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Public Policy and Law: How Laws Shape Society and Governance



Public policy and law are deeply connected. While law provides the rules, public policy provides the direction. Together, they shape how a country is governed, how rights are protected, and how social and economic goals are achieved. In India, public policy is guided by constitutional values such as justice, liberty, equality, and fraternity, and laws are the tools used to implement these policies.

Understanding the relationship between public policy and law helps us see why laws are made, how they change, and whom they serve.


What Is Public Policy?

Public policy refers to the decisions, plans, and actions taken by the government to address public issues. These issues may include education, healthcare, environment, employment, poverty, digital governance, or national security.


Public policy answers questions like:

  • What problem needs to be solved?

  • Who is affected?

  • What solution will benefit society as a whole?

For example, policies on free education, digital payments, or climate change are all public policies.


What Is the Role of Law in Public Policy?

Law is the formal mechanism through which public policy is implemented. Once a policy decision is taken, it is usually converted into:

  • An Act of Parliament

  • Rules and regulations

  • Government notifications

Without law, public policy remains only an idea. Law gives it legal force and enforceability.


Constitution of India: The Foundation of Public Policy

The Indian Constitution is the primary source of public policy. It:

  • Lays down Directive Principles of State Policy (DPSPs) under Part IV

  • Guarantees Fundamental Rights

  • Defines the structure of governance


Directive Principles of State Policy

DPSPs guide the government in making policies related to:

  • Social justice

  • Welfare of workers

  • Public health

  • Environment protection

  • Equal pay and education

Though not enforceable in court, DPSPs heavily influence law-making.


Case Law: State of Madras v. Champakam Dorairajan (1951)

The Supreme Court held that DPSPs are fundamental in governance but cannot override Fundamental Rights. This judgment clarified the balance between policy goals and legal rights.


How Public Policy Becomes Law

The policy-to-law process usually follows these steps:

  1. Identification of a public issue

  2. Policy formulation by ministries or expert committees

  3. Drafting of legislation

  4. Parliamentary debate and approval

  5. Presidential assent

  6. Implementation through rules and authorities

Example: The Right to Education began as a policy goal and later became a constitutional right under Article 21A.


Judiciary’s Role in Shaping Public Policy

Indian courts play a crucial role in reviewing public policy to ensure it is:

  • Constitutional

  • Reasonable

  • Non-arbitrary

Courts do not make policy, but they interpret and test it against constitutional standards.


Case Law: Maneka Gandhi v. Union of India (1978)

The Supreme Court expanded the meaning of “procedure established by law” and held that laws and policies affecting personal liberty must be just, fair, and reasonable. This judgment had a major impact on policy-making.


Public Policy in Economic and Social Laws

  1. Economic Policy

Laws relating to:

  • Competition

  • Insolvency

  • Banking

  • Foreign investment

are based on economic public policy to promote growth and stability.


Case Law: Swiss Ribbons v. Union of India (2019)

The Supreme Court upheld the Insolvency and Bankruptcy Code, stating that economic legislation must be viewed with deference to legislative policy choices.


  1. Social Policy

Social welfare laws such as:

  • MGNREGA

  • Food Security Act

  • POSH Act

are driven by policies aimed at protecting vulnerable sections.


Case Law: Vishaka v. State of Rajasthan (1997)

The Court framed guidelines on workplace sexual harassment, influencing future legislation and public policy.


Public Policy and Environmental Law

Environmental protection is a major area of public policy.

Laws like:

  • Environment Protection Act, 1986

  • National Green Tribunal Act

are outcomes of environmental policy commitments.


Case Law: MC Mehta v. Union of India

The Supreme Court applied the polluter pays principle and precautionary principle, shaping India’s environmental public policy.


Public Policy as a Ground to Invalidate Contracts

Under Section 23 of the Indian Contract Act, agreements opposed to public policy are void.

Examples:

  • Agreements involving corruption

  • Trafficking

  • Illegal trade

  • Restraint of justice


Case Law: Central Inland Water Transport v. Brojo Nath Ganguly (1986)

The Supreme Court struck down an unfair employment clause as being against public policy and constitutional values.


Challenges in Public Policy and Law

Some major challenges include:

  • Conflicting policy goals

  • Political influence

  • Implementation gaps

  • Judicial overreach concerns

  • Rapid technological change

Balancing innovation, welfare, and rights remains a constant challenge.


Future of Public Policy and Law in India

India’s future policies focus on:

  • Digital governance

  • Data protection

  • Climate action

  • Inclusive growth

Strong laws, transparent governance, and judicial oversight will be essential to ensure that public policy serves the people effectively.


Conclusion

Public policy and law together form the backbone of governance in India. While public policy identifies the goals of society, law ensures their execution within constitutional limits. Courts act as guardians to ensure fairness, equality, and justice. A healthy democracy requires policies that are people-centric and laws that are just, reasonable, and enforceable. Understanding this relationship helps citizens, lawyers, and policymakers contribute to better governance and social progress.

 
 
 

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