GS4 · 10 marks · 150 words

Ideally, ethics and law should be harmonious in the context of administration, yet conflicts between them can arise. How should an administrator handle conflicts between legal directives and ethical considerations, particularly when directives are illegal and laws are unjust? Discuss

Answered by 5 toppers · CSE 2024–2025

Syllabus: 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.

How toppers approached it

From all 5 answers · about 150 words · 80% drew a diagram.

Opening

  • No separate opening40%
  • A quotation40%
  • A definition20%

Body

  • Points and prose60%
  • Points40%

Close

  • A summary60%
  • A quotation20%
  • A way forward20%

The toppers’ answers

Diksha RaiAIR 40 · CSE 2025 · 154 wordsTheir whole copy

Opening

Ethics and laws both act as guides and set of directives which lead public servants in making decisions.

Body · points

Conflict between Ethics and Laws

→ Ethical but illegal acts eg: law doesn't recognise rights of same sex couples to get married.

→ Unethical but legal acts eg: Marital rape provided as an exception to rape in BNS.

→ laws not in congruence with prevailing ethical norms are not accepted eg: Practise of Dowry continues despite Dowry Prohibition Act 1961.

Handling Conflicts between legal directives and Ethical considerations

→ Adhering to constitutional principles → Avoiding conflict of interest → upholding public welfare in decision making → not compromising on ethical values when directives are illegal. → Maintaining integrity and honesty. → Maintaining transparency and Accountability in Decision making.

Diagram
/ Constitutional values \ /-------------------------\ / Laws \ /------------------------------\ / Professional ethics \ /----------------------------------\ / Personal values \ -------------------------------------- Fig: Guides to administrators

Close · a quotation

Thus as Aristotle said, good people don't need laws while unethical people will find their way around law.

Ethical governance happens at the intersection of law & ethics

More on Ethical Dilemmas in Government

Ethical concerns and dilemmas arising in government and private institutions, and how a conflict between two duties is resolved.

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