Mentor’s Comment:

Define Conflict of Interest (CoI) or bring essence of it in own/easy words. Show the reason(s) for its arising and how it takes advantages/priorities over public interest and official duties.

Show the ways to resolve Conflict of Interest especially in administration. Add Conclusion by mentioning some legal way which India follows in order to control CoI.

Model Answer:

Introduction:

• Conflict of interest is both a straightforward and a complex matter: in principle easy to define – in the public sector a conflict of interest arises “when a public official has private-capacity interests which could improperly influence the performance of their official duties and responsibilities.” This arises when personal interest takes advantage over public interest and official duties.
• Establishing effective policy frameworks to control conflicts can be a complex task. To resolve a specific conflict, it is necessary to establish relevant facts, apply the relevant law and policy, and distinguish between “actual”, “apparent”, “real”, and “potential” conflict situations. This requires technical skill and an understanding of the many issues which are usually involved.

There are two approaches in resolving the Conflict of Interest in administration:

1. Prohibition Model where person prohibits himself/herself from taking part in the process which involves conflict of interest. For Example: Justice Kapadia had stepped down as a judge while there was hearing against his daughter. Such decision set an example to follow to deal with the Conflict of Interest in a non-partisan manner.
2. Disclosure and Peer Review Model: This involves open declaration of interests in public/to seniors/corresponding authorities. This also involves that the decision given should be reviewed by others (Public, Auditor or other team) in the same manner to avoid any sort of conflict of interests. For example: Justice Anil R. Dave rescued himself from being part of 5 judges bench because he was the member of the Commission which constituted NJAC with government. This shows his impartiality and public service value in dealing with the Conflict of Interests.

Conclusion:

• All India Services Conduct Rules, 1964 in India provide a detailed elaboration on such COI situations a public servant may face and suggests basic and time-tested remedies like Either Recusal or Open Declaration of interests in public/ to seniors/ corresponding authorities.
• Other guiding lamps during such situations may be Self-Conscience, Faith in own values like neutrality / impartiality / objectivity / transparency etc. which are cornerstone of Public Services Ethics.
• There is a good Old saying “Ceaser’s wife should be beyond all suspicion”. This implies that the people who hold public office should be the most upright with high integrity.