Probity in Governance

Probity means adherence to ethical and moral values such as honesty and integrity in governance. It is important for the reason that it helps maintain public confidence in the government and enhances public trust in the country's governance system. There are various legislative measures taken by the Central Government to ensure probity in Governance such as the Prevention of Corruption Act, Right to Information Act, and the establishment of the Lokpal and Lokayukta. Overall, the focus is on the ethical standards and principles that contribute to effective and honest governance.

Governance is the exercise of economic, political and administrative power to manage and conduct the day-to-day affairs of a country at all levels. Without good governance which runs and operates on the principles of probity no amount of development schemes or subsidies can bring changes in the lives of citizens. Moreover, if the power of the State is used by the official to help their own selfish interest then those with the least power in society are likely to suffer the most. Therefore, it can be said that poor governance would generate and reinforce poverty.

Illustration: if country “A” implements a program for giving guaranteed work to daily wage workers at a very high daily wage. If there is no probity in governance in that country’s civil servants then all the allocated funds will be used up by the corrupt officials and the daily wage worker’s situation will remain the same. However, if that Country has officials who value probity in public services, then all the funds allocated by the government will reach the daily wage workers and slowly but surely alleviate their poverty.

The term probity is derived from the Latin ‘probitas’, which means "honest". Probity is also characterised by strong moral principles, including honesty and integrity. It signifies strict adherence to a code of ethics based on unwavering honesty. In the case of Public servants it involves more than simply avoiding corruption or avoiding dishonestly in their conduct. Probity is also marked by the virtue of being incorruptible. Ensuring probity in public sector activities forms the part of every official’s duty and to adopt such practices that promote and cherish high value and enable him to rise above self-interest. Probity is essential for good governance and adequate service delivery to citizens.

For instilling Probity, the Seven Principles of Public Life that are stated in the Report by Lord Nolan, are used as a defining example which are as follows –

1. Selflessness: Individuals in public office must make decisions solely based on the public interest, avoiding any actions aimed at personal financial gain or benefits for themselves, their family, or friends and acting in the interest of the Public.
2. Integrity: Public officials should not subject themselves to any financial or other obligations to external individuals or organisations that could compromise their performance of official duties.
3. Objectivity: When conducting public business, such as appointing individuals, awarding contracts, or recommending individuals for rewards, public office holders should make decisions based on merit.
4. Accountability: Public office holders are accountable for their decisions and actions, subjecting themselves to appropriate scrutiny from the public.
5. Openness: Public officials should strive to be transparent about all decisions and actions, providing reasons for their choices and only restricting information when it is necessary for the broader public interest.
6. Honesty: Those in public office have a responsibility to disclose any private interests related to their public duties and resolve conflicts of interest in a manner that safeguards the public interest.
7. Leadership: Public office holders should actively promote and uphold these principles through leadership and personal example.

The Second Administrative Reform Commission was setup in 2005 by Government of India and submitted its report on revamping the public administration system in India. In this report it also recommended that a ‘Code of Ethics’ for public servants should be promulgated by each service or organisation with a public facing role. It should contain a definition of ‘Public Service Values’, violation of which would invite punishment for misconduct. These salient values would include:-

• Preventing conflict of interest
• Avoiding wastage in financial expenditure
• Apolitical functioning
• Impartial and objective functioning
• Constitutional functioning
• Merit based selection for posts
• Communicative and consultative functioning
• Prohibiting dowry, sexual harassment and child labour.
• Observing courtesy.

How to govern is an important ethical dilemma which humans have been debating for many years. It has also been widely discussed in the Bhagavad Gita, Mahabharat, Manusmriti, Arthshastra etc. In the Western philosophy two eminent ethicists whose views are described as follows:

• Aristotle: was of the opinion that Virtues are habits of behaving in ways that help both the person with these virtues and the society they belong to.
• Immanuel Kant: put the concept of duty as being equal to morality. In his version human beings are obligated to fulfil their duties as rational beings, especially in their interactions with others.

• To ensure Development: It is an essential and vital requirement for an effective system of governance and the socio-economic development of a Country. Recent instances have demonstrated the significance of probity in governance. For example, the measures taken by Durga Shakti Nagpal, IAS officer against the land mafia racket which was running Uttar Pradesh are a real-life example of probity in governance.
• Service Delivery: E.g. SDM Indore financed the Indian Red Cross Hospital (IRCH) through individual donors and this facility was key during COVID pandemic.
• Sense of Service: Probity establishes integrity since the holders of public office will not place themselves under any obligation to outside individuals or organisations that might influence them in the performance of their official duties. E.g. Bhupesh Chaudhary an IAS officer helped increase chilly farmers’ income by 14 Times. The IAS officer utilised various government schemes to establish storage and processing infrastructure, organised farmers and formed a cooperative society for better market connections.
• Accountability: It aids in mitigating the risk of misconduct and corruption while ensuring adherence to processes and fostering accountability within the governance system.
• Public Trust: It helps to build public’s confidence in the government and strengthens trust in the country’s governance system. E.g. The Meghalaya Government recently passed the Meghalaya Community Participation and Public Services Social Audit Act, 2017 which is a way for the public to review official records and audit the expenditure on social service schemes. Social audits increase transparency and accountability, thereby promoting welfare of the public.

The Civil Services form an integral part of the institution of the State and play an important role in the functioning of the State. The Committee on Prevention of Corruption 1964 known as the “Santhanam Committee” has observed that people not taking morals seriously in recent years is the major obstacle in developing strong traditions of honesty and effectiveness. If the Civil Services of a State perform in an effective, efficient and honest manner the people can be served in the best possible way. Hence various laws have been promulgated to keep civil servants in check:-

• Prevention of Corruption Act 1988: outlines which activities amount to corruption and bribery in relation to public servants and makes them punishable.
• Right to Information Act 2005: promotes transparency in governance through citizen involvement. The Second Administrative Reforms Commission (ARC) even regards the RTI Act as the cornerstone of effective governance.
• Central Vigilance Commission: setup to provide guidance to the government in maintaining honesty within the governance system.
• Lokpal and Lokayukta Act of 2013: established an ombudsman who is a government official who deals with complaints made by ordinary people against public organisations. The Ombudsman investigates allegations of corruption against specific public officials and related issues.
• Bharatiya Nyay Sanhita (erstwhile Indian Penal Code) has provisions to punish bribery/ illegal gratification and ‘criminal breach of trust’ by civil servants.

Probity in governance is not limited to being just a theoretical concept but a practical necessity for the effective functioning of any democratic system. It is the adherence to ethical and moral values, including honesty and integrity, that forms the backbone of a robust governance system. Probity ensures transparency, accountability, and fairness in the administration, thereby fostering public trust and confidence.

The introduction of the Right to Information (RTI) Act is another significant development that has brought about greater transparency and accountability in the functioning of the government. The RTI Act empowers citizens to seek information from public authorities, thereby promoting transparency and accountability.

More recently PM Modi on the occasion of Independence day in 2023 called for promoting 'suchita, pardarshita and nishpakshta' (probity, transparency and impartiality) in every sphere of life and governance

In essence, probity in governance is a continuous journey and not a destination. It requires constant vigilance, reforms, and the collective efforts of all stakeholders, including the government, public servants, and citizens. As we move forward, it is imperative to uphold and promote probity in governance to ensure a just, equitable, and prosperous society.