ETHICAL STANDARDS PRESCRIBED BY NOLAN COMMITTEE
We have already considered the seven ethical standards for holders of public office which the Committee on Standards in Public Life in the United Kingdom (Nolan Committee) outlined. These are widely acceptedstandards which ministerscan follow.For sake of ready reference, we reproduce them below.
1. Selflessness: Holders of public office should take decisions solely in terms of public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends.
2. Integrity: Holders of public office should not place themselves under any financial or other obligation to outside individuals or organizations that might influence them in the performance of their official duties.
3. Objectivity: In carrying out public business, including making public appointments, awarding contracts or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
4. Accountability: Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
5. Openness: Holders of public office should be as open as possible about all the decisions and actions they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
6. Honesty: Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
7. Leadership: Holders of public office should promote and support these principles by leadership and example.
These principles of public life apply to political leaders and civil servants in any democracy. They constitute an ethical code. Those who are privileged to occupy high political office must be judged by high ethical standards. Mere legal compliance to rules is insufficient. Of course, everyone is subject to laws; but political functionaries have to adopt exemplary moral standards.
The Spanish Ethical code for high political and civil functionaries mentions the following values: objectivity, integrity, neutrality, responsibility, credibility, impartiality, confidentiality, dedication to public service, transparency, exemplary conduct, austerity, accessibility, efficiency, honesty and promotion of the cultural and environmental values and of equality between the sexes….
We have seen earlier that the General Assembly adopted the United Nations Convention against Corruption. It inter alia mentions codes of conduct for public officials. It exhorts member nations to
¤ promote integrity, honesty and responsibility among its public officials and
¤ lay down codes or standards of conduct for the correct, honourable and proper performance of public functions.
Many nations like UK and Canada have prescribed a Code of Conduct/Ethics for Ministers, legislators and civil servants. However, we will proceed straight to code of conduct for ministers in India. It covers both central and state ministers.
Anyone before taking office as a Minister has to
(a) Inform the Prime Minister (PM), or the Chief Minister(CM), as the case may be, about the assets,liabilitiesandbusiness interestsbelonging to him and his familymembers. State ministers have to inform CM and the central ministers to PM. The details should cover all immovable property and the total approximate value of (i) shares and debentures, (ii) cash holdings and (iii) jewellery.
(b) If he owns any business, he has to disassociate himself with its conduct and management. He need not give up his ownership.
(c) He has to give up his interest and management in any business which supplies goods or services to the Government or to government undertakings. This restriction does not apply to supplies made in the usual course of business at market rates. If he owns or manages a business which mainly depends on licenses, permits, quotas, leases, etc from Government, he gas to give up his interest in it. Ministers should prevent their family members from starting or joining these two kinds of business. He can transfer the business and its management to any adult family member (other than spouse) or relative associated long with it. Ministers can generally continue to hold shares in public companies.
Case Studies