Q. 4 (b) Mindless addiction to Form, ignoring the Substance of the matter, results in rendering injustice. A perceptive civil servant is one who ignores such literalness and carries out true intent”. Examine the above statement with suitable illustrations.

Core Demand of the Question

●        Discuss how mindless addiction to Form, ignoring the Substance of the matter, results in rendering injustice.

●        Discuss that a perceptive civil servant is one who ignores such literalness and carries out true intent.

Answer

The statement emphasises the importance of focusing on the (substance) and intent behind rules, policies, and procedures, rather than rigidly adhering to their (form) or technicalities. It argues that excessive focus on form without understanding the essence can lead to injustice, while a perceptive civil servant must be able to discern the true intent and act accordingly.

Mindless Addiction to Form, Ignoring the Substance of the Matter, Results in Rendering of Injustice:

  • Legal Formalism vs. Substantive Justice: A rigid adherence to legal formalism prioritises procedural correctness over the principle of justice, where the substantive outcomes should reflect fairness, rather than just conformity to rules.
    For example: The prolonged delays in delivering MGNREGA wages due to stringent bureaucratic requirements highlight how rigid adherence to procedure can deny rightful benefits to those in need.
  • Erosion of Public Trust in Governance: When governance is driven by deontological ethics (duty-based), without accounting for utilitarian outcomes (greatest good for the greatest number), it can erode public trust in institutions.
    For example: In Anuradha Bhasin vs Union of India (2020), the Supreme Court emphasised the need to balance security with freedom, criticising the strict application of rules over the common good.
  • Perpetuation of Social Injustice: Strict adherence to proceduralism in governance, driven by a bureaucratic mindset (Weber’s theory of Rationalization), can entrench systemic inequalities instead of addressing them.
    For example: The implementation of the Manual Scavenging Act 2013 focused more on punitive measures, ignoring structural causes of the practice, which perpetuates social injustice.
  • Barriers in Educational Assistance: The procedural justice theory implies that fair procedures lead to fair outcomes, yet in educational aid, a rigid process can delay assistance, causing unjust consequences.
    For example: Delays in the National Scholarship Portal due to excessive bureaucratic scrutiny impede access to education for deserving students, undermining distributive justice.
  • Compromised Healthcare Delivery: A focus on rule-utilitarianism in healthcare schemes like Ayushman Bharat can lead to failures in delivering timely care, as bureaucratic delays conflict with the goal of maximising overall health benefits.
  • Ineffective Environmental Regulations: Regulatory capture and procedural rigidity in environmental policies can result in insufficient protection, as compliance timelines overshadow the thoroughness of environmental assessments.
    For example: The Vedanta Case highlighted the risks of procedural shortcuts in environmental clearances, as the Supreme Court emphasised the importance of precautionary principle in environmental governance.

A Perceptive Civil Servant is One Who Ignores Such Literalness and Carries Out True Intent:

  • Ethical Leadership Over Legalism: Civil servants who exercise moral imagination and prioritise virtue ethics (Aristotle), ensure that their actions reflect ethical character and the spirit of the law, rather than rigid procedural adherence.
  • Creative Bureaucracy for Greater Public Good: Applying institutional creativity within the constraints of bureaucracy fosters solutions that balance form and substance, promoting adaptive governance in response to local needs.
    For example: The Kerala Fibre Optic Network Project creatively navigated bureaucratic hurdles to provide efficient public service, exemplifying problem-solving leadership.
  • Policy Adaptation to Local Needs: Contextual integrity in policy implementation is key to ensuring that formal rules are adapted to fit local circumstances, preserving the ethos of governance that promotes fairness.
    For example: The Public Distribution System (PDS) in tribal areas was modified to meet local nutritional needs, ensuring policy was substantively relevant.
  • Flexibility in Crisis Management: Situational leadership in crisis management calls for quick adaptation and a departure from strict rules to ensure public welfare, prioritising outcomes over formality.
  • Empathetic Governance: Transformational leadership focuses on addressing the real needs of communities, allowing civil servants to transcend bureaucratic rigidity and act in the true spirit of public service.
  • Progressive Judicial Interpretations: The judiciary’s role in dynamic interpretation of laws aligns with the living Constitution doctrine, ensuring laws evolve to meet the broader principles of justice and liberty.
    For example: In Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), the Supreme Court interpreted the right to privacy expansively, reflecting a teleological approach to jurisprudence.
  • Engagement with Stakeholders for Policy Effectiveness: Deliberative democracy in governance, where decisions are informed by stakeholder engagement, ensures policies are responsive to community needs and contextually relevant.
    For example: The participatory governance model in Panchayati Raj institutions highlights the importance of community input in shaping policies that are both fair and effective.

Governance should prioritise substantive justice over rigid formalism, ensuring fairness, equity, and inclusiveness in public administration. As the Bhagavad Gita states, “Yogaḥ karmasu kauśalam” (Chapter 2, Verse 50) – excellence in action lies in performing duties with wisdom and discernment. Upholding this principle ensures that governance serves the true needs of the people, not just the letter of the law.

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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