Probity in Governance

Quotes

• ” No responsibility of government is more fundamental than the responsibility of maintaining higher standards of ethical behaviour”: John F Kennedy

•  “The purpose of a government is to make it easy for people to do good and difficult to do evil”. Gladstone 
• “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.”

Public Service

• It refers to the goods and services that are available to the general public by institutions of government. It forms the interface between the citizens and the administration.

• These services are partially or fully funded by the government.

Example:

• Services such as healthcare, education, maintenance of law and order, public utility etc. are public services provided by the government.

Features of Public Service that Differentiate it from Private Sector

• Essential Services: Services such as water, transport, food etc. are vital for the existence of community itself. 

• To Upheld Accountability: Public accountability is the essence of public services in a democracy.

Ex. Government was blamed for Poor Health conditions during Covid

• Social Goods: Public services are social goods and hence not profit oriented. It has to maintain the fairness of treatment.

• Provided by the organisation: Public services are usually provided by local or national monopolies institutions, especially in a sector which is natural monopoly. Ex.  law & order, judiciary

• Large-scale participation of Administration: Public service is provided by the administration and works under political direction and scrutiny.

Concept of Probity (Satyanishtha in Hindi)

• Probity is an attribute of having strong knowledge of moral principles, honesty and decency and integrity (in personal or public relations). 
• It represents a maximalist approach to life whereby a person adheres to the best principles and ideals rather than simply avoiding corrupt or dishonest practices in personal and public relations.  
• It is regarded as strict adherence to code of ethics.

Example:

• When Former Supreme Court Judge Kurian Joseph visited the Vatican for the canonisation of Mother Teresa. He skipped the dinner that comprised senior officials of the Italian government to avoid perceived conflict of interest. He was a member of the bench adjudicating the dispute between India and Italy over the jurisdiction to try two Italian marines for allegedly shooting two fishermen off the Kerala coast in 2012. 

• M. Vishvesvaraya was hard working, efficient, and having qualities of strong moral principles, honesty and integrity, which were reflected in every sphere of his activities.

Philosophical Basis for Probity in Governance

Objective of probity in governance

• Maintain Integrity: Ex. Time-bound corruption-free work in the office
• Ensure compliance: Ex. Zero Omission Zero Commission, Police working as per ethical conduct rule.
• Mutual Trust: To maintain public trust in the government's decision-making process.

Ex. Fulfilment of manifesto by the government before the election.

• Avoid fraud: To avoid the potential for fraud, misconduct and corruption.

Ex. Ensure proper functioning EVM before voting

• Equitable and sustainable development: It is an essential requirement for an efficient and effective system of governance as well as for socio-economic development.

Ex. Nordic Countries’ governance and quality of Public services offered by the government

• To serve the constitutional cause: Probity in Governance is required to serve the motto of the Constitution. i.e. to provide Social, Political and economic justice to all. 

Ex. Special Provision for marginal section of the Society like Divyang, Women Sc/STs etc., Due Process of Law

• Participatory Governance: It helps address nepotism, favouritism, and Political partisanship. Public repose more trust in governance and therefore it facilitates participatory governance.

Ex. Law commission has asked feedback from public for Draft UCC Code

• Ensure accountability: 

Ex. Compulsory resignation or termination of non performing officers.

Challenges for Probity in Governance

• Lack of implementation of acts: It is the implementation of the law that tests its effectiveness in addressing problems on the ground. 

Example:

• Effective implementation of whistleblower act, RTI act 
• Enforcement of section 5 of the Benami Transactions Act

• Colonial legacy: Due to ingrained culture of indiscipline resulting from colonial legacy of bureaucracy/executive functioning, those in authority can exercise power in an unchallenged way.

Example:

• IPC – 1860, Code of Civil Procedure 1908

• Social asymmetries of powers: Nearly 90% of the people work in the unorganized sector. Such asymmetry of power reduces societal pressure to conform to ethical behaviour. 

• Erosion of Values of Institutions: The gross perversion of the Constitution and democratic institutions amounting to a wilful violation of the oath of office.

Example:

• Most of the Governors are appointed from Ruling Party
• CBI and CVC issues escalated by the chiefs of the respective institution

• Culture of Corruption ingrained in society: It is unfortunate that corruption has, for many, become a matter of habit. It is so deeply entrenched that corruption is now considered a social norm. Greed for Illegitimate Money, Over Centralisation is some of the reason for the culture of corruption.

Example:

• Transparency International Rank 
• Bridge on the Ganga River Collapsed twice during its construction

• Lack of Transparency in Institutions: Transparency is a cornerstone for probity. Due to the opaque working ambient in the organisation, it is difficult to maintain probity in the governance of the Institutions.

Example:

• Political Parties are out of the ambit of RTI

Importance of probity in Governance for civil services 

Civil service is the executive branch of the government which excludes the army and the judiciary.

• Unifying nature of the service: Strong binding character and presence throughout the country.

Example:

• Civil servants from All India Services are liable to work across the country.

• Policy making: Effective policy making and regulation.

Example:

• Draft Bill by the law Commission such as Surrogacy, privacy, Uniform Civil Code
• RBI’s Monetary Policy Committee try to limit inflation within 4+-2%

• Coordination: Among government institutions.

Example:

• Governor working as linkage between Centre and States
• NITI Aayog framing policy across stakeholders and themes

• Leadership at different levels of governance.

Example:

• Cabinet Secretary 
• Conflict: Significant role of N Ravi Naga peace talk 

• Service delivery at the cutting-edge level.

• Example: Pota Cabins – Residential Schools started in Bastar regions (the LWE areas of Chhattisgarh)

• Continuity: Provides continuity and change to the administration. 

Example: Phenomenal progress in Space technology due to the contribution of each successor of ISRO over the time period.

• Store house of knowledge: Civil servants work in the field and in various departments of the government. This helps them in giving effective policy advice to the ministers.

Example:

• Strengthens ethos of democracy: Civil servants are accountable to the public representatives who in turn are responsible to the people. They carry out the policies of the elected government and help in the smooth conduct of elections.

• Example: Panchayat Banks – Providing banking services at the Panchayat level and strengthening the decentralised service delivery

• Fulfils constitutional mandate: Helps toimplement social and economic development programs, ensuring law and order etc.

• Example: Andhra Pradesh - CM Office real Time Executive dashboard to monitor key Performance Indicators

Measures require to bring Probity in Governance

• Transparency in Governance: Accountability and transparency in governance can be achieved through digitisation and self-disclosures.

Example:

• Practice of evidence-based policymaking as use in Nordic Countries
• Availability of Contact numbers of senior servants to Public 
• Details in Departmental websites

• Institutional reforms: Introducing public delivery of service agreements by executive agencies for ensuring accountability, objectivity and transparency. This can be achieved through - 
• Citizen Advisory Boards 
• Government Contract Committees
• Public Watchdog Groups
• Independent Anti-Corruption Agencies
• Capacity building of citizens and civil society groups
• Empowering Grassroot democratic institution: Allowing stakeholders to participate in various decision-making processes and encouraging and facilitating public participation.

Example:

• Strengthening Panchayati Raj Institutions as platform for citizen’s participation.
• Regularising social audit

• Grievance Redressal Mechanism: Easy access of government officials to the public is important for grievance redressal.