2. Jeremy Bentham, Principles of
Morals and Legislation (1780)
One familiar way to think about the right thing
to do is to ask what will produce the greatest
amount of happiness for the greatest number
of people. This way of thinking about morality
finds its clearest expression in the philosophy
of Jeremy Bentham (1748-1832). In his
Introduction to the Principles of Morals and
Legislation (1780), Bentham argues that the
principle of utility should be the basis of
morality and law, and by utility he
understands whatever promotes pleasure and
prevents pain. Is the principle of utility
the right guide to all questions of right and
4. J.S. Mill, Utilitarianism (1863)
Jeremy Bentham’s (1748-1832) principle of utility
is open to the objection that it may well sacrifice
the rights of the minority for the sake of the
happiness of the majority. John Stuart Mill (1806-
1873), himself a utilitarian, sought to rescue
utilitarianism from this and other objections. In
his essay Utilitarianism, Mill argues that respect
for individuals rights as “the most sacred and
binding part of morality” is compatible with the
idea that justice rests ultimately on utilitarian
considerations. But is Mill right to be confident?
Can the principle of utility support the notion that
some rights should be upheld even if doing so
makes the majority very unhappy?
6. Cases
There are times when the only way to prevent
harm to a large number of people is to harm a
smaller number of people. Is it always
permissible to harm a smaller number in order
to prevent harm to a large number?
Suppose you are driving through a narrow
tunnel and a worker falls onto the road in front
of you. There is not enough time for you to
stop. If you keep straight, you will hit the
worker and kill him, but if you swerve left into
oncoming traffic, you will collide with a school
bus and kill at least five children. What’s the
right thing to do? Does utilitarianism have the
7. Cases
Ten thousand innocent civilians live next to a
munitions factory in a country at war. If you bomb
the factory, all of them will die. If you don’t bomb
the factory, it will be used to produce bombs that
will be dropped on fifty thousand innocent
civilians in another country.
What’s the right thing to do?Suppose a man has
planted a bomb in New York City, and it will
explode in twenty-four hours unless the police are
able to find it. Should it be legal for the police to
use torture to extract information from the
suspected bomber?Now suppose the man who
has planted the bomb will not reveal the location
unless an innocent member of his family is
tortured. Should it be legal for the police to torture
innocent people, if that is truly the only way to
discover the location of a large bomb?
8. Cases
Suppose you find yourself in a
situation in which killing an innocent
person is the only way to prevent
many innocent people from dying.
What’s the right thing to do? This
question arose in The Queen v.
Dudley and Stephens (1884), a
famous English law case involving
four men stranded in a lifeboat
without food or water. How should we
judge the action of Dudley and
10. Ford Pinto Case
Costs Benefits
$11 per part *12.5 million cars
leads to a cost of $137 million to
improve safety
180 deaths *$200000+180 injuries
*$67000 +2000 vehicles *$700 so
the benefits accumulated to $49.5
million
11. Philip Morris Study
Costs Benefits
Deaths by smoking Tax revenues from
cigarettes sales
Increased Health
care costs
People Die early ,
Pension sayings ,
saving housing costs
Overall net gain if
citizens smoke is 147
million dollars
12.
13. Telling the Truth
The principle of utility tells us to do whatever
is necessary to minimize pain and
unhappiness, but pain and unhappiness have
many sources. There are times when telling
people the truth would make them very
unhappy. Should you lie to a person whenever
lying is the only way to spare his or her
feelings and prevent unhappiness?
14. Living Your Life
The principle of utility says that we should always
maximize happiness. It does not matter whether
we are deciding on the laws of our country as
citizens and officials, or whether we are deciding
what to do in our own private lives. In every
possible case, the principle of utility tells us to
choose the course of action that will produce the
greatest amount of happiness. Is that right?
15. Thrown To The Lions
Consider the example, of the Romans throwing
Christians to lions in the Coliseum. If enough
cheering spectators derive great pleasure from
this violent practice, are there any grounds on
which a utilitarian could condemn it?
16. Libertarians
Utilitarian's think that the right thing to do is whatever
produces the greatest amount of happiness. Libertarians
disagree. They think that we must never violate anyone’s
rights—even if doing so would increase overall happiness.
According to libertarians, the greatest threat to individual
rights comes from the government. You should be able to
drive without a seat belt if you want. The government has no
business giving you a ticket. That’s unacceptably
paternalist. And if you want to use drugs or engage in
deviant sexual practices, you should be free to do so,
provided you don’t violate anyone else’s rights in the
process.
The government has no business passing moralistic
legislation. It shouldn’t tell you how to live your life. Most
importantly, the government should never tax for
redistributive purposes. Redistributive taxation is theft.
Taking your earnings and giving it to other people is like
forcing you to work for those people. Libertarians say it’s
almost like slavery. Libertarians make strong claims. But are
they right about rights?
17. Cases
Is it unjust for the government to require
people to wear seat belts and to prohibit them
from engaging in other self-endangering
activities? What if we know that many more
people will die without such legislation?
Should people be free to hurt or kill
themselves, provided their actions do not
violate anyone’s else rights?
Should the government legalize narcotics?
After all, some adults want to use drugs
privately.
Should the government legalize prostitution?
After all, some adults want to buy and sell
sex.
18. Cases
Should the government impose
occupational safety standards? What
if employers refuse to spend money
on safety measures, and some
desperately poor people would agree
to work in dangerous conditions.
Should the government prohibit
certain contracts that some workers
and employers would be willing to
make, and insist on safe working
conditions?
19. Cases
Is it just to tax the rich to pay for public
services? Should the government tax Bill
Gates and other wealthy people and use the
money to pay for public schools, hospitals,
roads, parks, fire departments, and police
departments, or would all of that be unjust?
Is it just to tax the rich to give to the poor?
Should the government tax Bill Gates and
other wealthy people and use the money to
supplement the income of unemployed
people, single mothers with low incomes, or
other poor people? Should the government
tax rich people and loan the money, interest-
free, to poor kids so that they can go to
college? Would all of that be unjust? Why?
20. John Locke, Second Treatise of
Government (1690)
In his Second Treatise of
Government, John Locke (1632-1704)
argues that legitimate government is
a limited government based on
consent, in which the majority rules
but may not violate people’s
fundamental rights. At first glance,
Locke’s theory may seem familiar,
but it also conceals some puzzling
questions.
21. On Locke’s view, a legitimate
government may not violate our
natural right to life, liberty, and
property. But Locke allows that
government may legitimately take our
property through taxation and require
citizens to sacrifice their lives in war.
What do you think : If government
may do these things, then what
counts as a law that violates our
rights?
26. Locke
Freedom, equality, property
rights, and government by
consent—each of these ideas
figures prominently in
contemporary political thought.
And each idea was central to the
political thought of John Locke.
27. Locke thought that people have
certain unalienable rights, which they
can never give away. He thought that
people were by nature free and equal,
that private property was the
extension of a man’s labor, and that
government must be limited and
founded on consent.
What do you think ? Did Locke get it
right? Did he come to the right
answer for the right reasons?
28. Cases
According to Locke, we are born with an
“unalienable right” to life, which no
government may take away arbitrarily.
However, for Locke, the existence of this right
does not mean that the death penalty is
always impermissible. Is Locke right to think
that the unalienable right to life is compatible
with some types of capital punishment?
29.
30. A case for Euthanasia
According to Locke, your natural right to life
is “unalienable”: you must never give it up,
and therefore you must never commit suicide.
Is he right? Is it morally wrong to commit
suicide, even if one is terminally ill and in
endless pain?
31. Govt. not in favour of euthanasia,
says Azad -14 august 2013
32. Immanuel Kant, Groundwork for
the Metaphysics of Morals (1785)
A brief overview of the reading: The
Groundwork for the Metaphysics of Morals
(1785) by Immanuel Kant (1724-1804) is
one of the most important works of moral
philosophy ever written. In
the Groundwork, Kant argues that morality
is based neither on the principle of utility,
nor on a law of nature, but on human
reason. According to Kant, reason tells us
what we ought to do, and when we obey
our own reason, only then are we truly
free.
33. According to Kant, the goal of
morality is freedom. But for Kant,
freedom is not just doing
whatever you want. It’s living by
your own reason. Brainwashing,
advertising, cravings, and
desires—all of these make you
unfree.
35. Kant vs. the others
According to utilitarian's, the right thing to do
is always to maximize happiness. Libertarians
think that the right thing to do is most often to
let people do whatever they want. John
Locke’s theory says that there are unalienable
rights, afforded to every human being by the
“law of nature.”
The philosopher Immanuel Kant thought that
each of these views was mistaken. Against the
utilitarian's, Kant held that freedom—and not
happiness—is the goal of morality; against the
libertarians, Kant denied that freedom is doing
whatever one wants; and against Locke, he held
that morality, duty, and rights have their basis in
human reason, not in a law of nature.
36.
37. More on Kant
According to Kant, morality is doing
the right thing just because you know
it’s the right thing. Is that true? Kant
imagines a shopkeeper who does not
overcharge his customers only
because he fears that word of his
dishonesty will spread and he’ll lose
money. Kant thinks there’s nothing
morally worthy about his action; his
honesty is mere prudence, mere
selfishness. Do you agree?
38. Kant imagines a second person, who is
naturally sweet and kind and loving.
She always does the right thing—but
only because being good brings her
pleasure. Kant thinks that her actions
are not really moral because, like the
actions of the prudent shopkeeper, they
aim at personal pleasure. Sure, it’s a
good thing that she wants to help
people, but Kant thinks there is no deep
reason to admire her. Do you agree?
39.
40. Kant also thinks the naturally kind person is
not really moral because she acts out of habit.
According to Kant, habits can be useful, but
not moral. Is that right? Is your childhood
education really just a kind of conditioning
and not really moral? What is moral character,
anyway? Is it what you tend to do, or is it
your attitude?
Suppose that Surinder is always up to mischief,
but Aanchal is always there to stop it. As a result,
Surinder tends to do the right thing. But he
always wants to do the wrong thing. Is Surinder
moral?
Kant thinks that morality is a kind of law;
everyone has to obey it. Therefore, he thinks it
must be the case that everyone could obey it.
This is his test for morality. According to Kant,
your action is moral only if it’s done from a
motive that everyone else could act on at the
41. Kant thinks that every rational human being
has dignity, and that everyone’s worth is
infinite. Is that true? Do murderers have
dignity? (Kant thinks they do, because they
have the capacity to choose to do the right
thing.)
If all people have dignity and infinite worth,
then how do we make choices about life and
death? Suppose we have to choose between
repairing a road in Boston and vaccinating
children in Toledo. If we repair the road, ten
fewer children will die in car accidents in
Boston. If we vaccinate, twenty children will
be saved in Toledo. If everyone
has infinite worth, how do we choose? What
42. “The principles of justice are chosen
behind a veil of ignorance.”
― John Rawls
43. John Rawls, A Theory of Justice
(1971)
In A Theory of Justice (1971), the
American political philosopher
John Rawls (1921-2002) offers a
novel version of the social
contract. He argues that the way
to think about justice is to ask
what principles we would agree
to if we did not know our place in
society, our class, race, gender,
44. If we thought about justice
without knowing whether we
would be rich or poor, healthy or
frail, a banker or a bus driver, we
would adopt a system of equal
basic liberties for all citizens, and
accept only those inequalities in
income and wealth that work to
the advantage of the least well-
45. Rawls
What is justice? According to John Rawls,
principles of justice are whatever principles
would be agreed to behind a “veil of
ignorance,” where no one knows his or her
age, sex, race, intelligence, strength, social
position, family wealth, religion, or even life
goals.
If we were unaware of these particular facts about
ourselves, we would not propose social rules
designed to give ourselves an unfair advantage
over other people. Therefore, according to Rawls,
the principles we would agree to behind a veil of
ignorance would be fair and just.
46. “Each person possesses and inviolability founded
on justice that even the welfare of society as a
whole cannot override. For this reason, justice
denies that the loss of freedom for some is made right
by a greater good shared by others. It does not allow
that the sacrifices imposed on a few are outweighed
by the larger sum of advantages enjoyed by many.
Therefore in a just society the liberties of equal
citizenship are taken as settled; the rights secured
by justice are not subject to political bargaining or
to the calculus of social interests. The only thing
that permits us to acquiesce in an erroneous theory is
the lack of a better one; analogously, an injustice is
tolerable only when it is necessary to avoid an even
greater injustice. Being first virtues of human
activities, truth and justice are uncompromising.”
― John Rawls
47.
48.
49.
50. Discussion Questions
If an agreement is entered into voluntarily, is it
necessarily fair?
Suppose you own a leaky toilet, and a
plumber tells you that it will cost 2000
to repair. You agree to this price, not
knowing that the usual price for the
same type of repair is 200. Is the
contract between you and the
plumber voluntary? Is the contract
fair?
51. Suppose a man comes to your door and asks
you to buy a newspaper subscription at a
discounted price. You do not particularly
enjoy the newspaper he’s selling, but you
have heard from your neighbors that the man
will make a habit of stealing your mail out of
spite if you refuse to buy a subscription.
Reluctantly, you agree to buy a subscription,
at a discounted price. Is the contract
voluntary? Is it fair?
52. Aristotle, The Politics
Many rights-oriented philosophers believe that
distributive justice is not a matter of rewarding
virtue or moral desert, and that the measure of a
just society is not whether it produces virtuous
citizens, but whether it provides a fair
framework of rights within which individuals
can pursue their own values. Aristotle (384-322
BC) rejects both of these beliefs. He believes
that justice consists in giving people what
they deserve, and that a just society is one
that enables human beings to realize their
highest nature and to live the good life. For
Aristotle, political activity is not merely a way to
53. What’s the purpose ??
Aristotle focus on the telos or
the goal or the end point
He answers a question on
justice on the basis of the
purpose of a thing
54.
55.
56.
57.
58. The Constitution (117th
Amendment) Bill, 2012
The Constitution (One Hundred Seventeenth
Amendment) Bill, 2012 was introduced in the
Rajya Sabha on September 5, 2012 by Mr. V
Narayansamy, Minister of State for Personnel,
Public Grievances and Pensions.
In 1992, the Supreme Court in the case of Indira
Sawhney v Union of India had held reservations in
promotions to be unconstitutional. Subsequently
in 1995, the central government had amended the
Constitution and inserted Article 16(4A). This
provided for reservation in promotions for
Scheduled Castes and Scheduled Tribes which in
the opinion of the state are not adequately
represented in the services.
59. In 2006, the Supreme Court in the case of
M. Nagraj v Union of India upheld the
constitutional validity of the
amendment. While upholding the validity
of the amendment, the court held that
before framing any law on this issue, the
state will have to satisfy the test of; (a)
backwardness of the particular SC and ST
group; (b) inadequate representation of the
said group; and (c) efficiency of
administration
60. In 2006, the Supreme Court in the case of
M. Nagraj v Union of India upheld the
constitutional validity of the
amendment. While upholding the validity
of the amendment, the court held that
before framing any law on this issue, the
state will have to satisfy the test of; (a)
backwardness of the particular SC and ST
group; (b) inadequate representation of the
said group; and (c) efficiency of
administration.
61. In April 2012, the Supreme Court struck down the UP
Government Seniority Rules which provided for
reservations in promotions. The court held that the
state government had not undertaken any exercise to
identify whether there was backwardness and
inadequate representation of Scheduled Castes and
Scheduled Tribes in the state government.
In light of the recent judgment of the Supreme Court,
the central government has introduced the present Bill
amending the Constitution. The Bill seeks to
substitute Article 16(4A) of the Constitution of India.
The Bill provides that all the Scheduled Castes and
Scheduled Tribes notified in the Constitutional shall
be deemed to be backward.
62. Affirmative Action
Is affirmative action equally acceptable in
elementary school, college, and graduate
school?
Is affirmative action equally acceptable
when picking candidates for government
jobs, when picking candidates for private
sector jobs, and when choosing who will
receive government income support?
Which wrongs are sufficiently important to
justify using affirmative action to redress
them?
63. “The natural distribution is neither just nor
unjust; nor is it unjust that persons are born
into society at some particular position. These
are simply natural facts. What is just and
unjust is the way that institutions deal with
these facts.”
― John Rawls, A Theory of Justice
64.
65. CCS Conduct rules basics
Rule 3- Every Government
servant shall at all times--
(i) maintain absolute integrity;
(ii) maintain devotion to duty;
and
(iii) do nothing which is
unbecoming of a Government
servant.
66. 3A. Promptness and Courtesy
No Government servant shall
(a) in the performance of his official
duties, act in a discourteous
manner;
(b) in his official dealings with the
public or otherwise adopt dilatory
tactics or wilfully cause delays in
disposal of the work assigned to
him.
67. 3B. Observance of Government's
policies
Every Government servant shall, at
all times-
(i) act in accordance with the
Government's policies regarding
age of marriage, Preservation of
environment,protection of wildlife
and cultural heritage;
(ii) observe the Government's policies
regarding prevention of crime
against women.
68. 3C. Prohibition of sexual
harassment of working women
(1) No Government servant shall
indulge in any act of sexual
harassment of any women at
her work place.
(2) Every Government servant
who is incharge of a work place
shall take appropriate steps to
prevent sexual harassment to
69. Explanation - For the purpose of this rule,
"sexual harassment" includes such
unwelcome sexually determined behaviour,
whether directly or otherwise, as --
(a) physical contact and advances;
(b) demand or request for sexual favours;
(c) sexually coloured remarks;
(d) showing any pornography; or
(e) any other unwelcome physical, verbal or
non-verbal conduct of a sexual nature.
70. 4. Employment of near relatives of
Govt. servants in companies or
firms
(1) No Government servant shall use his
position or influence directly or indirectly to
secure employment for any member of his
family in any company or firm.
(2) (i) No Group ‘A’ officer shall, except with
the previous sanction of the Government,
permit his son,daughter or other dependant,
to accept employment in any company or firm
with which he has official dealings or in any
other company or firm having official dealings
with the Government:
71. Provided that where the acceptance of the
employment cannot await prior permission of the
Government or is otherwise considered urgent, the
matter shall be reported to the Government; and the
employment may be accepted provisionally subject to
the permission of the Government.
(ii) A Government servant shall, as soon as he
becomes aware of the acceptance by a member of his
family of an employment in any company or firm,
intimate such acceptance to the prescribed authority
and shall also intimate whether he has or has had any
official dealings with that company or firm:
Provided that no such intimation shall be necessary in
the case of a Group A officer if he has already
obtained the sanction of, or sent a report to the
Government under clause (i).
72. (3) No Government servant shall in the
discharge of his official duties deal with any
matter or give or sanction any contract to any
company or firm or any other person if any
member of his family is employed in that
company or firm or under that person or if he
or any member of his family is interested in
such matter or contract in any other manner
and the Government servant shall refer every
such matter or contract to his official superior
and the matter or contract shall thereafter be
disposed of according to the instructions of
the authority to whom the reference is made
73. 5. Taking part in politics and
elections
(1) No Government servant shall be a member of, or be
otherwise associated with, any political party or any
organisation which takes part in politics nor shall he take
part in, subscribe in aid of, or assist in any other manner,
any political movement or activity.
(2) It shall be the duty of every Government servant to
endeavour to prevent any member of his family from taking
part in, subscribing in aid of, or assisting in any other
manner any movement or activity which is, or tends directly
or indirectly to be, subversive of the Government as by law
established and where a Government servant is unable to
prevent a member of his family from taking part in, or
subscribing in aid of , or assisting in any other manner, any
such movement or activity, he shall make a report to that
effect to the Government.
(3) If any question arises whether a party is a political party
or whether any organisation takes part in politics or whether
any movement or activity falls within the scope of sub-rule
(2), the decision of the Government thereon shall be final.
74.
75. (4) No Government servant shall canvass or otherwise
interfere with, or use his influence in connection with or
take part in an election to any legislature or local authority:
Provided that -
(i) a Government servant qualified to vote at such election
may exercise his right to vote, but where he does so, he
shall give no indication of the manner in which he
proposes to vote or has voted;
(ii) a Government servant shall not be deemed to have
contravened the provisions of this sub-rule by reason only
that he assists in the conduct of an election in the due
performance of a duty imposed on him by or under any law
for the time being in force.
EXPLANATION- The display by a Government servant on
his person, vehicle or residence of any electoral symbol
shall amount to using his influence in connection with an
election within the meaning of this sub-rule.
76. 6. Joining of associations by
Government servants
No Government servant shall
join or continue to be a
member of, an association the
objects or activities of which
are prejudicial to the interests
of the sovereignty and
integrity of India, or public
order or morality.
77. 7. Demonstration and strikes
No Government servant shall -
(i) engage himself or participate in any
demonstration which is prejudicial to the
interests of the sovereignty and integrity of
India, the security of the state, friendly
relations with foreign States, public order,
decency or morality, or which involves
contempt of court, defamation or incitement
to an offence, or
(ii) resort to or in any way abet any form of
strike or coercion or physical duress in
connection with any matter pertaining to his
service or the service of any other
Government servant.
78. 8. Connection with press or other
media
(1) No Government servant shall, except with the
previous sanction of the Government, own wholly or in
part, or conduct or participate in the editing or
management of, any newspaper or other periodical
publication or electronic media.
(2) Nothing in sub-rule (1) shall apply in case a
Government servant in the bonafide discharge of his
official duties publishes a book or participates in a
public media.
(3) A Government servant publishing a book or
participating in a public media shall at all times make it
clear that the views expressed by him are his own and
not that of Government.
Government of India Instructions
(1) Participation in the A.I.R. Programmes and
receiving of honorarium therefor – permission not
necessary.
79. 9. Criticism of Government
No Government servant shall, in any radio
broadcast, telecast through any electronic
media or in any document published in his
own name or anonymously, pseudonymously
or in the name of any other person or in any
communication to the press or in any public
utterance, make any statement of fact or
opinion -
(i) which has the effect of an adverse criticism
of any current or recent policy or action of the
Central Government or a State Government
80. 11. Communication of Official
Information
Every Government servant shall, in performance
of his duties in good faith, communicate
information to a person in accordance with the
Right to Information Act, 2005 (22 of 2005) and the
rules made there under :
Provided that no Government servant shall,
except in accordance with any general or special
order of the Government or in
performance in good faith of the
duties assigned to him,
communicate, directly or indirectly, any official
document or any part thereof or classified
information to any Government servant or any
other person to whom he is not authorised to
communicate such document or classified
information."
81. 12. Subscriptions
No Government servant shall,
except with the previous sanction of
the Government or of the
prescribed authority, ask for or
accept contributions to, or
otherwise associate himself with the
raising of, any funds or other
collections in cash or in kind in
pursuance of any object
82. Gifts
(1) Save as provided in these rules, no Government
servant shall accept, or permit any member of his
family or any other person acting on his behalf to
accept, any gift.
EXPLANATION :- The expression "gift" shall include
free transport, boarding, lodging or other service or
any other pecuniary advantage when provided by any
person other than a near relative or personal friend
having no official dealings with the Government
servant.
NOTE (1) - A casual meal, lift or other social
hospitality shall not be deemed to be a gift -
NOTE (2) - A Government servant shall avoid
accepting lavish hospitality or frequent hospitality from
any individual, industrial or commercial firms,
organisations, etc., having official dealings with him.
83. (2) On occasions such as weddings, anniversaries,
funerals or religious functions, when the making of gift is in
conformity with the prevailing religious and social practice,
a Government servant may accept gifts from his near
relatives or from his personal friends having no official
dealings with him, but shall make a report to the
Government, if the value of such gift exceeds -
(i) rupees seven thousand in the case of a Government
servant holding any Group 'A' post;
(ii) rupees four thousand in the case of a Government
servant holding any Group 'B' post;
(iii) rupees two thousand in the case of a Government
servant holding any Group 'C' post; and
(iv) rupees one thousand in the case of a Government
servant holding any Group 'D' post.
84. (3) In any other case, a Government servant shall not accept any
gift without the sanction of the Government if the value thereof
exceeds-
(i) rupees one thousand five hundred in the case of Government
servants holding any Group "A" or Group "B" post; and
(ii) rupees five hundred in the case of Government servants
holding any Group "C" or Group "D" post.
(4) Notwithstanding anything contained in sub-rules (2) and (3), a
Government servant, being a member of the Indian delegation or
otherwise, may receive and retain gifts from foreign dignitaries if
the market value of gifts received on one occasion does not
exceed rupees one thousand. In all other cases, the acceptance
and retention of such gifts shall be regulated by the instructions
issued by the Government in this regard from time to time.
(5) A Government servant shall not accept any gifts from any
foreign firm which is either contracting with the Government of
India or is one with which the Government servant had, has or is
likely to have official dealings. Acceptance of gifts by a
Government servant from any other firm shall be subject to the
provisions of sub-rule (3).
85.
86. 13-A. Dowry
No Government servant shall-
(i) give or take or abet the giving or taking of
dowry; or
(ii) demand directly or indirectly, from the parent
or guardian of a bride or bridegroom, as the case
may be, any dowry.
Explanation:- For the purposes of this rule,
‘dowry’ has the same meaning as in the Dowry
Prohibition Act, 1961(28 of 1961)
87.
88. 14. Public demonstrations in
honour of Government servants
No Government servant shall, except with the
previous sanction of the Government, receive any
complimentary or valedictory address or accept
any testimonial or attend any meeting or
entertainment held in his honour; or in the honour
of any other Government servant
89. 15. Private trade or
employment
(1) Subject to the provisions of sub-rule (2), no
Government servant shall, except with the previous
sanction of the Government-
(a) engage directly or indirectly in any trade or business, or
(b) negotiate for, or undertake, any other employment, or
(c) hold an elective office, or canvass for a candidate or
candidates for an elective office, in any body, whether
incorporated or not, or
(d) canvass in support of any business of insurance
agency, commission agency, etc., owned or managed by
any member of his family, or
(e) take part except in the discharge of his official duties, in
the registration, promotion or management of any bank or
other company registered or required to be registered,
under the Companies Act, 1956 (1 of 1956) or any other
law for the time being in force, or of any co-operative
90. (f) participate in or associate himself in any
manner in the making of-
(i) a sponsored media (radio or television)
programme; or
(ii) a media programme commissioned by
Government media but produced by a private
agency; or
(iii) a privately produced media programme
including video magazine:
Provided that no previous permission shall be
necessary in case where the Government servant
participates in a programme produced or
commissioned by Government media in his
official capacity.
91. (2) A Government servant may, without the previous sanction of
the Government,-
(a) undertake honorary work of a social or charitable nature, or
(b) undertake occasional work of a literary, artistic or scientific
character, or
(c) participate in sports activities as an amateur, or
(d) take part in the registration, promotion or management (not
involving the holding of an elective office) of a literary, scientific
or charitable society or of a club or similar organisation, the aims
or objects of which relate to promotion of sports, cultural or
recreational activities, registered under the Societies Registration
Act, 1860 (21 of 1860), or any other law for the time being in
force, or
(e) take part in the registration, promotion or management (not
involving the holding of elective office) of a co-operative society
substantially for the benefit of Government servants, registered
under the Co-operative Societies Act, 1912 (2 of 1912), or any
other law for the time being in force:
92. Provided that -
(i) he shall discontinue taking part in such activities, if so directed
by the Government; and
(ii) in a case falling under clause (d) or clause(e) of this sub-rule,
his official duties shall not suffer thereby and he shall, within a
period of one month of his taking part in such activity, report to
the Government giving details of the nature of his participation.
(3) Every Government servant shall report to the Government if
any member of his family is engaged in a trade or business or
owns or manages an insurance agency or commission agency.
(4) Unless otherwise provided by general or special orders of the
Government, no Government servant may accept any fee for any
work done by him for any private or public body or any private
person without the sanction of the prescribed authority.
93. 15 A. Sub-letting and vacation of
Government accommodation.
(1) Save as otherwise provided in any other law
for the time being in force, no Government
servant shall sub-let, lease or otherwise allow
occupation by any other person of Government
accommodation which has been allotted to him.
(2) A Government servant shall, after the
cancellation of his allotment of Government
accommodation vacate the same within the time-
limit prescribed by the allotting authority.
94. 16. Investment, lending and borrowing
(1) No Government servant shall speculate in any
stock, share or other investment:
17. Insolvency and habitual indebtedness
A Government servant shall so manage his
private affairs as to avoid habitual indebtedness
or insolvency. A Government servant against
whom any legal proceeding is instituted for the
recovery of any debt due from him or for
adjudging him as an insolvent, shall forthwith
report the full facts of the legal proceedings to the
Government.
95. 18. Movable, immovable and
valuable property
(1) (i) Every Government servant shall on his first
appointment to any service or post submit a return of
his assets and liabilities, in such form as may be
prescribed by the Government, giving the full
particulars regarding -
(a) the immovable property inherited by him, or owned
or acquired by him or held by him on lease or
mortgage, either in his own name or in the name of
any member of his family or in the name of any other
person;
(b) shares, debentures and cash including bank
deposits inherited by him or similarly owned,
acquired, or held by him;
(c) other movable property inherited by him or
similarly owned, acquired or held by him; and
96. 20. Canvassing of non-official or
other outside influence
No Government servant shall bring or attempt to
bring any political or other outside influence to
bear upon any superior authority to further his
interests in respect of matters pertaining to his
service under Government.
97. 21. Restriction regarding
marriage
(1) No Government servant shall enter into, or
contract, a marriage with a person having a spouse
living; and
(2) No Government servant having a spouse living,
shall enter into, or contract, a marriage with any
person:
Provided that the Central Government may permit a
Government servant to enter into, or contract, any
such marriage as is referred to in clause (1) or clause
(2), if it is satisfied that -
(a) such marriage is permissible under the personal
law applicable to such Government servant and the
other party to the marriage; and
(b) there are other grounds for so doing.
98. 22. Consumption of intoxicating
drinks and drugs
A Government servant shall -
(a) strictly abide by any law relating to intoxicating
drinks or drugs in force in any area in which he
may happen to be for the time being;
(b) not be under the influence of any intoxicating
drink or drug during the course of his duty and
shall also take due care that the performance of
his duties at any time is not affected in any way
by the influence of such drink or drug;
(bb) refrain from consuming any intoxicating drink
or drug in a public place;
(c) not appear in a public place in a state of
intoxication;
(d) not use any intoxicating drink or drug to
100. 22-A. Prohibition regarding employment of
children below 14 years of age.
No Government servant shall employ to work any
child below the age of 14 years.
113. RTI –Right to Information Act
2005
What is it ??
Words of Wisdom –
Real Swaraj will not come by the acquisition of
authority of the few but by the acquisition of
capacity by all to resist authority when abused –
Mahatma Gandhi
114. Preamble of the RTI act 2005
“where as a democracy requires an informed
citizenry and transparency of information which
are vital to its functioning and also to contain
corruption and to hold Governments and its
instrumentalities accountable to the governed”
115. Democracy in absence of informed citizenry
,transparency and accountability is
Off the people
Buy the people
Far the people
116.
117. RTI ACT 2005
Whereas Democracy requires an
informed citizenry and transparency of
information which are vital to its
functioning and also to contain
corruption and to hold Governments and
their instrumentalities accountable to the
governed.
Freedom of Information laws have
existed since 1766, when Sweden
passed its Freedom of the Press Act,
granting public access to government
118. The US passed the Freedom of Information
Reform Act in 1966
Today RTI is operating in more than 82
countries in the world. More than 20 countries
are marching towards legislating
comprehensive laws to facilitate access to
information
In 1996, the draft Bill under the name of the
Freedom of Information Bill was submitted to
the Government of India. It became the Act in
2002,but never was notified
119. Meantime, many states made their own RTI Act:
Tamil Nadu (1996) Rajasthan & Karnataka (2000)
Delhi (2001) Assam & Maharashtra (2002)
Madhya Pradesh (2003) Jammu Kashmir (2004)
On June 15th, 2005, President APJ Abdul Kalam gave
his assent to the National Right to Information Bill
2005
The Act became operative from 12th October, 2005
The RTI Act is a tool helping to ensure rights already
promised in the Constitution
Article -19- Right to freedom of speech and
expression.
Article -21- Right to life and liberty.
120. “One man’s freedom of Information is another man’s
invasion privacy “.
What is NOT open to disclosure [section 8, items 10]
Includes
Any information which would prejudicially affect
The sovereignty and integrity of India,
The security, strategic, scientific or economic interests of
the state,
Relation with foreign state or
Lead to incitement of an offense.
Personal information
Information held in fiduciary relationship
LARGER PUBLIC INTEREST overrides many items of
exemption
121. What is RTI
Right to Information Act became effective on the 12th
October, 2005 which extends to the whole of India
except Jammu and Kashmir; where "Right to
information" means the right to information accessible
under this Act which is held by or under the control of
any public authority and includes the right to-
inspection of work, documents, records;
taking notes, extracts or certified copies of documents
or records;
taking certified samples of material;
obtaining information in the form of diskettes, floppies,
tapes, video cassettes or in any other electronic mode
or through printouts where such information is stored
in a computer or in any other device;
122. About RTI
A citizen has a right to seek such information from a public
authority which is held by the public authority or which is held
under its control.
Under the RTI Act only such information can be had which
already exists with the public authority; public authority under the
RTI Act is not supposed to create information; or to interpret
information; or to solve the problems raised by the applicants.
A citizen has a right to obtain information in the form of diskettes,
floppies, tapes, video cassettes or in any other electronic mode
or through print-outs.
The information to the applicant is ordinarily provided in the form
in which it is sought. However, if the supply of information sought
in a particular form would disproportionately divert the resources
of the public authority or may cause harm to the safety or
preservation of the records, supply of information in that form
may be denied.
The Act gives the right to information only to the citizens of India.
It does not make provision for giving information to Corporations,
Associations, Companies etc. which are legal entities/persons,
but not citizens.
123. Scope of the ACT
The RTI Act, 2005 extends to the whole of India
except Jammu and Kashmir where J&K Right to
Information Act is in force. It is applicable to:
Central, State and Local Governments.
All bodies owned, controlled or substantially financed
by these governments.
NGOs financed directly or indirectly by appropriate
government funds.
Executive, Judiciary and legislature wings.
The Act applies to all States and Union Territories of
India, except the State of Jammu and Kashmir - which
is covered under a State-level RTI law.
124. Objective of the ACT
The basic objective of the Right to Information Act
is to empower the citizens, promote transparency
and accountability in the working of the
Government, put an end to corruption, and make
our democracy work for the people in real sense.
125. What is PIOs
Public Information Officers (PIOs) are the government officers
who act as a point of contact in every Government Department,
and who are supposed to correspond with the people who willing
to seek any information. PIOs are the representative of certain
governmental organizations which can include city, county,
school district, state government and police departments. PIOs
receive applications from the people; they gather the information
from the respective Department and then dispatch that
information to the applicant. They can be classified under two
groups:
Central Public Information Officers (CPIOs) - Officers who
correspond to questions asked to any central authority.
State Public Information Officers (SPIOs) – Officers who
correspond to questions asked to any state authority.
The CPIO or PIO, as the case may be, is required to provide the
information to the information seeker within 30 days of receipt of
valid application. If the information sought for concerns the life
and liberty of a person, the information shall be provided within
48 hours of the receipt of the request.
126. Penalties on the PIO in case
information is the not provided in
stipulated time
If the concerned PIO does not provide information
in time, complaints can be filed against him for
violation of the Act to Information Commission,
which can impose penalties. These penalties
amount to Rs. 250 per day of delay and if the
information provided is false, a penalty of a
maximum of Rs. 25,000 can be imposed. A
penalty can also be imposed for providing
incomplete information or for rejecting application
for irrelevant reasons. This fine is deducted from
the officer's personal salary.
127. CIC
In case, a person has been denied any information
that he/she asked for, he/she may file
Appeal/Complaint before the Central Information
Commission (CIC) or State Information Commission
(SIC), as the case may be. It shall be duty of the
Central Information Commission or State Information
Commission to receive and inquire into a complaint
from any person.
Note : The applicant are required to send a demand
draft or a banker's cheque or an Indian Postal Order
of Rs. 10/- (Rupees ten) along with the application,
payable to the Accounts Officer of the public authority
as fee prescribed for seeking information.
The payment can also be made by the way of cash to
the Accounts Officer of the public authority or to the
CPIO/ PIO against proper receipt.
128. Any more fees to be paid
Yes, the applicant if required to pay further fees towards the cost
of providing the information, details of which are intimated by the
CPIO/PIO. Rates of fee as prescribed in the Rules are given
below:
Rupees two ( Rs. 2/-) for each page (in A-4 or A-3 size paper)
created or copied;
Actual charge or cost price of a copy in larger size paper;
Actual cost or price of samples and models;
For inspection of records, Rs. 5/- per hour with no fee to be paid
for the first hour; and a fee of rupees fifty (Rs. 50/-) per diskette
or floppy; and
For information provided in printed form at the price fixed for
such publication or rupees two per page of photocopy for
extracts from the publication.
In case the applicant belong to below poverty line (BPL)
category, he is not required to pay any fee. However, he should
submit a proof in support of his claim to belong to the below
poverty line.
129. Exclusions
The right to seek information from a public
authority is not absolute. Sections 8 and 9 of the
Act specify the categories of information which
are exempt from disclosure. At the same time
Schedule II of the Act lists the names of the
Intelligence and Security Organizations which are
exempt from the purview of the Act.
However the applicants can seek information
relating to allegations of corruption and human
rights violations.
130.
131. What kind of issues can one raise
through RTI
The RTI Act empowers the common man to get clarity on
decisions and actions of the government, at all levels,
across government departments at the panchayat,
municipal, state and even central level. The issues can be
divided into three broad categories, which are defined
below -
Developmental issues pertaining to the immediate
neighbourhood: These could include issues such as
broken roads near one's residential area, erratic
water/power supply, lack of public transport facilities in a
certain colony etc.
Personal issues, specifically pertaining to government
documents: These encompass matters such as delay in
passport application being processed, pension not being
given etc.
Using RTI to bring about systemic change:
Transparency in functioning of public toilets in your city,
Utilization of MP, MLA and Councillor funds, Overcrowding
of jails, Destruction of green cover in a suburb, Absence of
132.
133. The Right to Information
(Amendment) Bill, 2013
The Right to Information (Amendment) Bill, 2013 was introduced in the
Lok Sabha on August 12, 2013. The Bill amends the Right to
Information Act, 2005 (RTI Act).
In June 2013, the Central Information Commission held six political
parties to be public authorities under the RTI Act and hence subject to
the transparency and information requirements under the Act.
The amendment Bill removes political parties from the ambit of the
definition of public authorities and hence from the purview of the RTI
Act.
The amendment will apply retrospectively, with effect from June 3, 2013.
The Statement of Objects and Reasons of the Bill states that there are
already provisions in the Representation of People Act, 1951 as well as
in the Income Tax Act, 1961 which deal with transparency in the
financial aspects of political parties and their candidates. It also adds
that declaring a political party as public authority under the RTI Act
would hamper its internal functioning and political rivals could misuse
the provisions of the RTI Act, thus affecting the functioning of political
parties.
139. The Right of Citizens for Time Bound
Delivery of Goods and Services and
Redressal of their Grievances Bill, 2011
Highlights of the Bill
The Bill seeks to create a mechanism to ensure timely delivery of
goods and services to citizens.
Every public authority is required to publish a citizens charter
within six months of the commencement of the Act. The Charter
will detail the goods and services to be provided and their
timelines for delivery.
A citizen may file a complaint regarding any grievance related to:
(a) citizens charter; (b) functioning of a public authority; or (c)
violation of a law, policy or scheme.
The Bill requires all public authorities to appoint officers to
redress grievances. Grievances are to be redressed within 30
working days. The Bill also provides for the appointment of
Central and State Public Grievance Redressal Commissions.
A penalty of up to Rs 50,000 may be levied upon the responsible
officer or the Grievance Redressal Officer for failure to render
services.
140. Key Issues and Analysis
Parliament may not have the jurisdiction to regulate the functioning of
state public officials as state public services fall within the purview of
state legislatures.
This Bill may create a parallel grievance redressal mechanism as many
central and state laws have established similar mechanisms.
Companies that render services under a statutory obligation or a licence
may be required to publish citizens charters and provide a grievance
redressal mechanism.
The Commissioners may be removed without a judicial inquiry on an
allegation of misbehaviour or incapacity. This differs from the procedure
under other legislations.
Appeals from the Commissions’ decisions on matters of corruption will
lie before the Lokpal or Lokayuktas. The Lokpal and some Lokayuktas
have not been established.
Only citizens can seek redressal of grievances under the Bill. The Bill
does not enable foreign nationals who also use services such as driving
licenses, electricity, etc., to file complaints.
141. Citizen Centricity
Citizen centricity is linked to good governance
“Administration is meant to achieve something
and not to exist in some kind of an ivory tower
,following certain rules of procedure and
narcissus like ,looking on itself with complete
satisfaction .The test after all is human beings
and their welfare”
158. What is Governance and GG ?
In the words of Kofi Annan: “Good governance is perhaps
the single most important factor in eradicating poverty and
promoting development”
Governance is the exercise of economic, political and
administrative authority to manage a country’s affairs at all
levels. It consists of the mechanisms, processes and
institutions through which citizens and groups articulate
their interests, exercise their legal rights, meet their
obligations and mediate their differences
Without good governance, no amount of developmental
schemes can bring in improvements in the quality of life of
the citizens. On the contrary., if the power of the state is
abused, or exercised in weak or improper ways, those with
the least power in the society – the poor- are most likely to
suffer. In that sense, poor governance generates and
reinforces poverty and subverts efforts to reduce it.
Strengthening governance is an essential precondition to
improving the lives of the poor.
166. Code of Ethics for Civil Servants-
page 41 ARC report on Ethics
167.
168.
169. What are the Attributes of a Good
Administrator ?
170.
171.
172.
173.
174. Ethics
Ethics ,values, morals and attitude all have there
genesis from socialization , how do we develop them,
they all are developed from socialization , and all are
the instruments of what , behavior regulation , since
all of them helps in behavior regulation so question
what is common between them , they all make our
behavior choices parsimonious ,with min effort I want
to arrive at a decision – so ethics morals beliefs
attitude
Ethics will ensure that certain behaviors which are
unethical will make such my decision making easier
as all those behaviors which are bordering on
immorality are not taken away from consideration
when arriving at decisions – how to arrive at an
effective decision – ethics morals attitude and beliefs
help in effective decision making in personal life and
in administration also they guide our preferences and
make our behavior choices parsimonious
175. Ethics values attitude morals
The problem is effective decision making and they
help in that
They guide our preferences
They are all the product of two things beliefs and
emotions ,although the amount may vary – level of
emotional involvement and beliefs may differ
All four of them ensure continuity in the core areas of
our life- you are upholder traits value tradition of your
family which believe in respecting elders and rules
and regulations ,we also ensure that is .Fundamental
areas remain same there may be differences in other
areas .Behavior regulation is guided by only one
interest – social integration – problem of every society
is social disintegration
176. Change is the only truth –so they also enable us to
adapt to external demands – what would be ethical in
Vedic age is not longer ethical today. Role model
today is poonam pandey ,sheryln chopra ,rakhi
sawant because ethics have changed and not ela
bhatt.
When we talk of values – values are our preferences
,are the constructs which help us decide which
choices are to be chosen .I value X over Y hence I am
able to make judgment about what is right and what is
wrong.
Values are the belief system which are abstract in
nature and in which we have tremendous emotion
investment – like I have value called non violence ,
when anyone talks of violence I am against. Value of
non-violence has no shape but I can create some
action to show them.
177. Those values which help in discriminating
between right and wrong is a moral.I belief any
person who helps a person who is threat to
society is immoral .I value khajraho over Ajanta
but that is not about right and wrong ,I might like
madhubani painting over rajasthani paintings.
When I have a value which may not involve
distinction between wrong and right personal in
nature
When they(morals) become codify and formalized
they become ethics and they get societal
sanctions.
We may have morals which are not ethics
178. When morals have been converted into ethics
,there is higher pressure to conform to it. I can
display immoral behavior but I cannot is play
unethical behavior because there is a pressure
on me.
Ethics may be placed over morals
We want all of them(ethics , morals,attitude
,values) to fall in line
Results of socialization is ethics morals attitude
and values , why do we need them because rules
and regulations are not enough , we need them to
control people’s action choices and behavior
179. Any display of unethical behavior generated guilt
which is much more effective in controlling
behavior.
Beliefs , ethics morals attitudes are enduring but
not immutable.
Ethics – are the products of values only , rules of
conduct which are there which have been
formalized.
Values are just beliefs which have high emotional
achievements – beliefs, values are abstract in
nature like peace , there can be peaceful people
which is an attitude
Principally speaking it can come from higher
authority like a judge, religion etc but normally it
180. Eg .I will not help a person who is criminal
A teacher should not discriminate on the basis of
race caste creed sex is a moral
How do I display this , by my attitude. Eventually
it is attitude which is at working in the world.
Behavior is the result of the underlying an
attitude.
Attitude gives me a predisposition for my
behavior- we likely to display behavior in line
which your attitude.
181. Story starts with the collector and his team and
the goal as public welfare.
Social Influence is exercised by the collector
when he is asking his team to work effectively ,
effort to change attitude and behaviors of the
group which in this case is the team or the target
group towards public welfare.
Social influence is exercised by leadership and
power –e.g coercive power by a father over his
son. Or by admiration of the father – referent
power , sometimes father has money so reward
power
182. Power is capacity to influence the behavior and
attitude of others in the intended direction.
Capacity refers to potential whenever we speak
of power we refer to potential. Power is based on
dependency ,the more is the dependency of A
over B hence more A has more power over B .
And leadership will involve the display of power ,
social influence ,leadership and power are
interrelated power
183. What is ethics?
At its simplest, ethics is a system of moral
principles. They affect how people make
decisions and lead their lives.
Ethics is concerned with what is good for
individuals and society and is also described as
moral philosophy.
The term is derived from the Greek
word ethos which can mean custom, habit,
character or disposition.
184.
185. Ethics covers the following
dilemmas:
how to live a good life
our rights and responsibilities
the language of right and wrong
moral decisions - what is good and bad?
Our concepts of ethics have been derived from
religions, philosophies and cultures. They infuse
debates on topics like abortion, human rights and
professional conduct.
186. Approaches to ethics
Philosophers nowadays tend to divide ethical
theories into three areas which are meta ethics,
normative ethics and applied ethics.
Meta-ethics is concerned with the nature of moral
judgement. It looks at the origins and meaning of
ethical principles.
Normative ethics deals with the content of moral
judgements and the criteria for what is right or
wrong.
Applied ethics analyses controversial topics like
war, animal rights and capital punishment
187. What use is ethics?
Without application ethics are not useful and the
major reason for discussion of ethics is to make our
decision making quicker effective and efficient.
Behavior regulation,If ethical theories are to be useful
in practice, they need to affect the way human beings
behave.
Some philosophers think that ethics does do this.
They argue that if a person realises that it would be
morally good to do something then it would be
irrational for that person not to do it.
But human beings often behave irrationally - they
follow their 'gut instinct' even when their head
suggests a different course of action.
However, ethics does provide good tools for thinking
about moral issues.
188. Ethics can give several
answers
Many people want there to be a single right
answer to ethical questions. They find moral
ambiguity hard to live with because they
genuinely want to do the 'right' thing, and even if
they can't work out what that right thing is, they
like the idea that 'somewhere' there is one right
answer.
But often there isn't one right answer - there may
be several right answers, or just some least worst
answers - and the individual must choose
between them.
For others moral ambiguity is difficult because it
forces them to take responsibility for their own
choices and actions, rather than falling back on
189. Ethics and people
Ethics is about the 'other'
At the heart of ethics is a concern about
something or someone other than ourselves and
our own desires and self-interest.
Ethics is concerned with other people's interests,
with the interests of society, with God's interests,
with "ultimate goods", and so on.
So when a person 'thinks ethically' they are giving
at least some thought to something beyond
themselves.
190. Ethics as source of group
strength
One problem with ethics is the way it's often used
as a weapon.
If a group believes that a particular activity is
"wrong" it can then use morality as the
justification for attacking those who practice that
activity.
When people do this, they often see those who
they regard as immoral as in some way less
human or deserving of respect than themselves;
sometimes with tragic consequences.
191. Good people as well as good actions
Ethics is not only about the morality of particular
courses of action, but it's also about the
goodness of individuals and what it means to live
a good life.
Virtue Ethics is particularly concerned with the
moral character of human beings.
Searching for the source of right and wrong
At times in the past some people thought that
ethical problems could be solved in one of two
ways:
by discovering what God wanted people to do
by thinking rigorously about moral principles and
192. If a person did this properly they would be led to the
right conclusion.
But now even philosophers are less sure that it's
possible to devise a satisfactory and complete theory
of ethics - at least not one that leads to conclusions.
Modern thinkers often teach that ethics leads people
not to conclusions but to 'decisions'.
In this view, the role of ethics is limited to clarifying
'what's at stake' in particular ethical problems.
Philosophy can help identify the range of ethical
methods, conversations and value systems that can
be applied to a particular problem. But after these
things have been made clear, each person must
make their own individual decision as to what to do,
and then react appropriately to the consequences.
