Article:
The Indian Supreme Court’s recent statement emphasized the need for public office bearers to exercise self-restraint. It advocated against making disparaging or insulting comments concerning fellow citizens. A five-judge Constitution bench is mulling over the potential restrictions on a public functionary’s right to freedom of speech and expression, reserving its final verdict on the matter. This has sparked conversation around the Code of Conduct for Civil Servants.
Judgment Highlights
The Court stated that if a citizen is affected by a public functionary’s speech, they always have a civil remedy available. Regardless of Article 19(2)’s stipulations, there exists a constitutional culture in India, inherently limiting or restricting what individuals in responsible positions can say. Article 19 (2) pertains to the State’s power to impose reasonable restrictions on the right to freedom of speech and expression in the interest of the country’s sovereignty and integrity.
In 2017, a three-judge bench passed the baton to the Constitution bench for deciding on various issues, including whether a minister can claim freedom of speech while discussing sensitive matters. There were suggestions that a minister’s statements should align with government policy, thereby necessitating an authoritative pronouncement on the issue.
Code of Conduct: What Is It?
A code of conduct provides a roadmap of rules, behavioural standards, and practices for an individual or organization. It informs the decisions, procedures, and systems of an organization to ensure the welfare of its stakeholders. For instance, the Election Commission of India’s Model Code of Conduct provides guidelines for political parties and candidates’ conduct during elections. Similar codes also guide civil servants’ conduct when performing their duties.
Seven Principles of the Code of Conduct for Civil Servants
1. Selflessness: Public office bearers should make decisions in the public interest without seeking financial or material benefits for themselves or their acquaintances.
2. Integrity: Public servants should avoid financial or other obligations to external individuals or organizations that might influence their official duties.
3. Objectivity: Public office holders should conduct public business based on merit, whether it involves making public appointments, awarding contracts, or recommending individuals for rewards and benefits.
4. Accountability: Public officials are accountable to the public for their decisions and actions and must welcome appropriate scrutiny.
5. Openness: Public office bearers should be transparent about all decisions and actions, providing reasons and restricting information only when necessary.
6. Honesty: Public office holders should declare any private interests connected to their public duties and manage any conflicts in a way that protects the public interest.
7. Leadership: Public office bearers should endorse these principles through leadership and example.
Future Steps
The conclusions drawn have general applicability across all public service sectors. They can supplement the seven principles of public service. Organizations should establish Codes of Conduct incorporating these principles. Internal standards maintenance systems should also receive independent scrutiny. A greater emphasis on guidance and training, including induction training, will promote and reinforce conduct standards in public bodies.
Previous Year Questions in UPSC Civil Services Examination
1. Identify ten essential values needed to be an effective public servant. Describe ways to prevent non-ethical behaviour in public servants. (2021)
2. Differentiate between “Code of ethics” and “Code of conduct” with suitable examples (2018).
This discussion sets forth the importance of restraint and self-awareness for public officials, thereby ensuring the upholding of public interest and maintaining decorum in public discourse.
