13-12-2024 Mains Question Answer
Q. “In doing a good thing, everything is permitted that is not prohibited expressly or by clear implication.” Examine the statement with suitable examples in the context of a public servant discharging his/her duties.
Answer: The quote “In doing a good thing, everything is permitted that is not prohibited expressly or by clear implication” emphasises the freedom to act with good intentions as long as no legal constraints exist. For public servants, this implies that when they are working for the public good, they may utilise all available means, provided they do not violate explicit laws or ethical guidelines.
| In doing a good thing without violating laws and conduct rules, a public servant ensures that: |
| Key Aspects | Explanation | Examples |
| Role of Positive Discretion | Public servants often face situations where rules are ambiguous. They can take actions that are not explicitly prohibited, as long as they align with ethical standards and public welfare. | A district collector initiating an unbudgeted but legal relief fund during natural disasters. |
| Importance of Public Interest | Actions must aim to benefit society, balancing legality with morality. Even discretionary actions must prioritize citizens’ welfare over personal or political gains. | Issuing temporary permits for water tankers during a drought to meet the urgent needs of the community. |
| Avoiding Misuse of Discretion | Public servants must ensure their actions do not overstep their authority, violate implicit norms, or set harmful precedents. | A municipal officer avoiding favoritism while allocating funds for local development projects. |
| Ethical Considerations | Actions must align with integrity, fairness, and accountability, avoiding conflicts of interest or corruption under the guise of public welfare. | Refusing bribes for a project approval even if the project appears beneficial for the community. |
| Balance Between Innovation and Rules | Public servants must innovate within the boundaries of law and guidelines to resolve challenges that rigid rule-following cannot address. | Using digital platforms for grievance redressal despite the absence of explicit directives to do so. |
| Legal Safeguards and Accountability | While flexibility is allowed, actions must be documented and defensible under scrutiny to maintain transparency and trust. | Justifying allocation of additional funds for COVID-19 relief without violating procurement guidelines. |
As Swami Vivekananda said, “The greatest religion is to be true to your own nature. Have faith in yourselves.” public servants who hold such faith act in the interest of the public, using creativity, discretion, and ethical standards. Their actions, within the boundaries of law, are what lead to meaningful social and infrastructural progress. Through their efforts, they can pave the way for a just and inclusive society.