Que. “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. (150 words, 10 Marks)

UPSC CSE : 2018

Answer:

Approach:

Introduction

  • Contextual introduction explaining the statement.

Body

  •  In the context of a public servant discharging his/her duties, mention the examples to illustrate the limitations of this statement.

Conclusion

  • Conclude by relevant statements

Introduction:

The statement suggests that when a public servant is performing a good deed, he or she can take actions that are not expressly prohibited by law or by clear implication. However, this statement raises the question of what constitutes a “good thing,” and whether actions that are not expressly prohibited can still be unethical or immoral.

Body:

Let’s examine the statement with suitable examples in the context of public servants in India:

  • Upholding the law: Public servants are entrusted with enforcing and upholding the law. While performing their duties, they must adhere to legal provisions and cannot justify unethical actions by claiming that they are pursuing a “good thing.”
    • Example: In the case of the encounter killing of Sohrabuddin Sheikh, several police officers were involved in the extrajudicial killing.
  • Corruption and bribery: Public servants have a responsibility to act in the best interest of the public and avoid any form of corruption or bribery.
    • Example: In 2012, the Central Bureau of Investigation (CBI) arrested Ashok Kumar Singh, an Indian Revenue Service officer, for accepting a bribe of Rs. 2 lakh to manipulate a tax assessment
  • Misuse of power: Public servants must exercise their authority within the limits prescribed by the law and maintain the trust placed in them by the public.
    • Example: In the Adarsh Housing Society scam, several high-ranking defense officials, including politicians and bureaucrats, misused their positions to secure apartments in a society meant for war veterans.
  • Conflict of interest: Public servants must avoid situations where personal interests conflict with their duty to serve the public.
    • Example: Former Union Minister Shashi Tharoor faced allegations of a conflict of interest in the IPL (Indian Premier League) controversy. It was alleged that he had a stake in a company that bid for an IPL team while serving as the Minister of State for External Affairs.

Conclusion:

The examples provided show that civil servants who prioritize integrity, intelligence, and energy, as well as ethical considerations, can make a positive impact on society. Ultimately, public servants should strive to uphold the principles of good governance, transparency, and accountability, and prioritize the public interest above all else.

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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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