"In doing a good thing, everything is permitted which is not prohibited expressly or by clear…

Question

"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.

Ghissu Editorial · Accepted Answer

The statement is only partly valid for a public servant: it supports initiative and compassion within conferred discretion, but official power exists only where law confers it. The Supreme Court's 2024 demolition ruling and Prakash Kadam (2011) show that implied prohibitions and lawful means still bind.

**Introduction**

The statement restates the liberal maxim that whatever is not forbidden is permitted. A public servant, however, holds power on trust: under the doctrine of ultra vires, official power exists only where law confers it, so the maxim holds only inside that space.

**Where the Statement Holds for a Public Servant**

1. **Initiative within discretion**: No law foresees everything; Armstrong Pame, SDM of Tousem in Manipur, built the 100-km "People's Road" in 2012 through public donations when no project existed.
2. **Compassion within the mandate**: Kozhikode Collector N. Prasanth's Operation Sulaimani (2015) used local hotels to feed the hungry free, with no forbidden means.
3. **Against rule-bound paralysis**: The Second ARC's Citizen Centric Administration report (2009) asked officials to value outcomes over procedure.

**Where the Statement Needs Limits**

1. **Power must be conferred**: An officer acting without legal authority acts ultra vires even with good motives, as Article 300A shows for property.
2. **Implied prohibitions bind**: The Supreme Court's November 2024 demolition ruling held that razing an accused person's house as punishment breaches due process, and required a 15-day notice.
3. **Ends never cleanse means**: Prakash Kadam (2011) called fake encounters cold-blooded murder and told police to refuse illegal orders.
4. **"Good" is not self-certified**: Coercive sterilisation drives of the Emergency, recorded by the Shah Commission, were pursued as public good.

SKETCH: flow | Test Before Acting
- Public good?
- Within my mandate?
- Not expressly barred?
- Not barred by implication?
- Act, record reasons

**Conclusion**

The statement is only partly valid: a licence for initiative inside conferred discretion, never for overreach. The right test is "is it authorised, fair and recorded?", which keeps zeal within constitutional morality.

"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.

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