The maxim “In doing a good thing, everything is permitted which is not prohibited expressly or by clear implication” encapsulates the principle that individuals, particularly public servants, possess a wide latitude of discretion in executing their duties as long as their actions align with the greater good and are not explicitly forbidden. This concept underscores the importance of a flexible approach to decision-making within the boundaries of legality and ethics. For instance, a public servant tasked with ensuring public safety may be permitted to use reasonable force to maintain order during a demonstration, as long as it does not violate any laws or human rights. However, this latitude demands a judicious application, as unchecked discretion could lead to abuse of power. Striking a delicate balance between permissibility and responsibility becomes crucial to maintaining the public’s trust in the integrity of public service.
Tag: Status and problems; laws, rules, regulations and conscience as sources of ethical guidance; accountability and ethical governance; strengthening of ethical and moral values in governance.
Decoding the Question:
- In the Introduction, explain the context.
- In the Body, examine the statement with examples.
- Conclude, with an opinion.
Answer:
‘Everything which is not forbidden is allowed’ is also a constitutional principle of English law defining the essential freedom of citizens. Laws and rules lay down broad-based restrictions. They can neither cover all circumstances nor can they be very detailed to become restrictive in scope. Hence, everything outside the restrictions is permitted.
Context of the statement in administration:
- The conduct of a civil servant should be free of bias and prejudice. The overriding motive should be ‘public interest’ and conflict of interest should be avoided. As such, doing a good thing is allowed if there is no law against it and if there is no potential or perceived conflict of interest.
- For public servants discharging their duties, the above statement provides a code of conduct for carrying out their responsibilities.
- Things that are not expressly forbidden by law or by clear implication are allowed in public administration. If the action promotes good and is not proscribed by any law or is not covered potentially by possible implication of conflict of interest, then it is permitted.
- For example, a public servant such as a District Magistrate endowed with the spirit of service may arrange for refreshment of senior citizens visiting the office for various services. Such a good gesture is not forbidden by law and does not appear to be influenced by any prejudice. Similarly, treating flood-affected victims with more kindness, empathy and understanding and going out of one’s way to help them as long as it does not violate any law is another case of an act within the ambit of the spirit of the statement.
A public servant should use his good judgments to ensure that he performs his public duty and works in the interest of the public even if it involves the fear of coming under scrutiny by many agencies. He should not aim to keep himself away from any controversy and unforeseen legal hassles. Moreover, the need of the hour is public servants taking quick decisions, ensuring that files and proposals are not stuck and evolving effective means for private sector involvement.
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