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Administrative ethics - Part 1
1.0 INTRODUCTION
Administrators form the robust fabric of a society’s political and decision making structures. Without them, policies will never reach their desired end-goals. Administrative ethics denotes the professional code of morality in civil service. They constitute the moral fibre of civil servants. They regulate the conduct and behaviour of different categories of civil servants. Thus, they provide 'rules of the game'.
The civil service, being a profession in the modern state, has developed a code of morality for its members. This code consists of traditions, precedents, and standards which have to be kept up by the civil servants. The civil servants are expected to set-up high moral standards not only for themselves but also for the community at large. This is more so in the context of the growing size and role of administration and its. impact on the society.
2.0 DEFINITIONS OF ETHICS
Chester Barnard has described the ethical conduct or moral behaviour as "governed by beliefs or feelings of what is right or wrong regardless of self-interest or immediate consequences of a decision to do or not to do specific things under particular conditions".
Glen Stahl (in his book Public Personnel Administration) rightly remarked: "The problem of ethical conduct of public official arises by virtue of the power and influence that he commands and the commitment that he undertakes of loyal and disinterested service to the public".
Paul H Appleby (in his book Morality and Administration in Democratic Government) preferred the expression 'morality' instead of 'ethics'. He argues that morality and administration cannot be separated. He remarked: "It is not merely bigger government that ultimately matters; what is significant is that morality in administration alone could ensure better government. One would not doubt that the morality in administration is sustained by patience, honesty, loyalty, cheerfulness, courtesy and like traits'". He delineated the following attributes of a moral administrator:
- A sense of responsibility
- Skills in communication and personnel administration
- Ability to cultivate and utilize institutional resources
- Willingness to engage in problem-solving and to work with others as a team
- Personal confidence to initiate new ideas
- Prefers to be influenced by public needs, interests and sensitivities rather than resorting to the use of raw bureaucratic power.
Germany (Prussia) was the first state in modern times to professionalise its civil service. Obviously, it developed a professional code for the civil servants. However, it contained authoritarian, bureaucratic and other non-democratic elements, besides the usual ethics. Britain was the first country which developed a democratic type of professional code for the civil servants. In fact, the British civil service is well known for its administrative ethics.
Regarding the position in India, P.R. Dubhashi summarised very well: "In India, though there is no ethical code for public administrators, there are, what are called, the government servant conduct rules. These rules lay down what constitutes misconduct for the public servant. It is apparently implied that such misconduct, which is not permitted, is also unethical conduct".
A member of the civil service in discharge of his/her functions is to be guided by maintaining absolute integrity, allegiance to the constitution and the law of the nation, patriotism, national pride, devotion to duty, honesty, impartiality and transparency.
3.0 DEVELOPMENT OF ETHICS
Ethics, whether in an entire society, or in a social sub-system, evolves over a long period of time and is influenced, during its nurturance and growth, by a variety of environmental factors. Administrative ethics is no different. It is the product of several contextual structures and it never ceases to grow and change. Let us now look at some of these contextual factors that influence ethics in the public administrative systems.
3.1 The historical context
The history of a country acts as the biggest influence on the ethical character of the governance system. The Spoils System in the USA during the initial phase of the American nation vitiated the ethical milieu of the American Public Administration. "To victor belong the spoils" asserted American President Jackson. Things would have continued the same way had not a disgruntled job seeker assassinated President Garfield in 1881. Garfield's assassination spurred the process of civil service reforms in the USA, and the setting up of the US. Civil Service Commission in 1883 was the first major step in this direction.
India has not been immune from unethical practices in the governance system. Kautilya's Arthashastra mentions a variety of corrupt practices in which the administrators of those times indulged themselves. The Mughal Empire and the Indian princely rule were also afflicted with the corrupt practices of the courtiers and administrative functionaries, with 'bakshish' being one of the accepted means of selling and buying favours. This has become so endemic now that it is demanded as a right today. Even the British Parliament criticized the East India company employees as being corrupt.
If we turn the pages, we find that conflicting forces of probity and immorality co-exist in all phases of human history. Which forces are stronger depends upon the support these get from the prime actors of politico-administrative system at that point in time. What is disturbing is that a long legacy of unethical practices in governance is likely to enhance the tolerance level for administrative immorality. In most developing nations having a colonial history, the chasm between the people and the government continues to be wide. In the colonial era, the legitimacy of the governance was not accepted willingly by a majority of population and therefore, true loyalty to the rulers was a rare phenomenon. Although the distance between the governing elite and the citizens has been reduced substantially in the transformed democratic regimes, yet the affinity and trust between the two has not been total even in the new dispensation. Unfortunately, even the ruling elite does not seem to have imbibed the spirit of emotional unity with the citizens. The legacy of competitive collaboration between the people and the administrators continues to exist. The nature of this relationship has an adverse impact on 'administrative ethics'.
3.2 The socio-cultural context
The family is the basic unit of society. The values that gain importance in the social order of a society determine the nature of governance system. The Indian society today seems to prefer wealth to any other value. And in the process of generating wealth, the means-ends debate has been sidelined. Unfortunately, ends have gained supremacy and the means do not command an equal respect. A quest for wealth in itself is not bad. In fact, it is a mark of civilisational progress. What is important is the means employed while being engaged in this quest.
In an economic or commercial society, uni-dimensional growth of individuals is accepted and valued more. This results in ends becoming more important than means. Though Mahatma Gandhi wanted to transform the priority-order of the Indian society, but there were hardly any takers or backers of his radical thinking that was steeped in a strong moral order. To put it bluntly, ever since Gandhi passed away, there has been not a single strong voice in independent India challenging the supremacy of 'teleology and unidimensionalism'.
The issues of morality may or may not be rooted in the religious ethos of a society. Indian religious scriptures do not favour pursuit of wealth through foul means. Interestingly, Thiruvalluvar's Kural, written two thousand years ago in Tamil Nadu, emphasises that earning wealth brings fame, respect and an opportunity to help and serve others, but it should be earned through right means only. Can this dictum form the basis of our socio-moral orientation?
The level of integrity among Protestants and Parsees is believed by some to be relatively higher when compared to other religions and one can find the roots of such integrity in the well-ingrained mores of these religions. Nevertheless, it is only one point of view, as there are several other religious and secular groups, which are known for their high moral conduct. The cultural system of a country, including its religious orientation, appears to have played a significant role in influencing the work ethics of its people.
3.3 Legal-judicial context
The legal system of a country determines considerably the efficacy of the ethical concerns in governance system. A neatly formulated law, with a clear stress on the norms of fair conduct and honesty, is likely to distinguish chaff from grain in the ethical universe. Conversely, nebulous laws, with confusing definition of corruption and its explanations, will only promote corruption for it would not be able to instill the fear of God or fear of law among those violating the laws of the land and mores of the society. Besides, an efficient and effective judiciary with fast-track justice system will prove a roadblock to immorality in public affairs. Conversely, a slow-moving judiciary, with a concern for letter rather than the spirit of the law, will dither and delay and even help the perpetrators of crimes by giving them leeway through prolonged trials and benefits of doubt.
Likewise, the anti-corruption machinery of the government, with its tangled web of complex procedures, unintendedly grants relief to the accused who are indirectly assisted by dilatory and knotty procedures. In India, there is hardly any effective anti-corruption institution.
3.4 The political context
Ethics usually is a top down approach. The political leadership, whether in power or outside the power-domain, is perhaps the single most potent influence on the ethical standards of citizens. In a democracy all political parties, pressure groups and the media also influence the orientation and attitudes on moral questions. If politicians act as authentic examples of integrity, as happens in the Scandinavian countries, or as examples of gross self-interest, as found in most South Asian countries, the administrative system cannot remain immune to the levels of political morality.
The election system in India is considered to be the biggest propeller to political corruption. Spending millions on the elections ‘compels’ a candidate to reimburse his expenses through fair or foul means - more foul than fair. While fair has limits, foul has none. It is generally argued that the administrative class - comprising civil servants at higher, middle as well as lower levels - emerges from the society itself. Naturally, therefore, the mores, values and behavioural patterns prevalent in the society are likely to be reflected in the conduct of administrators. To expect that the administrators will be insulated from the orientations and norms evidenced the in society would be grossly unrealistic.
The behaviour of politicians has a demonstration effect on civil servants. Besides, the capacity of the less honest political masters to control civil servants is immense. It is ironical that the moral environment in a country like India is designed more by its politicians than by any other social group. The primacy of the political over the rest of systems is too obvious to be ignored. If the media is objective and fearless, its role in preventing corruption can be effective. It can even act as a catalyst to the promotion of ethical behaviour among administrators. Hence, those who own and manage the media should understand their wider social and moral responsibilities. The trend in this direction is visible now with many television channels regularly airing their 'expose' on malpractices in the system. This role of the media is important if performed with intent of social responsibility rather than sensationalism.
3.5 The economic context
The level of economic development of a country is likely to have a positive correlation with the level of ethics in the governance system. Even when a causal relation between the two is not envisaged, a correlation cannot be ruled out. A lower level of economic development, when accompanied with inequalities in the economic order, is likely to create a chasm among social classes and groups. The less privileged or more deprived sections of society may get tempted to forsake principles of honest conduct while fulfilling their basic needs of existence and security. Not that the rich will necessarily be more honest (though they can afford to be so), yet what is apprehended is that the poor, while making a living, may find it a compelling necessity to compromise with the principles of integrity.
It is interesting to note that with the advent of liberalising economic regime in developing nations, there is a growing concern about following the norms of integrity in industry, trade, management and the governance system on account of the international pressures for higher level of integrity in the WTO regime. This is what Fred Riggs would call `exogenous' inducements to administrative change.
3.6 The Indian context
In the context of Indian administration, the following values are expected of the civil services officers.
- Integrity: putting the obligations of public service above personal interests
- Honesty: being truthful and open
- Objectivity: basing advice and decisions on rigorous analysis of the evidence
- Impartiality: acting solely according to the merits of the case and serving governments of different political parties equally well
In country like India where there are so many diverse cultures, treating all people with respect is of paramount importance. This includes giving respect to diversity of people and also giving respect to fellow workers.
The Government of India promotes values and a certain standard of ethics of requiring and facilitating every civil servant
- To discharge official duty with responsibility, honesty, accountability and without discrimination.
- To ensure effective management, leadership development and personal growth.
- To avoid misuse of official position or information.
- To serve as instruments of good governance and foster social economic development.
In India, all elements of administrative ethics are contained in the various Civil Service Conduct Rules. The important ones are: All India Services (Conduct) Rules, 1954; Central Services (Conduct) Rules, 1955; and Railway Services (Conduct) Rules, 1956. In addition to these, there are several rules and instructions dealing with particular situations pertaining to Civil Servants.
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