Q13.“In doing a good thing, everything is permitted which is not prohibited expressly or by clear implication”. Examine the statement with suitable examples in the context of a public servant discharging his/her duties.

The statement implies public servants can exercise discretion for public good in areas not expressly or implicitly prohibited. It advocates proactive governance beyond strict rule-following.

Promoting Proactive Governance

• Encourages innovation and responsiveness where rules are silent or inadequate.
• Allows proactive problem-solving and welfare-oriented action for citizens.
• Example: An officer creatively mobilising resources for disaster relief beyond standard protocols.

Limitations and Ethical Boundaries

• Must uphold the rule of law, accountability, and due process, preventing arbitrary action or misuse of power.
• 'Good thing' must be objectively defined by public interest and foundational values like integrity, impartiality.
• 'Clear implication' refers to the spirit of law, ethical principles, and established norms.
• Example: Bypassing tender procedures for a 'good' project, though not explicitly forbidden, violates due process and transparency.

Thus, while discretion fosters innovation, it must be balanced with the rule of law and ethical principles for transparent, accountable, and public-interest-driven governance.