(a) “A mere compliance with law is not enough, the public servant also has to have a well-developed sensibility to ethical issues for effective discharge of duties.” Do you agree? Explain with the help of two examples, where (i) an act is ethically right, but not legally and (ii) an act is legally right, but not ethically. (b) How do the virtues of trustworthiness and fortitude get manifested in public service? Explain with examples.
Subtopic: Probity & Governance · law versus ethics in public duty
How to structure your answer
Detailed model answer
228 words · target 150 words · 20 min
Law as the floor, ethics as the ceiling
Law prescribes the minimum enforceable standard; ethics demands the higher standard of what ought to be done. A public servant with only legal compliance but no ethical sensibility becomes a rule-following robot, blind to justice and human consequence. I agree fully.
(a) Two illustrative situations
- Ethically right, but not legal: A doctor administering an unapproved life-saving drug in an emergency, or an official quietly feeding starving migrants from stock meant for a different scheme during a disaster. The act violates rules yet serves a higher moral good.
- Legally right, but not ethical: Evicting slum dwellers on encroached land in peak monsoon with a valid court order but no rehabilitation, or exploiting a legal tax loophole that starves the exchequer. Fully lawful, yet ethically indefensible.
(b) Trustworthiness and fortitude in public service
Trustworthiness is the confidence that an officer will keep her word, guard confidential information and act consistently in the public interest. It manifests when a bureaucrat resists pressure to leak examination papers or protects a whistle-blower's identity.
Fortitude is moral and physical courage to persist despite hardship or threats. It manifests when officers like T.N. Seshan enforced electoral discipline against political pressure, or when an honest officer resists transfers and threats to stop illegal mining.
Conclusion
Legality without ethical sensibility is hollow; trustworthiness and fortitude convert authority into just and effective governance.
What an examiner expects to see
- Law sets the enforceable minimum; ethics sets the aspirational standard of justice and public good.
- Mere legal compliance without ethical sensibility produces rule-bound, insensitive administration.
- Ethically right but illegal: acts of compassion or emergency that breach rules to serve a higher good.
- Legally right but unethical: lawful evictions without rehabilitation, or exploiting loopholes at public cost.
- Trustworthiness: keeping one's word, guarding confidences, acting consistently in the public interest.
- Fortitude: moral and physical courage to persist against pressure, threats and hardship.
- Both virtues transform delegated authority into just, effective and credible governance.
Concrete cases, schemes and judgments
- T.N. Seshan enforcing the Model Code of Conduct against political pressure (fortitude)
- Emergency medical care or feeding of the destitute that technically breaches procedure
- Court-ordered eviction of the poor without rehabilitation as legal-but-unethical
- Protecting whistle-blower identity under the Whistle Blowers Protection Act, 2014 (trustworthiness)