Probity In Governance

Introduction | What is Probity in Governance?

Probity in Governance is an utmost essential requirement for an efficient and effective system of governance and for socio-economic development. An important requirement for ensuring Probity in Governance is absence of corruption. Other needs include effective laws, rules, and regulations controlling all aspects of public life, as well as effective and fair enforcement of said laws. A proper, fair, and effective application of Probity is mainly dependent and an outcome of discipline. 

Rather than outcomes, it is concerned with methods, processes, and systems. The best probity procedures, on the other hand, do not guarantee that a Board will be free of difficulties or criticism. It demands boards to practice impartial, honest, and ethical governance. 

What does Probity in Governance mean for the Government workers?

Maintaining probity for government employees and agencies entails more than just avoiding dishonesty. It entails putting public sector values like impartiality, accountability, integrity, and transparency, which are also known as objectives or Philosophical basis of Probity in Governance, into practice. 

Probity, on the other hand, is decided by intangibles such as personal and societal ideals, and extends beyond the avoidance of being dishonest. It is also defined as uncompromising adherence to an ethical code based on unwavering honesty, particularly in commercial (monetary) situations and beyond legal standards. Every public official’s duty to adopt methods, practises, and philosophical basis of governance and probity that strengthen and promote public sector values and interests includes ensuring Probity in public sector actions.

If you have to summarise or explain the objectives of Probity in Governance in simple terms it means,

• To ensure accountability in governance;
• To maintain integrity in public services;
• To ensure compliance with processes;
• To preserve public confidence in Government processes;
• To avoid the potential for misconduct, fraud and corruption.

Philosophical bases of Governance and Probity:

The adjective “philosophical” refers to a fundamental nature of knowledge, reality, and existence. It encompasses both the sense and the essence of being the underlying support or foundation for any subject or object, which we see as a narrow or broad basis for something. 

Governance, by definition, does not imply “ruling,” but it does imply “doing something with authority,” deciding whom or what to control, influence, or regulate, and defining what it takes to govern oneself while governing others. Because “the rule” values supremacy, it might have a negative impact, exerting an unfavourably forceful and restrictive impact on the Governed. Traditions and beliefs of legitimacy, fairness and social good should always be able to guide governance.

When the Governed encounters conformity to the law, the system being fair and reasonable, and the good of society, it is because governance necessitates the instillation and institutionalisation of strong moral principles describing honesty and decency, which is, Probity.

Influence of historic scriptures on Ethical Governance:

The ethical considerations of governance have been extensively emphasised in Indian scriptures. The Chinese thinkers also supplied maxims on ethical government. 

The first, influenced by Aristotle, maintains that virtues (such as justice, kindness, and generosity) are inclinations to act in ways that benefit both the possessor of these virtues and the society in which he lives. 

The second, primarily advocated by Immanuel Kant, places the concept of responsibility at the centre of morality. Human beings are obligated to obey the categorical imperative to respect other rational creatures with whom they interact because they are aware of their obligation as rational beings. 

The third point of view is utilitarianism, which holds that the guiding principle of behaviour should be the greatest happiness of the greatest number.

Principles of Probity:

There are various generally accepted probity principles that serve to keep a process’s integrity.

• Accountability: 

Accountability is the obligation to explain or account for how tasks were done. The government should have proper systems in place to demonstrate accountability for their actions and choices.

• Transparency:

It is critical that the process be as transparent as possible so that all stakeholders may have faith in the outcomes. Transparent, open processes also reduce the possibility and risk of fraud and corruption.

• Confidentiality:

All public officials have a general obligation of confidentiality to their employer while on the job. As a result, members of the Government Project Team who are public servants are not required to sign a confidentiality pledge in regard to the project. All Government advisors, members, and any other third party who has access to commercially sensitive information must give the government a formal commitment that they will keep this information confidential.

• Impartiality:

People and organisations that deal with an organisation (for example, recruitment) are required to be objective at all stages of the process. If they do not believe the process is honest, fair, and impartial, or if they suspect bias is at work, the organisation’s reputation may suffer. Collide of interest: This occurs when a Board member’s public obligations and private interests conflict, resulting in their personal interests erroneously impacting their official duties and responsibilities. Stakeholders have the right to expect that the Board and staff would only make choices that are in the best interests of the organisation. Ones, both perceived and future, can be just as detrimental as genuine conflicts. Conflicts of interest must be declared so that processes may be put in place to properly manage them and reduce their effects.

Probity and Ethics in Good Governance:

Smooth civil service promotes good policymaking, effective service delivery, accountability, and responsibility in the use of public resources, all of which are characteristics of good governance. Good governance is used as an all-encompassing framework not only for administrative and civil service improvement but also as a link between Civil Service Reform and an all-encompassing framework for making policy decisions effective within viable systems of accountability and citizen participation. Governance reform is essentially the improvement of legal and policy frameworks to create a good decision-making environment; participatory systems for civil society elements to become actively involved in policy and programme formulation and implementation; and an effective and transparent system and process for controlling and accounting for government activities.

Although comprehensive change involving government, civil service, and civil society is ideal, it requires a long-term commitment from political and administrative leaders. Some countries have implemented broad reforms with varying results. The major problem is to identify and connect the components of governance, civil service, and civil society in order to determine which demand priority reaction. 

To summarise, probity is an important feature of governance since it allows the government to operate ethically and effectively. It has been seen that the governing system is losing its credential people because of several irregularities such as corruption, insensitivity, red tape-ism, carelessness, and disdain for office and law. As a result, it is critical for the government to obey the regulations and implement policies of impartiality and transparency in order to gain the trust of the public.

Code of Ethics V/S Code of Conducts:

Both the Code of Ethics (CoE) and the Code of Conduct (CoC) are attempts by organisations to improve their professional standards. But there is a distinction between the two. 

The Code of Ethics outlines the general ideas and ideals (social and moral) that the organisation must strive for. 

For example, in civil services, the CoE can dictate not accepting bribes, assisting the needy, maintaining honesty, and so on. 

Code of Conduct, on the other hand, are explicit guidelines that must be followed by the organisation. The CoC expressly states what actions will be taken if they are violated. For example, avoiding adopting a political stance, not briefing the public on internal topics, preserving organisational etiquette, following dress code, conventional protocols while greeting dignitaries, and so on are all examples of Code of Conduct norms. 

As a result, norms of ethics are implicit, whereas Codes of Conduct are explicit. A Code of Ethics is expected to be observed, but a Code of Conduct is required.

Conclusion

Governance is the machinery throughout which the Democratic functions of the state are ensured.

Probity is the most important quality of governance that helps the latter to perform its duties with due respect and sincerity. Probity keeps a strict view on governance so that the functions of the state are in accordance with law and delivery of public services have been performed, retaining transparency and responsibility.

Due to different anomalies like corruption; insensitivity; red-tapism; irresponsibility; disrespect to office and law; the governance system has lost its credibility fpr people.

A strong need is felt at present time to bring back the confidence of the people in the government machinery. Some measures that can be taken are as follows

1. Sensitivity training for civil servants makes them more people-oriented.

2. Strong anti-corruption machinery with the effective power to probe government officers and high-level politicians instead of investigative bodies with little power.
3. Strict view on the behaviour and attitude of government servants. A frequent performance appraisal is necessary to assess their duty towards the public.
4. Enactment of stringent and clear law in IPC and ICPC against corrupt officers.
5. A high level intellectual and independent body to view the matter of transfer and promotion of government servants.
6. Inclusion of ethical code right from the selection process to retirement day.
7. provision of reward for dutiful public servants to boost their morality and spirit.

Good governance is the root of a Democratic country. Good probity in governance can help the people to realise the  Democratic values germinating respect and patriotism in their hearts towards the state.