GS Paper IV 2024 · Q5 (Section A)
2 parts · 10 marks and 150 words each Probity in governance X-Ray · Core #1Q5(a) 10 marks · 150 words · answered on its own
‘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.
Approach · directive: “suggest (a suitable model)”
What it asks · Distinguish the code of conduct in force from the missing code of ethics, and suggest a model code of ethics that secures integrity, probity and transparency in governance.
It asks 2 things — answer each
- Distinguish the code of conduct in operation from a code of ethics
- Suggest a suitable model code of ethics to maintain integrity, probity and transparency in governance
Open with · A code of conduct lists what an official must not do; a code of ethics states the values from which right conduct flows. India has only the first; the 2nd ARC's 10th Report (2008) proposed a three-level model.
Cover
- A table sets out the 2nd ARC's three levels: values at the apex, a code of ethics, and a code of conduct (the CCS and AIS Conduct Rules).
- Values: commitment to the Constitution, probity and integrity, impartiality and non-partisanship, objectivity, commitment to citizens' concerns, empathy for the vulnerable.
- Transparency in practice: reasons recorded for every decision, proactive disclosure and published declarations of interest.
- Statutory backing in a civil services law, as the ARC proposed, with adherence counted in appraisal and empanelment.
- An independent ethics audit of departments, on the lines of Australia's Public Service Commissioner.
Close with · The ARC's principle of open accountability: civil servants are accountable for their decisions and actions and should be willing to subject themselves to appropriate scrutiny.
Add value (verified)
- 2nd ARC, 10th Report, Refurbishing of Personnel Administration (November 2008), para 16.10: India prescribes no code of ethics for civil servants; a comprehensive Civil Service Code can be built at three levels: a concise statement of values at the apex, broad principles of behaviour forming the Code of Ethics, and a specific Code of Conduct; the values and the Code of Ethics should get statutory backing in the proposed Civil Services Bill.Second Administrative Reforms Commission, Tenth Report: Refurbishing of Personnel Administration, November 2008, Chapter 16 (Civil Services Code) — NITI Aayog, NITI for States (PDF) ↗“There is no Code of Ethics prescribed for civil servants in India although such Codes exist in other countries. A comprehensive Civil Service Code can be conceptualized at three levels. At the apex level, there should be a clear and concise statement of the values and ethical standards that a civil servant should imbibe.”
- DoPT amended Rule 3 of the CCS (Conduct) Rules on 27 November 2014 (G.S.R. 845(E)) to add the expected standards of the civil services, in an OM titled 'Need for code of Ethics and Values of Civil Services'.DoPT OM No. 11013/6/2014-Estt.A, 10 December 2014: Amendment to Rule 3 of CCS (Conduct) Rules, 1964 (copy on referencer.in) ↗“Amendment to Rule 3 of Central Civil Services (Conduct) Rules, 1964 - Need for code of Ethics and Values of Civil Services. This undersigned is directed to say that Rule 3 of Central Civil Services (Conduct) Rules, 1964 has been amended vide G.S.R. No 845(E) dated 27 th November, 2014 to incorporate the expected standards of the civil services”
- Para 16.11: besides commitment to the Constitution, civil service values should include the highest standards of probity, integrity and conduct; impartiality and non-partisanship; objectivity; commitment to citizens' concerns and public good; and empathy for the vulnerable and weaker sections.Second Administrative Reforms Commission, Tenth Report: Refurbishing of Personnel Administration, November 2008, Chapter 16 (Civil Services Code) — NITI Aayog, NITI for States (PDF) ↗“in addition to commitment to the Constitution these values should include: a. Adherence to the highest standards of probity, integrity and conduct b. Impartiality and non-partisanship c. Objectivity d. Commitment to the citizens’ concerns and public good e. Empathy for the vulnerable and weaker sections of society.”
- Para 16.12: drawing lessons from the Australian Public Service Act, under which the Commissioner evaluates how far agencies uphold the APS Values, the ARC held that an independent agency should audit departments on the measures they take to uphold civil service values; the Central Civil Services Authority may do this.Second Administrative Reforms Commission, Tenth Report: Refurbishing of Personnel Administration, November 2008, Chapter 16 (Civil Services Code) — NITI Aayog, NITI for States (PDF) ↗“Commission feels that an independent agency should audit organizations/departments and evaluate the measures the organization has undertaken to uphold the civil service values.”
- Para 16.13: drawing on the Nolan principles, the ARC suggested six principles for a Code of Ethics for civil servants (integrity, impartiality, commitment to public service, open accountability, devotion to duty and exemplary behaviour); open accountability means willingness to submit to appropriate scrutiny.Second Administrative Reforms Commission, Tenth Report: Refurbishing of Personnel Administration, November 2008, Chapter 16 (Civil Services Code) — NITI Aayog, NITI for States (PDF) ↗“Open accountability: Civil servants are accountable for their decisions and actions and should be willing to subject themselves to appropriate scrutiny for this purpose.”
Question: UPSC's CS (Main) 2024, GS Paper IV — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 221words · Minimalist IAS
A code of conduct lists what an official must not do; a code of ethics states the values from which right conduct flows. India has only the first, in the CCS (Conduct) Rules, 1964, enriched with some values in 2014; the 2nd ARC's 10th Report (2008) proposed a three-level model.
| Level | Answers | Content |
|---|---|---|
| Values (apex) | Why serve? | Probity, impartiality, empathy |
| Code of ethics | How to behave? | Integrity, open accountability |
|---|---|---|
| Code of conduct | What is forbidden? | CCS and AIS Conduct Rules |
- Values: besides commitment to the Constitution, the ARC listed probity and integrity, impartiality and non-partisanship, objectivity, commitment to citizens' concerns and public good, and empathy for the vulnerable and weaker sections.
- Transparency in practice: record reasons for every decision, disclose information proactively and publish declarations of interest, so that discretion leaves a trail citizens can follow.
- Statutory backing: place the values and the code in a civil services law, as the ARC proposed, and count adherence in appraisal and empanelment.
- Independent ethics audit: an independent agency should audit how departments uphold the values, as Australia's Public Service Commissioner evaluates its agencies; an ethics officer in each department can advise on dilemmas.
The code would rest on the ARC's principle of open accountability: civil servants 'are accountable for their decisions and actions and should be willing to subject themselves to appropriate scrutiny'.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
Q5(b) 10 marks · 150 words · answered on its own
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.
Approach · directive: “discuss (in the light of the shift from punishment to justice)”
What it asks · Discuss how far the BNS embodies justice, equality and impartiality rooted in Indian ethos, judged by the claimed shift from a doctrine of punishment to one of justice.
It asks 3 things — answer each
- Explain the shift from a doctrine of punishment to a doctrine of justice
- Discuss how the BNS reflects justice, equality and impartiality based on Indian culture and ethos
- Weigh how far the shift is real
Open with · The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, 1860 from 1 July 2024; introducing it, the Home Minister said the old laws aimed to punish, not to give justice, while the new objective will not be to punish anyone but give justice.
Cover
- A table contrasts the doctrine of punishment with the doctrine of justice: focus, petty offences and aim.
- Justice to victims: a new chapter on offences against women and children; nyaya, not danda, names the code.
- Equality: offences against women and children made gender-neutral, covering all victims and perpetrators.
- Reform over retribution: community service among punishments for the first time (Section 4).
- Impartiality: sedition, made to protect the colonial ruler, recast as Section 152, aimed at acts endangering India's sovereignty, unity and integrity.
- The test ahead: much of the IPC carries over; police reform, forensic capacity, legal aid and speedy trials decide the shift.
Close with · Gandhi's precept, Hate the sin and not the sinner, as the Indian ethos of such justice, honoured only when police stations and courts treat victim and accused alike with dignity.
Add value (verified)
- Union Home Minister, introducing the three criminal law Bills in the Lok Sabha (PIB, 11 August 2023): the IPC, the CrPC and the Evidence Act were made to strengthen and protect British rule and aimed to punish, not to give justice; the soul of the new laws is to protect citizens' constitutional rights, and their objective is to give justice, with punishment where needed to prevent crime.Union Home Minister introduces the Bharatiya Nyaya Sanhita Bill, 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and the Bharatiya Sakshya Bill, 2023 in the Lok Sabha — PIB, Ministry of Home Affairs, 11 August 2023 ↗“were made to strengthen and protect the British rule and their purpose was to punish, not to give justice. We are going to bring changes in both these fundamental aspects. The soul of these three new laws will be to protect all the rights given by the Constitution to the Indian citizens. The objective will not be to punish anyone but give justice”
- The BNS adds a new chapter on offences against women and children, and makes various such offences gender-neutral.PIB — New criminal laws (MHA, July 2024) ↗“Offences Against Women and Children: A new chapter has been added in BNS specifically to address offences against women and children, ensuring focused protection and justice. xx. Gender-Neutral Offences: Various offences against women and children have been made gender-neutral in BNS, covering all victims and perpetrators regardless of gender.”
- For the first time, community service is a punishment under Section 4 of the BNS.PIB — New criminal laws (MHA, July 2024) ↗“For the first time, Community Service has been introduced as one of the punishments in section 4 of BNS, 2023.”
- BNS Section 152 punishes acts that excite secession, armed rebellion or subversive activities, or endanger the sovereignty, unity and integrity of India.The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) — Gazette of India ↗“152. Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India”
- M.K. Gandhi: a man and his deed are distinct; the doer of a deed always deserves respect or pity, and 'Hate the sin and not the sinner' is a precept easy to understand but rarely practised, which is why hatred spreads.Gandhi's Life in His Own Words — mkgandhi.org (PDF) ↗“the doer of the deed, whether good or wicked, always deserves respect or pity as the case may be. ‘Hate the sin and not the sinner’ is a precept which, though easy enough to understand is rarely practised, and that is why the poison of hatred spreads in the world.”
Question: UPSC's CS (Main) 2024, GS Paper IV — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 225words · Minimalist IAS
The Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024, replaced the Indian Penal Code, 1860. Introducing it, the Home Minister said the old laws aimed 'to punish, not to give justice'; the new objective 'will not be to punish anyone but give justice'.
| Aspect | Doctrine of punishment | Doctrine of justice |
|---|---|---|
| Focus | Offence and offender | Victim and society |
| Petty offence | Prison or fine | Community service |
|---|---|---|
| Aim | Deterrence | Repair and reform |
- Justice to victims: a new chapter on offences against women and children ensures focused protection; nyaya, not danda, names the code.
- Equality: various offences against women and children are now gender-neutral, covering all victims and perpetrators.
- Reform over retribution: community service enters the punishments for the first time (Section 4), letting minor offenders contribute to society and learn from their mistakes.
- Impartiality: sedition, made to protect the colonial ruler, is recast as Section 152, aimed at acts that excite secession, armed rebellion or subversive activities, or endanger India's sovereignty, unity and integrity.
- The test ahead: much of the IPC carries over and punishment remains the main tool; the shift depends on police reform, forensic capacity, legal aid and speedy trials.
Gandhi's precept, 'Hate the sin and not the sinner', captures the Indian ethos of such justice; the BNS will honour it only when police stations and courts treat victim and accused alike with dignity.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
