Codes of Ethics and Codes of Conduct in Public Life

Two kinds of codes

Rules for behaviour in public life come in two forms:

• A code of ethics sets out broad values and principles – integrity, impartiality, public interest. It is aspirational and guides judgement.
• A code of conduct sets out specific rules of behaviour – what one may or may not do regarding gifts, property, political activity, media. It is prescriptive and usually enforceable.

Both are needed: ethics without conduct rules is vague; conduct rules without ethics produce legalistic compliance – obeying the letter while defeating the spirit.

International models

• Nolan Committee (UK, 1995) – Seven Principles of Public Life: selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
• UN International Code of Conduct for Public Officials (1996) – loyalty to public interest, efficiency, impartiality, conflict of interest rules, asset disclosure, gifts.
• OECD Recommendation on Public Integrity (2017) – a whole-of-society approach to integrity.
• UN Convention against Corruption (UNCAC, 2003) – Article 8 asks states to apply codes of conduct for public officials. India ratified UNCAC in 2011.

Codes in India

For civil servants

• Central Civil Services (Conduct) Rules, 1964 and All India Services (Conduct) Rules, 1968. Key duties: maintain absolute integrity and devotion to duty; political neutrality; no acceptance of gifts beyond limits; property returns; no private trade; no unauthorised communication of information; no criticism of government in public; courtesy; no dowry; no sexual harassment at the workplace.
• 2014 amendment to AIS (Conduct) Rules added Rule 3(1A) listing values: high ethical standards, integrity, honesty, political neutrality, accountability and transparency, responsiveness to the public particularly the weaker sections, courtesy and good behaviour, taking decisions solely in public interest, declaring private interests, not placing oneself under financial obligation, not misusing position, and making choices on merit.
• Draft Public Services Bill (2007) and the Hota Committee (2004) proposed a statutory Code of Ethics; it has not been enacted.

For ministers

• Code of Conduct for Ministers (first issued 1964, revised later) by the Ministry of Home Affairs – declare assets and liabilities to the PM (for Union ministers) or CM; sever business connections; not accept valuable gifts; not let family members undertake business with government.
• The 2nd ARC recommended an ethics code for ministers with a monitoring mechanism, and that the PM or CM report on compliance annually.

For legislators

• Lok Sabha Committee on Ethics (2000) and Rajya Sabha Ethics Committee (1997) – examine complaints of unethical conduct by members.
• Rajya Sabha adopted a code of conduct for members (2005) and a Register of Members' Interests.
• The "cash for query" scandal (2005) led to the expulsion of 11 MPs, upheld by the Supreme Court in *Raja Ram Pal v. Speaker, Lok Sabha* (2007).
• The Model Code of Conduct of the Election Commission governs parties and candidates during elections.

For judges

• Restatement of Values of Judicial Life (1997) adopted by the Supreme Court – judges should avoid close association with lawyers practising in their court, not hear cases involving relatives, not accept gifts, not engage in trade, and practise "a degree of aloofness".
• Bangalore Principles of Judicial Conduct (2002) – independence, impartiality, integrity, propriety, equality, competence and diligence.

For professions

• Bar Council of India rules for advocates, Medical Council (now National Medical Commission) ethics regulations, Press Council norms of journalistic conduct, and codes for chartered accountants (ICAI).

Why codes often fail

1. Lack of awareness – officials rarely read or are trained on codes.
2. Vagueness – broad words without examples.
3. Weak enforcement – slow disciplinary proceedings, political protection.
4. Outdated provisions – rules not updated for social media, digital assets, new conflicts of interest.
5. Top-down imposition – codes seen as external rules, not shared values.
6. No ethics infrastructure – no ethics officer or counselling to interpret codes.

Making codes work

• Combine a short, value-based code of ethics with a detailed code of conduct.
• Train with real cases and dilemmas.
• Create ethics offices or counsellors who give confidential advice.
• Update regularly – social media guidelines, post-retirement employment, digital assets.
• Leadership commitment – senior officers and ministers visibly following the codes.
• Link to appraisal and promotions.
• Public disclosure of assets, interests and gifts registers.
• Independent monitoring – an ethics commissioner or Lokpal role for codes.

Worked example

A district officer is offered an expensive smartphone as a "Diwali gift" by a local businessman whose factory licence is pending.

• Code of conduct: gifts from persons having official dealings are restricted; above the set limit, sanction is needed; the safest course is to decline.
• Code of ethics: integrity, objectivity and not placing oneself under obligation (Nolan) all point to refusal.
• Action: politely decline, explain that rules do not permit it, and process the licence strictly on merits. If the gift is sent anyway, return it with a letter and inform the superior.

Codes for the digital age

New situations need new rules:

• Social media – officers' personal posts on political issues, sharing of official information, and online harassment. Several States and the Centre have issued social media guidelines for employees.
• Post-retirement employment – a "cooling-off" period (one year for AIS officers, with government permission needed for commercial employment) prevents the revolving door.
• Digital assets and investments – declaration of crypto and other assets; restrictions on speculative trading.
• Lobbying – India has no law regulating lobbying; a register of lobbyists has been suggested.
• Use of AI tools – confidentiality of official data when using external platforms.

Codes and culture

Codes work only where the organisational culture supports them. Research on ethics programmes shows that the strongest predictors of ethical behaviour are leaders who model ethics, fair treatment of employees, safe reporting channels and consistent enforcement – not the length of the code. A short code that people know, believe in and see enforced is better than a long one that sits on a shelf.

Gifts: a quick guide

Gifts are the most common grey area. A simple test helps: Who is giving? Why now? How much is it worth? Could it influence, or appear to influence, my decision? Gifts from close relatives on family occasions are generally fine; gifts from people with pending work are not, whatever their value. Hospitality at official functions is acceptable; free holidays, hotel stays or expensive electronics from contractors are not. When in doubt, decline, record and inform – the three steps that protect both the officer and the public.

Mains practice question

Differentiate between a code of ethics and a code of conduct. Why has India not been able to make codes of ethics effective in public life, and what should be done? (250 words)

Answer framework

• Differences (table approach).
• Indian codes: CCS 1964, AIS 1968 (2014 values), ministers' code, ethics committees, judicial restatement.
• Why ineffective: awareness, vagueness, enforcement, outdated, no ethics infrastructure.
• Solutions: statutory code of ethics (Hota, 2nd ARC), ethics officers, training, disclosure, leadership.
• Conclude: codes + culture.