Thursday, December 13, 2012

Ethical Concerns In Public Administration

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ETHICS - MEANING AND SIGNIFICANCE:
Ethics is a system of accepted beliefs,morals and values that influence human behaviour. It has been stressed upon in individual life as well as public life through time immemorial through sacred texts and theorists like the manusmriti, ramayana, mahabharata, etc. and Bentham and Rawls as well as Arostotle,etc. respectively.

The Behaviouralist school brought a dichotomy between facts and values in decision making and made it strictly rational like a machine model which was not successful and was questioned all the time. That led to the New Public Administration school of thought that brought back values at the centre stage along with facts and rationality in decision making.

The society,educational institutions,laws and their implementation and family play a large part in inculcating good values and morals in people. The political environment is also of significance as well as the behaviour of politicians directly and majorly affects the behaviour of his/her subordinates and his/her ethics.


MAXIMS OF PUBLIC ADMINISTRATION ETHICS:
 Maxim of Legality and Rationality: An administrator will follow the law and rules that are framed to govern and guide various categories of policies and decisions.

Maxim of Responsibility and Accountability: An administrator would not hesitate to accept responsibility for his decision and actions. He would hold himself morally responsible for his actions and for the use of his discretion while making decisions. Moreover, he would be willing to be held accountable to higher authorities of governance and even to the people who are the ultimate beneficiaries of his decisions and actions.

Maxim of Work Commitment: An administrator would be committed to his duties and perform his work with involvement, intelligence and dexterity. As Swami Vivekananda observed: “Every duty is holy and devotion to duty is the highest form of worship.” This would also entail a respect for time, punctuality and fulfillment of promises made. Work is considered not as a burden but as an opportunity to serve and constructively contribute to society.

Maxim of Excellence: An administrator would ensure the highest standards of quality in administrative decisions and action and would not compromise with standards because of convenience or complacency. In a competitive international environment, an administrative system should faithfully adhere to the requisites of Total Quality Management.

Maxim of Fusion: An administrator would rationally bring about a fusion of individual, organisational and social goals to help evolve unison of ideals and imbibe in his behaviour a commitment to such a fusion. In situation of conflicting goals, a concern for ethics should govern the choices made.

Maxim of Responsiveness and Resilience: An administrator would respond effectively to the demands and challenges from the external as well as internal environment. He would adapt to environmental transformation and yet sustain the ethical norms of conduct. In situations of deviation from the prescribed ethical norms, the administrative system would show resilience and bounce back into the accepted ethical mould at the earliest opportunity.

Maxim of Utilitarianism: While making and implementing policies and decisions, an administrator will ensure that these lead to the greatest good (happiness, benefits) of the greatest number.

Maxim of Compassion: An administrator, without violating the prescribed laws and rules, would demonstrate compassion for the poor, the disabled and the weak while using his discretion in making decisions. At least, he would not grant any benefits to the stronger section of society only because they are strong and would not deny the due consideration to the weak, despite their weakness.

Maxim of National Interest: Though universalistic in orientation and liberal in outlook, a civil servant, while performing his duties, would keep in view the impact of his action on his nation’s strength and prestige. The Japanese, the Koreans, the Germans and the Chinese citizens (including civil servants), while performing their official roles, have at the back of their mind a concern and respect for their nation. This automatically raises the level of service rendered and the products delivered.

Maxim of Justice: Those responsible for formulation and execution of policies and decisions of governance would ensure that respect is shown to the principles of equality, equity, fairness, impartiality and objectivity and no special favours are doled out on the criteria of status, position, power, gender, class, caste or wealth.

Maxim of Transparency: An administrator will make decisions and implement them in a transparent manner so that those affected by the decisions and those who wish to evaluate their rationale, will be able to understand the reasons behind such decisions and the sources of information on which these decisions were made.

Maxim of Integrity: An administrator would undertake an administrative action on the basis of honesty and not use his power, position and discretion to serve his personal interest and the illegitimate interests of other individuals or groups.


There can be many more, however, the main motive is good governance and ethical practices backed by proper values and principles of public administration.


MEASURES SUCCESSFULLY TAKEN TOWARDS REINFORCEMENT OF ETHICS IN PUBLIC ADMINISTRATION:
1) Establishment of Lok Ayuktas
2) Establishment of RTI Act
3) Citizen's Charters.
4) Ethics and code of conduct for public employees
5) Establishment of Vigilance Commissions
6) Establishment of Panchayati Raj Institutions
7) Partnership of Govt. - Civil Society Initiatives and its growing strength
8) Proposed Whistle blower Protection Act and Judicial Accountability And Standards Bill


OBSTACLES TO ETHICAL ACCOUNTABILITY:
1) Special expertise and Information held by the bureaucrats by virtue of their position is sometimes misused by them to fool the stakeholders as no one can surpass them in this knowledge area. RTI is in place but the poor and needy cannot afford it due to the cost involved as well as the information is sometimes never parted with leading the aggrieved to a harrowing experience leading to  the court rooms.

2) Full time status of bureaucrats make them corrupt, laid back and less accountable.

3) Massive expansion of bureaucracy has made the span of control of its heads/ ministers really cumbersome leading to arbitrary actions on the behalf of the former.

4) Lack of Coordination between established government anti corrupt agencies and institutions as well as their lack of teeth has lead to an even more chaotic situation on checking corruption.

5) Misinterpretation of role and obligation amongst the bureaucrats.Their role and obligation is to carry out policies for the upliftment of society and not towards the politicians for their vested interest or unimpactful policy decisions.

6) Subversion where certain government servants pass on critical secrets to enemies in exchange for pecuniary benefits or for sale of extra territorial loyalty.


ADMINISTRATIVE ETHICS ISSUE - THE WAY OUT:
Manipulation and lack of ethics lead to humongous negative effects and reduce efficiency in an organisation. Therefore the enforcement and development of administrative ethics in public servants in today's welfare state times as well as the sensitive position they occupy is of utmost priority and urgency.
The essentials to ensure the practice of ethics in administration are:
a) Faith,determination towards pursuit of excellence of service in their professional activities via methods of training and sensitisation.
b) Infusion of ethics into politics through trainings,etc so that it is passed on to their sub ordinates that are the civil servants.
c) Relations between citizens and personnel to create favourable opinion of society and people towards public services and servants.
d) Need for character building in public servants through education,adult education and functional or job responsibility literacy.
e) Impartiality should be practiced and encouraged.
f) Political neutrality in civil servants.
g) Education of people and society regarding their rights the work of public servants and redressal mechanisms available to the people against them and the government.

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Conflict Resolution - A Redefinition

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Loomis and Loomis state that Conflict is an ever present process in human relations. Conflict may define, maintain and strengthen group boundaries,contributing to the group's distinctiveness and increasing group solidarity and cohesion.


CHANGING NATURE OF CONFLICT:
Earlier theories and discussions regarding conflicts were only done with regards to organisations and to a limited extent to the environment of organisations and even these were confined to efficiency and productivity of enterprises. But now, policies are not made in isolation, as globalisation has made it a universal and worldwide process involving all types of stakeholders which are not limited to groups or nations but triggered by ethnic,religious,racial and economic differences as well, therefore conflict resolution has now been redefined or updated to help resolve these issues of international conflicts/disagreements between stakeholders.



PHASES OF CONFLICTS:
1) Potential Conflict Phase : At this stage conflict is present at very low level of intensity. Structural factors and underlying causes create division among groups along socio economic, cultural and political lines. Mobilisation of collective discontentment begins but not organised, thus, preventive action at this point is not risky and has high potential payoff.

2) Gestation Phase: Consolidation of mobilisation is the characteristic of this phase as inter-group relations are politicised and popular mobilisation puts pressure on decision makers to address the issues. Polarisation between groups increase but one must take note that issues are still negotiable though preventive actions may cost initially but the potential payoffs are still much positive.

3) Triggering and Escalation Phase : There is a real and visible change in the group's economic,social or political conditions can trigger the escalation of conflict. Inter elite ties break down and social interactions focus on organised reaction as political exchanges fade and conflicting parties lose confidence in each other and feel they cannot compromise. Intervention at this phase becomes risky as well as costly.

4) Post - Conflict Phase : In this phase preventive interventions aim at reestablishing communication channels between the conflicting groups,in order to avoid a new round of conflict.

These need not occur in the manner laid out and often the lack of information or incentives to act fast are barriers to resolving conflicts.


CONFLICT RESOLUTION AT THE MICRO LEVEL:
1) Intra Organisational Level - These are conflicts occurring within organisations.

A) Task conflict - Disagreement about the Communication or directions from superiors among subordinates as some of the orders may lie outside their " Zone of Acceptance". The leadership should make sure that they substantiate their communications among the subordinates to resolve this and the ways to do this are suggested by Mary Parker Follett:
i) Domination to resolve a conflict- Here only one party wins which is the stronger one. The weaker party remains disgruntled and this will lead to very ugly consequences later. therefore this should be avoided.
ii) Compromise - Where no party benefits but settle mutually for the time being. But this sort of resolution is only a short term one and the conflicts keep building up internally and become more dangerous when it shows its face again and then it might become out of hand to even try to settle it. This method also she did not suggest much.
iii) Integration to resolve a conflict - Follett considers this technique to be the best. As under this method there is a feeling of win-win equation & both conflicting groups see their issues addressed. And this is long term solution.

THE PROCESS OF INTEGRATION(in detail):
This process unfolds in three steps:
a) Surfacing of conflict or identification of existing issue.
b) Analysis of the conflict and development of a solution - A solution should be such that it no way leaves any room for the conflict resurfacing or a new conflict arising and it should benefit all and a circular response should be evoked where every member gets to vent out his feelings so that he feels heard.
c) Anticipation of results.

HINDRANCES TO THE SMOOTH IMPLEMENTATION OF THE PROCESS OF INTEGRATION:
a) It requires high degree of knowledge and analysis.
b) It requires high order of creativity and innovation
c) It may require more resources.
d) Superiors may have the tendency to continue domination.
e) True integration may not be achieved as groups may not agree to substitution.
f) Rushing to the application of scheme may create problems as its proper comprehension may require time.
g) Groups may feel inadequately represented but may not show at that particular time when integration is seemed to be achieved.


B) Inter Group Conflict: It deals with relationships among people/teams in an organisation more than a task and it is inevitable, so to manage it for optimal group maintenance, a six step process has been described:
a) Recognition and acknowledgement that conflict exists
b) Analysis of the existing situation
c) Facilitation of communication
d) Negotiation
e) Provision for necessary adjustments,reinforcements,confirmations
f) Realisation of living with conflicts as all conflicts cannot be resolved


C) Procedural Conflict : It occurs when group members disagree about the procedure to be followed in accomplishing the group goal. Solutions are-
a) New procedures may be formulated and a new agenda suggested.
b) Group goal may be modified
 This along with Task Conflict is of productive nature and brings in many reforms in the way of doing things more efficiently in the eyes of the higher management/decision makers.


That was about Intra - Organisational conflicts or within an organisation conflicts. Now we move on to discussing Intra Organisation Conflicts or conflicts occurring amongst two or more organisations.

INTRA ORGANISATIONAL CONFLICTS:
It has two aspects.
A) Environment of the particular organisation-: Two organisations may be in the same environment but clashing goals. For example - Scheduled Tribes ( Recognition of forest rights) Act 2005, while Ministry of Environment and forests may be concerned about the depleting forest cover by allowing more and more rural people into them for livelihood, on the other hand the Ministry of Tribal Affairs may be tackling the livelihood issues of the tribals. Thus such incompatible goals create conflicts that may lead to jurisdictional conflicts as well as the issue would be the control over areas given to tribals.

B) Institutional Pluralism -: In an effort for efficient governance and government services sometimes many service delivery agencies operate in the same domain, both in the private and public sphere and compete with each other. Conflict and competition may not be confused here as though they both have a common root cause of individuals striving towards incompatible goals, yet the major difference is that interference that hinders attainment of the goal, if done by established rules and regulations is termed as competition but when no rules are followed then it turns into a conflict.



CONFLICT MANAGEMENT AT THE MACRO LEVEL:
i) Policy making as Conflict Resolution,here all interest groups, protest groups and civil society as well as all stakeholders of a policy initiative should democratically contemplate and arrive at policies suitable to all so that conflicts do not arise as far as possible.
ii) Proactive Conflict Resolution. Catch the conflict when it is young instead of letting it escalate.
iii) Integrated Conflict management systems.
iv) Strengthening all government and non government institutions to tackle conflicts.
v) A central coordinating point for all conflict resolution efforts. A very good example of which is the prime minister's office in India where it intervenes between conflicts of ministries.
vi) Strong system evaluation and monitoring mechanisms.
vii) Capacity Building of individuals and institutions.
viii) People's participation as much as possible
ix) Civil society organisations
x) International Organisations of Conflict Resolution ( UNO,ICJ,etc) who work by international treaties and  charters,mandates while negotiating and arbitrating international disputes brought before them

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Wednesday, December 12, 2012

Growing Role Of Civil Society Organisations

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CIVIL SOCIETY:
Civil society is the arena outside of the family, the state, and the market where people associate to advance common interests. It is sometimes considered to include the family and the private sphere and then referred to as the "third sector" of society, distinct from government and business.Dictionary.com's 21st Century Lexicon defines civil society as 1) the aggregate of non-governmental organizations and institutions that manifest interests and will of citizens or 2) individuals and organizations in a society which are independent of the government. Sometimes the term is used in the more general sense of "the elements such as freedom of speech, an independent judiciary, etc, that make up a democratic society".
NGO's and NPO's are part of civil society. However there is no unanimous view to define civil society and it keeps changing.
The civil society also does include political parties and professional organisations. They help encourage public interest and participation and helps in formulation and implementation of policies of govt. as well as bring core issues of concern in the eyes of the govt to take care of.

CONTEMPORARY CIVIL SOCIETY & THE IMPACT OF GLOBALISATION:
Since the 1980s, non-governmental organizations (NGOs) have emerged as an important force on the world stage working to democratize decision-making processes, protect human rights and provide essential services to the most needy. Underpinning this expanded role in global governance has been a certain disillusionment with the role of the state in facilitating sustainable human development and the belief that more flexible, motivated and decentralized structures have the required skills and responsibility to undertake this role.
In recent years, the arena of NGO action has expanded rapidly from local and national settings to the international level. The institutional transformations that are occurring in the context of globalization have seen international actors — such as United Nations agencies, regional organizations, finance and trade institutions and transnational corporations — as well as inter-governmental "summits" assume an increasingly prominent role in global governance. NGOs have been late-comers to this evolving system of global governance but are now finding ways to influence the international decision-making process associated with development issues.
In this globalised world there is a worry of the accountability of the Global civil society considering there are no longer any barriers between nation states. Refer - http://www.globalautonomy.ca/global1/glossary_pop.jsp?id=CO.0028
Also refer to another interesting read on the challenges to Civil Society in the Indian context - http://openspace.org.in/civilsocietyindia

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Indian Governmental Institutions Reforms

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We have already discussed Government as well as Governance in India in our previous posts, today we talk about the roads to reform them that have been provided in various forms of committee recommendations, public opinion, parliamentary protests,etc.

LEGISLATIVE REFORMS:

1) State funding of Political parties -

To stop criminalisation of politics,state funding to political parties has been recommended by Khandwalla ( 1999 ) can be in the form of maintenance subsidy and electioneering expenditure to cover costs of grass root works,training of cadre,media costs,costs of organising meetings and rallies. These funds can be routed through the Election Commission who can keep a close check on them by virtue of its job. These political parties should maintain accounts,get them audited, and file the audited accounts with the Election Commissions so that they are open to public scrutiny.

2) Representative legislature
- Khandwalla recommends for Representative legislature instead of the normal territorial legislature prevalent as it does not represent all the sections of society. If a candidate secures 50.5 % votes and he has the majority to first past the post but then what about the rest 49.5 %,what about their interests and needs? What is the guarantee that they would be represented by the leader and not spite them instead and the same applies at the centre for the ruling government where the same first past the post system prevails.

Khandwalla recommends that in coalition governments there should be a system of rotation of Prime Minister among candidates of all the allied parties so that interests of all sections and areas are well represented and taken care of.

Khandwalla representation is also a good step in today's era of coalition governments where each constituency will elect not one but more than one legislator depending on the size of the constituency So each party can field more than one contestant from their party for that constituency and the winning candidates will reflect the preference of the voters as the top three vote scorers in a constituency will go to the legislature instead one which will be a more fairer representation of the people.

3) Stable Coalitions:
Remove grey areas of the anti defection act with stronger legal actions and the coalition should work on the basis of consensus and mutual consultation. There should be incentives for well performance of politicians and disincentives for those not performing their duties to the required level.

4) Responsive Parliamentary Procedures -
The National Commission headed by former Chief Justice M.N. Venkatachaliah in 2000 for the review of the working of the Constitution stated that there is a need for a better conduct by the politicians and for their better standards of debate and discussion in the parliament and for this there needs to be an aware opposition to thwart the ill will of government and make it more responsive.

5) Strong Committee System -
The National Commission also stated the need to strengthen the Committee of Parliament given their instrumental and enormous importance of these committees towards budget bills and other matters passing. Recommendations of the Commission can be viewed in totality here : http://lawmin.nic.in/ncrwc/finalreport.htm

POLITICAL EXECUTIVE REFORMS:

1) Educational qualifications to be set for legislators -

After election they are to be trained regarding their duties and responsibilities, entitlements and rights,constitutional provisions,working of the government and legislative processes,legal procedures,important political,social and economic institutions and agencies and ICT competence. A National Training Academy can be set up for this purpose to help inculcate professionalism in them before assuming their duties totally.

2) Norms of Elected Candidates -
They must have a standard code of conduct and open themselves to public scrutiny through parliamentary Ombudsman and apart from this, there should be a provision to totally bar candidates having ongoing cases going on them whether acquitted or at trial stage to contest elections.

3) Training and performance review of legislators

JUDICIAL REFORMS:

1) Speedy and time bound disposal of cases -

Appoint enough judges for doing so. Proper software should be devised and implemented for segregating waste cases and a proper grievance redressal mechanism in private and public institutions so that employer - employee disputes should be settled effectively at that level only and only major cases come to the court.

The National Commission in 2000 recommended that each High Court should lay down time limits for time bound clearance of arrears in the courts under its jurisdiction and lay down annual targets and district wise performance targets which should be monitored and evaluated regularly. The Commission also advocated for the Supreme Court and high courts to not delay judgements more than 90 days after conclusion of cases.

The 7th Law Commission under Justice Rao suggested that the Gram Nyayalays could process 60-70 % of rural litigation leaving the regular courts and sub divisions time to devote to complex criminal and civil matters. Apart from this the rural people's interaction will increase more and they would be happy with a fast,fair and flexible machinery of justice that is also inexpensive.

Another option is the Conciliation Courts method where along with a participatory model where a professional judge interacts with two lay judges and evolves a reasonable resolution and in such cases once a matter is decided there would not be any appeal against it and only a revision petition will be permissible on questions of law to the District Courts.

2) User - Friendly Courts -
Contempt of Court should be codified and not used arbitrarily by the Judges so that people find courts more approachable.

3) Judicial Reforms And Accountability -
The Judiciary still is relatively out of the reach of the public and that leads to non accountability and the scare of Contempt of court halts any process to question them. Therefore, there is a need to set up a body like a Judicial Council to look into cases and deviant behaviours of judges. It will comprise judges and will take actions against a defiant judge. It can reprimand a judge and recommend voluntary retirement,or resignation and withdraw cases dealt by such judges. Removal of judge is done through impeachment in Parliament, so this body can send the records of the judge to the parliament and recommend an impeachment.

In this context read the proposed Judicial Standards and Accountability Bill in the parliament - http://www.indiapolicywiki.org/index.php?title=The_Judicial_Standards_and_Accountability_Bill,_2010_Summary


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Participation, Social Equity - The Changing Patterns

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CHANGING NORM OF EQUITY:
Upon hearing the word " Equity ", one is always propelled towards the picture of equality. And these two have no doubt existed as synonyms of each other till date erroneously.

Today's concept of equity, in this diverse classification of our society and glaring disparities between people, gender and status assumes the definition of not considering A equal to B ( that's what Equality is) but rather focuses on adjusting the shares in society in such a way so that Citizen A is made equal to citizen B in the coming time. To make sure that there is no concentration of wealth or resources at one place where it is not required and giving a part of it to the needy who are in dire need of the same for their survival. This social equity is now an important strand in Public Administration practice and studies as one of its foundation ethics so that every decision of the administrators and the politicians are routed through a thought of equity first as they are the guardian of the people and it is their first responsibility to carry out the same.

INDIAN CONTEXT:
In the Indian context one can see this manifest itself in the form of 73rd and 74th Constitutional Act of Parliament where the rural development was started, as well as reservation for women and backward classes have been provided for to bring them into the mainstream for advancement. Right to education Act,abolition of untouchability, creation of local self help groups,save the girl child and maternal health programmes are other landmarks in this regard in India.




CHANGING NORM OF PARTICIPATION:
The new norms of participation by the people and the State is not restricted to the old fashioned thought of simply voting once in a while and keeping mum after that.  Rather, now there are various other issues that have to be dealt with by the State and so citizen participation is all the more active and needed in this information and awareness driven environment of Globalisation for effective,long-lasting & good governance to take effect.
The new norms of Participation have to ensure the involvement of the people from all the classes,especially the weaker sections and minorities, women and children.

INDIAN CONTEXT:
The right to information act,reservations in jobs and educational institutes for sc/st and obc,state-civil society partnerships for social development,citizen's charters,vigilance commissions,etc are all reforms in this direction in India.


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