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Probity in Governance

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55 views6 pages

Probity in Governance

Uploaded by

rajbhagat
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Probity in Governance

 Probity -stands for impeccable standards of morality in public life.


 goes beyond financial honesty or non-corrupt behaviour.
 Probity means that public servants will take no undue advantage of any sort
from their office.
 Also involves applying public sector values like Impartiality,
Accountability, Transparency, Respect for human rights and Compassion
for the downtrodden
 John Kennedy,-: "No responsibility of government -more fundamental
than responsibility of maintaining higher standards of ethical
behaviour.

Principles of Probity
COAT-SHIO ki nako tyacha CONFLICT OF INTEREST
1. Selflessness
2. Integrity
3. Objectivity
4. Accountability
5. Transparency:
6. Openness
7. Honesty
8. Confidentiality
9. Management of Conflicts of Interest
NCRWC, 2002) report on ‘Probity in governance’,
‘An important requisite for ensuring probity in governance -absence of
corruption.

Objective of Probity in Governance


 To ensure accountability in governance
 To maintain integrity in public: services;
 To ensure compliance with processes;
 to preserve public confidence in Government processes;
 To avoid potential for misconduct, fraud and corruption

Importance of Probity in Governance


 helps build up legitimacy of the system
 building of trust over time.
 leads to prudent and ethical outcomes
 helps in checking abuse and misuse of power
 Leads to avoidance of corruption
 provides for an objective and independent view on the fairness of the
process

impeding factors such as:


 Overburden on police/investigating agencies
 Lack of modern tools to establish culpability
 Lack of awareness among citizens about their rights
 Unaffordable access to legal aid
 Complexity of adjudication
 lengthy legal proceedings

Legislative Control over Administration


 President's Speech
 Discussion on Budget
Probity in Governance
 Question Hour
 Adjournment Motions
 Censure Motion
 Debates on the Legislations
 Parliamentary Committees
 External Audit

Judicial Control over Public Administration-


 Criminal and Civil Suits against Public Officials
 Judicial Review
 PILs
 Statutory Appeals
 (prerogative writs-Quo Warranto

Limitations
 courts can intervene only when they are invited to do so
 courts cannot interfere in each and every administrative act

2nd ARC - recognized some core principles of good governance


 Rule of law
 Accountability at each level of administration.
 Minimization of unfettered discretion
 citizen centric governance
 Governance to be built on strong ethical foundation
 Principle of subsidiarity (which implies both devolution and delegation of
authority
Right to Service
 Right to Service legislation is a mechanism to ensure- time-bound
delivery of services by public officials,
 to make public officials punishable for delays.

Social Audit
 Social Audit -a process in which -details of resources- financial and non-
financial- used by the public agencies- for development initiatives- are
shared with people- often through a public platform.
 allows people to enforce transparency and accountability,
 provides an assessment of the impact of an organisation's nonfinancial
objectives through systematic and regular monitoring
 a tool with which government departments can plan,manage and measure
eon-financial activities + monitor both internal and external consequences
of department/ organisation's social and commercial operations.

Gunnar Myrdal in his book ‘Asian Drama’, describes India as a ‘soft


society’.
It is a society where there is a:
 Lack of will to enact laws necessary for progress and development
 Lack of will to implement even the existing laws
 Lack of discipline at all levels – including administration

Suggestions for improving Probity in Governance


Probity in Governance
 Citizens Advisory Boards- to incorporate ideas of common public in
improving governance.
 Mandatory Social Audit of all government programs, for example:
Meghalaya has passed a law for social audit of government programs.
 Establishment of Independent Anti-Corruption Agency
 Mandatory declaration of assets and liabilities of government employees,
accompanied by proper auditing.
 dedicated unit to oversee violation of Code of ethics & Code of conduct by
government officials- both at state and centre level.
 Information- must be made accessible to common public through websites.
 Legislation for Ethics in Government--US has in place Ethics in
Government Act
 Strengthening of criminal judicial system
 Legislation to check misfeasance in public office
Probity in Governance
Philosophical Basis of Governance and Probity

In the Western philosophy


Aristotle-
holds that virtues (such as justice, charity and generosity) -are dispositions to
act in ways -that benefit -possessor of these virtues -and the society of which he
is a part.

Immanuel Kant
 makes -concept of duty central to morality
 human beings -bound to obey -categorical imperative to respect other
rational beings with whom they interact.

Utilitarian viewpoint - JS MILL and Bentham


 guiding principle of conduct -should be -greatest happiness (or benefit) of
the greatest number
 moral action is the one that maximizes utility

Weber’s Idea of Bureaucratic Morality-


 bureaucracy should be a goal-oriented
 bureaucrats should be guided by explicit rules and responsibilities
 members of administrative staff- should be completely separated from -
ownership of means of production
 complete separation of property belonging to organisation-and -personal
property of the official

Divine Right of The King to Rule/ Govern


 emerges from argument that -king is selected by God to rule
 legitimacy of king cannot be challenged by mortals.
 In ancient Egypt-Pharaoh -considered a God by his people.
• In Ottoman empire- sultans commanded absolute power -were called
“shadow of God on Earth”

Machiavelli
 Argued that for effective governance good rulers sometimes have to learn
“not to be good”.
 They should be willing to leave aside ethical concerns in order to maintain
stability of state.
 The pursuit, seize and maintenance of power takes precedence over the
welfare of the public and good governance
In Indian philosophy

Concept of Dharma:
 laid emphasis on duty and righteousness.
 main purpose of State -welfare of nation + protection for vulnerable
sections

Mahabharata
self-discipline and conquest of self -greatest of dharma.
state should aspire to achieve the following-
 Prabhava — for promoting advancement and growth of all beings;
 Sarankshan — for maintaining and giving security to all beings;
 Ahimsa — Freedom from violence.
Probity in Governance
Mahatma Gandhi
 Decentralized Governance/Self Governance-
 Social Control of Business- profit generated -equitably distributed -
prevents concentration of wealth in hands of few

Kautilya- Arthashastra,
Code of conduct- prescribes a detailed code of conduct
Traits of an ideal king-
 should have self-control, open mindedness and seeks advice from his
council of ministers.
 should stay active in promoting security and welfare of people.
 ensures observance of dharma by people, by authority and by example
 favoured right of king to rule based on Dharma shastras -but was against
monarchical absolutism
 According to him -“Yogakshema” or welfare of the people - ultimate goal
of the ruler.

Virtue Ethics-
 talks about external and internal goods.
 external good - riches, power or fame.
 internal good-contentment,happiness, job satisfaction etc t
 creation of internal good -by virtue ethics -may at time hinder -development
of external goods.
 For example- In such circumstances- political rulers and others would
punish public administrators- for acting with virtue.

Paul Appleby’s Idea of Democratic Morality-


 common good- likely to self-destruct over time- unless nation’s leaders
and bureaucracy- act to focus public policy on public interest.
 For a free state to remain a free state- virtuous public servants, -who shared
common social ethics of concern for public interest, -essential.

Social Contract
 opposed divine rights theory
 asserted that king derives its power- to rule and govern- from will
of people
 Social contract -an agreement that exist between -ruler and the ruled.

According to Thomas Hobbes -initial state of nature -was of anarchy social


contract was formed by people out of self-interest

Locke believed that- Without government to defend them -people would have
no security in their rights -and would live in fear.
Thus, people come together- to form a state

United Nations Code of Conduct for Public Officials


Probity in Governance
 categorically states that - public office is ‘a position of trust- implying a
duty to act in public interest’
 ‘public officials shall ensure that - they perform their duties and functions
efficiently, effectively -with integrity, in accordance with laws and
administrative policies

"If we cannot make India corruption-free, then the vision of making the
nation develop by 2020 would remain as a dream." - Dr. A. P. J. Abdul
Kalam

“RTI is master key to Good Governance” – 2nd ARC

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