Question 4(a)GS4GS2
Ideally, ethics and law should be harmonious in the context of administration, yet conflicts between them can arise. How should an administrator handle conflicts between legal directives and ethical considerations, particularly when directives are illegal and laws are unjust? Discuss.
Main Body
"A law is as good as people implementing it" - B.R. Ambedkar. A Venn diagram showing overlap between LEGAL and ETHICAL:Illegal But ethical (Ex: Civil Disobedience Movement)Just Act Handle legal vs ethical consideration: (1) Prioritizing following the law first, if it is just & implementablewould bring objectivity. (2) When legal directive is unjust then there should be prudence in conduct, to disallow any unethical act.Analysing the directive.taking opinion of others.
3Persuasion skill to influence the senior/superior who gave the directive. (4) Moral courage in action to stand up against any unethical or illegal act. → IAS Ashok Khemka's courage against land Mafia. (5) Analysing with wisdom the essence of the law → would help in better implementation with enlightened OBJECTIVITY. (6) Long term solution is to channel the voices about unjust law within government department, to be discussed & deliberated in the legislature ultimately. Laws are the external locus of discretion but ethics are internal. Internal voice if heard can lead to CRISIS of CONSCIENCE which should be avoided with prudent actions.
183 words1 paragraphs
Conclusion
Laws are the external locus of discretion but ethics are internal. Internal voice if heard can lead to CRISIS of CONSCIENCE which should be avoided with prudent actions.
28 words
Topper
Ketan Shukla
2024
Subject & Paper
GS4GS2
Topic
Role of Civil Services in a Democracy
Ethics and Legal Dilemmas
Conflict between Law and Ethics in Administration
Writing Stats
211
Total words
1
Paragraphs
analytical
Tone