OP1-assignment 2

Why do we need public policies? Discuss the ways that the public and
public opinion shape policy decisions
regarding complex issues in India? Critically evaluate any right-based
policy formulated
by the Central Government of India?
(2000 words)

When we speak theoretically, Public policies are the manifestation of the peoples will. In
a democratic parliamentary system like india parliament is entrusted to legislate and
frame policies in the interest of its citizens who have elected them through a direct
election procedure. So when we say elected representatives we mean public
representatives and they are the ones who take decisions in the name of public.
Public policy is a guide/framework/procedural steps to address the needs and to maintain
order in a democratic setup under the ambit of constitution. The term 'public' is now
supposed to mean essentially a segment of society. Public policy is a collection of public
laws, mandates, rules, procedures defined by a political process.
Public policies essentially capture the intentions of the government. Without a policy
there can be no governance. To govern there must be a set of guidelines. Policies provide
those guidelines. Policies enable the public to measure the achievements of the
government. If there is a public policy it can be critiqued and government can be pulled
up for not implementing its policies. A policy document lists out the intentions or
objectives of the government for a particular sector or group of people.
However in the case of a diverse polity like india it all becomes pertinent and to an extent
complex to frame policies which meets the needs and demands of individuals who hails
from diverse economic, social, regional, religious and social background. It is therefore a
challenging and most important task to frame policies which covers the wide expanse of
nation geographically and in implementation process.
Moreover Policy making is a hit and trial process and may require various changes over a
period of time to cater the target sector with deliberations, debate and legislative
measures. But there are some basic necessary steps which needs to be followed so as to
bring a holistic effective policy.
Views on the use and role of public opinion in forming policy can often be as diverse as
the opinions themselves. It is popularly said that there is "no such thing as public opinion.
There is only published opinion". In todays digital era there are various means and
medium which plays role in forming public opinions and also allow the opinions a
platform from where the policymakers can hear them.
There are several sectors including Foreign policy which provides an interesting starting
point, with historical examples showing where public opinion has and hasn't affected
government polices. Everyday we see a sea of opinions gushing out either on electronic
media, print media, cinema, political parties etc. Many opinions are based on gaining
advantage and using the support garnered out of it for personal benefits, like opinions on
India-Pakistan relations. While there are views which demand an urgent action like we

have seen after Nirbhaya case which resulted and importantly affected the justice verma
report based kn which an ordinance was passed for women safety.
Public opinion could also help set the pace of reform. To overcome frustrations around
the lengthy timetable required to implement reform, why not allow policy to be
timetabled to align with public opinion? Therein lies the momentum and impetus to
accelerate the speed at which the aptly labelled dead hand of the state implements policy.
Even if the theory of democracy is accepted and the role of opinion in the determination
of public policy is taken for granted, the debatable points are: "What public?" and
"Whose opinion?" A political "public" may mean anything ranging from an undisciplined
mob to an articulated minority. Again, "opinion" may be rationally or irrationally formed,
or expressed. These are similar other problems relating to the concept of public opinion
have produced an important controversies
The role of public opinion in a democracy is of particular significance on two grounds. In
the first place, when free play of opinion is assured, the whole process acts as a check on
the overgrowth of power. A government, whatever be its structure, is, after all, an
organization of power. Democracy is distinguished from other forms of government by
the fact that it is built on the assumption of diffusion of power rather than its
concentration in one centre. It functions best when, a balance in the structure of the
community is secured, by allowing opinions to complete peacefully and freely, a
democratic structure strives, as it were, to set a thief to catch a thief. It ensures an
interlocking system in which no power group can seize an opportunity to outbid others
and exert undue pressure on the government. Where through coercion or callousness,
opinion becomes paralyzed, the condition spells a danger for democracy.
This brings us to the second important function discharged by public opinion in a
democracy. When law becomes a reflection of public opinion, it offers an easy solution to
the problem of political obligation. The citizens obey the law, as it rests on their will to
obey. The whole process of lawmaking serves to obliterate the distinction between the
law-giver and the law- receiver.
To understand the implications of policy making and public opinion better let us take an
example of Right to Education Act, 2009. After independence, Article 45 under the newly
framed Constitution stated that The state shall endeavor to provide, within a period of ten
years from the commencement of this Constitution, for free and compulsory education for
all children until they complete the age of fourteen years.
The RTE Act is a detailed and comprehensive piece of legislation which includes
provisions related to schools, teachers, curriculum, evaluation, access and specific
division of duties and responsibilities of different stakeholders. Key features of the Act
include:
Every child from 6 to 14 years of age has a right to free and compulsory education
in a neighborhood school till completion of elementary education.
Private schools must take in a quarter of their class strength from `weaker sections
and disadvantaged groups', sponsored by the government.

All schools except private unaided schools are to be managed by School

Management Committees with 75 per cent parents and guardians as members.
All schools except government schools are required to be recognized by meeting
specified norms and standards within 3 years to avoid closure.
On the basis of this Act, the government has framed subordinate legislation called model
rules as guidelines to states for the implementation of the Act.
As is evident, even after 60 years, universal elementary education remains a distant
dream. Despite high enrollment rates of approximately 95% as per the Annual Status of
Education Report (ASER 2009), 52.8% of children studying in 5th grade lack the reading
skills expected at 2nd grade. Free and compulsory elementary education was made a
fundamental right under Article 21 of the Constitution in December 2002, by the 86th
Amendment. In translating this into action, the `Right of Children to Free and
Compulsory Education Bill' was drafted in 2005. This was revised and became an Act in
August 2009.
The RTE Act has been criticised by a diverse array of voices, including some of
the best economists. MHRD was perhaps keen to achieve this legislation in the first 100
days of the second term of the UPA, and chose to ignore many important difficulties of
the Act. This led to passing of such an act which lacked understanding of existing scheme
of things. This included existing quality/output levels, infrastructure, roles and
responsibilities of politico groups and judiciary and above all how no detention policy
could help in achieving quality of education. Now it has been 5 years since this law was
notified and during this time period we have seen tons of opinion generating to reform the
policy, even state governments are of the opinion to bring reform and relook. The biggest
hurdle which lies in the reform path is accepting the fact in front of the world that our
quality of education suffered because of lack of understanding on the part of policy think
tank. Some state governments such as Rajasthan has passed a state law to amend the
questionable clause in the act. It is however required on the part of policymakers to usher
great deal of energy and efforts to develop viewpoint on any policy matter so that
common man should not suffer the implication of bad policy.