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“A mere compliance with law is not enough, the public servant also have to have a well developed sensibility to ethical issues for effective discharge of duties” Do you agree? Explain with the help of two examples where (i) an act is ethically right, but not legally and (ii) an act is legally right, but not ethically. | UPSC Mains PYQ 2015 | Acme AI

Syllabus Point

Laws, Rules, Regulations and Conscience as Sources of Ethical Guidance

Approach

Introduction (Definition) (30-40 words)
- Discuss how Public servants must go beyond mere compliance with the law and develop ethical sensibility to ensure fair, just, and humane governance.
Body (Explanation) (80-90 words)
- Discuss the importance of ethical sensibilities.
- Give two examples where an act is ethically right but not legally.
- Give two examples where an act is legally right but not ethically.
Conclusion (20 words)
- Highlight how Ethical sensibility ensures that legal enforcement aligns with humanity, fairness, and social responsibility, strengthening public trust in governance.

Introduction

Public servants hold a position of trust and responsibility, and their actions significantly impact society. While adherence to the law is fundamental, it is often not sufficient on its own. Effective discharge of duties requires public servants to possess a keen sensibility to ethical issues, ensuring that their actions align with broader moral values and societal expectations. This dual focus on legality and ethics ensures just and compassionate governance.

Body

Importance of Ethical Sensibility:

Laws provide a framework for acceptable behavior, but they cannot encompass every possible scenario or moral nuance. Ethical sensibility allows public servants to navigate complex situations where the law may be silent, ambiguous, or insufficient.
Impact: This ensures that public servants act in the best interest of society, uphold justice, and maintain public trust, even when legal guidance is lacking or inadequate.

An Act that is Ethically Right, but Not Legally:

Example 1: Whistleblowing on Government Corruption
- Scenario: A public servant discovers significant corruption within their department. Although disclosing this information could breach confidentiality agreements and result in legal repercussions, the public servant chooses to blow the whistle.
- Ethical Perspective: The act of whistleblowing is ethically justified as it aims to expose corruption, uphold integrity, and serve the public interest.
- Legal Perspective: The act may violate laws related to confidentiality and could result in legal penalties for the whistleblower.
- Impact: While legally problematic, the ethical stance taken helps to combat corruption and promotes transparency and accountability within the government.
Example 2: Providing Humanitarian Aid Without Authorization
- Scenario: During a natural disaster, a public servant uses government resources to provide immediate humanitarian aid to affected individuals without obtaining prior authorization, which is required by law.
- Ethical Perspective: The act is ethically right as it prioritizes human lives and immediate relief over bureaucratic procedures.
- Legal Perspective: The act may breach procedural regulations and could be deemed unauthorized use of government resources.
- Impact: Despite legal infractions, the public servant’s actions demonstrate a commitment to humanitarian principles and the well-being of citizens.

An Act that is Legally Right, but Not Ethically:

Example 1: Evicting Residents for Urban Development
- Scenario: A public servant enforces a legal order to evict residents from their homes to make way for an urban development project. The residents are given minimal compensation, which is legally permissible but inadequate for them to find alternative housing.
- Legal Perspective: The eviction is legally sanctioned, and the public servant is following the law.
- Ethical Perspective: The act is ethically questionable as it disregards the welfare and rights of the displaced residents, failing to provide fair compensation and support for relocation.
- Impact: While legally justified, the eviction undermines social justice and human dignity, highlighting a gap between legal compliance and ethical responsibility.
Example 2: Strict Enforcement of Minor Offenses
- Scenario: A public servant rigorously enforces penalties for minor offenses such as jaywalking or minor traffic violations, adhering strictly to the letter of the law without considering the context or severity of the infractions.
- Legal Perspective: The enforcement is legally correct and within the public servant’s duties.
- Ethical Perspective: The act may be seen as ethically disproportionate, potentially causing undue hardship or resentment among the public for relatively minor infractions.
- Impact: Although legally correct, strict enforcement without ethical consideration can erode public trust and create perceptions of injustice or excessive severity.

Conclusion

Mere compliance with the law is insufficient for public servants tasked with serving the public good. A well-developed ethical sensibility enables them to navigate complex situations where legal guidelines may fall short, ensuring that their actions are just, compassionate, and aligned with societal values. By balancing legality with ethics, public servants can effectively discharge their duties, maintain public trust, and promote a more equitable and humane society.

Model Answer