OP1-assignment 2Why 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.