GS Paper IV — Q5
(a) "The 'Code of Conduct' and 'Code of Ethics' are the sources of guidance in public administration. There is code of conduct…
"The 'Code of Conduct' and 'Code of Ethics' are the sources of guidance in public administration. There is code of conduct already in operation, whereas code of ethics is not yet put in place. Suggest a suitable model for code of ethics to maintain integrity, probity and transparency in governance. (Answer in 150 words) 10 marks
The soul of the new law, Bharatiya Nyaya Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system. (Answer in 150 words) 10 marks
हिंदी में प्रश्न पढ़ें
'आचार संहिता' और 'नैतिक संहिता' लोक प्रशासन में मार्गदर्शन के स्रोत हैं। आचार संहिता पहले से ही क्रियान्वित है जबकि नैतिक संहिता अभी तक लागू होना बाकी है। शासन में सत्यनिष्ठा, ईमानदारी और पारदर्शिता बनाए रखने के लिए एक उपयुक्त आदर्श नैतिक संहिता का सुझाव दीजिए। (उत्तर 150 शब्दों में दीजिए)
नए कानून भारतीय न्याय संहिता (बीएनएस) की आत्मा भारतीय संस्कृति और लोकाचार पर आधारित न्याय, समानता और निष्पक्षता है। वर्तमान न्यायिक प्रणाली में दंड के सिद्धांत से न्याय की ओर बड़े बदलाव के आलोक में इस पर चर्चा कीजिए। (उत्तर 150 शब्दों में दीजिए)
Model answer
Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.
(a) A model code of ethics for public administration
The Central Civil Services (Conduct) Rules, 1964 and the All India Services (Conduct) Rules, 1968 list what is forbidden; a code of ethics states the values that should guide discretion. The 2nd ARC (4th Report, Ethics in Governance) recommended a statutory code.
A suitable model:
- Core values: integrity, impartiality, objectivity, accountability, transparency, empathy towards the weak, dedication to public service and adherence to constitutional values.
- Statutory basis: a Public Services Ethics law, so the code binds and is not merely advisory.
- Operational guidance: rules on conflicts of interest, gifts, post-retirement employment, and use of social media, with worked examples.
- Disclosure: annual public declaration of assets and interests.
- Institutions: an independent ethics commission to advise, investigate and publish reports; ethics officers in departments.
- Protection and incentives: whistle-blower safeguards; ethics in appraisal and promotion.
- Training: ethics modules under Mission Karmayogi.
(b) BNS: from punishment to justice
The Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024, replaced the colonial IPC. Its stated aim is justice (nyaya) rather than punishment (danda).
The shift is visible in:
- Community service added as a punishment (Section 4) for minor offences such as petty theft, favouring reform over jail.
- Victim focus: a separate chapter on offences against women and children; gang rape of a minor made punishable with death; gender-neutral provisions for some offences.
- New offences for organised crime, terrorism and mob lynching, protecting society equally.
- Sedition replaced by Section 152, aimed at acts endangering sovereignty, unity and integrity.
- Procedural justice through the BNSS: timelines for trials and judgments, zero FIRs and e-FIRs, and videography of searches.
Critics note that Section 152 may be as broad as sedition and that longer police custody under the BNSS can be misused. Justice, equality and impartiality will depend on faithful implementation.
How this answer will be evaluated
Framework: GS4 Ethical Reasoning & Governance
What earns full marks: Precise model/analysis, specific examples, clear distinction between concepts, strong link to Indian ethos.
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- (a) Suggest a suitable model code of ethics for integrity, probity and transparency in governance, distinguishing it from the code of conduct. 10 marks · 150 words
suggest— the problem in one line → implementable measures → who acts → conclusion
Must cover
- Distinction: conduct rules (AIS/CCS Conduct Rules—prescriptive, enforceable) vs code of ethics (values, aspirational, guides discretion)
- Core values of the model: integrity, impartiality, objectivity, accountability, openness, empathy, dedication to public service (Nolan principles, 2nd ARC 4th Report)
- Institutional design: statutory backing (Civil Services Bill/Public Service Values), independent ethics body, conflict-of-interest and asset disclosure, whistle-blower protection, ethics audit and training
- Implementation: citizen charters, grievance redress, performance appraisal including integrity, periodic review
Loses marks
- Confusing code of ethics with conduct rules
- Only a list of values without mechanism
- No Indian reference
Earns more
- Examples: UK Civil Service Code, OECD integrity framework
- Link to Lokpal and RTI
- Role of leadership
Extra mark
- A short model outline (preamble, values, duties, enforcement)
- (b) Discuss how the Bharatiya Nyaya Sanhita reflects justice, equality and impartiality and marks a shift from punishment to justice. 10 marks · 150 words
discuss— intro → 3-4 dimensions → example → balanced close
Must cover
- Context: BNS 2023 (in force 1 July 2024) replacing IPC 1860; decolonising criminal law
- Justice-oriented features: community service (s.4(f)), gender-neutral provisions, focus on crimes against women and children, organised crime and terrorism defined, sedition replaced by s.152, attempt to suicide largely decriminalised (s.226 limited)
- Linked procedural changes in BNSS/BSA: time-bound investigation and trial, e-FIR, forensic mandatory for serious offences, victim-centric rights
- Balanced view: concerns (s.152 breadth, custody provisions, capacity) and the need for implementation
Loses marks
- Only praise without critique
- Wrong section numbers or claims
- Using IPC terms as current law
Earns more
- Indian ethos (nyaya, dharma, restorative traditions)
- Reformative vs retributive theories
- Data on implementation (e-Sakshya, forensic units)
Extra mark
- Specific case illustrating community service
What "Suggest" is asking you to do
Propose measures that attach to the causes the question has just had you identify. Each should name who acts, on what, and why it would work; a measure with no actor behind it is a wish rather than a suggestion.
Structure that answers it
The problem in one line → measure 1 with the cause it addresses → measure 2 → measure 3 → how it would be implemented and what it requires
Where marks are lost
Prescriptions that would fit any question on any subject — awareness campaigns, capacity building, better coordination. The examiner checks whether each measure is traceable to a cause the answer itself named.
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
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