HPAS 2024 Mains GS-2 Question 4
Explain the main recommendations of the Second Administration Reform Commission on Ethics in Governance in India.
Solution:
The Second Administrative Reforms Commission (ARC), chaired by Veerappa Moily, dedicated its Fourth Report entirely to “Ethics in Governance.” It argued that while laws are essential, an ethical framework is the soul of a transparent and accountable democracy.
1. Legal and Constitutional Reforms
The Commission suggested vital changes to existing laws to deter corruption:
- Prevention of Corruption Act (PCA): Inclusion of “collusive bribery” as a serious offense. It also recommended that the burden of proof in cases of disproportionate assets should be on the public servant.
- Article 311: The Commission suggested a review of the constitutional protection given to civil servants to make it easier to penalize corrupt or incompetent officials.
- Special Courts: Speedy trials of corruption cases through the establishment of dedicated special courts.
2. Institutional Mechanisms
- Lokayukta: States should move toward a uniform Lokayukta system with independent powers of investigation to check corruption at high political offices.
- Electoral Reforms: Strict checking of criminalization of politics. It suggested that political parties should be brought under the RTI Act and that candidates should be disqualified for filing false affidavits.
- Whistleblower Protection: Strengthening legislation to protect individuals who expose corruption within the government.
3. Behavioral and Procedural Reforms
“Ethics is not just about avoiding what is wrong, but doing what is right.” The ARC emphasized a shift from “compliance-based ethics” to “integrity-based ethics.”
- Code of Ethics: Moving beyond a “Code of Conduct” (which is prohibitive) to a Code of Ethics (which is aspirational), outlining values like integrity, impartiality, and empathy.
- Social Audit: Making social audits mandatory for all major social sector programs to ensure public accountability at the grassroots.
- Citizens’ Charters: Making them legally enforceable and including a provision for compensation to citizens in case of service failure.
4. Ethical Infrastructure in Local Bodies
The Commission noted that corruption at the cutting-edge level (Panchayats and Municipalities) affects the poor the most. It suggested local level Ombudsmen to oversee the functioning of PRIs and Urban Local Bodies.
Concise Model Answer (150-Word Limit)
The Second ARC’s Fourth Report on “Ethics in Governance” provides a roadmap to eliminate corruption and promote integrity. Its main recommendations focus on structural and cultural shifts in administration.
Key Recommendations:
- Legal Strengthening: Amending the Prevention of Corruption Act to penalize collusive bribery and making “Social Audit” mandatory for welfare schemes.
- Institutional Oversight: Establishing a robust **Lokayukta** system and ensuring Whistleblower Protection to safeguard those exposing systemic rot.
- Code of Ethics: Transitioning from a negative “Code of Conduct” to a positive **”Code of Ethics”** for ministers and civil servants, emphasizing values over mere rules.
- Electoral Integrity: Disqualifying candidates for serious criminal charges and bringing political parties under the ambit of transparency.
By focusing on citizen empowerment through enforceable Citizens’ Charters and reducing discretionary powers, the Second ARC aims to move India toward “Maximum Governance” rooted in ethical values.