Introduction:
In India, where the state occupies central figure in delivering social welfare to its citizen, public policy celebrates a significant role. Public policy has assumed considerable importance in response to the increasing complexity of the society. “Public policy is formulated and implemented through a plethora of formal and informal institutions, mechanism and processes.”[1] Formulation of public policy is a difficult process which involves the interaction of a complex set of forces. It begins with the ideas citizens or civil society organizations have about the actions they want the government to take.[2] This involves power, influence and conflict in which both compete to impose decisions on dissenters. It is, therefore, important to look at how exactly power is exercised by Civil Society Organizations in the policy making process. To look at this we will take the case of Civil Society Organization ‘India against Corruption” in bringing a Lokpal as an anti corruption agency in India
Public Policy:
Public policy means a decision as to what shall be done and how, when and where. It is whatever governments choose to do or not to do. Thomas Dye says public policy is “Anything a government chooses to do or not to do”.[3] It is a government attempt to address any public issue. The government develops public policy in term of laws, regulations, decisions and actions. “Public policies of a democratic country are important devices and mechanisms for moving a social and economic system from the past to the future.”[4] There are three parts to public policy-making: problems, players, and the policy. “The problem is the issue that needs to be addressed. The player is the individual or group that is influential in forming a plan to address the problem in question. Policy is the finalized course of action decided upon by the government. In most cases, policies are widely open to interpretation by non-governmental players, including those in the private sector.”[5] So public policies are government initiatives and it may be influenced by Civil Society Organizations, individual citizens, electoral and policy agenda, media, political parties etc. Here, role of Civil Society Organizations in Public policy formulation is looked at. So, to understand we would like from the concept of Civil Society Organizations.
Civil Society Organizations:
Civil society associations are organizations with formal structure whose members share some common interest. They pressurize the government to fulfill their interest. It is an important channel of communication. Alexis de Tocqueville, in 18th century linked it with democracy. To him these are important constituents of the political system which limit the absolutist state.[6] To demonstrate their discomforts with modern society and government, the term civil society was articulated by western intellectuals. Hegel explains it as the third sphere, after state and market. Rajni Kothari opines that civil society is an alternative to the bureaucratic and unresponsive state machinery. As we have seen that Civil Society Organizations are third sphere of life and comes after family and market, it can act as an influent organization in policy formulation.
Civil Society Organizations in Public Policy formulation in India:
Civil Society Organizations (CSOs) are very important channel for formulation of public policy. Though they are directly not responsible for formulation of any policy but they can pressurize the government and central and state level to formulate any policy for the interest of the society. Civil society is seen as an important agent for policy making and promoting good governance like transparency, effectiveness, openness, responsiveness and accountability. Civil society can perform many a functions like first, policy analysis and advocacy; second, regulation and monitoring of state performance and the action and behavior of public officials; third, building social capital and enabling citizens to identify and articulate their values, beliefs, civic norms and democratic practices; fourth, mobilizing particular constituencies, particularly the vulnerable and marginalized sections of masses, to participate more fully in politics and public affairs; and fifth, development work to improve the wellbeing of their own and other communities.[7]
Civil Society Organizations are actively involved in policy formulation process. Civil Society Organizations’ programs are directly affected by the policies that the government produces. It feels that in order for the government to formulate policies their involvement is necessary since they work for development and can make important inputs to the policy making process. Civil Society Organizations understand the policies fully as well as ensure that policies are appropriate to the needs of the people, feasible and implementable on the ground. They can use grassroots experiences and innovations as the basis for improved policies and strengthening local capacities and structures for ongoing public participation. It can provide information that is vital for the development of policies that are appropriate to the community the policy is meant to serve. Civil Society Organizations, as watchdogs, can also apply pressure on the government to ensure that appropriate policies are enacted and implemented. In the implementation of policies, it can monitor the application of the laws and also, where compatible with community interests, design programs that complement rather than undermine or contradict government policies.
Civil Society Organizations use many strategies to influence in policy formulation. A clear picture of strategies used by CSOs to influence policy formulation is provided by Covey.[8] She stated five strategies of CSOs to influence national policy formulation. “These strategies are education, persuasion, collaboration, litigation and confrontation. The education strategy is one where the CSOs attempt to give the government a lot of information, analysis and policy alternatives. CSOs also educate the government by creating and testing innovative development approaches that could be adopted by the state. Education is done through workshops, conferences, physical visits and initiation of pilot projects. Education strategies may also target other groups besides the government such as the public at large, the media, and CSOs or community members. In using persuasion as a strategy, a CSO acts like a pressure group to press for policy changes and show public support. The idea here is to convince the government that the CSO supported policy or policy change needs to be recognized and enacted into legislation. Persuasion is done through various means, which cover meetings, workshops, conferences, invitations to the site, lobbying, demonstrations and even strikes. The main aim is to pressurize the government into changing its policy direction. The collaboration strategy is one where a CSO works hand-in-hand harmoniously with the government. Relations are usually good and amicable between the government and the CSO that is collaborating with it. Collaboration calls for mutual trust between the government and the CSO it is dealing with. It also calls for transparency within the collaborating bodies. That is, both sides need to show all their intentions, interests, needs, goals, agendas, etc. to each other. This is the basis of building trust and relationships. In the litigation strategy, the CSOs use the courts to press for policy change. When a CSO believes that the law is being broken or misapplied it can take the government or other offending parties to court for the issue to be legally dealt with.”[9]
Another strategy for public policy formulation is confrontation. “The protests usually involve radical tactics such as violent demonstrations, destroying property, etc. In most cases, relationships between the government and the CSOs become sour and there is a lot of animosity between the two parties.”[10]
RK Sapru, in his book Public Policy: Art and Craft of Policy Analysis, has discussed the role of CSOs in public policy formulation. Based on this book by Sapru we can track the process of policy making. It is difficult to predict the circumstances under which CSOs influences the policy making process. The generally plays the following role in policy process-
- Enhancing the effect of public opinion: CSOs attempt to influence the policy making authorities. They enhance public opinion. These organizations serve as link between individual citizens and policy makers. For individual it is the means of communication and power. The CSOs also offer political support and intensity of view of large numbers of citizens with some common interest to the policy makers. Hence, CSOs enhance the public opinion towards policy formulation.
- Providing advisory services: CSOs also provide advice to the policy makers. The Civil Society Organizations, with expertise in the subject-matter of their concern, shape the smaller questions into larger issues worthy of legislative consideration and provide technical data for and against a specific issue to the policy makers. The government responses to these and as a result they succeed in influencing policy formulation.
- Access to policy making process: The CSOs as powerful organizations can influence the executive and its departments at the formulation stage before a Bill is drafted. The CSOs can demand to draft policies which represent interest of the society and individual. The CSOs can bargain with the government and can transform their demand to public policy. “With access to information, civil society fosters democracy by limiting the state, providing space for protest groups, generating demands, monitoring excess, confronting power holders, and sustaining a balance of power between state and society.”[11]
- Mobilizing resources for policy issues: Civil Society plays a crucial role in building policy issues. The strength of organization is an important factor in the policy –making process. Civil Society Organizations protect the interest of its members and mobilize it toward policy formulation. The CSOs, due to its structural features, can mobilize the resources and help in policy making.
Hence, Civil Society Organizations have many benefits and positive attribution in policy formulation. These organizations, using different strategies at different point of time influences policy making process. They representing individual will mobilize, pressurize, and influence the authority to do or no to do in a way. In India Civil Society Organizations have been playing these roles for long. For example we can refer the Right to Information Bill and role of Mazdoor Kisan Shakti Sangathan (MKSS) of Rajasthan. Apart from this, CSOs through social movement also influence in policy making in India. Narbada Bachao Andolan, Chipko Movement and Movement for the recognition of tribal in Forest Bill etc. are some such well known movements in India.[12] This has also repeated in the case of formulation of an anti-corruption policy/institution called Lokpal, where ‘India Against Corruption’ (IAC) a Civil Society Organization under the leadership of Anna Hazare is pressurizing the government for a strong Lokpal. A thorough discussion about the role of IAC in formulating Lokpal will ease our understanding of role of CSOs in public policy making.
Case of Lokpal:
Before looking at the role of IAC in Lokpal, it is important for us to know about the Lokpal. The Lokpal is a proposed independent anti-corruption law in India, developed in the model of Ombudsman of Sweden. The Lokpal as an institution will suppose to work as a national institution to look at, control and enquire corruption in India. The Lokpal bill was first introduced by shanty Bhushan in 1968 and passed the 4th Rajya Sabha in 1969 but the Lok Sabha was dissolved before the bill got through that. The Subsequent versions of Lokpal were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, and in 2008, but not passed.
In 2011, civil activist Kisan Baburao Hazare, popularly known as Anna Hazare started a satyagraha movement by commencing an indefinite fast to demand the passing of it. The movement attracted attention in the media, and hundreds of thousands of supporters. The government come up with a Draft Lokpal Bill, which the civil society organization associated with it reject and demanded their version of Jana Lokpal Bill to pass in the parliament.
As we have seen that Lokpal Bill was introduced long back in the parliament but repeatedly not passed, the civil activist Hazare, supported by Kiran Bedi, Arvind Kejriwal etc. under the platform of a Civil Society Organization started a movement for a strong Lokpal called Jana Lokpal. That CSO is known as India Against Corruption. This movement is an expression of collective anger of people of India against corruption. Let us see how this Civil Society has played role in policy formulation and we will look at this from the perspective of strategies they used and process they involved.
Strategies:
In general CSOs use five strategies in public policy formulation which are education, persuasion, collaboration, litigation and confrontation. But in case of Lokpal the IAC has adopted three of these as their core strategies. These are education, persuasion, and collaboration. Using education as their strategy, IAC has attempted to give the government a lot of information, analysis for a strong Lokpal. IAC, through workshops, conferences, physical visits and initiation of pilot projects, has pressurized in policy formulation. The society has also targeted other groups besides the government such as the public at large, the media, and CSOs or community members at different parts of the nation. The society has promoted education for both individuals and government towards a strong anti corruption policy i.e. Jana Lokpal.
Persuasion is another strategy used by IAC to attain their goal. In using persuasion as a strategy, a CSO acts like a pressure group to press for policy changes and show public support. The IAC has also been constantly pressuring the government, through satyagraha for a Jana Lokpal. They are trying to convince the government that the IAC’s Jana Lokpal needs to be recognized and enacted into legislation. They are doing Persuasion through various means, which cover meetings, workshops, invitations to the site, lobbying, demonstrations and even strikes.
We already came to know that collaboration strategy is one where a CSO works hand-in-hand harmoniously with the government. IAC is also many a time trying to go hand in hand with government for a Jana Lokpal. The Civil Society Organization, though many a time is has differences of ideology with government, but tried to mobilize the government and also reduce their demands to go hand in hand with government. But mutual mistrust among them is a negative factor which has been disturbing in using this strategy.
These above three are the major strategies that IAC is applying in bring a strong ombudsman in India. Apart from these three, it also has been using strategy of institutionalization where the organization has tried to take support from government institution. Apart from that they are also now trying to promote anti-incumbency indirectly, so that a new government passes the Jana Lokpal Bill.
Process:
Civil Society Organizations, as we have already seen, apply four processes for policy formulation. These four processes are also used by Anna Hazare’s civil society. Let’s see how India Against Corruption has been influencing government towards Lokpal using these processes.
a. Enhancing the effect of public opinion: India Against Corruption has attempted to influence the policy makers by generating public opinion. It is seen that the active members of IAC have visited different places of India to generate public opinion for a Jana Lokpal. They served as a link between the citizens and the government.
b. Provide advisory services: IAC is also acting as an advisory society to the policy makers. The society has repeatedly advising and negotiating with the government for a strong anti corruption agency. They are also providing technical data for Jana Lokpal to the policy makers.
c. Access to policy making process: the IAC has tried to access policy making by drafting a strong Lokpal Bill. They are demanding to pass that Lokpal Bill which is prepared by the Civil Society Organization arguing that it represents people interest. The CSO is bargaining with the government for that.
d. Mobilizing resources for policy issues: The role of IAC is not limited to the above three. It has also been mobilizing the people for Jana Lokpal. The society, with the help of media and internet has succeeded to mobilize the people in support of a strong Lokpal.
Looking at the above process that are engaged by Anna Hazare’s Civil Society, we can say that IAC has been using every possible strategies and process to pressurize government for a anti corruption agency which can at-least control corruption both at apex and grass route level.
Problems of Civil Society in policy making:
Civil Society Organizations in a nation like India plays a great role in policy formulation. But it has some problems also. In India Civil Society Organizations are not well organized and not purely apolitical. These create problem in policy making. That is why probably Schmitter noted few negative potentialities of civil society.[13]
In case of Hazare’s civil society also we find some problems. These problems are like-
- The recent development in IAC has taken a political shape, where Hazare has started a campaign against Congress. The change may result in a problem. It may lead to loose of public support to the society or may lead to any political outcome.
- Many a time different sources have pointed out that the society has fragmented to some extent due to lack of universality of ideology. If this is reality than in long run the movement under their initiative may failed to bring any appreciable Lokpal.
- Another problem of this Civil Society Organization is the absence of proper structure of the IAC in peripheries of India. As there are no proper structural arrangements in villages, therefore it may fail to unit people every time it needed, which may weaken their pressure in bringing Jana Lokpal.
These are the main problems that are visible in India Against Corruption’s initiatives for a Jana Lokpal to limit corruption in India. Due to these problems, in long run, the society may face several problems towards attaining their goal.
Conclusion:
From the above discussion it can be conclude that Civil Society Organizations are one of the important channel through which influence is brought to bear on policy makers. They can communicate effectively on policy issues. They, using different strategies and process can pressurize the government to formulate a public policy, which fulfills their interest. This also applies in the case of role of Civil Society Organization India Against Corruption to bring a strong anti corruption mechanism- Jana Lokpal.
Footnotes:
[1] Mathur, Kuldeep, (2009) From Government to Governance: A Brief Survey of the Indian Experience, NBT, New Delhi, pp73
[2] Sapru, RK, (2010), Public Policy: Art and Craft of Policy Analysis, PHI, New Delhi, pp155
[3] Sharma, M.P, Sadana, B.L, (2007), Public Administration in Theory and Practice, Kitab Mahal, Allahabad, pp 564
[4] Sapru, RK, (2010), Public Policy: Art and Craft of Policy Analysis, PHI, New Delhi, pp41
[5] http://www.wisegeek.com/what-is-public-policy.htm
[6] Tocqueville, Alexis de, (1969), Democracy in America, Harper & Row, New York Vol. II, Part II, pp521
[7] Ghaus-Pasha, Aisha, (2004), Role of civil society organizations in governance, 6th Global Forum on Reinventing Government towards Participatory and Transparent Governance 24 – 27 May 2005, Seoul, Republic of Korea, pp3
[8] Ghaus-Pasha, Aisha, (2004), Role of civil society organizations in governance, 6th Global Forum on Reinventing Government towards Participatory and Transparent Governance 24 – 27 May 2005, Seoul, Republic of Korea, pp19-20
[9] Ghaus-Pasha, Aisha, (2004), Role of civil society organizations in governance, 6th Global Forum on Reinventing Government towards Participatory and Transparent Governance 24 – 27 May 2005, Seoul, Republic of Korea, pp19-20
[10] Ghaus-Pasha, Aisha, (2004), Role of civil society organizations in governance, 6th Global Forum on Reinventing Government towards Participatory and Transparent Governance 24 – 27 May 2005, Seoul, Republic of Korea, pp20
[11] Sapru, RK, (2010), Public Policy: Art and Craft of Policy Analysis, PHI, New Delhi, pp170
[12] Mathur, Kuldeep, (2009) From Government to Governance: A Brief Survey of the Indian Experience, NBT, New Delhi, pp117
[13] Sapru, RK, (2010), Public Policy: Art and Craft of Policy Analysis, PHI, New Delhi, pp171
