Mains Practice Questions

Approach:

• Introduce the answer by giving a reference quote to justify the statement of the question
• Delve into the ethical dilemma between Procedural Integrity vs. Spirit of Justice
• Give Arguments for Upholding Procedural Integrity and Upholding Substantive Justice
• Give a balanced approach in the end and conclude with a quote.

Introduction:

Plato argued that "Justice is giving everyone his due." In governance, this raises a conflict between procedural justice (adherence to rules and due process) and substantive justice (the ethical and fair outcome of an action). While procedural integrity ensures transparency and accountability, blind adherence may sometimes contradict the moral essence of justice.

Body:

Procedural Integrity vs. Spirit of Justice: An Ethical Dilemma in Public Service Civil servants function within a framework of laws and rules, yet real-world situations often challenge the sufficiency of procedural compliance. Strict adherence may:

• Deny the needy access to welfare, e.g., due to lack of documents.
• Delay life-saving interventions during disasters.
• Systemic exclusion for marginalized communities due to land acquisition issues.

This leads to a core ethical dilemma: Should a civil servant uphold the "letter of the law" or act in favor of the "spirit of justice"?

Arguments for Upholding Procedural Integrity

• Example: Cancellation of exam results by UPSC due to malpractices, even if it affects some innocent candidates — ensures systemic integrity.

Arguments for Upholding Substantive Justice (Even if Deviating from Procedure)

• Example: Jitendra Kumar Soni, IAS, launched the "Charan Paduka Abhiyan" to provide footwear to poor children. His initiative upheld substantive justice by prioritizing dignity over rigid rule-following.
• Example: In Olga Tellis v. BMC (1985), SC held that eviction of pavement dwellers without rehabilitation violated Right to Livelihood, even though the eviction was legally valid- an example of substantive justice trumping procedural correctness.

While both values are essential, neither can be pursued in absolutism. Civil servants should:

• Use Discretion with Justification: Any deviation must be recorded with reasons and outcomes, to ensure auditability.
• Follow Proportionality Principle: Minor procedural deviations may be justified to avoid greater injustice.
• Apply Ethical Reasoning Tools:
  • Rawlsian Justice (focus on the most disadvantaged)
  • Code of Conduct & Integrity

Conclusion:

• Governance must rest on the twin pillars of procedural integrity and moral reasoning. Rules are essential scaffolding, but justice is their ultimate aim. As Aristotle said, the law is reason free from passion, but justice often requires compassion. A civil servant must therefore become a moral agent within a legal system, ensuring that no one is denied justice merely because the process wasn’t designed for their reality.