“Codes of ethics keep an organization’s soul intact, while the code of conduct keeps its hands clean.”
While a Code of Conduct governs actions through established rules, a Code of Ethics ensures that civil servants are morally guided to act beyond mere compliance, instilling ethical principles in decision-making.
| Code of Conduct stems from: Provisions of constitution : Article 309 to 311 Conduct rules: Code of Civil services conduct rules 1964, Central services conduct rules 1964, All India services CR 2014 Indian penal code, official secret act, prevention of corruption act. |
Code of Conduct and Code of Ethics as Sources of Guidance
| Aspect | Code of Conduct | Code of Ethics |
| Definition | A set of specific rules outlining acceptable behavior. | A set of guiding principles based on values and morals. |
| Guiding Principle | “Do as per the rules.” | “Do what is right.” |
| Focus | What employees must do. | What employees should do. |
| Purpose | Regulates actions and behavior of employees. | Guides decision-making based on moral and ethical principles. |
| Scope | Focuses on compliance with laws and regulations. | Broad focus on integrity, fairness, and moral responsibility. |
| Enforcement | Enforced through disciplinary actions for breaches. | Promotes self-regulation and moral accountability. |
| Flexibility | Rigid and structured, leaves little room for interpretation. | Flexible and adaptable to various situations. |
| Outcome | Ensures adherence to rules and legal requirements. | Ensures actions align with values like integrity and fairness. |
| Responsibility | Organizational compliance and order. | Personal moral responsibility and ethical leadership. |
| Examples | No corruption, punctuality, conflict of interest rules. | Integrity, transparency, fairness in decision-making. |
A Code of Ethics promotes proactive transparency beyond legal compliance, exemplified by the RTI Act, which could foster deeper accountability. Scandals like the Vyapam scam and 2G spectrum case, highlight the need for integrity to prevent moral lapses. Furthermore, India’s corruption rankings and cases like the Commonwealth Games scandal demonstrate the need for probity in public life.
Model Code of Ethics
- Hota Committee: Recommended ethics training for civil servants to foster professionalism and prevent corruption.
- Santhanam Committee: Highlighted the need for strengthening institutional mechanisms like Lokpal and vigilance commissions to oversee adherence to ethical standards in governance.
Integrity
- Honesty and Truthfulness: Public officials must provide accurate information. Eg- transparency in Aadhaar data usage.
- Conflict of Interest: Officials must avoid personal gains from public decisions. Eg- T.N. Seshan ensuring impartiality in elections.
- Commitment to Public Interest based on utilitarian principle of Greatest happiness of greatest number.
- Professional Excellence: continuous learning and professional development, encouraging civil servants to enhance their skills, knowledge, and competencies to serve the public better. (Hota Committee)
Probity
- Financial Integrity: Use public funds solely for intended purposes. Eg- E. Sreedharan ensuring zero corruption in Metro contracts.
- Respect for Rule of Law: act in accordance with legal regulations and standards. Adhering to the law ensures that decisions are consistent, just, and equitable, and it prevents abuse of power.
- Stewardship: exercise prudence in resource allocation and management to maximize societal benefits.
Transparency
- Proactive Disclosure: suo-motu disclosure under Section 4 of the RTI Act, 2005.
- Openness to Scrutiny: Encourage public audits of decision-making. Eg- MGNREGA
- Public Engagement: Be open, transparent and responsive, and respect and assist all persons in their dealings with public organizations.
| United Kingdom: Nolan Principles Australia: Public Service Code of Ethics – impartiality, accountability, respect, and integrity. It also includes whistleblower protection mechanism, regular training and compliance checks. USA – Sunshine Act, 1976 – mandates that meetings of federal agencies must be conducted openly and that their records should be accessible to the public. |
The rule of law depends on public officials acting ethically. Thus, a comprehensive, actionable and enforceable Code of Ethics can strengthen civil servants’ role as a “steward” for the public.
