This statement emphasizes that rigid adherence to procedures, without considering the core intent, can lead to injustice. It highlights the role of civil servants in interpreting the true purpose behind laws and policies to ensure ethical governance. Examples illustrate how perceptive decision-making upholds justice.
Q4. (b) Mindless addiction to form, ignoring the substance of the matter, results in the rendering of Injustice. A perceptive civil servant is one who ignores such literalness and carries out true intent.” Examine the above statement with suitable illustrations.
Model Answer:
Introduction
The above statement highlights the conflict between rigid adherence to rules (form) and the pursuit of justice and fairness (substance) in bureaucratic settings. It suggests that true public service requires looking beyond the letter of the law to fulfill its spirit and intent.
Body
Dangers of Mindless Adherence to Form
- Strict adherence to rules without considering their intent or context can result in unfair outcomes and a waste of resources. For example, many poor families were excluded from PDS benefits due to lack of proper documentation, despite being eligible.
- This may result in outcomes that contradict the original intent of laws and policies. For example, The RTE mandates 25% reservation in private schools for EWS, but some schools manipulate admissions or create separate classes, undermining the law's intent.
- Excessive focus on procedural compliance can lead to the creation of complex, time-consuming processes that hinder efficient service delivery. For example, The process of obtaining a property title in many states takes months due to the regulatory hurdles, hindering EoDB.
- Civil servants may hesitate to implement innovative approaches for fear of deviating from established protocols. For instance, banks in India have been slow to adopt cutting-edge technologies and alternative lending practices due to fears of deviating from traditional compliance frameworks.
Benefits of Focusing on Substance
- Allows for adaptive problem-solving. For example, Shivendra Pratap Singh (IAS, Maharashtra) implemented a comprehensive approach to deal with farmer suicide.
- Better serves the public interest and the government's true objectives. For example, P. Narhari’s initiative to make Indore Divyang friendly.
- Emphasizing substance leads to policies that address real issues, resulting in better outcomes for the target population. For example, the initiative of “Kan Sikul, Kan Huan” by Shashanka Ala of Mizoram to fight Malnutrition.
- A substantive focus allows for rapid adjustments in policies as societal needs evolve, ensuring relevance over time. For example, Ira Singhal appointed a transgender in her office
- By focusing on outcomes rather than procedural formalities, the compliance burden on citizens and businesses is reduced. For example, the proposed single window system and plug-and-play system.
Conclusion
In navigating the intricate play between form and substance, true public service emerges not from rigid adherence to rules, but from a deep commitment to justice’s evolving spirit. By prioritizing the essence of fairness over procedural formalities, we unlock the potential for transformative outcomes that resonate with the needs of society.
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