Q5(a) · UPSC Civil Services Mains 2024 · GS IV · 10 marks · 3 min read

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"The 'Code of Conduct' and 'Code of Ethics' are the sources of guidance in public administration. There is code of conduct already in operation, whereas code of ethics is not yet put in place. Suggest a suitable model for code of ethics to maintain integrity, probity and transparency in governance

Topic: Ethics in Public Administration. Syllabus: Public / Civil service values and Ethics in Public administration: Status and problems; ethical concerns and dilemmas in government and private institutions; laws, rules, regulations and conscience as sources of ethical guidance; accountability and ethical governance; strengthening of ethical and moral values in governance; ethical issues in international relations and funding; corporate governance. Same official PYQ from year-wise 2024 and Ethics in Public Administration.

Revision summary

A code of conduct is enforceable do’s and don’ts; a code of ethics states values and how to reason when the rule is silent. India has conduct rules in operation; a living ethics code still needs leaders, cases and whistle protection. A model for integrity, probity and transparency binds the Constitution, public money, reasons on file, impartial queues and data restraint. BNS presents justice, equality and impartiality as its soul and adds victim-centric and community-service tools. The shift from punishment to justice fails if new sections only warehouse the poor.

Model answer

Copper italics in this answer — like this — are the key facts. Each one is unpacked in the Facts & figures rail.

Introduction

India already tells the civil servant what not to do on Tuesday (Conduct Rules). It has been slower to write what we believe on Monday (a living code of ethics). Part (a) wants that model, aimed at integrity, probity and sunlight. Part (b) turns to the Bharatiya Nyaya Sanhita: a claim that the soul of the new criminal law is justice, equality and impartiality, and a shift from punishment as the whole story to justice as the aim.

Body

(a) Code of Conduct versus Code of Ethics — a model

  • A Code of Conduct is enforceable behaviour: gifts, political activity, criticism of government, sexual harassment, use of official information, property returns. In the Union it lives in the CCS (Conduct) Rules, 1964 and All-India analogues. It is necessary. It is not sufficient: a person can obey the letter and still hate the citizen, delay a Dalit’s file, or help a nephew within “discretion”.
  • A Code of Ethics is values and reasoning: why we refuse the gift, whom we serve, what constitutional morality requires when the rule is silent. Second ARC and the Nolan principles (selflessness, integrity, objectivity, accountability, openness, honesty, leadership) are the usual furniture. Ethics without conduct is a framed poster. Conduct without ethics is a clever compliance.

A suitable model for integrity, probity and transparency: (1) Serve the Constitution, not a person. (2) Integrity: no private price for a public act; family and post-retirement doors counted as conflicts. (3) Probity: public money as trust; GeM, GFR, no split indents, no favourite vendor. (4) Transparency: reasons on the file, proactive disclosure, RTI in spirit. (5) Objectivity and impartiality: same queue for the MLA’s driver and the widow. (6) Empathy and courtesy as professional duties, not extras. (7) Speak-up: protected channel to CVO; no revenge posting. (8) Digital and data ethics: no stalking a citizen through a portal. Induction by cases, leaders who obey first, checked asset declarations, rotation of sensitive desks. The model works only as a culture of Tuesdays.

(b) Bharatiya Nyaya Sanhita: from punishment to justice

  • The IPC, 1860 was a colonial penal grammar: the sovereign’s anger, sedition as a mood, procedure that could forget the victim. The BNS, 2023 (in force 2024) claims a soul of nyaya: justice, equality, impartiality named as Indian ethos — not only danda. How far the soul is real is the ethical test, not the Sanskrit title.

Shift from doctrine of punishment to justice shows in design choices: community service as a sentence for some wrongs (repair, not only warehouse); victim-centric timelines and recorded processes; new naming of mob lynching, organised crime, terrorism, hit-and-run — harms that old chapters stretched; recasting sedition-like speech into a sovereignty offence that must not become a slogan jail. Equality demands that a powerful accused and a poor accused meet the same code, which is an old Indian wound. Impartiality is the judge and the police as not a faction. Indian culture here is Ashoka’s dhamma, Gandhi’s means, the Gita’s duty, and also Ambedkar’s warning that forms need cultivation. A harsher clause that only fills prisons with the weak would be punishment in a new font. Justice as soul means proportion, fair hearing, reparation, and a State that does not enjoy pain.

  • The civil servant’s ethics in this shift: register the FIR without a caste filter, do not use a new section as a toy, treat community service as work not humiliation, and remember the victim is not a footnote to the accused’s politics.

Flow diagram

Flow diagram

Conclusion

Conduct rules fence the worst acts; a code of ethics supplies the values, conflicts and sunlight that fences miss. BNS claims justice rather than colonial danda as its soul; that claim holds only if equality and impartiality reach the weak, and punishment is not simply renamed.

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UPSC Mains 2025 · GS IV · 10 marks · Solution

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UPSC Mains 2025 · GS IV · 10 marks · Solution

(a) In the present digital age, social media has revolutionised our way of communication and interaction. However, it has raised several ethical issues and challenges. Describe the key ethical dilemmas in this regard. (b) "Constitutional morality is not a natural sentiment but a product of civil education and adherence of the rule of law." Examine the significance of constitutional morality for public servant highlighting the role in promoting good governance and ensuring accountability in public administration.

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Q5 · UPSC Mains 2023 · GS IV · 10 marks · Solution

(a) Is conscience a more reliable guide when compared to laws, rules, and regulations in the context of ethical decision-making. Discuss (b) Probity is essential for an effective system of governance and socio-economic development. Discuss.

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