Day 30 – Q 2.That a civil servant’s first allegiance is towards the constitution lets him/her address the moral dilemmas to a great extent. Elucidate.
2. That a civil servant’s first allegiance is towards the constitution lets him/her address the moral dilemmas to a great extent. Elucidate.
एक सिविल सेवक की पहली निष्ठा संविधान की ओर होने से वह नैतिक दुविधाओं को काफी हद तक संबोधित कर पाता है। स्पष्ट करें।
APPROACH
- A general introduction based on the importance of Civil service, its linkage with Good Governance and importance of moral dilemmas in civil service.
- In body write the – values expected to be uphold by civil servants.
- The Moral dilemmas that can be faced while upholding these values.
- How Constitution can act as a guide in Upholding the values and addressing moral dilemmas.
INTRODUCTION
Lack of Good Governance in a country can be considered to be “Democracy diminishing and Sovereignty undermining”. Good Governance flows mainly from the effective, efficient, transparent bureaucracy which as called the “Steel frame” of Administration.To maintain the expectations out of the bureaucracy it is necessary to abide by the Constitution which is the law of the land & which acts as a “Guiding torch” for the Legislatures, Executive as well as the Judiciary.
BODY
Civil services in India is considered to be one of the most meritorious, talent oriented, multi-dimensional set of individuals selected through a prestigious transparent examination in a non-partial manner. They are individuals expected to Uphold the substance in democracy, represent the people and to carry out the well-being of the country. They are expected to Uphold the following values –
- Equality of treatment.
- Honesty and Integrity.
- Impartiality and Objectivity.
- Neutral Political inclination.
- Respecting Rights of all.
- Ensuring social, economic and political justice to all.
However, instead of being called the “Steel frame” of India- they are often criticized of being Paternalistic, Hierarchy driven, Insensitive and Self Preserving, Self Aggrandizing and Self-fulfilling. It should be understood that “Ethics can be considered to be form of “Self accountability, “higher the level of ethics, lesser would be the need for strong instruments of external accountability. Generally, the negatives associated with the bureaucracy arises out of the indecisiveness or faulty decision making due to the following Dilemmas which are faced in Administration-
Dilemmas faced
- Law vs Conscience
- Duty vs Consequence
- State vs Humanity
- Majority vs Minority
- Religious issues
- Infrastructure vs Wildlife
- Religion
- Interference of Politics
- Preferential treatment vs Affirmative Action
- Professional vs Personal interests
- Low Salary vs Non Corrupt Attitude
A Civil Servants allegiance to the Constitution and the laws of the Constitution can be considered to be the way out as generally ‘law is considered to be an ordinance of reason for the common good, promulgated by him who care for the community”.
Indian Constitution can help in the following way –
| Part of the Constitution | Values Upholded | Examples |
| Preamble | -always reminding about the true aim of their service. -to uphold sovereignty and Integrity of the country. – to uphold Socialistic, Democratic and Secular credentials of India. -To ensure Liberty, Justice, Equality of status and opportunity to all. | – It is said as the “Identity card of the Constitution”, any civil servant must ensure that whatever action he takes must adhere with the Preambles and his aims and objectives are in Sync with the Preamble. -e.g – Any order by Political masters must be in sync with the Preamble |
| Fundamental Rights | Article 14 – “Equality before law” Article 15, Article 19 | No person however rich and influential must be treated differentially. To ensure that No discrimination takes place for employment and to ensure that freedom of Speech and Expression is upholded |
| Right to Religion ( Article 25 to 29) | to Ensure Right to practice, process and propagate any religion. | defined values in context of current issues like – – Beef Ban, Sabarimala temple entry. – Mob Lynchings in the current scenario. – Forced mass conversions. |
| Directive Principles of state Policy | Art 38 – to Minimize inequalities in income, status, etc Art 48 A-To protect environment and to safeguard forests. | DPSPs – overall help the civil servants to maintain continuity in their policies and to keep ‘Welfare of the people” at the forefront |
CONCLUSION
Thus in today’s world, Public administration is no longer concerned with just implementation and monitoring of government policies; it cannot be expected to take Neutral stands on issues that confront development, to ensure that democracy is substantive and not procedural & the law is followed in letter and spirit – it is important to follow the guidelines of the Constitution.
BEST ANSWER: DECEMBER
