A decade of PLCP — where do we stand today in this participative law-making

Despite not being a law, the PLCP does comprehensively cover various aspects required for an efficacious consultation process. Recognising the importance of accessibility, it asks government departments to publish information about the law or policy in simple language, including the justification and its impact. It also directs that consultations be open for a period of 30 days and a summary of the feedback received be published post-consultation. 

However, since the PLCP is not a law, these aspects do not find uniform adherence in practice. 

Acknowledging this limitation, some Members of Parliament have introduced private member bills in the past. One such Bill was introduced by Hon’ble MP Smt Supriya Sule in 2019, and re-introduced in 2021. In addition to mandating the elements present in the PLCP, two new provisions were proposed: designating consultation officers in every government department - responsible for undertaking public consultations, and a central Consultation Commission to oversee the process. Another bill was proposed by Hon’ble MP Shri Jagadambika Pal, that mandates a National Consultation Commission to undertake public consultation on all bills in both houses of Parliament.

There are various upsides to engaging in the public consultation process. The importance of public consultations, however, is truly felt in their absence. The monumental opposition and public protests to legislations that have not undergone significant consultations with key stakeholders such as the CAA-NRC bills or the Farm Bills are cemented in public memory. 

Even as policy experts flank decision-makers in government, there exists a palpable risk of creating policies that are incongruent with the impacted citizens’ lived experiences. Through public consultation, these risks can be mitigated, as feedback from a larger set of stakeholders can bring to the fore any issue that may have been overlooked. Consultation allows for dialogue between the public and the government, which can create greater support in the system to ensure smooth adoption and implementation of the law or policy. 

Sceptics may see consultation as a bureaucratic speedbreaker to an already slow process. Well-drafted laws are exponentially more important than the speed they are passed at or their volume. Amending a law once passed takes up legislative energy that could have been spent on more pressing issues. A consultative process ensures the checks and balances to both drafting and implementation of laws and policies. 

Consultations when done well with both intent and rigour, have resulted in a number of effective policies. A recent example is that of the National Education Policy, where consultations were the rule of the game. With stakeholders being consulted at the district, State and National levels, the Ministry received around 2 lakh responses that were subsequently analysed and integrated into the final policy. Upon its conclusion, the Ministry of Education also published a detailed note on the consultation process in a laudable move towards public accountability. For national policies to prove useful to the 1.3 billion citizens of this country, instituting a thorough consultation process becomes an imperative. 

While the PLCP’s ambit is limited to the departments and ministries at the central government, proactive consultation efforts are also being undertaken at the State level. One of the most recent success stories came from Meghalaya, where the state undertook extensive consultations to  formulate their very first Mental Health Policy and Social Care Policy in 2022. A standout feature of this consultation was drafting an accessible policy, providing citizens enough context on the necessity of the policy as well as the key ideas being proposed. 

Looking back on the last decade of PLCP, we as citizens have a lot to be proud of but we still have a long way to go. While consultations have increased by 1069% between 2014 and 2023 (according to data gathered by Civic Innovation Foundation), the quality and nature of the process leaves a lot to be desired. In the absence of prescribed guidelines, we have witnessed consultations being undertaken by various government bodies in their own independent fashion, leading to uneven participation of citizens. 

Some national consultations do still manage to capture the imagination of the people, like the Uniform Civil Code consultation held in 2023, where the government reported receiving over 46 lakh responses. Unfortunately, several key consultations on draft laws, amendments, and policies go almost entirely unnoticed by the general populace. Institutionalising consultations through legislation can help ensure that the PLCP is followed not just in letter but also in spirit. To encourage greater participation, undertaking a large-scale information campaign about the importance of the consultation process will be essential. 

Consultations are not just another step in the policy making process, but a platform for building relationships between citizens and governments on a foundation of trust and open dialogue. As we look to the future, the authors of this piece are optimistic that by developing the consultative nature of lawmaking, we will make significant advances in this ambitious democratic experiment we call India to the benefit of every last one of her citizens.