Probity in Governance: Concept of public service; Philosophical basis of governance and probity; Information sharing and transparency in government, Right to Information, Codes of Ethics, Codes of Conduct, Citizen’s Charters, Work culture, Quality of service delivery, Utilization of public funds, challenges of corruption.

Probity in Governance: Concept of public service; Philosophical basis of governance and probity;

Information sharing and transparency in government, Right to Information, Codes of Ethics, Codes of Conduct, Citizen’s Charters, Work culture, Quality of service delivery, Utilization of public funds,

challenges of corruption.

probity

ˈprəʊbɪti,ˈprɒbɪti/

noun

formal

1. the quality of having strong moral principles; honesty and decency.

Oxford defines probity as “the quality or condition of having strong moral principles; integrity, good character, honesty, decency”

Therefore  " Probity in Governance means Institutions and structures including its members exhibiting strong moral principles like honest, integrity,decency etc"

Probity in governance is an essential and vital requirement for

1. an efficient and effective system of governance and 
2. for socio-economic development. 

Requisite for ensuring probity

An important requisite for ensuring probity in governance is absence of corruption. The other requirements are effective laws, rules and regulations governing every aspect of public life and, more important, an effective and fair implementation of those laws, etc. Indeed, a proper, fair and effective enforcement of law is a facet of discipline. 

Unfortunately for India, discipline is disappearing fast from public life and without discipline, as the Scandinavian economist- sociologist, Gunnyar Myrdal, has pointed out, no real progress is possible. 

Discipline implies inter alia public and private morality and a sense of honesty. While in the West a man who rises to positions of higher authority develops greater respect for laws, the opposite is true in our country. Here, the mark of a person holding high position is the ease with which he can ignore the laws and regulations. We are being swamped by a culture of indiscipline and untruth; morality, both public and private, is at a premium. This paper explores whether some legislative measures can be designed to ensure probity in governance. 

It is true that instilling a sense of discipline among the citizens is more the function of the society, its leaders, political parties and public figures and less a matter which can be legislated upon. Even so, things have come to such a pass that measures need to be contemplated. 

After reading the above we get to understand that Laws are need to enforce probity

so only the syllabus has included 

RTI

COE

COC

CC 

WC

QOS

UPf


Objectives
1. To ensure accountability and transparency.
2. To ensure compliance with processes.
3. To maintain the confidence of people in the administration.
4 .maintaining the integrity and decorum of public service.
5. For better implementation of the government programme.

Challenges of corruption

Define corruption: Corruption is an abuse of public resources or position in public life for private gain. 

Two dimensions of corruption. One is the exploitative corruption where the public servant exploits the helpless poor citizen. The other is collusive corruption where the citizen corrupts the public servant by a bribe because he gets financially better benefits. Collusive corruption depends on black money

The scope for corruption increases when control on the public administrators is fragile and the division of power between political, executive and bureaucracy is ambiguous. Political corruption which is sometimes inseparable from bureaucratic corruption tends to be more widespread in authoritarian regimes where the public opinion and the Press are unable to denounce corruption. 

"The paradox of India, however, is that in spite of a vigilant press and public opinion, the level of corruption is exceptionally high."Explain why?

1. This may be attributed to the utter insensitivity, lack of shame and the absence of any sense of public morality among the bribe-takers. Indeed, they wear their badge of corruption and shamelessness with equal élan and brazenness. 
2. The increase of opportunities in State intervention in economic and social life has vastly increased the opportunity for political and bureaucratic corruption, more particularly since politics has also become professionalized. 
3. Corruption has flourished because one does not see adequately successful examples of effectively prosecuted cases of corruption. Cases, poorly founded upon, half-hearted and incomplete investigation, followed by a tardy and delayed trial confluence a morally ill-deserved but a legally inevitable acquittal. 
4. The acceptance of corruption as an inexorable reality has led to silent reconciliation and resignation to such wrongs.
5.  We have professional politicians who are politicians on a full time basis, even when out of office. India is rated at 73 out of 99 countries in the corruption perception index prepared by a non-governmental organisation, Transparency International. 

Threats due to corruption?Impacts of corruption?

1. Corruption today poses a danger to the quality of governance 
2. Threatening the very foundations of our society and the State. 
3. Corruption in defence purchases, in other purchases and contracts tend to undermine the very security of the State. 
4. Some of the power contracts are casting such financial burden upon some of the States that the very financial viability of those States has fallen into doubt. 
5. There seems to be a nexus between terrorism, drugs, smuggling, and politicians, a fact which was emphasized in the Vohra Committee Report. 

2.2 Corruption has flourished because one does not see adequately successful examples of effectively prosecuted cases of corruption. Cases, poorly founded upon, half-hearted and incomplete investigation, followed by a tardy and delayed trial confluence a morally ill-deserved but a legally inevitable acquittal. 

The acceptance of corruption as an inexorable reality has led to silent reconciliation and resignation to such wrongs. There needs to be a vital stimulation in the social consciousness of our citizens – that is neither has a place in the personal nor social ª. It is true that the present process of withdrawing the State from various sectors in which it should have never entered or in which it is not capable of performing efficiently may reduce the chances of corruption to some extent but even if we migrate to a free market economy, there has to be regulation of economy as distinct from restrictions upon the industrial activity. The requirements of governance would yet call for entering into contracts, purchases and so on. 

Role of citizen/common man in reducing corruption?

1. acceptance of corruption as an inexorable reality has led to silent reconciliation and resignation to such wrongs. There needs to be a vital stimulation in the social consciousness of our citizens

2. Combating corruption in the region is not just about punishing corrupt politicians and bureaucrats but about saving human lives. There are two dimensions of corruption. One is the exploitative corruption where the public servant exploits the helpless poor citizen. The other is collusive corruption where the citizen corrupts the public servant by a bribe because he gets financially better benefits. Collusive corruption depends on black money

Role of State ?

1.withdrawing the State from various sectors in which it should have never entered or in which it is not capable of performing efficiently may reduce the chances of corruption to some extent

2.Reducing the chances of corruption.

3.Inadequacies in the criminal judicial system have to be redressed.

4.through transparent competition and on merit

Public servant
 lack of transparency, nepotism and arbitrariness

"Discipline is more important in combating corruption"?

2.3 The Scandinavian economist-sociologist, Gunnyar Myrdal, had described the Indian society as a ‘soft society’. He also clarified what the expression ‘soft society’ means. According to him, a soft society is: (a) one which does not have the political will to enact the laws necessary for its progress and development and/or does not possess the political will to implement the laws, even when made, and (b) where there is no discipline. In fact, he has stressed the second aspect more than the first. According to him, if there is no discipline in the society, no real or meaningful development or progress is possible. It is the lack of discipline in the society - which expression includes the administration and structures of governance at all levels - that is contributing to corruption. 

Corruption and indiscipline feed upon each other. One way of instilling the discipline among the society may be to reduce the chances of corruption and to deal with it sternly and mercilessly wherever it is found. For this purpose, the inadequacies in the criminal judicial system have to be redressed. Corruption is also anti-poor. Take, for example, the Public Distribution System (PDS) and the welfare schemes for the poor including Scheduled Castes (SCs) and Scheduled Tribes (STs). It is well-known that a substantial portion of grain, sugar and kerosene oil meant for PDS goes into black-market and that hardly 16% of the funds meant for STs and SCs reach them – all the rest is misappropriated by some of the members of the political and official class and unscrupulous dealers and businessmen. 

Certain measures required to be taken for ensuring probity in governance:

Need for enforcing section 5 of the Benami Transactions (Prohibition) Act, 1988:

Misfeasance in Public Office – A Remedy

Necessity for a law providing for confiscation of illegally acquired assets of public servant

Strengthening of the Criminal Judicial System 

Ethics in corruption

nepotism, bribery, and extortion.

This includes acts like bribery, illegal campaign contributions, laundering of funds, consumer frauds, environmental pollution, price fixing, embezzlement, income-tax fraud, and computer break-ins.

three categories of corruption, incidental or individual; institutional; systemic or societal. Incidental or individual corruption compares with what Tanzi describes as petty corruption whereas systemic corruption would be closely associated with fraud or grand corruption. Systemic or entrenched corruption describes a situation where major institutions and processes of the state are routinely dominated and used by corrupt people and where many citizens have few practical alternatives to dealing with corrupt officials. This type of corruption features in societies characterized by low political competition, low and uneven economic growth, a weak civil society and an absence of institutional control mechanisms
According to the normative ethics literature, most decisionmakers rely on notions of consequences when faced with ethical dilemmas. Ferrell, Fraedrich and Ferrell (2002) refer to two main teleological principles, utilitarianism and egoism

Probity in Private organisation

1. Recruitment
2. Tender process- transparent and open; where bids are assessed on their merits. Potential and actual bidders are treated equally and impartially
3. Conduct of board members

                  Conflict of interest Policy – This identifies what could constitute a conflict of interest and applies to all who influence decisions. Its purpose is to ensure that decision-making is independent and in the best interests of the organisation.

                  Declaration of Interest form – Board members complete the form annually, identifying commercial interests, membership of, or employment by, organisations where potential competing interests could exist. 

                  Code of Conduct – This set of standards describes behaviour and ethics reasonably expected of Board members, staff and volunteers. It relates to personal behaviour, use of the organisation’s information and documents, fraudulent and corrupt actions. The code would be signed by all Board members, staff and volunteers on joining the organisation. 

                  Delegations Chart – Delegations of authority establish who is empowered to make decisions or take action on behalf of an organisation. Delegations must be supported by policy and can be rescinded if necessary

Probity in Judiciary 
judiciary is the last hope for a victim or an accused who has been framed. I would expect the same of the police and the medical profession. Neither can deviate from ethics without causing harm to society.

• Judge hearing case related to him- conflict of interest
• Corruption in judgements, promotions

Solutions:

• internal safeguards that will not permit such misconduct.
• NJAC

Technology as tool for probity in governance/Egovernance
Reducing he people to people to contact reduces the chances of corruption

1. Computerisation for approvals
2. E-tenders and bidding process
3. DBT of Funds
4. examples................... pds reforms in chattisgarh, e-seva in andhra pradesh, bhoomi project in karnataka, e-nam in karnataka, e-registration in Bihar, 
5. for govermnet ot citizen interaction mygov, 
6. for govt to govt pragati program, Jam useful ness,

Why Quality of Service Delivery needed?

The Golden Rule (which can be considered a law of reciprocity in some religions) is the principle of treating others as one would wish to be treated. It is a maxim that is found in many religions and cultures.^[1][2] The maxim may appear as either a positive or negative injunction governing conduct:

• One should treat others as one would like others to treat oneself (positive or directive form).
• One should not treat others in ways that one would not like to be treated (negative or prohibitive form).^[1]
• What you wish upon others, you wish upon yourself (empathic or responsive form).^[1]

The Golden Rule differs from the maxim of reciprocity captured in do ut des—"I give so that you will give in return"—and is rather a unilateral moral commitment to the well-being of the other without the expectation of anything in return

link: https://selfstudyhistory.com/2015/04/08/gs-paper-4-quality-of-service-delivery/

Examples

1.Allocation of coal blocks and spectrum in transparent manner

2.police force for being perceived as principal violators of the law, exhibiting rude behaviour, abusive language, lack of professionalism

3. Principal of a CBSE school getting bribe for admission under SC/ST quota

For Case studies

Use the highlighted words/phrases/sentences along with your answer.