Code of Conduct and Code of Ethics

Code of Conduct and Code of Ethics:

• For Judges:
  • Separate conduct rules (as of now Judges enquiry Act deals with enquiry on the basis of misbehaviour and prove in capacity). 
• For legislature and ministers (ARC II recommended code of conduct, presently no explicit, effective conduct rules). 

• Other functionaries: 
  • Separate statutes/Laws define condition of service but they are not very effective and adequate. 

Code of Conduct:

• It is more focused and defines how a person should act in specific situations. 
• It outlines specific practices and behavior that are required or restricted under the organization.
• These are legally enforceable which sets out the standards of behaviour expected of those working in the public service.
• These are designed to prevent certain types of behaviours like conflict of interest, self-dealing, bribery and inappropriate actions.
• The Code of Conduct outlines specific behaviours that are required or prohibited as a condition of ongoing employment.

Code of Conduct for Civil Servants:

• They shouldn’t take bribe 
• Shouldn’t favour-disfavour 
• Decision shouldn’t result in peculary loss of government 
• Should keep public and private affairs separate 
• Shouldn’t take gifts beyond monetary value
• Shouldn’t use office for personal gain

Code of Conduct consist of:

• Provisions of constitution : Article 309 to 311 
• Conduct rules:
  • Code of Civil services conduct rules 1964, 
  • Central services conduct rules 1964, 
  • All India services CR 2014 
• Indian penal code, official secret act, prevention of corruption act, India Act.

Actions against misconduct:

1. Departmental enquiry 
2. Enquiry by CBI, CID, SIT etc.
3. Enquiry by NHRC NCW- in case of HR- as citizen complaint.
4. Lokayukta
5. Judiciary

Minor:

1. Reprimand
2. Withholding increment 
3. Withholding promotion 
4. Recovery of procuring loss

Major:

1. Reduction to lower rank
2. Compulsory retirement 
3. Removal- chance of reinstated
4. Dismissal- no chance

• There are also pension rules for CS according to which CS can be removed if they are not efficient (this ground has also been justified by SC and Article 311 doesn’t come in this case as it’s not disciplinary action due to commission of offense rather removal due to inefficiency.

ARC II RECOMMENDATIONS:

1. Minimise steps of enquiry that its number of procedures and processes. 
2. Law should be simplified so that it remains effective and adequate. 
3. Article 311 should be abolished.
4. Should be code of ethics for CS and code of conduct for ministers 
5. Each house should have an ethics Commissioner.

Seven Principles of Public Life, also known as the Nolan principles:

• Selflessness: Take decisions in public interest 
• Integrity: No financial or other obligation to outside individuals 
• Objectivity: Make choices on merit
• Accountability: Submit yourself to the scrutiny by different authorities
• Openness: Give reasons for your decisions 
• Honesty: Declare any private interest to their public duties
• Leadership: Lead by example

Code of Ethics:

• These are a set of guidelines containing core ethical values, principles and ideals of the organization. 
• These are referred to as values, which behave like the Constitution with general principles to guide behaviour, outlining a set of principles that affect decision-making.
• It would include the principles of integrity, impartiality, commitment to public service, accountability, devotion to duty, exemplary behaviour etc.
• It defines the minimum requirements for conduct and behavioural expectations instead of specific activities.
• Code of ethics helps members in understanding what is right or wrong and these codes are disclosed publicly.

Code of Ethics has following Characterisitcs:

• Deals with moral behaviour of CS. 
• It’s about a desirable level of conduct, honesty, integrity and soft skills. 
• Deals with the inner aspect of CS. That is conscience, self commitment, responsibility. 
• It’s not enforcement, rather it’s desirable and encouraged. 

Similarity between code of Conduct and code of Ethics:

• There is a significant overlap between the two codes.
• Both are similar as they are used in an attempt to encourage specific forms of behaviour by employees.
• Code of Conduct originates from the code of ethics and it converts the rules into specific guidelines that must be followed by the members of the organization.
• Both can serve as a guide to handle situations like avoiding conflict of interest, protecting the organization’s assets, anti-bribery and corruption and improving work culture ethics.

Conduct Rules in India:

1. Conduct rules in India have also ethical principles- All India services conduct rules 2014 also Incorporated: 
   • A. Accountability, transparency
   • B. Neutrality 
   • C. Compassion 
   • D. Social Justice 
   • Therefore, they may not be completely separable. 
2. Some conduct of ethics are enforceable like conduct rules- Model code of conduct during elections.

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