(a) Distinguish between laws and rules. Discuss the role of ethics in formulating them. (b) A positive attitude is considered to be an essential characteristic of a civil servant who is often required to function under extreme stress. What contributes to a positive attitude in a person?
Subtopic: Ethics Theory · laws versus rules and the roots of positive attitude
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Detailed model answer
191 words · target 150 words · 20 min
(a) Laws versus rules, and the role of ethics
Laws are enacted by the legislature, apply generally to all, and are enforced by the coercive power of the state; violating them attracts penal sanction. Rules are subordinate legislation framed by the executive under delegated authority to operationalise a law; they are procedural, narrower and easier to amend. In short, a law lays down the 'what', a rule the 'how'.
Ethics informs both. Laws should mirror society's moral consensus and the constitutional values of justice, liberty and equality — an unjust law loses legitimacy. Rules must be fair, reasonable and non-arbitrary, avoiding the mischief of excessive discretion. Ethics ensures both are means to human welfare, not instruments of oppression.
(b) What contributes to a positive attitude
- Nurturing upbringing and healthy socialisation in family and school.
- Self-awareness and emotional intelligence that reframe adversity constructively.
- A firm value system and a sense of purpose beyond self-interest.
- Resilience, gratitude and optimism built through experience.
- Inspiring role models and a supportive peer environment.
Conclusion
Just as ethical laws and rules give society its scaffolding, a consciously cultivated positive attitude gives the civil servant the inner steadiness to serve under stress.
What an examiner expects to see
- Laws are primary legislation by the legislature; rules are delegated legislation by the executive.
- Laws are general and penal; rules are procedural and operational — 'what' versus 'how'.
- Ethics legitimises law by aligning it with justice; an unjust law lacks moral authority.
- Rules must be fair, reasonable and free of arbitrary discretion.
- Positive attitude is built by upbringing, socialisation and value formation.
- Emotional intelligence, resilience, purpose and role models sustain positivity under stress.
Concrete cases, schemes and judgments
- The Right to Information Act (law) and the RTI Rules that operationalise it.
- Constitutional morality guiding judicial review of arbitrary rules (Article 14).
- Civil servants like T.N. Seshan whose positive resolve reformed institutions under pressure.