CONSTITUTIONAL MORALITY, CONFLICT OF INTEREST AND PROBITY IN PUBLIC LIFE - ETHICS
Constitutional
morality:
●
Constitutional morality means adherence to
the core principles of constitutional democracy.
●
Constitutional morality is not limited
only to following the constitutional provisions literally but is based on
values like individual autonomy and liberty; equality without discrimination;
recognition of identity with dignity; the right to privacy.
●
For
Example:
○
In Supreme
Court’s Sabarimala verdict religious freedom, gender equality and the right
of women to worship guaranteed under Article 14, 21 and 25 of the Constitution
was reinstated which struck down the practice of banning entry of women of a
certain age to the Sabarimala temple in Kerala as unconstitutional.
Constitutional morality here went against social morality that discriminates
against women based on biological reasons like menstruation.
○
In the Naz Foundation case, the Supreme Court opined that only
Constitutional Morality and not Public Morality should prevail in
decriminalization of same sex marriages.
Conflict
of interest:
●
Conflict of interest situation arises when
there is an actual or apparent conflict between public duty and private
interest of a public official.
●
In such a situation, an official's private
interests could improperly influence the performance of official duties.
Conflict of interest reduces public trust and confidence in the integrity and
impartiality of public functionaries.
●
For
example:
○
Public servants in charge of giving out
contracts for a certain project will face a conflict of interest if one of the
applicants is a relative or friend.
○
In land acquisition cases, a civil servant
may prefer not to harm scheduled tribes (because of his personal morality which
is being compassionate to tribes) but due to pressure from higher authority he
will have to evict them from their lands.
Probity
in Public life:
●
Probity in public life means the observance of virtues [high moral and
ethical standards] by civil servants in all aspects of public duties and
responsibilities.
●
Civil servants in public life are expected
to act with honesty, integrity, fairness, and transparency. That's why it is
very important for civil servants to have probity in public life.
●
For
example:
○
B.
Chandrakala, the District Magistrate of Bulandshahr
is famous for taking tough stands against illegal practices. She has always
spoken against corrupt officers and even got transferred from her earlier
posting because she refused to accept the wrong doings going on. She never
hesitates in publicly exposing those people who are not doing justice to their
jobs.
○
Satyendra
Dubey, an Indian Engineering Services officer, was Project
Director in the National Highways Authority of India (NHAI) at Koderma in
Jharkhand where he was working on the Golden Quadrilateral Project. He showed
extraordinary courage in exposing serious financial irregularities and exposed
many corrupt practices in the industry.