Why in the News?
The issue is in the news following a proposal under the Jan Vishwas framework to centrally publish all government edicts and treat any non publicly accessible edict as null and void. The debate has also gained attention after the Indian Roads Congress (IRC) issued a takedown notice against the public sharing of its road safety standards, raising questions about whether government standards and safety regulations should be freely accessible as part of the law and public knowledge.
What are government edicts?
Government Edicts: Government edicts are legally binding instruments issued by the State, including laws, rules, regulations, notifications, circulars, guidelines, standards, SOPs, and government orders that govern citizens and institutions.
Why should they be public?
- Rule of Law: Citizens cannot obey laws they cannot access. Eg: Public access to Indian Roads Congress (IRC) standards.
- Legal Transparency: Prevents hidden or “shadow” regulations. Eg: Central publication of government notifications.
- Democratic Accountability: Enables public scrutiny of government actions. Eg: Citizens reviewing road safety standards.
- Access to Justice: Ensures equal knowledge of legal obligations. Eg: MSMEs accessing compliance standards without barriers.
- Citizen Empowerment: Creates an informed citizenry and participatory governance. Eg: Engineers and researchers using public standards.
Why is public access to safety standards important for democracy?
- Public Safety: Open standards improve compliance and reduce risks. Eg: Helmet and building safety standards.
- Right to Information: Citizens have a right to know rules affecting their lives. Eg: Free access to drinking water quality standards.
- Transparency: Prevents arbitrary enforcement of technical regulations. Eg: Publicly available road construction norms.
- Ease of Doing Business: Reduces compliance costs for businesses. Eg: MSMEs accessing manufacturing standards.
- Inclusive Governance: Eliminates information asymmetry. Eg: Contractors and citizens following the same safety norms.
How can the Jan Vishwas framework improve legal transparency?
- Centralized Repository: All government edicts available on one digital platform. Eg: Expansion of India Code.
- Removal of Shadow Instruments: Makes regulations, circulars, guidelines, and SOPs publicly accessible. Eg: Publishing notifications and standards.
- Null and Void Principle: Unpublished edicts should have no legal force. Eg: Citizens cannot be penalized under inaccessible rules.
- Digital Governance: Creates searchable and regularly updated legal databases. Eg: Online repository of standards and regulations.
- Regulatory Certainty: Improves predictability and compliance. Eg: Uniform interpretation of safety standards.
Which global practices can India adopt for open government standards?
- Open Government Doctrine: Laws belong to the public domain. Eg: U.S. Supreme Court principle, “No one should own the law.”
- Public Interest Access: Mandatory safety standards should be freely accessible. Eg: European Union constitutional jurisprudence.
- Open Licensing: Government information can be reused without restrictions. Eg: UK Open Government Licence.
- Works of Government Policy: Government publications should not be subject to restrictive copyright. Eg: U.S. federal government works are in the public domain.
- Digital Legal Repository: Ensures centralized access to legal materials. Eg: Government portals providing free legal documents.
What are the implications of making government standards freely accessible?
- Strengthened Rule of Law: Ensures equal access to legal obligations. Eg: Public availability of BIS and IRC standards.
- Improved Public Safety: Promotes better implementation of technical standards. Eg: Compliance with building and road safety norms.
- Economic Growth: Lowers compliance costs and encourages innovation. Eg: Support for Make in India and MSMEs.
- Greater Transparency and Accountability: Reduces regulatory opacity. Eg: Open access to government notifications and guidelines.
- Enhanced Democratic Participation: Creates informed stakeholders. Eg: Researchers, civil society, and courts using open government standards.
- Knowledge as a Public Good: Publicly funded information should benefit everyone. Eg: BIS making Indian Standards freely available online.
Conclusion
Government edicts and mandatory safety standards are public goods that form the foundation of the rule of law, transparency, and democratic accountability. Ensuring their free and universal accessibility through the Jan Vishwas framework can strengthen legal certainty, public safety, ease of doing business, and citizen empowerment, reaffirming the principle that “no one should own the law.”
