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Administrative Reforms Commission Reports Report 4: Ethics In Governance Roman Saini
Course Structure 1. 4th Report- Preface 3. Recommendations of 4th Lokayukta 6. Lokpal 7. Citizen Initiative to Control the 8. Ethical Role of Media and Ombudsman Corruption to combat the Corruption report 1. Reforms into Institutional 9. Use of Information Technology Framework 2. Reforms in Civil Services 3. Ethical Framework for the 10. Promoting Competitiorn 11. Proactive vigilance on Judiciary corruption 4. Modification and Enactment of Important Acts/Laws Introducing New Laws 4. Conclusion 5.
5 ARCII - 4th Report
"As human beings, our greatness lies not so much in being able to remake the world - that is the myth of the atomic age -as in being able to remake ourselves" Mahatma Gandhi
ETHICS IN GOVERNANCE Preface- .Governance is admittedly the weak link in our quest for prosperity and equity in Indian society. Elimination of corruption is not only a moral imperative but an economic necessity for a nation aspiring to catch up with the rest of the world Improved governance in the form of non-expropriation, contract enforcement, and decrease in bureaucratic delays and corruption can raise the GDP growth rate significantly.
The six perceived governance quality measures, each an aggregate of a number of sub-measures, are 1.Voice and accountability; 2.Absence of political instability and violence; 3.Government effectiveness; 4.Reasonableness of the regulatory burden; 5.The rule of law; and 6.The absence of graft- Of these, the last two are the most directly significant in the context of ethical governance. . There is a perception that the public services have remained largely exempt from the imposition of penalties due to the complicated procedures that have arisen out of the Constitutional guarantee against arbitrary and vindictive action .The huge body of jurisprudential precedents has crowded out the real intent of Article 311, and created a heap of roadblocks in reducing corruption.
. While the honest have to be protected, the dishonest seem to corner the full benefit of Article 311. Hence there is need for a comprehensive examination of the entietcormus of administrative jurisprudence to rationalise and simplify the procedures. . Clearly, the absence of rules is not the problem. One cannot mandate honesty. The rule of law can only defeat the perverse mind. However, it cannot defeat the perversity of the heart. .Good governance must be founded on moral virtues ensuring stability and harmony. Confucius described righteousness as the foundation of good governance and peace. The art of good governance simply lies in making things right and putting them in their right place.
Confucius emphasizes the righteousness for life and character building. This is in conformity with Dharma or righteousness as taught by all religions in the world and preached in Buddhism very predominantly in its fourth noble truth. He also emphasizes that man himself must become righteous and then only there shall be righteousness in the world. This is comparable with what Gandhiji said, "Be the change you wish to see in the world" One of the problems is that the present codes of conduct are not direct and to the point. They are full of vague sermons that rarely indicate prohibitions directly The solution to the problem of corruption has to be more systemic than any other issue of governance. The focus should be on e-governance and systemic An honest system of governance will displace dishonest persons. . change
Outline of the 4th Report This Report is divided into nine chapters: 1. Introduction 2. Ethical Framework 3. Legal Framework for Fighting Corruption 4. Institutional Frameworlk
5. Social Infrastructure 6. Systemic Reforms 7. Protecting the Honest Civil Servant 8. International Cooperation 9. Relationship between the Political Executive and the Permanent Civil Service