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150 Words10 Marks

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.

UPSC Mains 2018•Ethics & Integrity

Model Answer

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Syllabus Point

  • Probity in Governance: Concept of public service

Approach

  1. 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.
  2. Body (Explanation) (80-90 words)
    • Discuss the positive side of this perspective.
    • Discuss the negative side of this perspective.
    • Give suitable examples to illustrate.
  3. 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.

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