The Union Public Service Commission (UPSC) is the apex recruiting body in India responsible for selecting candidates for various prestigious civil services positions. In 2015, the General Studies Paper 4, also known as the Ethics, Integrity, and Aptitude paper, presented candidates with a challenging array of questions aimed at evaluating their ethical and moral reasoning, decision-making abilities, and overall aptitude. This paper, a critical component of the UPSC examination, tests not only the knowledge but also the character and judgment of aspiring civil servants. Let’s delve into the solved questions of the UPSC 2015 GS 4 paper to gain insight into the rigorous standards expected of future administrators and leaders in India.
Q8. Public servants are likely to confront with the issues of ‘Conflict of Interest’. What do you understand by the term “Conflict of Interest” and how does it manifest in the decision making by public servants? If faced with the conflict of interest situation how would you resolve it? Explain with the help of examples. (150 Words, 10 Marks)
Tags: Public/Civil service values and Ethics in Public administration: Status and problems; ethical concerns and dilemmas in government and private institutions; laws, rules, regulations and conscience as sources of ethical guidance; accountability and ethical governance; strengthening of ethical and moral values in governance; ethical issues in international relations and funding; corporate governance.
Decoding the Question:
- In Intro, try to introduce the concept of ‘Conflict of Interest’.
- In Body,
- Ways in which ‘Conflict of Interest’ Manifests in the decision-making process.
- In Conclusion, try to give steps to resolve this problem.
Answer:
A “conflict of interest” involves a conflict between the public duty and private interests of a public official, in which the public official has private-capacity interests which could improperly influence the performance of their official duties and responsibilities.Example: a public official whose personal interests conflict with his/her professional position. Instances of the largest shareholder appointing himself as CEO, deciding his salary and then appointing his son to a key post and higher royalties to the parent company are some of the serious conflict of interest issues in India which don’t receive the necessary attention.
A judge giving judgment in a case involving his own family member is a case of conflict of interest.Public servants face Conflict of Interest due to the nature of their work.
There are many ways in which it manifests in the decision-making process.
Public Interest v/s Private Interest:
- Outside Employment Scenario: Part-time employment, consulting, retainers, and self-employment may cause a conflict of interest with official duties. Conflict situations include the use of public service status to enhance a private stature, the draining of resources and energy required for official responsibilities, and the use of government services and equipment outside work.
- Bribery: It is the illegal acceptance of money or other valuable considerations in exchange for special favours from public servants having to do with their official obligations. The critical condition is that the bribe giver clearly aims to alter the objective, the conduct of the official, and the receiver intends to willingly comply. Though bribery usually involves money, it may include other rewards, such as promises of favourable publicity, or offers of access to exclusive social circles.
- Gifts : Seeking or accepting gifts and hospitality creates a conflict if these items influence a public employee’s impartial delivery of service.
Public interest v/s interest of Family or Friends:
- Future Employment Opportunities: If a public employee intends to seek employment in the future with a firm he now transacts official business with, the tendency may be to give favoured treatment to this forthcoming employer in hopes of encouraging a job offer
- Favoring Relatives: Situations in which a public administrator may be in a position to do favours for a relative can also create conflict. Essentially it involves using influence to gain special treatment for a relative in hiring, promoting or any other business practice.
Public interest v/s interest of Particular Community:
- Information Peddling: Public servants who are privy to information not available to the general public and who use that information to their advantage, monetary or otherwise, are guilty of information peddling. The key factors are the power of the information and privileged access to it. Actual conflict of interest is present when the information is highly confidential and the official in question is responsible for maintaining the confidence.
Steps to Resolving the Conflict of Interest:
Transparency:
- Declaring one’s conflict of interest to the concerned authorities is the best way.
- It helps civil servants to come clean and concerned authorities can decide further.
Assure integrity:
- The concerned authority should be assured of integrity and willingness to serve no matter what the decision is made on the declaration.
Maintain objectivity:
- If given the chance to continue working on that case, work with objectivity.
Reduce discretion and codify procedure:
- There is a need for legislation to make non-disclosure of a conflict of interest punishable.
- A private member’s bill (The Prevention and Management of Conflict of Interest Bill, introduced in 2012), the legislation ought to cover all arms of governance, including the judiciary, the legislature, and the executive.
- The recommendation of the Parliamentary Standing Committee on the Department of Personnel and Training, calling for early retirement if interested in post-retirement private service is established, needs to be implemented, besides increasing the mandatory cooling period to five years so that no undue influence can be exerted by the retired bureaucrat.
- Also, the reasons for declining their requests for joining such firms need to be laid out clearly, to limit political concerns.
- An open, public data platform enlisting all post-retirement appointments of civil servants will increase transparency
The priority must be to frame a modern law relating to conflict of interest, along the lines of what exists in the statute of other countries like the United States, and also ensure that their work ensures ethical governance.
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