Ethics In Public Life
Ethics is based on the concepts of accountability and responsibility. Every public official in a democracy is ultimately accountable to the people. Ethics lays the groundwork for such laws and regulations. Our legal system is based on a common understanding of what is good and just. The public-official trusteeship relationship requires that the authority entrusted to the officials be exercised in the best interests of the people, or in the "public interest."
The Nolan Committee on Public Life Standards in the United Kingdom
1. Selflessness: Those in positions of public trust should act solely in the public interest.
2. Integrity: Public officials should avoid putting themselves in financial or other obligations to outside individuals or organisations that could sway them from performing their official duties.
3. Objectivity: Holders of public office should make decisions based on merit when carrying out public business, such as making public appointments, awarding contracts, or recommending individuals for rewards and benefits.
4. Accountability: Public officials are responsible to the public for their decisions and actions, and they must submit to whatever scrutiny is appropriate for their position.
5. Transparency: Public officials should be as transparent as possible about all of their decisions and actions. They should give reasons for their decisions and limit information only when it is clearly in the public interest.
6. Honesty: Public officials have a responsibility to disclose any private interests that may conflict with their public duties and to take steps to resolve any conflicts in a way that protects the public interest.
7. Leadership: Those in positions of public trust should lead by example and promote these values.
ETHICAL FRAMEWORK FOR MINISTERS IN INDIA
The Indian government has enacted a Code of Conduct that applies to ministers from both the Union and state governments.
1. Prior to taking office as a Minister, a person must comply with the Representation of the People Act, 1951. Disclose to the Prime Minister, or the Chief Minister, as the case may be, details of his and his family's assets and liabilities, as well as business interests.
2. Sever all ties with the conduct and management of any business in which he was involved prior to his appointment as Minister, short of divesting himself of ownership.
3. After taking office and for the duration of his tenure, the Minister shall: make an annual declaration of his assets and liabilities to the Prime Minister, or the Chief Minister, as the case may be, by March 31st;refrain from purchasing or selling immovable property from the government unless it is acquired compulsorily in the normal course of business;
4. Avoid starting or joining any type of business, Notify the Prime Minister, or the Chief Minister, as appropriate, if any member of his family establishes or participates in the operation and management of any other business.
A Minister should:
• Accept only valuable gifts from close relatives, and no gifts at all from anyone with whom he may have official dealings
• To not allow a member of his family to incur debts that would embarrass or influence him in the performance of his official duties.
The Commission has reviewed other countries' codes of conduct and believes that a Code of Ethics and Conduct for Ministers should include the following:
1. Ministers must adhere to the strictest ethical guidelines
2. Ministers must adhere to the principle of shared accountability.
3. Ministers have a responsibility to Parliament to account for their departments' and agencies' policies, decisions, and actions, and they must be held accountable.
4. Ministers must ensure that their public responsibilities and private interests do not conflict, or appear to conflict
5. Ministers in the Lok Sabha must keep their roles as Minister and Member of Parliament separate
6. A member of the constituency
7. Ministers must adhere to the requirements set forth by the two Houses of Parliament on a regular basis
8. Ministers must understand that misusing official positions or information is a betrayal of the public's trust in them as public servants
9. Ministers must act objectively, impartially, truthfully, equitably, diligently, and fairly.
PRESENT CODE OF CONDUCT
• The Prime Minister in the case of Union Ministers, the Prime Minister and the Union Home Minister in the case of Chief Ministers, and the Chief Minister concerned in the case of State Government Ministers are the authorities in charge of enforcing the current Code of Conduct.
• According to the Commission, dedicated units should be established in the offices of the Prime Minister and state Chief Ministers to monitor adherence to the Code of Conduct.
RECOMMENDATIONS
1. In addition to the existing Ministerial Code of Conduct, a Code of Ethics should be established to provide guidance on how Ministers should conduct themselves in the performance of their duties in accordance with the highest constitutional and ethical standards.
2. Dedicated units should be established in the Prime Minister's and Chief Ministers' offices to monitor adherence to the Codes of Ethics and Conduct. The unit should also be able to receive public complaints about Code of Conduct violations.
3. The Prime Minister or the Chief Minister should be responsible for ensuring that Ministers follow the Code of Ethics and Conduct. This would be true even in coalition governments where ministers may come from different political parties.
4. The appropriate legislature should receive an annual report on the implementation of these Codes. This report should detail any violations that have occurred, as well as the actions taken in response to them.
5. The Minister-civil servant relationship should be covered by the Code of Ethics, as well as the Code of Conduct.
6. The Code of Ethics, Code of Conduct, and annual report should all be made available to the public.
ETHICAL FRAMEWORK FOR LEGISLATORS
THE COMMITTEE ON ETHICS OF THE RAJYA SABHA
The Committee on Ethics is established under Chapter XXIV of the Rules of Procedure and Conduct of Business in the Council of States to oversee the moral and ethical conduct of Members.
A GUIDELINE FOR RAJYA SABHA MEMBERS
1. Members must not do anything that will bring the Parliament into disrepute or jeopardise their own credibility.
2. Members of Parliament must use their position to promote the general welfare of the people.
3. Members of the public sector should use public resources in ways that benefit the public good.
4. Members should refrain from awarding certificates to people or organisations about whom they have no personal knowledge and which are not based on facts.
5. Members should not rush to lend their support to a cause about which they know nothing or very little.
6. Members who have access to confidential information as a result of their roles as Members of Parliament or Members of Parliamentary Committees should not use that information to further their own personal interests.
7. Members should not take advantage of the facilities and amenities provided to them.
8. Members should not offend anyone's religion and should work to promote secular values.
9. Members are expected to maintain high standards of morality, dignity, decency, and values in public life, as outlined in Part IV A of the Constitution.
THE COMMITTEE ON ETHICS OF THE LOK SABHA
The following general ethical principles should be followed by the members:
a. Members must use their position to advance the people's general well-being.
b. If their personal interests and the public interest conflict, they must resolve the conflict so that personal interests are subordinate to the duty of public office.
c. Any conflict between private financial/family interests should be resolved in a way that does not jeopardise the public interest.
d. Members of the public sector should use public resources in ways that benefit the public good.
e. Members must remember the fundamental responsibilities outlined in Part IV of the Constitution.
f. In public life, members should uphold high standards of morality, dignity, decency, and values.
FILING ASSETS AND LIABILITIES STATEMENT
• A new Section 75A (the Representation of the People (Third Amendment) Act, 2002) has been added, which states that every elected candidate for a House of Parliament or the State Legislature must file the details of his or her assets and liabilities with the Chairman of the Council of State within ninety days of the date on which he or she takes and subscribes an oath or affirmation.
RECOMMENDATIONS
• Each House of Parliament may establish an 'Ethics Commissioner' office. This office, reporting to the Speaker/Chairman, would assist the Committee on Ethics in carrying out its duties, provide advice to Members as needed, and keep necessary records.
• The Commission makes the following recommendations to states:
1. All state legislatures have the authority to enact a Code of Ethics and Conduct for their members.
2. To ensure legislators' ethical conduct, ethics committees may be established with well-defined procedures for sanctions in the event of transgressions.
3. 'Registers of Members' Interests' may be kept up to date with declarations of interests by state legislators.
4. Annual Reports with specific details, including transgressions, may be placed on the respective Houses' Tables.
5. Each House of the State legislatures may establish a 'Ethics Commissioner' office. On the same basis as suggested for Parliament, this Office would report to the Speaker/Chairman.
CODE OF ETHICS FOR CIVIL SERVANTS
1. Allegiance to the various ideals enshrined in the Constitution's preamble
2. Non-political operation
3. The primary goal of civil service should be good governance for the benefit of the people.
4. Obligation to act objectively and fairly
5. Decision-making accountability and transparency
6. Upholding the highest ethical standard
7. Merit to be the criterion for civil servant selection, consistent with the nation's cultural, ethnic, and other diversity.
8. Ensure budgetary prudence and avoidance of waste.
9. Providing a healthy and pleasant working environment
10. Communication, consultation, and cooperation in the performance of functions, i.e. management participation at all levels.
11. Public Service Values, which all government employees should strive for, should be defined and made applicable to all levels of government and parastatal organisations. Any violation of these values should be considered misconduct and punished accordingly.
12. The Code of Ethics and the Code of Conduct for officers should cover all aspects of conflict of interest. Also, serving officials should not be nominated to public undertakings' boards of directors. Non-profit public institutions and advisory bodies, on the other hand, will be exempt.
ETHICAL FRAMEWORK FOR THE JUDICIARY
• The rule of law requires an independent judiciary that enjoys public confidence.
• The Supreme Court of India unanimously adopted a charter called the "Restatement of Values of Judicial Life" (commonly known as the Code of Conduct for judges) at its Full Court Meeting on May 7, 1997.
a. No member of the Judge's family who is a member of the Bar is permitted to use the Judge's actual residence or other facilities for professional purposes.
b. A judge should maintain a level of aloofness commensurate with his position's dignity.
c. A judge is not permitted to hear and decide a case involving a member of his family, a close relative, or a friend.
d. A judge may not engage in public debate or express his opinions in public on political issues or matters that are pending or likely to be decided by the courts.
e. It is expected of a judge to let his decisions speak for themselves. He will not give any media interviews.
f. A judge is not permitted to accept gifts or hospitality from anyone other than his family, close relatives, and friends.
g. A judge may not hear or decide a case involving a company in which he owns stock unless he has disclosed his interest and no objection has been raised to him hearing and deciding the case.
h. A judge is not permitted to speculate in shares, stocks, or other financial instruments.