Code of conduct and code of ethics

On several occasions, the behaviour of civil servants may come under conflict with what is required of them to ensure good governance and public welfare. 

For instance, J&K cadre IAS Shah Faisal’s tweet on ‘rape culture in India’ came under scrutiny in 2018. Because when a senior bureaucrat who is part of the governance machinery himself criticises the government or its organs, it may significantly harm public trust in justice.

To prevent such instances from occurring, we have a code of conduct for civil servants, and even for the things that are not mentioned in the Code of Conduct, civil servants are required to abide by the well-established norms of ethics of the society.

In this chapter we will understand these concepts.

Codes of Conduct

A Code of Conduct is a formal set of guidelines outlining the expected ethical behaviour, responsibilities, and professional standards for individuals within an organization or profession. Every profession has its own code of conduct which specifies how that profession must be conducted. For example, the code of conduct for Chartered Accountants (CAs) in India is established and regulated by the Institute of Chartered Accountants of India (ICAI), a statutory body under the Chartered Accountants Act, 1949.

The code of conduct for civil servants consists of legally enforceable laws, rules, and regulations which prescribe norms for their behaviour and conduct.

Most of the times code of conduct is legally binding, but sometimes, it is not. For example, the Election Commission’s Model Code of Conduct (MCC) is not legally binding in the strictest sense, but it holds quasi-legal authority.

In India, the legally legally enforceable codes of conduct include:

• Article 309 to 311 in Part IV of the Constitution of India
• Relevant sections of laws such as:
  • Indian Penal Code covers ‘illegal gratification’(bribery), ‘criminal breach of trust by a public servant’, and the provision of imprisonment.
  • Prevention of Corruption Act
  • Official Secrets Act
  • Indian Evidence Act
• Civil Services Conduct Rules 1964 and All India Services Conduct Rules 1968.

Central Civil Services (Conduct) Rules, 1964

Major Provisions are as follows: Maintain absolute integrity and devotion to duty; Commit himself to the constitution and democratic values; Defend and uphold the sovereignty and integrity of India, the security of the state, public order, decency and morality; Promote the principles of merit, fairness and impartiality in the discharge of duties; Maintain accountability and transparency; Maintain responsiveness to the public, particularly to the weaker section; Take decisions solely in the public interest and use public resources efficiently, effectively and economically; Declare any private interests relating to his public duties and take steps to resolve Conflicts in a way that protects the public interest; Not place himself under any financial or other obligations to any individual or Organisation which may influence him in the performance of his official duties; Not to misuse his position as a civil servant and not make decisions in order to derive Financial or material benefits for himself, his family or his friends; Maintain confidentiality in the performance of his official duties as required by any Laws, particularly with regard to information that may affect the sovereignty and integrity of India, the security of the state, etc. No government servant shall indulge in the act of sexual harassment of any woman at the workplace. Every government servant shall take appropriate steps to prevent sexual harassment of any woman in the workplace. No government servant shall be a member of/associated with any political party.

Role of Code of Conduct

• • legality in actions and decisions: It helps ensure no illegal actions/decisions are taken by any civil servants.
  • Rationality in the actions/decisions: It ensures that general principles of objectivity and rationality are followed and ensures that personal biases like stereotypes/prejudices/emotions do not affect the decisions of civil servants.

• Ensure continuity and predictability: Civil servants are transferred regularly, but public functions are not affected, and public services are made available as usual. 

• Help control the menace of corruption and favouritism By ensuring transparency and accountability in governance.
• Empowers citizens: Breach of the code of conduct can be reported by them.
• Protect honest civil servants: It helps civil servants defend their actions against ill-guided complaints.
• Help ensure public welfare: It helps civil servants to do the right things in the right ways
• Help civil servants defend actions taken in goodwill: It provides a strong prima facie reason to act in a certain way. For instance, A senior IAS officer from Telangana tweeted in support of Ms Bilkis Bano (Gujrat riots case), questioning the Gujarat government’s decision, leading to a breach of the Central Civil Services (Conduct) Rules of 1964.

Issues with Code of Conduct

• Outdated rules: Rules are old, complex, and not suitable for emerging challenges such as the rise of social media, technological advancements, increased dynamism of markets due to globalisation, etc. 
• Vagueness: Some rules are vague, for instance, ‘maintaining absolute integrity’, ‘devotion to duty’ and ‘not engaging in any behaviour unbecoming of a civil servant’.
• Restrictions on Fundamental freedoms: Some rules restrict fundamental freedoms such as Freedom of expression. For instance, Restrictions on Political Affiliation, Participation in political activities and criticisms of government policies or actions.
• Complex disciplinary proceedings: The process of disciplinary action is complex, and there is undue delay in enquiry and action. 
• Restrictive rules leading to Overregulation: Civil servants are required to report any gifts exceeding Rs. 25,000 received from near relatives or personal friends.
• Challenges in Enforcement: While the rules outline penalties, including dismissal from the service for a major breach. However, complaints with proper details are necessary for action. Moreover, complaints need to be filed with proper channels, such as the Central Vigilance Commission. This makes it quite challenging to enforce these rules.

Measures to address Challenges

• Proper Enforcement: Ensuring the efficient implementation of the Conduct Rules requires streamlining and simplifying the complaint process and encouraging transparency.
• Regular review and updates: This may help address emerging challenges and ensure that the rules stay relevant.
• Increasing Awareness: Training programs and awareness campaigns can enhance civil servants’ understanding of their roles, responsibilities and the consequences of non-compliance.
• Participation of all stakeholders: Collaborative efforts between government bodies, civil society, and the public can foster a culture of accountability and ethical conduct among civil servants.

Conclusion

In order to make the code more effective, Renewal of the existing code seeking to address new issues and challenges should be a priority. The codes of conduct should be made simple and clear to be easy to enforce. Another major challenge for the code of conduct is that it should become an integral part of everyday activities. The flexibility of the code is another important feature. A comprehensive review and renewal will ensure they fill the gap between what conduct civil servants have and what they ought to have.

Codes of Ethics

“Rivers do not drink their waters themselves, nor do trees eat their fruit, nor do the clouds eat the grains raised by them. The wealth of the noble is used solely for the benefit of others”. – an ancient subhashit (good message) quoted by 2nd ARC.

A code of ethics is primarily intended to serve as a general framework for all administrative decisions, providing direction in all decisions and judgements. Code of Ethics contains a declaration of values for the civil services and is generally not legally binding.

Draft Public Service Bill

A draft Public Service Bill 2007 by the Ministry of Personnel, Public Grievances and Pensions lays down a number of values for civil servants. The salient ‘values’ envisaged in the Bill are:

• Allegiance to the various ideals enshrined in the preamble to the Constitution
• Apolitical functioning
• Good governance for the betterment of the people is the primary goal of civil service.
• Duty to act objectively and impartially
• Accountability and transparency in decision-making
• Maintenance of the highest ethical standards
• Merit is the criteria in the selection of civil servants; however, with consideration of the cultural, ethnic and other diversities of the nation.
• Ensuring economy and avoidance of wastage in expenditure
• Provision of a healthy and congenial work environment
• Communication, consultation and cooperation in the performance of functions, i.e. participation of all levels of personnel in management.

The draft Bill also provides for the Public Service Code and Public Service Management Code, laying down specific duties and responsibilities. Violation of the Code would invite punishments/penalties. A ‘Public Service Authority’ is also envisaged to oversee the implementation of the Code and its values.

There is an urgent need to establish a code of ethics to clarify general values to be followed by all civil servants as recommended by the Hota committee.

Role of Code of Ethics

• • It helps to ensure that civil servants’ decisions and actions are in line with the values and ethical principles that are important to secure the vision of a welfare nation of our constitution.
  • It helps civil servants make decisions in ambiguous situations where there is a lack of a clear rule or code of conduct. 
  • A code of ethics empowers civil servants and enables them to make decisions or act even without the constant supervision of their superiors. 
  • It can improve the quality of decision-making and make it easier for employees to be autonomous.
  • It helps foster trust and increase legitimacy for public officers in the eyes of the public. This way, it becomes easier for public servants to make and implement difficult decisions in public interests without public resistance.
  • A clear code of ethics can provide guidance and support to civil servants in difficult situations, help them make informed decisions, and encourage them to act ethically at all times.

• It helps create a culture of transparency and accountability in governance. When it is regularly enforced and reinforced, civil servants may become more motivated to act ethically and responsibly.

• It helps resolve ethical dilemmas by providing a hierarchy of moral values and recognising values that cannot be compromised at any cost. For instance, PCS officer Rinku Rahee exposed an 83 crore scholarship scam during his services in Mujjafarnagar. Eight people were charged in the case, and four were sentenced to 10 years of imprisonment. He later cleared UPSC CSE on his last attempt.

Difference Between Code of Ethics and Code of Conduct

The major difference between code of ethics and code of conduct is that code of ethics is a set of morals by which a civil servant makes decisions about what is right or wrong, while code of conduct is a set of rules and regulations that explain appropriate behaviour in specific situations.

Code of Ethics	Code of Conduct
It is a set of principles based on values/morals by which a civil servant makes decisions on what is right and wrong.	A code of conduct is a set of rules and regulations that explains appropriate behaviours in different situations.
It is Morally binding.	It is generally Legally binding.
Explains how decisions are made	Dictates how employees must act
The focus is on building the virtuous character of civil servants	Focuses on moulding behaviour and procedural compliance by civil servants
Have a broader scope	Have comparatively narrower scopes and are specific
It is derived from Indian Philosophy, Mythology, and constitutional values.	It is derived from the practical necessity of curbing corruption and the need for transparency.
It is enforceable.	It reflects ‘what is Desirable’.
For instance, Compassion, Objectivity, Impartiality	For instance, politically neutral behaviour, not criticising government policies, not accepting expensive gifts.

Relationship between Code of Ethics and Code of Conduct

• A code of conduct can be seen as the practical application of the code of ethics.
• In other words, the code of conduct explains what civil servants must do to implement the code of ethics.
• The code of conduct are ‘Ends‘, which need to be attained while ensuring the ‘means‘ provided in the Code of Ethics are used.
• A code of ethics is broad, giving civil servants a general idea of what types of principles need to be followed while taking an action/decision. A code of conduct is more focused and defines how civil servants should act in specific situations. Therefore, the code of ethics bolsters the code of conduct.

Conclusion

Both Code of conduct and code of ethics are crucial in maintaining probity and public trust in governance. Therefore, it is high time that we adopt comprehensive Code of Ethics civil servants. Further, we need to adopt a Code of ethics for all other stakeholders of governance. As it is only by the ethical conduct of all players that we can ensure probation in governance.

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