Law and Ethics
“A public servant should follow the law but
also act ethically.”
Core
Understanding
|
Aspect |
Law |
Ethics |
|
Nature |
External,
codified rules |
Internal,
conscience-based principles |
|
Basis |
Enforceable
by authority |
Guided
by moral reasoning |
|
Purpose |
Maintain
order, prevent wrongdoing |
Promote
goodness, fairness, humanity |
|
Example |
Service
rules, RTI Act, Disaster Management Act |
Compassion,
honesty, empathy, fairness |
Powerful Statements / Quotable
Lines
·
“Law is
the letter, ethics is the spirit.”
·
“A legal action without ethical intent can still
be unjust.”
·
“Ethics begins where the law ends.”
·
“A good public servant is not just legally right
but morally wise.”
·
“Law provides the boundary, ethics provides the
direction.”
·
“Strict legality without ethics can lead to
bureaucratic cruelty.”
·
“When law becomes silent, ethics becomes the
guiding light.”
·
“Governance is legitimate not only by law but by
moral trust of the people.”
· “Ethical governance ensures compliance with both rules and conscience.”
Concepts / Key Ideas
(a) Spirit
vs. Letter of the Law
·
A civil servant must uphold the spirit (intent) of the law, not just the letter (words).
·
Example: Law allows eviction for encroachment,
but the spirit of law is public order with
human dignity. Therefore, rehabilitation measures must accompany
eviction.
(b) Discretion
and Moral Judgment
·
Laws cannot cover every situation — discretion
guided by ethics ensures humane outcomes.
·
Example: A strict application of traffic law may
penalize an ambulance driver — but ethical judgment avoids injustice.
(c) Ethical
Legalism
·
Using law as a tool to achieve moral good — not
as a weapon for rigid control.
(d) Ethics
as Law’s Foundation
·
All laws arise from moral principles — justice,
fairness, equality, protection of rights.
→ So, ethics is the soul of law.
(e) Conflict
between Law and Ethics
When they clash:
·
Follow the
law, but
·
Use
ethical reasoning to minimize harm or injustice, and
·
Recommend
policy correction where law seems morally deficient.
Example: If a law causes suffering to tribal groups, the officer follows it but also sends a report recommending amendments or relief.
Examples to Use in Answers
Administrative Example
·
A law says, “Remove all street vendors.”
o Legal compliance: Evict vendors as per
rules.
o Ethical balance: Provide alternate
vending zones or time slots.
o Outcome:
Legality + Humanity.
Disaster Management Example
·
Law prioritizes resource allocation as per
protocol.
o Ethical duty: Ensure priority to
children, elderly, and pregnant women.
o Balancing
both ensures humane legality.
Medical or Health Example
·
During a pandemic, strict lockdowns were legal.
o Ethical concern: Migrant workers’
distress.
o Solution:
Legal enforcement + compassionate measures (food, transport).
Classic Example
·
Socrates obeyed the law (drank poison) though he
was unjustly punished — showing respect for legal order.
·
Mahatma Gandhi: Broke colonial laws ethically —
civil disobedience based on Satyagraha
(moral truth against unjust law).
Important Statements
· “A civil servant must uphold the law with a humane spirit. Legal provisions should be implemented with ethical sensitivity to ensure justice and public trust.”
·
Aristotle: “Law is reason free
from passion, but ethics gives it a heart.”
·
Kautilya
(Arthashastra): “In the happiness of the people lies the happiness of
the king.”
“A good civil servant respects the law as the foundation of governance, but ethics as the soul of governance. True public service lies in implementing laws in the spirit of compassion, fairness, and justice — ensuring that legality serves humanity.”
Section A
“A mere compliance with law is not enough, the
public servant also have to have a well developed sensibility to ethical issues
for effective discharge of duties” Do you agree?
Explain with the help of two examples where
(a)
An
act is ethically right, but not legally and
(b)
An
act is legally right, but not ethically. 2015
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Law and ethics are considered to be the two tools
for controlling human conduct so as to make it conducive to civilized social
existence.
(a) Discuss
how they achieve this objective.
(b)
Giving
examples show how the two differ in their approaches. 2016
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·
Distinguish
between laws and rules. Discuss the role of ethics in formulating them. 2020
·
Apart from intellectual competency and
moral qualities, empathy and compassion are some of the other vital attributes
that facilitate the civil servants to be more competent in tackling the crucial
issues or taking critical decisions. Explain with suitable illustrations. 2022
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·
Public
servants need to be both fair and compassionate, but these can clash. Discuss
this issue with examples. How can a balance be maintained for fair and ethical
governance? KPSC 2025
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·
“Examine this statement with two
examples — one where an act is legal but ethically questionable, and another
where an act is ethical but illegal.” KPSC
2025
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·
“A nation should not be judged by how it
treats its highest citizens, but its lowest ones.” –Nelson Mandela.
How does this quote emphasize the role of empathy
and tolerance in public administration? Discuss its significance with examples
of welfare policies aimed at weaker sections. KPSC 2025
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“Excessive empathy can sometimes conflict with
objectivity in decision-making.” Examine this dilemma with suitable examples.
How can a public servant balance empathy with fairness and impartiality? KPSC
2025
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Section B
2016 – Old woman - No Required Documents
Suppose you are an officer in-charge of implementing
a social service scheme to provide support to old and destitute women. An old
and illiterate woman comes to you to avail the benefits of the scheme. However,
she has no documents to show that she fulfills the eligibility criteria. But
after meeting her and listening to her you feel that she certainly needs
support. Your enquirers also show that she is really destitute and living in a
pitiable condition. You are in a dilemma as to what to do. Putting her under
the scheme without necessary documents would clearly be violation of rules. But
denying her the support would be cruel and inhuman.
a) Can
you think of a rational way to resolve this dilemma?
b) Give
your reasons for it.
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2018 – Old man, not belong to the Reserved Community
Rakesh is a responsible district level officer, who
enjoys the trust of his higher officials. Knowing his honesty, the government
entrusted him with the responsibility of identifying the beneficiaries under a
health care scheme meant for senior citizens.
The criteria to be a beneficiary are the following:
a) 60
years of age or above.
b) Belonging
to a reserved community.
c) Family
income of less than 1 Lakh rupees per annum.
d) Post-treatment
prognosis is likely to be high to make a positive difference to the quality of
life of the beneficiary.
One day, an old couple visited Rakesh’s office with
their application. They have been the residents of a village in his district
since their birth. The old man is diagnosed with a rare condition that causes
obstruction in the large intestine. As a consequence, he has severe abdominal
pain frequently that prevents him from doing any physical labour. The couple
has no children to support them. The expert surgeon whom they contacted is
willing to do the surgery without charging any fee. However, the couple will
have to bear the cost of incidental charges, such as medicines,
hospitalization, etc., to the tune of rupees one lakh. The couple fulfils all
the criteria except criterion ‘b’. However, any financial aid would certainly
make a significant difference in their quality of life.
How should Rakesh respond to the situation?
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2016 – (Likely) Victim of Domestic Violence
You are a young, aspiring and sincere employee in a
Government office working as an assistant to the director of your department.
Since you have joined recently, you need to lean and progress. Luckily your
superior is very kind and ready to train you for your job. He is a very
intelligent and well-informed person having knowledge of various departments.
In short, you respect your boss and are looking forward to lean a lot from him.
Since you have good tuning with the boss, he started depending on you. One day
due to ill health he invited you at his place for finishing some urgent work.
You reached his house and before you could ring the bell you heard shouting
noises.
You waited for a while. After entering the house the
boss greeted you and explained the work. But you were constantly disturbed by
the crying of a woman. At last, you inquired with the boss but his answer did
not satisfy you. Next day, you were compelled to inquire further in the office
and found out that his behavior is very bad at home with his wife. He also
beats up bit wife. His wife is not well educated and is a simple woman in
comparison to her husband. You see that though your boss is a nice person in
the office, he is engaged in domestic violence at home.
In such a situation, you are left with the following
options. Analyse each option with its
consequences.
(a) Just
ignore thinking about it because it is their personal matter.
(b) Report
the case to the appropriate authority.
(c) Your
own innovative approach towards the situation.
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KAS 2025 – Homeless Individuals – Severe Winter
You are the Municipal Commissioner of a metropolitan
city. As winter approaches, there has been a sharp increase in homeless deaths
due to cold waves. Many homeless individuals, including migrant labourers,
elderly and abandoned women, sleep on pavements. While the city has
government-run night shelters, reports indicate they are underutilized due to
poor awareness, social stigma, and unsafe conditions. Additionally, a few
commercial groups are lobbying to clear footpaths to prevent ‘encroachments’
that affect their businesses. The media has begun questioning the
administration’s accountability.
(a) How
will you ensure immediate relief for the homeless while addressing long-term
rehabilitation?
(b) How
will you balance the economic concerns of businesses with the rights of
vulnerable people?
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KAS 2025 – Illegal Settlements vs Poor Families
Meera, a District Magistrate, is overseeing an
anti-encroachment drive to clear illegal settlements. While the action is
legally mandated, she finds that many affected families are poor and have no
alternative housing. Evicting them would cause immense suffering, but delaying
the operation could result in legal consequences and accusations of
favouritism.
(a) Should
Meera proceed strictly as per the law or consider a more empathetic approach?
(b) How
can she balance legal duty with compassion?
(c) What
long-term policy solutions can address such dilemmas?
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