Law & Public Policy: What is the difference?

Every year, countless schemes, reforms and acts are rolled out by the government in India. But have you ever wondered what separates a government scheme from an act? Are they equally powerful?  If you’ve asked these questions, you’re not alone.

This blog decodes the difference between law and public policy. It delves deep into the interconnected yet distinct nature of the two domains.

As citizens of India, it is a no-brainer that both law and policy guide every action we take. From the National Education Policy (NEP) 2020 to the Right to Information Act, 2005, whether you’re a lawyer, an aspiring public policy professional, an educationist, a development professional, a corporate czar or more, you are bound by the laws and policies enlisted by the government. It is therefore critical to understand the distinction between the law and policy while also remembering that they work hand in hand.

To put it simply, a law is a system of rules created and enforced by official institutions of a nation and non-compliance has strict consequences for citizens. For instance, the Indian Penal Code (IPC) is a law that defines crime in India and prescribes punishments proportionate to specific crimes.  Policy on the other hand, is a ‘guiding principle’ or a ‘course of action’ that an official body adopts and it is not legally binding by itself. Certain policies are at a national level, some are at an institutional level or simply at the level of the state. For instance, the National Health Policy outlines the role of the government in improving healthcare systems across the country.

While laws enforce what is permissible, policies serve as roadmaps or blueprints for the way forward. The former are created by the legislature, the latter are created by the executive like certain ministries under the purview of the government. Laws are very rigid in nature, with less scope for change. Policies on the other hand are ever-evolving, flexible, broad and not fixed in nature. It is important to remember that in many instances, law and policy work together and often complement each other.

To put that into perspective, think of it like this: a policy often needs a strong legal backing to come into effect and become mandated in its usage. Legal backing enhances the enforceability of the policy, enabling it to be utilised more efficiently in day-to-day practice. For example, the Environment Protection Act of 1986 is a law however it does have several policies under its ambit like the National Clean Air Program which guides its functionality on a regular basis.

Learning by example

If that sounds too theoretical, a practical example may help understand the interconnectedness of the two with ease:

During the Covid-19 pandemic, the Ministry of Home Affairs issued certain policy guidelines for lockdowns and safety measures across the nation. These were enforced through the Disaster Management Act, 2005, giving them the power of law. In itself, the policy lacks legal backing, however the power of law helps enforce it on citizens.

Similarly, if you look at the National Education Policy (NEP), 2020, It is solely a policy formulated by the government, however it is not enforceable by law.

Why must you care about this distinction?

As a citizen of India, at an individual level, questions often arise as to why you must care about this distinction and how it impacts your day-to-day functioning. Isn’t it convenient to go about your day without thinking of the difference between a law and a policy? That must concern lawyers, policy-makers, government officials and the courts. However, it is your responsibility as an Indian citizen or a citizen of any nation for that matter, to know the distinction between law and policy, to ask the right questions.

3 reasons why you must know the distinction between law and policy:

●        You will know when a promise by government authorities is just an aspirational goal or it is legally binding.

●        You will be able to ask the right questions to enhance accountability on the part of authorities.

●        You will better understand whether you need to go to court or simply advocate for a policy reform.

How the distinction helps fight misinformation

In today’s day and age, misinformation spreads like wildfire. It is critical to cut through the noise and place facts as they are. Ever so often, the line between law and policy is so blurry that new policies often get termed as laws and vice versa. It could happen at an individual level across social media platforms, at a media level that unnecessarily blow a particular case out of proportion or encourage unnecessary protests and celebrations that trigger eyeballs nationwide. This in turn takes away from the intended purpose of the law or policy.

Do individuals play a role in shaping law or policy?

As citizens of a nation or as citizens of India, you have the power to influence both law and policy. Many times, several draft policies are put out on government portals seeking feedback from citizens themselves. Individuals also have the power to influence or shape laws. Legal reforms are often a result of challenges posed by student groups, non-profit organisations or even civil society organisations. At every level, individuals have the capacity to engage with the government directly or indirectly, and that’s why knowing the distinction between law and policy becomes even more paramount.

Change doesn’t begin inside the legislature or the executive; it begins with an informed citizen.