Engaging Citizens in Policy-making
Recently, the Economist Intelligence Unit has released Global Democracy Index 2020 in which India has fallen to the 53rd position, categorised as a ‘flawed democracy’.
Need for citizen engagement in law making and policies
- Electoral mandate is not a carte blanche to do as the government wishes: It enables the government to present its proposals to people and seek their approval, through representative bodies and through public consultations.
- It would provide a level playing field for legitimate advocacy and lobby efforts if done transparently.
- Exclusionary and arbitrary law and policy-making process: As per an analysis, between June 2014 and May 2019, a total of 186 bills were introduced, out of which 142 saw no prior consultations.
- Inequitable access to citizens’ participation: The exclusion of citizens from law and policy-making processes is a relatively unexplored yet crucial social justice issue.
- Exclusion of diverse voices in decision making: It manifests in procedures which are designed to deny opportunity, create constraints of technology, language and time, as well as disable meaningful consultations.
- The proportion of bills being referred to Parliament Committees for study and consultation has drastically fallen from 60 per cent in the 14th Lok Sabha, and 71 per cent in the 15th Lok Sabha to 27 per cent in the 16th Lok Sabha to just 11 per cent so far.
- Interference of judiciary for public consultations: The concerned citizens had to approach the courts to get the deadline for consultation extended and to get the government to make the notification available in all scheduled languages so that everyone could meaningfully participate in the consultation.
- Secret corporative donors to political parties: The dubious electoral bonds scheme has grave implications for access to law-making as secret corporate donations to political parties can deeply influence law and policy-making at the disadvantage of those who are without those means.
- Denial of fundamental rights of citizens: The adoption of arbitrary and discretionary processes and not clearly identifying and including all stakeholders in the policy-making process, the government denies equality before law to those excluded.
- It curtails the freedom of speech of such excluded groups to undertake legitimate advocacy on law and policy issues.
What is the role of citizens in decision making process?
- Citizen should be aware of its rights and duties: The idea of citizenship has acquired a new meaning, content and purpose in the democratic world.
- While emphasizing on rights, it very important that one is also sincere about his or her duties towards the society at large.
- Citizens’ duty towards community: The Article 29(1) of the Universal Declaration of Human Rights states that everyone has duties to the community in which alone the free and full development of his personality is possible.
- Constitution of India provides balance citizens’ rights and duties: The citizens’ duties as enshrined in the Constitution are essentially a codification of tasks integral to the Indian way of life i.e. they focus on tolerance, peace and communal harmony.
- It is necessary to remember that while exercising one’s rights must remember one’s duties towards these constitutional concepts.
- Citizens need to remember their constitutional duties for the progress of country:Democracy cannot establish deep roots in society until the citizens don’t complement fundamental rights with their fundamental duties.
Significance of citizens’ participation in decision making
- Adoption of a citizen-centric worldview in policymaking: A collaborative approach to policy-making upholds the dignity, agency and capabilities of individuals.
- Nations transformed into developed economies: Many nations across the world have transformed into developed economies by embodying the principles of “responsible citizenship” i.e. all the responsibilities and duties that citizens of a nation should exercise and respect.
- Fundamental Duties helps in development of a citizen: It is only through the fulfillment of our duties in the most earnest way, that we can live life to our truest potential and help lead our nation towards prosperity and development.
- Active participation is a new frontier: It recognizes the capacity of citizens to discuss and generate policy options independently.
- It requires governments to share in agenda-setting and ensure that policy proposals generated jointly will be taken into account in reaching a final decision.
- Regular evaluation of government through citizen participation: The government needs tools, information and capacity to evaluate their performance in providing information, conducting consultation and engaging citizens in order to adapt to new requirements and changing conditions.
- Participation by citizens in the governance forms the bedrock of democracy: We should expect that the institutions through which our democracy is expressed should be themselves constantly renewed, recalibrated and re-imagined.
Challenges in engaging citizen in law making process
- Questions of power and its redistribution: It is not hard to imagine that the cultural, psychological and procedural shifts that are involved when professionals are expected to engage with ‘ordinary’ citizens in the co-design and delivery of services.
- Reluctant to share power with users and communities: The people with hard-earned professional qualifications and official responsibilities may be reluctant to trust the behaviours and decisions of ordinary citizens.
- They will likely be anxious not to offend their peers’ professional norms and concerned not to breach ethical standards or legal requirements of duty-of-care.
- Question mark on qualities of citizens participating: The participation by outsiders in government policy and regulatory matters, especially by NGOs or industry groups, may prompt fears of capture by special interests.
- Fear of conflict among different stakeholders: A proliferation of participants may increase the chances of conflict and lead to protracted negotiations, possibly paralysing the overall process.
Measures to be adopted to include citizen in national law making procedure
- Increase in focus on Pre Legislative Consultation Policy (PLCP): It was instituted in 2014 requiring that every ministry and department “proactively” publish every proposed draft legislation or subordinate legislation, its justification, essential elements, financial implications etc.
- It provides that all such information should be put in the public domain for a minimum period of 30 days and the feedback received should also be published on the website of the ministry or department.
- It provides that the summary of this pre-legislative process should be made available to any Parliament Standing Committee to which the subsequent bill may be referred.
- Working on existing laws and regulations for citizens’ participation across the globe:Some countries have adopted laws and regulations to make lobbying transparent and to provide for effective ways for citizens to participate in law-making through feedback and referenda.
- Formulation of transparent consultation process: It must be initiated to design a law on public participation in law and policy-making and to regulate lobbying and advocacy in an equitable manner.
- Increase in access to information: It requires sound legislation, clear institutional mechanisms for its application and independent oversight institutions and judiciary for enforcement.
- Consultation is key to policy-making: It is an essential element of public policy making in major developed and advanced economies.
Road ahead
- In a country governed by rule of law and a liberal Constitution providing for representation of marginalised sections in law-making positions, it is not difficult to argue that closed and exclusive access to law making processes is antithetical to justice, social, economic and political.
- A close scrutiny of the clauses of Article 51A of the Constitution, indicate that a number of duties refer to values, which have been part of Indian tradition, mythology, religion and practices.
- The Fundamental Duties must serve as a constant reminder of our national goals as well as inculcate, in all of us, a profound sense of social responsibility.
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