Accountability and Ethical Governance

Accountability and Ethical Governance

This article deals with topic titled ‘Accountability and Ethical Governance.’ This is part of our series on ‘Ethics’  . For more articles , you can click here

 

Accountability

What is Accountability

  • Accountability means answerability of the officials for their decisions and actions.
  • Accountability is  required in case of Public Servants because they have lot of discretion
  • Benefits of Accountability
        • Checks Abuse of power
        • Checks corruption and Fraud
        • lack of accountability decreases the legitimacy of government
        • Makes system more responsive
        • Stops Arbitrary and unauthorized exercise of authority

 

  • Against Accountability points
        • Officers spend their time in maintaining records or answering RTIs etc
        • It makes them status quoist in their conduct in fear of public scrutiny.

 

To quote Amartya Sen – ” We don’t need just a democracy, we need accountable democracy.”

 

Quite often Accountability is misunderstood as Responsibility.

      • Responsibility is inner concept like your responsibility to do some work
      • Accountability is outer concept like your accountability of some work you have done.

 

 

Types of Accountability

There can be two type of Accountability in Governance

Vertical Accountability of government to persons outside government is ensured by

  • Elections
  • RTI
  • Media & Social Media
  • Citizens Charter
  • NGO & Pressure Groups
Horizontal Accountability of Public Institutions/ Servants to Government

External Accountability of Public Servant outside his wing

  • Accountability of Minister (Executive) to Parliament (Legislature)
  • Judiciary
  • CAG
  • CVC
  • NHRC
Internal Accountability of Public Servant inside his wing/department

  • Accountability to Superiors
  • Internal Audit
  • Grievance Redressal Mechanisms

Whenever we have to answer how to increase Accountability , we have to cover all these angles.

 

Steps to make  Accountability more effective in India

  • Strengthening RTI act and infrastructure
  • Protection of Whistleblowers through legislation.
  • Strong Lokpal Act
  • Social Audits by local communities, NGOs can enhance accountability in public service delivery, for instance in MGNREGA.
  • Using Information and Technology: Maintaining digital records
  • Encouraging Citizen’s initiative: e.g. Mazdoor Kisan Shakti Sangathan
  • Promoting Competition and discouraging monopolistic attitude among public service sectors.
  • Need to lay down a statutory Code of Ethics for Civil Services (British Civil Services Code can act as a model.)

 

Side Topic : Lokpal

This is a Central Institution of Accountability in matters of financial impropriety and corruption .

 

Which bodies come under Lokpal

  • Members of Parliament
  • Ministers including PM (Central Executive)
  • Higher Bureaucracy (Lower Bureaucracy under CVC)
  • NGO falling under cases of FCRA

 

Various Challenges to accountability in India

  • Special Expertise  :   public administrators are experts in their specific area  => difficult for outside agency to surpass them in their areas of specialization & question them.
  • Massive Expansion of Bureaucracy:   difficult for the political executive to exercise effective control over them.
  • Lack of Coordination:  The number  of agencies  increased => CBI, CVC,  Lokayuktas, SVC etc without effective coordination among them.’
  • Excessive security : Article 311 of the Indian Constitution makes it almost impossible to remove a civil servant.
  • Employees’ unions: Tendency of employees’ unions to resist the managerial action against their members even when they have blatantly violated ethical norms.

 

 

Ethical Governance

Ethical governance is corruption free, moral and people centric Government

 

Philosophical Basis of Ethical Governance

People think that concept of Good Governance is modern concept. But they are wrong. Many times in past, scholars have conceptualised what is  good governance

 

Kautilya

  • Kautilya in his Arthashastra wrote , ” in the happiness of subjects lies the happiness of king and in the welfare of subjects lies the welfare of king. ” Hence , he has written about Citizen Centric Government .
  • Kautilya has also highlighted the corruption & given concept of Kantakshodhana ie king should purge out those elements strictly.

 

Gandhi’s Vision of Ramrajya

  • Vision of Ramrajya involves the governance based on Moral Principles .
  • Infact Gandhi has said that Government which is not working in people’s interest is morally corrupt.
  • Swaraj ie Self Rule is one of the pillars of his concept of Ramrajya or Good Governance .

 

Aristotle

  • He has divided the Government  into two parts
    • Perverted Government : Power is used in the interest of Ruling class
    • Legitimate Government : Power is used in Public Interest

 

8 Characters of Ethical Government  

Rule of Law

  • Rule of Law involves governance based upon rules and regulations
  • In modern times, these rules & regulations are codified in Constitution of country .

 

People’s Participation

  • Real democracy doesn’t just mean voting to elect government but participation of people in governance itself .
  • The mechanism of people’s participation in contemporary times are
Conventional Tools
  • Voting
  • Pressure Groups
New & Contemporary
  • Panchayati Raj Institutions & Gram Sabha
  • RTI
  • Social Auditing
  • Citizen Charter
  • E-Governance (C2G)
  • Social Media (change.org, online petitions)

 

Consensus orientation

  • Ethical Governance is not based on Winner takes all approach .
  • Decisions in the government should be taken based on consensus

 

Equity and Inclusiveness

  • Distribution of resources  should be based on the principle of equity so that different sections of society receive these resources based on their need
  • Inclusiveness involves including weaker sections  in decision making (welfare principle)

 

Effective and Efficient

  • Effective government is one which achieves the target in stipulated time
  • Efficient government is one which deliver maximum with minimum resources

 

Accountable

  • Discussed above

 

Transparent

  • Literal meaning is openness
  • Tool of Transparency : RTI, E- Governance

 

Responsive

  • Responsive government is one which positively responds to people’s demands, needs and aspirations in a timely manner

 

 

 

Right to Information

Right to Information

This article deals with topic titled ‘Right to Information.’ This is part of our series on ‘Ethics’  . For more articles , you can click here

 

 

Right to Information  Act

Sweden was the first country in the world to give Right to Information in 1766. USA gave it after 200 years in 1966. Other countries include France (1978), Canada (1982) , Japan (1999) , Britain (2000) & finally India in 2005

 

Role of Political Parties and Government

Constituent Assembly Prof KT Shah gave suggestion to include it in Constitution . But it wasn’t debated properly
1975-77 During Emergency, Rights of Citizen were blatantly violated . JP led movement emphasised on Right to Information
1977 Morarji Desai Government made Taskforce which suggested against making RTI Act
1989 Boforce Scandal – RTI again came to limelight . But governments formed during this period were unstable and nothing came out
1997 IK Gujaral Government made HD Shorey Committee to frame RTI Act. Present RTI act was drafted by HD Shorey Committee
2000 Atal Bihari Vajpayee promised in UN to make RTI Act
2005 14th Lok Sabha passed RTI act

 

 

Role of Judiciary in RTI Act

  • Judiciary has given many judgements since 1950s that RTI is part of Right to Freedom of Expression.
  • PUCL vs GoI (2003) gave right to citizens to ask any information from their representatives (MPs & MLAs)
  • TN was the first state to make RTI Act in 1997 based on Judicial Judgement regarding this .

 

 

Role of Civil Society in RTI Act Movement

Civil Society or NGOs have tried to make informed citizenry. Eg : Rajasthan’s Mazdoor Kisan Shakti Sangathan (MKSS) , gathered information about services being  provided to citizens by government and gave it to citizens. They organised Jan Sunwais which was platform to address issues raised by Citizens where Ministers and High Officials were invited and asked critical questions which forced them to become accountable . This Andolan and Jan Sunwais became world famous and in 2000 Rajasthan passed RTI Act at state level

 

  • RTI Act,2005 empowers the citizen of India to seek information from a public authority
  • Under the provisions of the Act,
        • Any citizen may request information from a “public authority” (Act defines what is Public Authority)
        • Public Authority is required to reply expeditiously or within thirty days.
        • Every public authority must computerise their records  so that the citizens need minimum recourse to request for information formally
        • Applies to all States and Union Territories of India

 

 

Downside of Information Sharing

  • Freedom brings with it added responsibility as well  . Hence, it must be used with responsibility . Non-serious applications should be avoided.
  • Information can be used by anti- social elements to create disharmony  &  sense of mistrust & despair 

 

Thus adequate checks & balances need to be built to ensure that it is not misused

 

Provisions of the Act

Objective : To bring transparency in governance

 

How to apply

  • It is said to be most citizen centric and friendly act
  • No specific format is required . It can be applied by writing on blank paper or online
  • Language : English or Hindi or Any official local language
  • Fees is not barrier : Fee is ₹10 and free for BPL
  • Public Information Officer (PIO) has legal obligation to assist the person in application of form
  • No reason required to be given for seeking information

 

Central Information Commission shall consist of : 1 Chief Information Commissioner and upto 10 Central Information Commissioners.

 

PIO /APIO

  • PIO = Public Information Officer (at Tehsil or District level)
  • PIO are officers who provide information requested under RTI
  • APIO = Assistant PIO .
    • He is the connecting link between rural masses and PIO. Essentially they are created at Post Office level because poor person cant travel to Tehsil and District  to apply to PIO due to transportation costs and losing work day .
    • Actual information is given by PIO in this case too.
  • Duties of PIO
    • PIO will examine requests
    • If desired information is related to some other public authority , then PIO will forward that application within 5 days to that Public Authority and inform the applicant
    • PIO can take help of any other officer for proper disposal of his duties
    • PIO will provide information within 30 days of application or dismiss application under Section 8 or 9 of RTI
    • Where desired information has question of life and liberty , then information is to be provided within 48 hours
    • If PIO fails to provide information within stipulated time  , it is presumed that he has denied to provide information.
  • If PIO dismisses application , he must
    • Tell reasons
    • Tell the time limit in which an appeal must be made against that.
    • Provide details of Appellate Officers

 

Mechanism of processing of information

Time : 30 working days unless stated otherwise .

  • In exceptional cases like issue of violation of Human Rights , it has to be processed in 48 hours
  • If giving application to APIO, add 5 more days (35 working days)
  • If the desired information has vested interests of Third Party , it can take maximum 40 days
  • If PIO fails to provide information within stipulated time  , it is presumed that he has denied to provide information.

 

Appellate Authorities

  • Process of Appeal : Appeal can be made when no information is given in 30 days or  application has been rejected  for some reason or given information is  not satisfactory. There are two appeals
    • 1st Appeal : Officer of the rank higher than PIO of concerned Public Authority within 30 days of decision
    • 2nd Appeal : Can be made in Central or State Information Commission within 90 days of first appeal
  • But CIC is the only appellate authority which may declare a body as public authority if it is convinced that the organization fits into the criteria for being under the RTI Act.

 

When information can be denied

  • Section 8 of RTI (dealt below)
  • If an information violates copyright act (Section 9)

 

Wrt Official Secrets Act

  • Act overrides the Official Secrets Act, 1923. The information commissions can allow access to the information if public interest outweighs harm to protected persons.

 

Exemptions under Section 8

Exemption to certain Information under Section 8 of RTI

  • National security or sovereignty
  • National economic interests
  • Relations with foreign states
  • Law enforcement and the judicial process
  • Cabinet and other decision-making documents
  • Trade secrets & commercial confidentiality
  • Individual safety
  • Personal privacy

 

Public Authorities

Section 2(h) of the RTI Act states that “public authority” means any authority or body established

  • By  Constitution
  • By  law made by Parliament or State Legislature
  • By notification issued by the appropriate Government or substantially financed by government

Issue : RTI Act does not define substantial financing. Consequently, courts are often required to decide whether a particular form and quantum of financial aid constitutes substantial finance.)

 

Different Obligations on Public Authorities

  • Act imposes obligation on public agencies to disclose the information suo-moto to reduce requests for information
  • To make all the information online (digitization of information)
  • Proactive disclosure of public information on website
  • Timely appointment of PIOs & APIOs
  • Creating the awareness wrt Act

 

Different Rights under Right to Information Act

  • Right of Inspection
  • Right to obtain Carbon Copies of information . This can be in form of Physical Copies (Xerox) , Digital form (CD, DVD)
  • Right to take the certified samples

 

Amendment to RTI Act in 2013

  • Amendment said that Political Parties are not Public Authorities under RTI Act ie  they are outside the purview of RTI Act
  • The amendment will ensure that political parties are not obliged to disclose the basis to choose their candidates & the source of their funding

 

 

2019 Amendment

1 . Security of Tenure of CIC , IC & SIC taken away

        • original law = Fixed 5 year tenure or 65 years age
        • Amendment =  Center to decide their tenure.

 

2. Position of CIC, IC , SIC

  • Original Act : Position was as follows

Chief Central Information Commissioner

Same as Chief Election Commissioner

Central level Information Commissioner Same as Election Commissioners
State Information Commissioners Same as Chief Secretary of State
  • Amendment :  empowers Central government to unilaterally decide the tenure, salary, allowances and other terms of service of Information Commissioners, both at the Centre and the States
  • Rationale : Election Commissioners are Constitutional Body while Election Commissioners are Statutory

 

Issue

  • Will impact independence of the institution
  • Against Federalism

 

Analysis of RTI

Pros
  • Transparency
  • Accountability
  • Efficiency increased
  • Strengthened democracy
  • Increase in people’s participation in governance

Number of scams RTI has helped unearth in past decade include Adarsh Housing Society scam, 2G scam, Commonwealth scam, MNREGA etc

 

Issues 1 . Lack of Awareness

  • There is very less awareness in people about provisions of Act .
  • It is mostly used by NGOs and enlightened people
  • Over the last decade, less than 2 % of the Indian population has used the law

 

2. Victimisation of RTI Activists : large number of RTI Activists are killed and there is no effective act to provide security (Whistle-blower’s Act is too weak) .

 

3. Misuse of RTI :

  • To harass and blackmail public functionaries .

 

4. Section 8 of RTI Act (exceptions under RTI) : This affect transparency

  • Political Parties are not under ambit of RTI .
  •  collegium System of Judiciary not under RTI .

 

5. Issues wrt effective implementation

  • Under-staffing .
  • Issues wrt maintenance of information.

 

6. High Pendency

  • CIC & SIC post remains vacant and other appointments are not made with urgency.  Ruling parties want to make RTI ineffective

 

 

Reforms required

  1. Greater voluntary disclosure of information held with public Authorities.
  2. Strong Whistleblower Act .
  3. Some sort of protection should be provided to honest officers to stop harassment
  4. Timely appointment of PIOs, CIC, SIC, IC etc
  5. Extra finances for logistics Create awareness by organising awareness drives .
  6. Bring political parties under RTI .
  7. Some state level initiatives which can be used
        • Jankari Call Centre: Bihar Government has initiated a call centre which facilitates the  caller in drafting the RTI application and the fee is collected through the phone bill.
        • “Train the Trainer” concept in Assam: Government trains the NGOs to impart training to citizens on RTI in order to maximize the reach of RTI

 

(2013 UPSC Study ) A Public Information Officer has received an application under RTI Act. Having gathered the information, the PIO discovers that the information pertains to some of the decisions taken by him, which were found to be not altogether right. There were other employees also who were party to these decisions . Disclosure of the information is likely to lead to disciplinary action with possibility of punishment against him as well as some of his colleagues. Non-disclosure or part disclosure or camouflaged disclosure of information will result into lesser punishment or no punishment.

 

The PIO is otherwise an honest and conscientious person but this particular decision, on which the RTI application has been filed, turned out to be wrong. He comes to you for advice

 

The following are some suggested options. Please evaluate the merits and demerits of each of the options:

  • The PIO could refer the matter to his superior officer and seek his advice and act strictly in accordance with the advice, even though he is not completely in agreement with the advice of the superior.
  • The PIO could proceed on leave and leave the matter to be dealt by his successor in office or request for transfer of the application to another PIO.
  • The PIO could weigh the consequences of disclosing the information truthfully, including the effect on his career, and reply in a manner that would not place him or his career in jeopardy, but at the same time a little compromise can be made on the contents of the information.
  • The PIO could consult his other colleagues who are party to the decision and take action as per their advice.

 

Also please indicate (without necessarily restricting to the above options) what you would like to advise, giving proper reasons. (20 marks| 250 words)

Present case presents a dilemma of Public Interest vs Private interest . Not giving correct information will jeopardise people’s right to information and giving it will make public his wrong decisions

 

First Option

Merit
  • Senior is experienced person and he can give better advice to resolve the dilemma
  • Following the orders of Higher official is in line with Code of Conduct.
Demerit
  • Against provisions of RTI Act.

 

Second Option

Merit
  • There is case of Conflict of Interest . So , this action is completely in line with Code of Conduct .
Demerit
  • Shows cowardice and lack of courage and running from responsibility  .

 

Third Option

Merit
  • Personal interest of person can be protected and can save person from any blot on career that can harm future prospects .
Demerit
  • It will compromise integrity of person and credibility of office
  • It will compromise the rights of person who wants genuine information which is legal right under RTI
  • If his action of camouflage of information is detected in future , he will have to suffer double punishment .

 

Fourth Option

Merit
  • They are stakeholders too and consulting them beforehand can save him from future bitterness in relations .
Demerit
  • As PIO , his duty is towards giving correct information to person who is demanding it and not to protect his colleagues
  • In legal sense, in future if wrongdoing in giving information is discovered, only he will be responsible and liable for this act.

 

Under RTI, it is the legal obligation of PIO to give Carbon Copy of Information available with authority without any modification. Right of citizen to have access to correct information cant be curtailed under RTI. Giving manipulated information can lead him to more troubles in future in case wrongdoing is discovered .

 

Hence, best decision is to give objective information without any manipulation which is his legal duty and give justification in future if any of his past actions are questioned based on the information disclosed.

 

 

Codes of Ethics, Codes of Conduct

Codes of Ethics, Codes of Conduct

This article deals with topic titled ‘Code of Ethics, Code of Conduct.’ This is part of our series on ‘Ethics’  . For more articles , you can click here

 

 

Why we need Code of Ethics & Conduct for Public Servants ?

Consider the situations

  • What should be done about men who do not directly and blatantly sell the favours of their offices for money and so not place themselves within the penalties of the law?
  • How do we deal with those who, under the guise of friendship, accept favours, which offend the spirit of the law but do not violate its letter?

A system of laws and rules, however elaborate, cannot provide for all situations. It is no doubt desirable, and perhaps possible, to govern the conduct of those who occupy positions in the lower echelons and exercise limited or no discretion. But the higher the echelon in public service, the greater is the ambit of discretion. And it is difficult to provide for a system of laws and rules that can comprehensively cover and regulate the exercise of discretion in high places.

 

Hence, although all citizens are subjected to the laws of the land, in the case of Public Servants there must be standards of behavior more stringent than those for an ordinary citizen. Due to this, need arises for establishing not just a code of conduct but a code of ethics.

 

Note from 2nd ARC Report : Most disturbing aspects of this problem of moral conduct is the revelation that morality has become identical with legality. We are certainly in a tragic plight if the accepted standard by which we measure the integrity of a man in public life is that he keep within the letter of the law.

 

Side Topic : Code of Conduct vs Code of Ethics

Code of Conduct
  • Dos & Donts
  • Prescribes mainly unacceptable behavior
  • Minimalist approach ie tells minimum to be required of person in particular capacity
  • Is enforceable
Code of Ethics
  • Contains Core values (like Honesty, Tolerance etc)
  • Aspirational (what that person must strive for)
  • Are mainly Benchmarks (maximalist approach)
  • Aren’t enforceable

 

ARC II Recommendation on Code of Conduct

  • Present set of Code of Conduct is  too vague , complex and difficult to interpret. There is need to re-write Code of Conduct in order to make them simple , precise and easily interpretable .
  • Still we don’t have written set of Code of Ethics and there is need to write Code of Ethics for civil servants

 

 

Code of Conduct for Civil Servants

  • Central Civil Services (Conduct) Rules – 1964 and analogous rules applicable to members of  All India Services
  • It was a continuous process
1869 Disapproval of habitual lending and indiscriminate borrowing
1876 Ban on accepting gifts
1920 Ban on accepting commercial employment after retirement
1964 Formation of Central Civil Services (Conduct) Rules , 1964  based on the recommendations of Committee on Prevention of Corruption headed by K Santhanam

 

Later These rules have subsequently been updated . Eg

  • Prohibiting demanding and accepting dowry,
  • Prohibiting sexual harassment of women employees

 

There is no Code of Ethics prescribed for civil servants in India 

 

 

Central Civil Service Conduct Rules , 1964

General

  • Direction of the official superior shall  be in writing.
  • Government servant who has received oral direction shall seek confirmation  in writing as early as possible

 

  • MPs or MLAs should be given preference over other visitors (as they have various other public works to perform) and in the very rare cases where an officer is unable to attend MP or MLA of which he had no previous notice, the position should be politely explained to him and another appointment fixed in consultation with him.

 

  • India = Secular State. Civil Servant is free to practice any religion in private life but in Public life his conduct should be such that it is not seen as favouring particular religion.

 

  • No Government servant shall indulge in any act of sexual harassment of any women at her work place.

 

  • No Civil Servant  shall, except with the previous sanction of Government, permit his son, daughter or other dependent, to accept employment in company  with which he has official dealings

 

  • If son or daughter or dependent of Civil Servant is employee of company which is interested in allotment of contract, then Civil Servant shouldn’t be part of process to  award of a contract  . 

 

  • Civil Servant shouldn’t be member of any Political Party and shouldn’t take part in any political movement.

 

  • A Government servant publishing a book or participating in a public media shall at all times make it clear that the views expressed by him are his own and not that of Government.

 

  • Government servant shouldn’t make statements in press which adversely criticises government policy or action , impact relation between Union-State or Union & other foreign government.

 

  • Civil Servant should provide Information demanded under RTI Act provided it is not classified information.

 

  • Civil Servant shouldn’t accept gift (including free transport, lodging etc) from anybody

 

  • Civil Servant shouldn’t take or give Dowry.

 

  • No subletting of Official Residence .

 

  • Civil Servant shouldn’t indulge in speculative investments or buy share in IPO or FPO of PSU in whose decision making he was involved.

 

  • Submit record of Assets and Liabilities on joining and submit annual return

 

  • A Government servant shall strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being + Not be under the influence of any intoxicating drink or drug during the course of his duty

 

  • No Government servant shall employ to work any child below the age of 14 years.

 

 

 

Reasons for minimal impact of Code of Conduct 

  • Not all the provisions of code of conduct are legally binding. For example, provisions of Central Civil Services (Conduct) Rules which are violated under the Prevention of Corruption Act invite punishment. Else, their enforcement boils down to departmental discretion.
  • Code of Conduct has to be supported by strong accountability and transparency mechanisms.
  • Erosion of moral values in public life has occurred to an extent that the cumulative impact is negligible.

 

Regarding Code of Ethics for Civil Servants

Although there is Code of Conduct for Civil Servants in India but there is no Code of Ethics (although there is urgent need to formulate Code of Ethics)

 

Reason/Need :

  • They have lot of Discretionary Power
  • They should live a life of high standards so that legitimacy of Civil Servants as a whole is not eroded .

 

Various Committees which have proposed to formulate Code of Ethics for Civil Servants

  • Santhanam Committee on Prevention of Corruption (1964)
  • Hota Committee (2004) :  Code of Ethics should be laid down for the civil servants
  • 2nd Administrative Reforms Commission : Recommended drafting a Bill on ethics to give code of ethics a statutory basis

 

Attempt has been made twice to formulate Code of Ethics

  • First Initiative in 1997 by Department of Administrative Reforms of the Government of India
  • Second Initiative : Public Service Bill 2006

 

Main provisions which should be included in Code of Ethics (according to 2nd ARC)

  • uphold rule of law and respect for human rights and act solely in public interest.
  • They must maintain the highest standards of probity and integrity.
  • Allegiance to the Constitution and the law
  • Function in apolitical manner
  • Act objectively, impartially, honestly, equitably, and in a fair and just manner
  • They should conduct themselves in such manner that the public feels that the decisions taken  by them are objective and transparent and are not calculated to promote improper gains for the political party in power, for themselves, or for any third party.
  • Conflict of Interest: Employees in public service should  disclose any clash of interest when there is conflict between public interest and private interest.
  • Ensure that public money is used with utmost economy and care

 

 

 

Case Study (UPSC)

Suppose one of your close friends, who is also aspiring for civil services, comes to you for discussing some of the issues related to ethical conduct in public service. He raises the following points :

  • In the present times, when unethical environment is quite prevalent, individual attempts to stick to ethical principles may cause a lot of problems in one’s career. It may also cause hardship to the family members as well as risk to one’s life. Why should we not be pragmatic and follow the path of least resistance, and be happy with doing whatever good we can?
  • When so many people are adopting wrong means and are grossly harming the system, what difference would it make if only a small minority tries to be ethical? They are going to be rather ineffective and are bound to get frustrated.
  • If we become fussy about ethical considerations, will it not hamper the economic progress of our country? After all, in the present age of high competition, we cannot afford to be left behind in the race of development.
  • It is understandable that we should not get involved in grossly unethical practices, but giving and accepting small gratifications and doing small favours increases everybody’s motivation. It also makes the system more efficient. What is wrong in adopting such practices?

Critically analyze the above viewpoints. On the basis of this analysis, what will be your advice to your friend? 250 words.

Questions raised by my friend are quite common which can put Civil Servant in dilemma during service too but there are some inherent flaws in that. During my analysis , touchstone on which I will analyse this will be securing public interest over private interest, maintaining integrity and probity, upholding civil service values and abiding by Code of Conduct.

 

Analysis of First Option

  • While choosing to be part of Civil Services , person has chosen Civil Service as value . Civil Servant has to place Public Service at highest priority even at cost of personal interest . Hence, Civil Servant has to be selfless &Civil service demands courage and fortitude as value
  • Apart from that , there is legitimate protection given to Civil Servant and his family . It is not essential that every honest and ethical Civil Servant is prosecuted . If Civil Servant has taken his decisions rationally and objectively, he needn’t fear . Civil Servants like Ashok Khemka etc have survived and is good example

 

Analysis of Second Option

  • Means are more important than ends .
  • Minority can become motivation for others . Hence, by being ethical , person can lead by example . Eg TN Sheshan led by example and uprooted corruption from Elections to large extend
  • As Gandhi has said , ” be the change you want to see in the world.” As common people, we want that Bureaucracy must be ethical and non-corrupt. When we become part of it, we cant indulge in same practices

 

Analysis of Third Option

  • Again means and end debate . Developing by wrong means is to define development narrowly. Such development cant be Sustainable . Such development will be limited to particular section of society only. Holistic development , fruits of which can be enjoyed by all sections of society can be achieved only by adopting ethical and pure means
  • If we allow MNCs to exploit poors and tribals by violating their rights , displacing them from their habitats and allow them to adopt all unethical means, it will end up in Naxal Movements and uprisings . In end, such practices backfire

 

Analysis of Fourth Option

  • Slippery Slope Argument : Such actions create slippery slope. How will one define corruption is small or big.
  • Think of people who don’t have anything to give.
  • Incentive for Civil Servant should be reward by government and not small bribes and gifts.

 

 

I will advice him that

  • While discharging all functions as Civil Servant , Always adopt pure means to achieve pure ends
  • After becoming Civil Servant, our aim should be helping the general public selflessly .
  • Becoming part of Indian Civil Services give chance to change life of millions for good and satisfaction that person can get by serving the needy is the best reward and motivation.

 

 

 

 

Challenges of Corruption

Challenges of Corruption

This article deals with topic titled ‘Challenges of Corruption.’ This is part of our series on ‘Ethics’  . For more articles , you can click here

 

Introduction

  • According to World Bank: Corruption is use of public authority for private gain.
  • (Transparency International – Misuse of entrusted power for private gain (wider definition covering both private and public sector)
  • India is ranked 78  in Corruption Perception Index prepared by Transparency International (Jan 2019)
  • There is also supply side of corruption . Eg  Crony Capitalism (ie nexus between Politico-Administrative Class & Business group). There is danger of state becoming Banana Republic (corporate driven state) if it is continued to go on
  • Corruption is an important manifestation of the failure of ethics.

 

 

Corruption can acquire various forms

Bribe It is the payment offered by a citizen either voluntarily or on demand to a public servant to perform his official duties in his favour , despite the fact that the public servant is paid salary for his duty
Extortion Practice of obtaining something, especially money, through force or threats.
Rent Seeking Use of the resources of  organization to obtain economic gain from others without reciprocating any benefits to society through wealth creation.
Nepotism Practice among those with power or influence of favoring relatives or friends
Clientalism & Patronage Client giving political or financial support to a patron (as in the form of votes) in exchange for some special privilege or benefit
Embezzlement It is theft of public funds and resources or causing loss to Public Exchequer.
Fraud

In India, corruption has become habit. There is tolerance for corruption in India. People now don’t consider it unethical. Hence, we need both values and institutional support to change situation.

 

 

Reasons of high corruption in India

Moral Issues
  • Penetration of greed and materialism in society
  • Lack of moral values like honesty, integrity

 

Administrative & Legal  Issues
  • Complex laws and procedures
  • Acts & policies made in our country are such that they leave lot of discretion for Civil Servants.
  • Colonial Legacy of unchallenged authority with no checks
  • Enormous asymmetry of Power
  • Lack of accountability and Transparency
  • Lack of Independent investigation agency: India has no independent investigation agency . Existing agencies like CBI  is  named by the SC as caged parrot .

 

Political Causes Political Pressures on Bureaucrats to indulge in corruption

 

Type of Indian Society India being Soft Society : soft state is one which doesn’t have the political will to enact the laws necessary for its progress and development and / or not posses the political will to implement the laws , even when made .

 

Other
  • Lack of protection to honest officers (Weak Whistle-blower Act)
  • Security of tenure for civil services.

 

Cost of Corruption

  • Corruption in developing countries like India hurt more because money earned via corruption goes out of country in safe havens and not reinvested in country (Flight of capital)
  • Harm to public perception towards government
  • Increases poverty : Corruption is anti poor . Take example of PDS & other welfare schemes  where money meant to reach poor are siphoned out  .
  • Destroys the moral fibre of society . People develop perception that anything that enhances your self interest is fine
  • Quality of policy making reduces
  • Destroys image of country in world : lower ranking given by Transparency International

 

Mehbub ul Haq on Corruption in South Asia

Mehbub ul Haq set out the ill effects of corruption in South Asian Developing Countries like ours 

    1. Corruption in South Asia occurs upstream (at top level) & not downstream . Corruption at the top distorts fundamental decisions about development priorities
    2. Corruption money in South Asia has wings and not wheels => money smuggled out to safe havens .
    3. Corruption in South Asia often leads to promotion and not prison. The big fish – unless they belong to opposition rarely fry .
    4. Corruption in South Asia occurs with 515 million people in poverty , not with per capita incomes above 20,000 $ .

 

 

Types of Bribery 

There are two kinds of Bribery prevalent in India

Coercive Bribery
  • Bribe giver is a victim of extortion
  • Compelled to pay for a simple service, because if he doesn’t pay, he ends up losing much more than the bribe.

 

Collusive Bribery
  • Bribe-giver and bribe-taker together fleece society
  • Bribe giver is as guilty or even more guilty than the bribe-taker.
  • These are cases of
        • execution of substandard works,
        • distortion of competition,
        • commissions in public procurement,
        • tax evasion by collusion, etc

 

Even though the general conviction rate in cases of corruption is low, it is observed that the rate of conviction in cases of coercive corruption is more than in collusive corruption.

 

Combating Corruption

Moral & Value based interventions
  • Inculcation of values of honesty, integrity , impartiality etc
  • Code of Ethics for Civil Servants should be made
Administrative Interventions
  • Simplification of Administrative procedures and laws
  • Increasing transparency and accountability in administration
  • Use e-governance : e-tendering etc

 

Legal Measures Making laws more stringent

  • Strengthen Whistle Blower Act
  • RTI Act should be strengthened
  • False Claims Act (USA) – If you think that there is wrongdoing in some organisation, gather evidences & produce it before court. If fine is imposed on that organisation , some portion of money from that fine will be given to litigant .

 

Civil Service Reforms
  • Security of tenure of civil servant
  • Making promotions and transfers more transparent and objective .

 

Strengthening Institutions
  • Strengthening of CVC, Lokpal and Lokayuktas
        • Increasing their autonomy
        • Increasing their powers
  • Strengthening of justice system for speedy decision making

 

Social Interventions Society must be made more sensitive to corrupt practices. Peer pressure against corrupt people can be used to disincentivise corruption

 

Singapore Model : Civil Servants are very highly paid after administrative reforms undertaken by Lee Kuan Yew which decreased corruption there . This can be adopted in India too

 

 

Evolution of Anti – Corruption Laws in India

Before Independence
  • Indian Penal Code (IPC) Sections 161 to 165  dealt with corruption
  • At that time the need for a special law to deal with corruption was not felt.
2nd World War & Aftermath
  • Second World War created shortages led to large scale corruption.
  • Situation continued even after the war=> Prevention of Corruption Act, 1947 was enacted .
Why present Amendments
  • Bring it in line with UNCAC (UN convention against Corruption) .
  • Bill incorporates the recommendations given by Law Commission

 

 

Analysis of Prevention of Corruption Act

 

  • It seeks to punish bribe givers as well as bribe takers

 

  • Protection to Public Servant
      • Police Officer cant begin probe without prior approval of relevant authority  (except when caught red handed)
Favour Earlier limited to  joint secretaries and above and  was struck down by SC . This universal inclusion will provide protection to all honest officials
Against Prior sanction requirement already exists for prosecution, => incorrect to create  another layer of protection

 

  • Sanction for prosecution of Officials
      • Sanction needed for prosecuting serving as well as former officials for offences done while in office

(Earlier sanction was required for Serving Officers only)

 

  • Giving Bribe is offence
      • Giving bribe is also made a punishable offence (Earlier just taking bribe was offence)
        • Punishable by 7 years prison
        • Except when one is forced to give bribe and  reported it within 7 days.

 

  • Distinction made between  collusive bribe givers and coerced bribe givers
        • Coerced : If person is coerced to give bribe, he can report it to the enforcement authorities within 7 days.
        • Collusive : No such exception
Favour Empower the public to make complaint in case of Coercive Corruption without fear of prosecution
Against Anti-corruption law has been brought in line with the UN Convention Against Corruption.

 

  • Redefined the Criminal Misconduct
        • Criminal misconduct covers only two types of offences ie Misappropriation of property entrusted to public servant and intentionally enriching oneself illicitly.

(Earlier there were 5 kinds)

Favour
  • Will help Public Officials to take bold decisions in policy making without fear

 

Against
  • Amended law would protect honest officers (and that is laudable), but the flip side is that many dishonest ones would slip through the cracks because of it.

 

  • Trial Time Line = Speedy Justice
        • Guidelines will be setup to resolve cases within 2 years . In case of delay, reason has to be stated every 6 months
        • Total time period cant exceed 4 years in any case

 

  • Forfeiture of property
        • Section introduced for Special Court to attach and confiscate property

Analysis : This helps to avoid a fresh procedure to confiscate property obtained through corruption

 

 

Whistle Blowing

  • Whistle blowing is the act of disclosing information by an employee or stakeholder on illegal or unethical conduct of an organisation.
  • Whistle-blowers can help Public servants who work in a department know more about unethical practices going on in the organization. But they don’t come forward due to fear of reprisal. If  protection is granted, it can help to get substantial information about corruption.
  • Whistle-blowing  came in lexicon post Watergate Scandal in US . After that Whistle-blowing was not only encouraged but considered as ethical duty on part of citizens
  • India is also a signatory to the UN Convention against Corruption, which includes provisions for protecting whistle blowers.

 

In India

Two most important cases of Whistle-blowing in India

Manjunath Shanmugam
  • working with Indian Oil Corporation (IOC) | graduate of the IIM, Lucknow.
  • Whistle-blowing on adulteration by the petrol pump owners.
  • He was shot dead in 2005
Satyendra Dubey
  • National Highways Authority of India (NHAI), exposed the rampant corruption in construction
  • Found dead on 27th November, 2003.

 

 

 

Types of Whistle-blowing

Internal
  • Raising voice within organisation
  • Presenting wrongdoing to Internal Ombudsman
External Leak of information in public domain

 

 

 

Different Ethical Dilemmas of Whistleblower

First Dilemma : Loyalty to Organisation vs Public Interest

  • Should be loyal to Organisation ordinarily but when issue involves  people’s lives like corruption in defence procurement; toxic leaks from a chemical factory etc, Whistleblowing becomes duty
  • An individual may be an employee but he is also a citizen  and member of society

 

Second Dilemma : Personal Safety vs Larger Public interest

  • Whistleblowing can lead to departmental victimisation  or  threat to life and property
  •  eg : Satyendra Dubey and Manjunath Shanmugam were murdered

 

Third Dilemma : Whether to go for Internal Whistle blowing or External Whistle-blowing

 

 

 

Features of good Whistle-blowing

  • Intention should be larger public interest
  • It should be adopted as last resort
  • Whistle-blowing should be backed by objective evidences
  • Right to privacy of anyone shouldn’t be hampered

 

Case Study

Rameshwar successfully cleared the prestigious civil services examination and was excited about the opportunity that he would get through the civil services to serve the country. However, soon after joining the services, he realized that things are not as rosy as he had imagined.

 

He found a number of malpractices prevailing in the department assigned to him. For example, funds under various schemes and grants were being misappropriated. The official facilities were frequently being used for personal needs by the officers and staff. After some time, he noticed that the process of recruiting the staff was also not up to the mark. Prospective candidates were required to write an examination in which a lot of cheating was going on. Some candidates were provided external help in the examination. Rameshwar brought these incidents to the notice of his seniors. However, he was advised to keep his eyes, ears and mouth shut and ignore all these things which were taking place with the connivance of the higher-ups. Rameshwar felt highly disillusioned and uncomfortable. He comes to you seeking your advice.

 

 

Indicate various options that you think are available in this situation. How would you help him to evaluate these options and choose the most appropriate path to be adopted? 250 words.

Case study presents dilemma that whether my friend becomes a mute spectator to all wrongdoings happening in Department which are jeopardizing the public interest or act against the wrong doings even if his personal security is threatened .

 

Accept the orders and do nothing

Merit
  • Safety of career and no personal harm
Demerit
  • Dissonance which can result in depression
  • Against value of Public Service

 

 

Resignation or getting transfer

Merit
  • He will not be part of wrong doing and hence there will be no burden on his conscience
Demerit
  • Running from duty
  • Although honest but shows lack of courage and fortitude

 

 

Leak of information to public domain anonymously

Merit Will check the wrong doing
Demerit Will tarnish image of organisation. Should have exhausted all other options before whistle-blowing

 

 

Collecting the evidences, informing the Internal Ombudsman and if nothing happens blow the Whistle

Merit
  • Will end wrong doing
  • In line with procedure because after exhausting all options to redress the problem, he has no other option than to blow whistle to protect public interest
  • Objective evidences will ensure that his case looks legitimate
  • In line with the values of public service, courage and selflessness
Demerit

 

In any case, I will advise my friend to raise the voice against wrong doings and don’t be a mute spectator . But at the same time, I will advise him, before going outside organisation to stop wrongdoing , he must exhaust all internal redressal mechanism because he is part of that organisation and has duty of loyalty towards organisation too. If after exhausting all mechanisms, issue is not addressed than he has higher duty towards humanity and public at large and blow the whistle .

 

 

 

Attitude

Attitude

This article deals with the topic titled ‘Attitude.’ This is part of our series on ‘Ethics’. For more articles, you can click here.


Attitude: Meaning & Types

  • Attitudes are learned enduring predispositions to respond consistently either in favourable or unfavourable manners towards objects, events and persons.  
  • In entrance exams, interviews are specifically designed to check the attitude of a person.  
  • Attitudes can be positive or negative
    • Positive Attitudes includes Optimism, Tolerance etc.
    • Negative Attitudes includes Pessimism, Intolerance etc.
Attitude
  • Studying attitude is important because it shapes people’s perceptions of the social and physical world and influence their behaviour.

Why Studying Attitude is important for Civil Servant?

The main point for the Administrator is how to change the attitude of people. Following examples will help you to appreciate this fact

  1. Swachh Bharat Scheme: Even if the government helps the common people in building latrine via the Swatch Bharat Scheme, people use it as a storage room instead of a latrine. Hence, just pouring money can’t help. There is a need to change the attitude of people.
  2. Mid Day Meal: If a school employs a cook of lower caste to prepare food to be distributed under Mid Day Meal Scheme, people belonging to higher caste stop sending their children to school.
  3. Immunization Scheme: In countries such as Pakistan and Afghanistan, people don’t immunize their children thinking it to be an American scheme to make them infertile. 
  4. Temple Entry: Women aren’t allowed to enter the temple based on the Purity – Pollution Concept.

Characteristics of attitudes

  • Attitudes are abstract constructs, not something we can directly observe.
  • Attitudes are enduring
  • Attitude reflects the readiness for a response. 
  • Attitudes are acquired and learned
  • Attitudes are held because they perform some function for the holder.
  • Attitudes change with experiences and knowledge.
  • Attitudes are subjective experiences.
  • Attitudes conform to the principle of consistency. 
  • Attitudes may involve individual or group.
  • Attitudes are evaluative judgements.
  • Attitudes can be expressed verbally or non-verbally. 


From where does attitude come?

Attitude is the product of Genetics and Socialization (Environmental) factors

Attitude for UPSC

Models to Study Attitude

There are three broad ways for analysis of Attitude

  1. Structure of Attitude
  2. Function of Attitude
  3. Formation of Attitude

Model 1: Structure of Attitude – CAB/ABC Model

Attitude towards a particular object is formed by three components i.e. Affective, Behavioural & Cognitive

C: Cognitive / Belief

  • The cognitive Component is based on ideas, belief and opinion (knowledge).  
  • It has to be noted that belief can be factually correct or incorrect 
  • Examples: Tiger can eat human beings.

A: Affective / Emotional

  • Affective Component consists of emotions and feelings of attitude holder towards the attitude object. 
  • Examples: I am scared of tigers.

B: Behavioural / Action Based

  • The behavioural component is related to Action. It reflects the behavioural readiness of the attitude holder i.e. how a person tends to act/behave regarding the stimulus.  
  • It is in line with Self Perception Theory which states that people don’t have access to their opinions about different objects, and sometimes infer their attitudes by thinking about how they have behaved to objects in the past.
  • Example: I will scream and run away when I see a tiger.

Attitude = Combination of Cognitive, Affective and Behavioural components

CAB Model

Criticism of CAB Model

  • This model is not validated by empirical research as clear distinctions between thoughts, emotions, and behaviour cannot be established.
  • This model shows a large number of inconsistencies. For example, despite having a negative attitude towards people from some caste, our behaviour is mostly driven by the situation.

Model 2: Functions of Attitude

Instead of trying to think about the attitude in the very abstract way explained above, it is beneficial to study in terms of the functions they serve.

2.1 Need / Want Satisfaction Function

  • Some attitudes are held by the attitude holder because they help in satisfying their needs and wants. 
Need Satisfaction Function
  • These attitudes are termed as
    • Adjustive: As they help us in adjusting to life situations.
    • Utilitarian: A person will form this type of attitude to maximise reward & minimise punishment. 
  • The person will hold some attitude only till that attitude is helping the person to satisfy his needs.  
  • Hence, Attitudes serving Need or Want Function will change when 
    • Individual’s needs are changed. 
    • The individual is convinced that new attitudes that are suggested to him can meet his existing needs better (this can be used in case studies of convincing people with old ideology to change their attitude. Eg: Village elders stopping girls from going to school).

2.2 Knowledge

  • Attitude helps the Attitude holders to organize and interpret diverse sets of information.  
  • In simple words, when for the first time we see a person with a particular attitude doing particular work, we make a picture in our mind that another person showing a similar attitude will do the same work & create generalization (or stereotyping).
Knowledge Function of Attitude
  • Knowledge function doesn’t provide us with a factually truthful picture of the world, in fact, it provides a picture that is meaningful and understandable.
  • Such attitudes are likely to change in situations when due to the addition of certain facts or experiences, it becomes difficult for the attitude holder to continue with his existing attitude

2.3 Ego Defensive

  • Attitudes help to prevent us from guilt feeling by holding attitudes that enhance our self-esteem and defend us against the arrows of life
  • It is also known as ‘Scape-Goat View’ as Scapegoating helps us to release pent up feelings and emotions.
Ego Defensive of Attitude
  • Ego Defensive attitudes are difficult to change as they result from the inadequacies in the individual’s personality rather than the attitude object (all other functions are wrt Attitude object).  Thus merely providing the individual with counter attitudinal information is not sufficient. Therefore the need is to provide an environment where the individual feels truly valued & manifests readiness to lower his defences.   

Other examples of Ego-Defensive Attitudes

  • America is one of the largest Green House Gas emitters in the world. Their industrialists/academicians are in ‘climate denial mode’- by arguing that global warming is a fictional theory.  

2.4 Ego Expressive

  • Ego Expressive attitudes help a person to establish his identity & convey the kind of person he is.
  • Eg: Gandhi switched to Khadi from Coat-Pant to express his value of SELF RELIANCE & SIMPLE LIVING.
  • Value expressive attitudes, therefore, helps us in the exercise of expression management.
  • Like Ego Defensive Attitudes, they are difficult to change as they are deeply entrenched in the individuals’ personality.
  • Change may however occur if 
    1. Individual’s values have changed 
    2. A person is convinced that the attitudes that are suggested to him will express his underlying values better. 

Model 3: Attitude Formation

  • Attitude is formed by ‘stimuli’ – it can be internal or external.
  • Application to learn how Attitudes are formed is that we can use the same to change Attitude as well.

3.1 Pavlovian/ Classical Conditioning

  • A learning process occurs when two stimuli are repeatedly paired: a response that is at first elicited by the second stimulus is eventually elicited by the first stimulus alone.
  • It was first discovered by Igor Pavlov in his dog, bell & food experiment. Hence, it is also known as Pavlovian Conditioning.
  • In humans, it can be used to create phobias. This was shown by Watson and Rayner in their Experiment on Albert (1920).
    • Albert (9-month-old infant) was shown a rat, a rabbit, a monkey and various masks and Albert remained unemotional. But if a hammer was struck against a steel bar, sudden loud noise would make him burst into tears.
    • In the experiment, he was shown a rat and simultaneously the hammer was struck against the steel bar. This was repeated.
    • After that, when he was just shown rat he started to cry. 
Pavlovian Conditioning
Watson and Rayner Experiment
  • ApplicationCreation of Phobias to change attitude (Cut Challan for not wearing a helmet with full strictness. Gradually person will start to equate not wearing a helmet with Challan (Operant Conditioning is also at work here)).

3.2 Operant Conditioning

  • Related to Reward and Punishment 
    • If certain behaviour leads to a positive outcome or reward, the attitude related to that behaviour will be strengthened. 
    • If certain behaviour leads to a negative outcome or punishment, the attitude related to that behaviour will be suppressed.
Operant Conditioning
  • Application 
    • If a person is doing wrong things, punish him and he will form a negative attitude towards that.
    • If a person is doing good work, reward him/her and he/she will form a positive attitude towards that.

3.3 Observational / Social learning

A person forms attitude by watching other people around them or people they admire. 

Family

  • Children observe the attitude of their parents and most of the times their attitude is conformant with that of their parents. 
  • If parents follow the caste system, children will follow too.

Media

  • Whatever one sees on TV & other social media, there is a high likelihood that person will try it in his life.
Observational Learning in Attitude Formation

3.4 Direct personal experience

  • Direct Personal Experiences have a huge impact on the formation of attitudes towards that thing.
  • One might have heard negatives about Pakistanis throughout his life. But if his direct encounter with them even for an hour is good, that will have an overpowering influence on the person.

It should be noted that Attitude formation or learning is a lifelong process, as it is based on experiences we gather or the lessons we learn from people around us.


Agencies of Attitude Formation

Agencies of Attitude Formation
Agencies of Attitude Formation

Factors influencing Behaviour – Attitude Link

The attitude and Behaviour link is not so simple. Many times, a person doesn’t act according to the attitude he holds. Attitude – Behaviour link can be seen in the following ways:-

Attitude Relevance

  • The greater is the vested interest, the stronger would be Attitude-Behaviour link.

Attitude Strength

  • The stronger is the attitude held, the more consistent the would be Attitude-Behaviour link. 
  • Strength will be high when
    1. If attitude is formed by direct experience.  
    2. If one is expecting a favourable outcome. 
    3. If attitude is formed because of his vested interests.  

Attitude Specificity

  • Specificity here means how specific an attitude do we have towards something. Having hazy or multiple attitudes towards something reduces their specificity. For example, political attitude towards an issue can be fuzzy and change according to the group that we are in.

Attitude Accessibility

  • The more accessible are the Attitudes, the more likely it is that they will dominate our consciousness. 
  • Those attitudes which are expressed more frequently are more accessible. 

Social /External pressure

  • We are less likely to display our true attitudes if we believe that others hold a different attitude regarding the same object and we have high regard for those others. 
  • Bandwagon Effect: When people do something primarily because other people are doing it. It is seen commonly in political and consumer behaviour. 
  • Peer Pressure: You might be against Caste System but still marry in your caste because of peer pressure. 
  • Bottom line: Relation between attitude and behaviour is not straightforward. “Social influence / peer-pressure” matters and it can force a person to behave differently from his Attitude.

Congruence

  • Congruence refers to the consistency among different components of our attitude. If the knowledge component and affective component are inconsistent then our behaviour would depend more on the situation than on attitude per se.

Direct Experience

  • Attitudes based on direct experience are more strongly held and influence behaviour more than attitudes formed indirectly (for example, through hear-say, reading or watching television).

La Pierre Case Study (1934)

  • Aim: To investigate the relationship between attitudes and behaviour.
  • Method: La-Pierre travelled around American hotels with a Chinese couple, expecting to meet discriminatory behaviour, because of anti-Chinese feeling prevailing at that time. At the time prejudice against Asians was widespread and there were no laws against racial discrimination. They visited 67 hotels and 184 restaurants. Six months later, after their return, all the establishments they had visited were sent a letter, asking whether they would accept Chinese guests.
  • Results: While visiting hotels personally, they were refused at only one of the establishments they visited, and were generally treated very politely. But while responding to the letter, of the 128 establishments which responded to the letter, 91% said they were not willing to accept Chinese guests.
  • Conclusion: Attitudes do not always predict behaviour. Cognitive and affective components of attitudes are not necessarily expressed in behaviour. Thus, La-Pierre’s study shows that the cognitive and affective components of attitudes (e.g. disliking Chinese people) do not necessarily reflect in their actual behaviour (e.g. serving them).

Behaviour-Attitude mismatch and its use  in Governance

  • There are many instances where we don’t behave in accordance with our attitude  
  • In Administration too, this has utility. The reason is, changing Attitude is a time-consuming process. Hence, as a first measure, the Administrator must change behaviour.

Cognitive Dissonance

  • Cognitive Dissonance is the situation of intense psychological stress due to conflict or inconsistency in feelings, beliefs and behaviour (the three components of attitude).
  • For example: When people smoke (behaviour) and are aware that smoking causes cancer (cognition), they are in a state of cognitive dissonance.
  • The principle of Cognitive consistency states that human beings have an inner drive to hold their attitudes and behaviour in harmony and avoid disharmony. So, when there is an inconsistency between attitude and behaviour, something must change to eliminate the dissonance. Hence, a person will adopt one of the following ways to deal with this
    1. An individual can change or eliminate inconsistent behaviour. E.g.- giving up smoking.
    2. Acquire new information that outweighs the dissonant beliefs. For e.g. new information such as “research has not proved definitely that smoking causes lung cancer”.
    3. Reduce the importance of the cognitions (i.e. beliefs, attitudes). For e.g. a person could convince himself that it is better to “live for today” than to “save for tomorrow”, thus decreasing the importance of the dissonant cognition.


Stereotypes, Prejudices & Discriminations

Stereotypes and Prejudices are special types of Cognitive Component of Attitude and Attitude respectively. 

Stereotypes

  • A stereotype is the cognitive component of Attitude but with some special characteristics 
    • It is rigid. 
    • It overlooks individual differences (it is held towards a group).
    • It is irrational.
    • It represents a case of OVER-GENERALIZATION.
  • Note: Stereotypes can be negative as well as positive 

Examples

  • Indians are IT Programmers (Stereotype held by Americans towards Indians).
  • Jains are traders.
  • Gujaratis are business-minded.
  • Punjabis are party lovers.

Prejudice

  • Prejudice is an irrational negative inter-group attitude.
  • It has the same three components but with special (and negative) characteristics. 
    1. Cognitive/ Belief: But Belief, in this case, is replaced by a ‘Negative’ Stereotype. 
    2. Affective / Emotion: The emotion component is negative like hate, dislike etc.  
    3. Behaviour / Action: Desire to harm or destroy. 
  • Eg: I dislike (attitude towards an object) Africans (attitude object) because they are drug dealers. 

Discrimination

  • If that prejudice is guiding your behaviour.
  • E.g.: Refusing to rent the house to an African in the society.

Implicit and Explicit Prejudice

Explicit Prejudice

  • These are visible prejudices.
  • Example: Untouchability against so-called lower castes in Indian society.

Implicit Prejudice

  • When society develops, explicit prejudices start to decline. But they are not eradicated and are present in psychology. 
  • Eg: Slavery has been banned in the US. But this doesn’t mean that White men think about Blacks in the same way as other Whites. 

In India, prejudices such as caste prejudice and discrimination due to such prejudices are more frequent and strong because

  • Legitimising discrimination through history, folklore and perception. Eg: Legitimising the Caste system through shastras and exploitation of lower caste people. 
  • Separate settlements result in a lack of intergroup contact and communication.
  • Multiple groups compete for the same limited resources. Hence, a socio-economically powerful group brandishes others as incompetent.

Corporate Governance

Corporate Governance

This article deals with the topic titled ‘Corporate Governance.’ This is part of our series on ‘Ethics’. For more articles, you can click here.


Concept of Corporate Governance

What do we mean by Corporate?

The concept of Corporate Governance
Corporate Governance

Any Organization, whether public or private, which has a separate legal entity. For example

  • Reliance Jio, BSNL etc. are corporations => If a person registers a case against them, it will be against this organization only (like Name of Person vs BSNL).
  • But the Department of Communication or MEITY is not included in this because it has no separate legal entity. If a person registers a case against MEITY, the case will be against the Government of India.  

What do we mean by Corporate Governance?

  • Corporate Governance is the set of systems and processes to ensure that the company is governed in the best interests of all stakeholders (shareholders, employees, customers, society etc.)
  • The concept of Corporate Governance is associated with gains that can accrue from following a moral path. It means Ethical Governance. Every Corporation should function in such a way that along with its own development and growth, it should ensure the development of its employees, shareholders, customers, society, nation and world.

What do we mean by Corporate Social Responsibility? 

  • Corporate Social Responsibility (CSR) is the moral responsibility of any organization (whether private or public) to positively impact the society in which it exists.

The world started to become aware of Corporate Social Responsibility and Corporate Governance with the start of LPG in the 1980s (because a large number of private entities came into sectors where earlier only the government was involved, and obviously, their main aim was maximization of profits).  


Main thing through which Corporate Governance is ensured

  • The main principle on which Corporate Governance works is the SEPARATION OF OWNERSHIP AND CONTROL. If such a separation exists, both will have checks and balances on each other. Hence, to ensure Corporate Governance, the company is owned by the Shareholders but controlled by Directors. 
Corporate Governance
  • If those who own the company and those who manage them are the same, all their actions and decisions will likely be governed by the motive of maximizing their profits, even at the cost of other stakeholders.

Types of Corporate Governance

There are two Models

Anglo Saxon Type

  • It is found in those countries where the influence of the rule of law is strong. 
  • It only focuses on the interest of shareholders (only)
  • Its impact is mainly seen in countries like Britain and USA   

Continental Type

  • It is found in those countries where the influence of administrative law is more
  • E.g., France and Germany 
  • In this, more emphasis is laid on the interests of shareholders, customers and employees. 

Principles of Corporate Governance in India

 Corporate Governance includes the following principles:-

  1. Independence of the board of directors to take decisions in the best interest of Profits of the company, People of the society and the Planet (3Ps).
  2. Fairness in actions in the market
  3. The corporation shouldn’t indulge in excessive profit-seeking behaviour through fraud practices. 
  4. Business should be carried out in a socially responsible manner. Companies should invest in building social and human capital.

Example of Corporations indulging in Fraudulent Activities

Condition of Corporate Governance in India

1. Bhopal Gas Tragedy

  • The Bhopal Gas showed that India lacks a regulatory and legal framework even for dangerous industries. 

2. Satyam Computer

  • Satyam Computer owner Ramalingham Raju indulged in creative accounting to show higher profits. He transferred the company’s funds to an individual account.  

3. Sahara Fraud

Sahara gathered funds from the sharemarket and transferred the funds to a private account.  


4. Nirav Modi Scam and Punjab National Bank

  • Nirav Modi gathered Rs 14,000 crore of money from Punjab National Bank using fraudulent means by colluding with the bank officials.

5. Volkswagen

  • Volkswagen tweaked the vehicle software in such a way that they could dodge the Environmental Protection Agency about their emission standards.

Why do we need Corporate Governance in India?

  • Liberalization and de-regulation the world over have given greater freedom to management. The greater freedom demands even greater responsibilities.
  • Intense Competition: Players in the field are many. Competition brings in its wake weakness in standards of reporting and accountability.
  • Inadequate monitoring and response failure by regulatory authorities: The enforcement machinery has not been strengthened with the same speed with which regulatory changes have been brought in. As a result, the oversight by regulators remains weak.
  • Market conditions are increasingly becoming complex in light of global developments like WTO, the removal of barriers & reduction in duties. 
  • Failure of corporations due to lack of transparency & disclosures and instances of falsification of accounts (embezzlement). For example, it was witnessed in Satyam Computer, Franklin Templeton (India) and Sun Pharma Ltd. cases.
  • The absence of Corporate Governance leads to fraud, mismanagement, embezzlement and harm to society & environment.
  • Sustainable growth: Corporations following corporate governance witness sustainable growth. E.g. Tata Group of companies ​continues to be one of the biggest conglomerates even after 150 years of its ​existence as it followed the principles of corporate governance.
  • To improve the functioning of the boards: Good corporate Governance curtails nepotism and favouritism and thereby helps fill the capability gap in the organizations.

Issues with Corporate Governance in India

According to various committees such as Kotak Committee and Narayan Murthy Committee, Indian corporations face the following Corporate Governance issues.   

  • Creative Accounting: Indian corporations such as Satyam Computers indulged in Creative Accounting, leading to their eventual downfall.
  • Insider trading: For example, Aptech India ltd
  • Nepotism in board appointments: The board members are relatives or known ones.
  • Independent directors have either played a passive role or can be removed easily if they don’t side with promoters. Hence, Independent Directors aren’t independent enough. Moreover, recent experiences like ILF&S and DHFL showed that independent directors are not fulfilling their roles and responsibilities.
  • Executive Compensation policies are not transparent.  
  • Family-owned Indian companies have excessive controls and poor succession planning. 
  • Lack of serious efforts by the board toward Corporate Social Responsibility (CSR) projects. 
  • Corporate Fraud: Corporate frauds are happening as the main motive of the corporations is profit maximization.
  • Lack of Diversity: Corporate boards lack diversity. The representation of other genders on the boards is nominal.
  • Lack of transparency and disclosure.

Areas of Importance within Corporate Governance include

  • Independent Directors: Independent Directors are the directors who aren’t involved in day-to-day activities but primarily attend board meetings. They protect the interests of Minority Shareholders. The number of independent directors is set to a minimum of one-third of the board strength, and they are required to hold at least one separate meeting in a year without the participation of non-independent directors.
  • Remuneration Committee: Established to avoid directors setting their own remuneration levels high (a check on directors) 
  • Audit Committee: Acts as an interface between the Board of Directors and the External Auditors. It is made up of Independent Directors.
  • Public oversight: This gives the public an insight into the company (e.g. via Public open day). Since the public can be affected by the company’s decisions and are important stakeholders, hence they have the right to know what is happening inside the company.  
  • Other Areas of Importance
    • Code of Conduct and Code of Ethics should be inculcated in employees.
    • There should be a strong Whistleblowers Policy
    • There should be a Corporate Social Responsibility Policy. 


Steps taken till now to strengthen Corporate Governance

Timeline of Corporate Governance in India

Narayan Murthy Committee Recommendations 

  • 1/3rd to 1/2rd of the Total Directors of the Company should be Independent Directors.
  • Auditing the accounts of Big Corporations should be done under the vigil eye of CAG & Indian Auditing Services. 
  • Whistleblowers Protection Act should be applicable to both public and private sectors. 

The above recommendations have not been implemented in the true sense. Although Whistleblower’s Act has been formed, it has many lacunae.


Kotak Committee Recommendations

  • There should be at least 6 Independent Directors in the top 500 companies (earlier 3).
  • At least 50% of Directors should be  Independent Directors.
  • No board meeting can be conducted without the presence of an independent ​director.
  • At least 1 Independent Director should be a woman.
  • Board of Directors Meeting should be held 5 times (earlier 4) in which one meeting should be exclusively dedicated to Corporate Governance. 
  • All the Independent Directors in the Board of Directors should be compulsorily present in the meetings.
  • For government companies, it is recommended that the board have the final say on the ​appointment of independent directors and not the nodal ministry. 
  • Reporting System should be of ‘Matrix Type‘.
  • Permission of Minority shareholders should be necessary in case payments to related parties exceed 2% of revenue. 
  • Disclosures of Auditor Credentials and Audit Fees should be mandatory.
  • Market Regulator (SEBI) should be strengthened to improve corporate governance. ​SEBI should have the power to act against auditors if the need arises.


Benefits of Corporate Governance

  • Reduced risks of corporate scandals and frauds
  • Ensures adequate disclosure & transparency in business transactions
  • Leads to statutory & legal compliance
  • Protection of shareholder interests 
  • Improves strategic thinking at the top by inducting independent directors who bring a wealth of experience, and a host of new ideas


Corporate Social Responsibility

Corporate Social Responsibility can be explained as

  • Corporate: Meaning ‘Organized Business
  • Social: Meaning ‘Dealing with People’ 
  • Responsibility: Meaning ‘accountability between the two’

Corporate Social Responsibility is the moral responsibility of any corporation(whether public or private) to positively impact the society in which it exists.


Corporate Social Responsibility vs Corporate Governance

Corporate Governance Corporate Social Responsibility
Apart from Society, it also focuses on Customers, Employees and Shareholders. Hence, it has a relatively larger scope  It focuses on Social Interests only. Hence, it has a relatively narrow scope 
It is expected from all Corporations, whether small or large (size doesn’t matter) It is expected mainly from comparatively larger Corporations. (Although any company can do it, but it is expected from larger companies only).
More regulatory and legal efforts are required to implement it. Comparatively, fewer regulatory and legal efforts are required. It can also be implemented on a moral basis. 

Basis /Reason /Rationale for CSR

  • Corporations utilize the resources of society – both human & natural. So they have the responsibility to pay back to the community. 
  • Corporate plants create negative externalities in the form of pollution. To compensate for negative externalities, the government can force them to work in the interest of society. 
  • Triple Bottom Line Principle of CSR: ‘Triple Bottom Line’ (TBL, or 3BL) means that Corporations should work for the ‘people, planet and profit’. 
    1. Planet: The actions of corporations shouldn’t impact the planet negatively. 
    2. People: Corporations should work to improve the lives of local communities. 
    3. Profit: The corporations have the full right to increase their profit.
Profit 
Sustainability 
cople 
Planet
  • Creates a favourable image of the company, which attracts customers. The reputation & brand equity of companies demonstrating their social responsibilities is very high. E.g.: Tata Corporation. 

Case Study: Patagonia

  • Patagonia is a garment company based in California.
  • The company follows the triple Bottom Line Principle in letter and spirit.
    1. Planet: The company uses environment-friendly materials like organic cotton and recycled polyester.
    2. People: The company do a large charity and persuades its customers to donate their used products.
    3. Profit: The company is least interested in greater profits, and the owner donated his whole wealth to charity (around $ 3 billion) to fund the research to combat climate change.

The provision in the Companies Act regarding CSR

  • Companies will have to spend 2% of their last three years’ average profit on social development-related activities like education, health, slum development etc.
  • CSR rule applies only to companies having annual turnover above Rs 1000 crore and net profit of Rs 5 crore
  • Companies have to set up a CSR Committee of 3 Board Directors.

Issues with CSR in India

  • Less Importance to CSR: Most companies have not looked at their CSR strategies through the same lens as their core business functions.
  • Lack of clarity about regulations as government changes the provision each passing month.
  • Imbalance in CSR spending: Most of the CSR funds are spent on a handful of activities like education and health
  • Geographic equity: Five states, i.e. Maharashtra, Gujarat, Andhra Pradesh, Rajasthan, and Tamil Nadu, accounting for well over one-quarter of all CSR funding. Towards the bottom of the list are Nagaland, Mizoram, Tripura, Sikkim and Meghalaya-all from North-East. 
  • A large number of shell NGOs have come up which take up money from companies but don’t spend on targeted projects. 
  • Since there is no standardised way to measure the impact of CSR spending, companies can’t make informed choices.   

Administrative Reform Commission’s (ARC) Recommendation on CORPORATE PHILANTHROPY

  • When a corporate entity takes up a community benefit project, there should be some mutual consultation between the company and the local government so that there is no unnecessary overlap with other similar development programs in the area. 
  • The government should act as a facilitator and create an environment that encourages businesses and industry to take up projects and activities that are likely to impact the quality of life of the local community.

Women Movements

Women Movements 

In this article , we will  deal with topic titled ‘Women Movements’

 

Immediately after two decades of independence, the overall feelings with respect to women’s issues were concerned with required legislative reforms. Many acts were passed to translate namesake equality into true spirits, like special Marriage Act 1954, the Hindu Marriage Act (1956), Inter State Succession Act (1956) and Dowry Prohibition Act 1961 were enacted.

 

There were three prominent women organization, which were still working for the women’s cause

    • All India women’s conference (AIWC)
    • National Federation of Indian women (1954)
    • All India Democratic Women’s Association (AIDWA since 1981)

Neither of them had direct political affiliations, but AIWC is known to have close links with Congress, the NFIW with the CPI and AIDWA with CPM.

 

Mid 1970’s were watershed years in Indian Politics. Series of locally organised &  intense popular struggle broke out. Eg,

    • United women’s Anti Price Rise Front, which turned into a mass movement of women for consumer protection
    • Chipko Movement for environment protection
    • Bodhgaya movement for women’s land rights.
    • Nationwide protest were organised around specific incident like the Mathura Rape Case (1978), Jessica Lal Murder case, the latest ones were Nirbhaya Case Delhi (2012).
  • There is growing demand for women’s safety, dignity, employment, and reservation in Assemblies and Parliament
  • Various NGOs have also contributed a lot in women emancipation . Eg SEWA .
  • But there are many rape cases and violence against women happening in the country despite enormous laws.

New Farmers Movement

New Farmers Movement

In this article , we will  deal with topic titled ‘New Farmers Movement’

 

  • Farmer’s movements burst onto the National political stage in 1980 with the road and rail roko agitation in Nasik, Maharashtra led by the Shetkari Sangathana of Sharad Joshi. Sharad Joshi articulated the ideology of the movement in terms of India V/s Bharat, industrial V/s rural.

 

  • In 1986, in Muzaffarnagar, U.P. Mahendra Singh Tikait, presided over a gathering of lakhs of villagers before which the CM of UP had been forced to appear in person to announce his acceptance of their demand for reduction of electricity charges to the old level.

 

  • In the 1980’s emerged widespread grassroots mobilization of rural dwellers like in
    • Tamil Nadu led by Viva Sayigal Sangam
    • Karnataka led by Rajya Ryothu Sangha
    • Punjab and Haryana led by Bhartiya Kisan Union
    • Gujarat led by Kisan Sangh
    • Maharashtra led by Shetkari Sangathana

These above mentioned New Farmers Movements especially in 1980s have attracted much media and political attention and focused mainly on

  • demanding remunerative prices for agricultural produce
  • lowering or elimination of government dues such as canal water charges, electricity charges, interest rates and principal of loans, etc

Dalit Movements

Dalit Movements 

In this article , we will  deal with topic titled ‘Dalit Movements’

 

Based on Rajni Kothari’s studies , various phases in Dalit Movement in India are as follows :-

Pre-Independence

These can be divided into two parts

    • Reformative : They never questioned the Caste System. All they wanted was  , discriminatory aspects of Caste System should be reformed . Eg : Harijan Movement of Gandhi
    • Alternative : Create alternative socio-cultural system where there is no place for caste system . Eg : Religious Conversions etc

 

Post Independence

1950-60s
  • Congress was manipulating Dalits as vote bank but they were not given any leadership role. To challenge it ,
        • Republican party of India formed
        • Mass conversion of Dalits to Buddhism
  • But Republican Party wasn’t able to sustain itself due to Marxist vs Ambedkarite ideology . Ambedkarites were  in favour of gaining political power and use it for social upliftment of their community. But Marxist wanted to annihilate socio-political structure and create completely classless society.

 

1970s

Dalit Panther Movement

  • Inspired by Black Panthers Movement of USA
  • It was aimed at generating awareness among people regarding the plight of the dalits
  • It was carried out by educated students and methodology included public debates, pamphlets , plays etc . Students of other sections of society apart from Dalits were also participating
  • They defined Dalits in holistic way consisting of  “all those who are exploited politically, economically and in the name of religion.”

 

1980s Rise of Bahujan Samaj Party

  • In democracy , majority rules .
  • They wanted to take power out of the hands of elites especially Brahmins , Rajputs and Baniyas .

Environmental Movements

Environmental Movements 

In this article , we will  deal with topic titled ‘Environmental Movements’ which happened in India after independence.

 

 

Introduction

Ecological and environmental conflicts in India are claims over depleting resources of forests, land water, fisheries etc. These conflicts have been a challenge to the development of the country.

 

Chipko Movements

  • Location = Central Himalayas ( Uttaranchal)
  • Reason: forest department refused permission to villagers to fell ash trees for making agricultural tools and allotted the same patch of land to sports manufacturer for commercial use. The villagers demanded that local communities should have effective control over natural resources like land, water and forests.
  • Novel Aspect : Women’s active participation (Gaura Devi=Prominent figure) + Villagers in general, and women in particular thwarted commercial falling of trees by hugging the trees to prohibit their cutting
  • Movement achieved a victory when  government issued a ban on felling of trees in the Himalayan regions for fifteen years, until the green cover was fully restored.

 

 

Narmada Bachao Andolan

  • Ambitious developmental project was launched in the Narmada valley of central India in early 80’s consisting of 30 big dams, 135 medium sized and around 3000 small dams to be constructed on the Narmada and its tributaries . Sardar Sarovar Project in Gujarat and Narmada Sagar Project in MP were two most important
  • Project required relocation of about 2.5 lakh people and 245 villages were expected to get submerged.
  • Initially locals demanded proper relocation and proper rehabilitation. It was during late 80’s that the issue strengthened under the banner of Narmada Bachao Aandolan. NBA demanded
    • proper cost benefit analysis of the major developmental projects completed in the country so far.
    • social cost should be calculated too with respect to such projects. Social cost meant forced settlement of project affected people, serious loss of means of livelihood and culture, depletion of ecological resources.
  • Because of constant struggle, Right to rehabilitation has been recognized by the government and judiciary.
  • NBA used every available democratic strategy to put forward its demands like Pradarshan, Dharna, Gherao, Rasta Roko, Jail Bharo Aandolan, Bhook Hartal etc.
  • Prominent face of the movement was Medha Patkar, a social activist.

 

 

Silent Valley Movement

  • Aimed at the protection of silent valley an evergreen forest in the Palakkad district Kerala.
  • Reason : Announcement of  dam construction on Kuntipuzha river, in silent valley
  • Movement was started in 1973 and Kerala Sasthra Sahitya Parishad (K.S.S.P)  aroused the public opinion to save silent valley.
  • Protesters were successful in 1985, when the then PM Rajiv Gandhi inaugurated silent valley National Park and the park was designated as the core area of Nilgiri Biosphere Deserve.

 

 

Fisheries Movement

  • Livelihood of small fishermen worker was threatened, when the government permitted entry of mechanized trawlers and technologies like bottom trawling for large scale harvest of fish in the Indian seas. To protect their interests and livelihood, the fishermen came together on a national level platform as a National Fishworkers Forum (NFF).
  • NFF achieved their first success against Indian government’s move to open the entry of commercial vessels including of MNCs in deep sea. In July 2002, NFF called for a nationwide strike to oppose the move of government to issue licenses to foreign trawlers as well.

 

Point to Note : In India , Environmental Movements were bottom up movements started by common people whereas in Europe and western nations, Environmental Movements were basically Elitist / Intelligentsia / Top Down Movements