Discuss the public service code as recommended by the 2nd ARC.
‘Ethics in governance’ was the second item in the terms of reference of the second ARC which included proactive vigilance, identification of rules which lead to corruption and the need to protect upright officials while limiting executive discretion and scope for arbitrary decision making. The ARC addressed the issues and recommended a code with following features to create an enabling environment for a corruption free society.
- Introduction of partial state funding of election to free the political process from the influence of the powerful trade and business interest and building of lasting Nexus between the two which is a durable basis of corruption. This may result in avoidance of compulsions of coalition politics , a potent contributory factor to corruption.
- Disclosure of interest by politicians.
- A strict application of the concept of ‘ office of profit’ in a Parliamentary democratic state that preclude legislators from functions which fall in the realm of the executive covering the ministers and officials. This is because the legislators have ‘ oversight’ functions which are certain to be compromised if they got involved in executive functions. No legislator therefore should hold such office of profit and its strict application will create an environment conducive to practice of probity in public life .Public life should not be viewed as an extension of one’s property.
- Recommended a code of conduct for all professions which are presently absent for most except those covered under a statute such as the Advocates Act or the Medical Practitioners Act as a step to create a culture of probity in society.
- Recommended constitution of a National Judicial Council for appointment of judges.
- Adequate legal provisions for protection of whistle blowers both in the state public and private corporate bodies.
- Recognising the fact that corruption and corrupt practices are widespread in private sector and especially in the private corporate sector which after opening up of the economy to market often aided and abetted corruption in government, ARC recommended that corruption in the private sector including NGO’s involved in provisioning public services  be brought within the purview of the Prevention of Corruption Act.
It is also to be noted that Statutory protection to whistle blowers including corporate whistle blowers was recommended and enactment of a comprehensive law to provide for creation of liability in cases where public servants cause loss to the state by malafide actions. The latter was actually implemented by the previous government by amendment of the Prevention of Corruption Act which produced an altogether different problem as it empowered the government to impute motives to past actions and bona fide decisions on hindsight , that is for loss caused by reasons and circumstances unforeseen; and as this has exposed honest officials to harassment long after they vacated office the present government has moved a Bill to amend the Prevention of Corruption Act.
We may note that the substantive recommendations of the ARC code have not been implemented mainly for lack of a political will.
