Q.“In doing a good thing, everything is permitted which is not prohibited expressly or by clear implication.” Examine the statement with suitable examples in the context of a public servant discharging his/her duties.
How to approach: Go beyond surface definitions—cover causes, current status, stakeholder impacts, and institutional solutions.
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- Probity in Governance: Concept of public service
Approach
- Introduction (Definition) (30-40 words)
- Briefly discuss how this statement implies that while public servants must follow laws and regulations, they also have discretionary power to act in ways that are not explicitly restricted, as long as their actions serve the public good.
- Body (Explanation) (80-90 words)
- Discuss the positive side of this perspective.
- Discuss the negative side of this perspective.
- Give suitable examples to illustrate.
- Conclusion (20 words)
- Summarize the need for balanced discretion where public servants utilize their authority creatively for public welfare without violating the spirit of the law.
(Note: The provided document page cuts off at the Approach section for this question. The model answer is completed below based on standard UPSC GS4 requirements matching the provided approach guidelines).
Introduction
This statement highlights the scope of administrative discretion. It suggests that while public servants must operate within the legal framework, they should not be paralyzed by the absence of explicit rules. If an action is not expressly forbidden and serves the public interest, a public servant can proactively pursue it.
Body
The Positive Dimension: Proactive and Empathetic Governance
- Fostering Innovation: Rules cannot envision every unique field scenario. Discretion allows officers to find creative solutions to urgent crises.
- Ensuring Welfare: It shifts the focus from rigid procedural compliance to actual public service delivery.
- Example: During a natural disaster, an administrator might use government vehicles or local community halls to house displaced families immediately, even if there is no explicit prior budgetary sanction for that specific action, as long as it is not prohibited.
The Negative Dimension: Risk of Misuse and Arbitrariness
- Lack of Objectivity: Unguided discretion can lead to favoritism, nepotism, or subjective decision-making.
- Erosion of Rule of Law: If public servants act entirely on personal notions of "good" without legal backing, it can undermine institutional consistency.
- Example: Awarding a public contract to a local NGO without a formal bidding process, under the guise of "doing a good thing quickly," violates the principle of fair competition and transparency.
Conclusion
Discretionary power should be guided by constitutional morality and public interest. While public servants should be encouraged to act innovatively for the public good where the law is silent, such actions must always remain transparent, justifiable, and aligned with the foundational values of civil services.
Question Specifications, Marking Rubric & Syllabus Mapping
| Examination & Year | UPSC Civil Services Mains Examination 2018 (Question 3) |
|---|---|
| Paper & Syllabus Topic | General Studies Paper IV — Ethics, Integrity & Aptitude → Ethics, Integrity & Public Service Aptitude |
| Marks, Word Limit & Ideal Time | 10 Marks • 150 Words • Ideal Writing Time: 7–8 Minutes |
| Directive Word & Core Demand | Examine: Probe deeper into the topic to establish key facts, causal factors, and multi-dimensional implications. |
| Recommended Structure Split | Intro: ~20–25 Words • Body: ~100 Words (3–4 dimensions) • Conclusion: ~20–25 Words |
| AI Practice & Evaluation Tools | Upload Handwritten Answer for 3-Min Vision AI Evaluation | Generate Custom Answer & Mind Map |
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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.
“Non-performance of duty by a public servant is a form of corruption”. Do you agree with this view? Justify your answer
Besides domain knowledge, a public official needs innovativeness and creativity of a high order as well, while resolving ethical dilemmas. Discuss with suitable example.
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The soul of the new law, Bharatiya Nyaya Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system. (150 words, 10 Marks)
“In Indian culture and value system, an equal opportunity has been provided irrespective of gender identity. The number of women in public service has been steadily increasing over the years.” Examine the gender-specific challenges faced by female public servants and suggest suitable measures to increase their efficiency in discharging their duties and maintaining high standards of probity.
Frequently Asked Questions — UPSC Mains 2018 GS4 (Ethics & Integrity)
How should I structure the answer for this UPSC Mains 2018 GS Paper IV (Ethics) question on Ethics & Integrity?
This 2018 GS Paper IV (Ethics) question carries 10 marks with a 150-word limit and uses the "Examine" directive. Go beyond surface definitions—cover causes, current status, stakeholder impacts, and institutional solutions. Follow the ideal word split (Intro: ~20–25 Words • Body: ~100 Words (3–4 dimensions) • Conclusion: ~20–25 Words) and aim to finish within 7–8 Minutes.
Which UPSC Mains syllabus topic does this 2018 question belong to?
This question is part of General Studies Paper IV — Ethics, Integrity & Aptitude under the syllabus module "Ethics, Integrity & Public Service Aptitude". You can explore all repeated questions from Ethics & Integrity in Acme AI's 3D PYQ Realm or filter all Ethics & Integrity PYQs on the Mains PYQ Directory.
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