resolve.
skills e.g. communication. Skills may be misused For the culture and practice of HVs, an individuals
for manipulating men, money and materials etc. concentration has to be on purifying the heart
Values are internal; dealing with internal feelings and emotions (They are called
development of a person, purifying mind and Hridayavrittis process is called Chittasuddhi or
heart. The person becomes good in thought, in Antarshuddi.)
speech, in action, job or work. Skills only make a If the dominant hridayavrittis tend to be impure or
person proficient. Values are the means of polluted then it is they which will exercise real
perfection of personality. power over our actions. The common assumption
Values bring about excellence and universal good that it is reason or intellect called Buddhivritti
i.e. soft-ware aspect. Skills see us through which controls or subdues DVs, is not supported
mechanics of management i.e., hard- ware aspect. by reality. The intellectual mind has been failing in
Both means and ends must have values. what it is expected to do.
Skills are not enduring due to fatigue. Values are Ex. The greatest scandals, atrocities, ethical
enduring. transgressions in business, politics etc. in the past
years have been committed by people of top class
intellect and reasoning power. Ex. Killing of Jews
by Hitler, Arshad Mehta Stock Market Scam,
accounting fraud in Satyam, etc.
It is DV-emotions which have been in the driver
seat, not intellect or reason. Hridayavritti has been
the mastet, buddhivritti the servant. If this were
not so, ever increasing IQ across successive
generations should have made the earth an ethical
paradise.
The common tendency to regard the very word
emotions as something bad is erroneous. Unruly
Holistic excellence = Efficiency + Ethicality = Skills emotional is to be avoided. But the systematic
+ Human Values. cultivation of HV based emotions is an essential
Values Positive Human Values (HVs) and discipline for human development.
Negative Disvalues (DVs). In sum, it is not a question of either/or, both are
Value Gap = Difference between Quadrant I and IV. needed. But priority belongs to pure emotions
Ex. Drona awarded Arjuna Brahmastra, supreme (HVs) followed by clear reason and intellect.
weapon for his excellent performance but
instructed that under no circumstances should
Every society represents a collective being, and Will Durant India will teach us the tolerance
in it and by it the individual lives, and he owes and gentleness of mature mind, understanding
to it all that he can give it Sri Aurobindo. spirit and a unifying, pacifying love for all human
Individuals are the cause, society is the effect. beings
Erosion of values is a familiar expression. But the Existentialism: Essence A Certain Set of core
truth is that values (HVs) never erode. It is ones properties that are necessary or essential for a
quality of conduct, which deteriorates as against thing to be what it is. (Aristotle and Plato).
the desirable values i.e. HVs. Everything has an essence and it exists even
Once the cause and effect circularity acquires before we were born A good human is to adhere
motion, social forces at a given place and or time to essence.
can and do impact upon its individual memebers. Essence gives you a purpose Essentialism.
It is important to remember a naked fact of human Nihilism the belief in the ultimate
nature Bad motives and wrong practices catch meaninglessness of life.
on very fast. Good motives and right practices are This is the framework for existentialism
slow to inspire. Hence the merit of much reviled Existence precedes essence.
conservative bent in stable cultures. Absurdity search for answers in answerless
What is valuable to a man when he is bad world.
becomes worse than valueless when he is good Sartre If there are no guidelines for our actions,
R Tagore. then each of us is forced to design our own moral
Controlled and constructive use of a few DVs eg. code, to invent a morality to live by. He says to live
Anger, fear or fault finding is sensible in specific authentically any meaning to your life is given by
situations or relationships. A teacher or mother you.
using anger as a means to correct repeated
indiscipline is a valid way of character building. Gaur Gopal Das:
In todays world, valuables have become more
Miscellaneous: important than values. Ethics and moral have been
Ethics is to society what grammar is to language. thrown to the winds, and the corporate world is
Grammar enriches language, just as ethics full of scams. Conscious capitalism is what
enriches society. Former IIT director. businesses should practice. Earning with integrity,
The soldier is the army. No army is better than its spending with compassion is conscious
soldiers. The soldier is also a citizen. In fact, the capitalism. It will add values to your valuables.
highest obligation and privilege of citizenship is In this world, its all about Money, Mechanisms,
that of bearing arms for ones country George S and Markets, but businesses ignore the most
Patton Jr. important M: Manpower. If your manpower is not
Better to fight for something than live for nothing. inspired, then they cannot commit. You need
The test of success is not what you do when you managers and people with a sense of purpose.
are on top. Success is how high you bounce when What matters to many people is reward and
you hit the bottom. recognition, not just money.
Pressure makes diamonds. We have to move from Human Resource
Human beings are made up of flesh and blood, and Management to Human Asset Management
a miracle fibre called courage. (HAM). We have to treat people as assets and
If everybody is thinking alike, then somebody isn't motivate them beyond just earning money.
thinking. Every individual has the potential and every
Mark Twain In religion, all other countries are leader has to stoke the potential. Ex. Hanuman
paupers. India is the only millionaire. needed to be prodded by Jambavan to make the
India is the cradle of the human race, the giant leap across the ocean to Lanka. Jambavan did
birthplace of human speech, the mother of history, not want the credit, he was not insecure; those
the grandmother of legend, and the great- who are credit-driven can never be leaders but
grandmother of tradition. Our most valuable and managers as they have to keep their jobs secure.
most instructive materials in the history of man Life is like surfing, sometimes waves will toss you
are treasured up in India only. up; similarly, people will respect and honour you
Hu Shih India conquered and dominated China and sometimes there will be failure, neglect and
culturally for 20 centuries without ever having to rejection. Those who only surf will be affected by
send a single soldier across her border. the ups and downs of life, but there are divers who
swim beneath and no matter what the ups and
downs they are not affected by the turbulence.
When competition become contribution, life
becomes celebration.

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