HPAS/Allied Mains 2022 Answer Writing Challenge Day 19: Model Answer

Question: What has the Administrative Reform Commissions 4th report on Ethics in Governance has got to say about Code of Ethics and a Code of Conduct for Ministers?  (8 marks, 120 words)

Answer: 

The Administrative Reforms Commission has examined the code of conduct in other countries and is of the view that a Code of Ethics and a Code of Conduct for Ministers should include the following:

1. Ministers must uphold the highest ethical standards;
2. Ministers must uphold the principle of collective responsibility;
3. Ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and agencies;
4. Ministers must ensure that no conflict arises, or appears to arise, between their public duties and their private interests;
5. Ministers in the Lok Sabha must keep separate their roles as Minister and  constituency member;
6. Ministers must not use government resources for party or political purposes; they must accept responsibility for decisions taken by them and not merely    blame it on wrong advice.
7. Ministers must uphold the political impartiality of the Civil Service and not ask civil servants to act in any way, which would conflict with the duties and  responsibilities of civil servants;
8. Ministers must comply with the requirements which the two Houses of Parliament lay down from time to time;
9. Ministers must recognize that misuse of official position or information is  violation of the trust reposed in them as public functionaries;
10. Ministers must ensure that public moneys are used with utmost economy and care;
11.  Ministers must function in such a manner as to serve as instruments of good governance and to provide services for the betterment of the public at large and foster socio-economic development; and
12.  Ministers must act objectively, impartially, honestly, equitably, diligently and in a fair and just manner.

The Code of Conduct is a starting point for ensuring good conduct by Ministers.

However, it is not comprehensive in its coverage and is more in the nature of a list of prohibitions; it does not amount to a Code of Ethics.

It is therefore necessary that in addition to the Code of Conduct, there should be a Code of Ethics to provide guidance on how Ministers should uphold the highest standards of constitutional and ethical conduct in the performance of their duties.

Recommendations from the report:

1. In addition to the existing Code of Conduct for Ministers, there should be a Code of Ethics to provide guidance on how Ministers should uphold the highest standards of constitutional and ethical conduct in the performance of their duties.
2. Dedicated units should be set up in the offices of the PM and the Chief Ministers to monitor the observance of the Code of Ethics and the Code of Conduct → empowered to receive public complaints regarding violation of the Code of Conduct.
3. The PM or the CM should be duty bound to ensure the observance of the Code of Ethics and the Code of Conduct by Ministers.
4. An annual report with regard to the observance of these Codes should be submitted to the appropriate legislature.
5. The Code of Ethics, the Code of Conduct and the annual report should be put in the public domain.