(a) The ‘Code of Conduct’ and ‘Code of Ethics’ are the sources of guidance in public administration. There is code of conduct already in operation, whereas code of ethics is not yet put in place. Suggest a suitable model for code of ethics to maintain integrity, probity and transparency in governance. (b) The soul of the new law, Bharatiya Nyaya Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system.
Subtopic: Probity & Governance · code of ethics and legal reform
How to structure your answer
Detailed model answer
188 words · target 150 words · 20 min
A code of conduct prescribes enforceable do's and don'ts (the Central Civil Services Conduct Rules, 1964), while a code of ethics articulates the aspirational values that should animate conduct. The Second ARC's report Ethics in Governance found this ethics layer missing in India.
(a) A model code of ethics
- A short, publicly declared statement of core values: integrity, impartiality, accountability, empathy and public interest, on the lines of the Nolan Committee's Seven Principles of Public Life.
- Institutional anchoring through statutory backing, an Ethics Commissioner, and induction plus mid-career sensitisation.
- Mechanisms to operationalise it: mandatory disclosure of assets, protection for whistle-blowers, and integrity pacts to deter conflicts of interest.
(b) BNS: from punishment to justice
The Bharatiya Nyaya Sanhita, 2023 shifts the criminal law's centre of gravity from retribution to reform and reparation. Community service as a sentence for petty offences, victim-centric and time-bound processes, and gender-neutral provisions reflect a restorative, Indian ethos of nyaya rather than mere danda. Ethics thus moves from control to justice.
Conclusion
Codified conduct restrains wrongdoing; a code of ethics elevates conduct. Paired with a justice-oriented legal framework, it makes integrity, probity and transparency the default culture of governance.
What an examiner expects to see
- Code of conduct is enforceable and negative (CCS Conduct Rules 1964); code of ethics is aspirational and value-based
- Second ARC's 'Ethics in Governance' recommended a Code of Ethics for public servants
- Model should draw on Nolan Committee's Seven Principles of Public Life
- Institutional supports: Ethics Commissioner, asset disclosure, whistle-blower protection, integrity pacts
- BNS 2023 replaced IPC 1860 with effect from 1 July 2024
- BNS marks a shift to restorative justice: community service, victim-centricity, gender-neutral provisions
- Values named: integrity, impartiality, accountability, transparency, empathy, public interest
Concrete cases, schemes and judgments
- Central Civil Services (Conduct) Rules, 1964 as the existing code of conduct
- Nolan Committee (UK) Seven Principles of Public Life
- Second Administrative Reforms Commission report 'Ethics in Governance'
- Bharatiya Nyaya Sanhita, 2023 introducing community service as a form of punishment