Who Owns the Law?

Q: What are 'edicts of government' and why is public accessibility to such instruments considered essential for democratic governance and constitutional accountability?

Edicts of government refer to legally binding or normatively influential instruments issued by public authorities that regulate public life and administrative conduct. These include statutes, subordinate legislation, regulations, notifications, circulars, standard operating procedures, guidelines, government orders, office memoranda, and mandatory technical standards. Their significance lies in the principle that citizens cannot be expected to comply with rules that are not publicly accessible. The maxim 'ignorance of law is no excuse' presupposes that law itself is available to everyone. India has a long tradition of disseminating public rules. Emperor Ashoka's edicts, particularly the Seventh Pillar Edict, demonstrate an early commitment to public communication of governance principles. In contemporary India, bodies such as the Indian Roads Congress (IRC) and Bureau of Indian Standards (BIS) issue standards that are incorporated into regulations and frequently cited by courts and government agencies. Globally, the principle is well established. The U.S. Supreme Court has held that 'no man shall own the law,' while European constitutional jurisprudence recognizes mandatory safety standards as part of the legal order. Such accessibility strengthens transparency, reduces arbitrariness, and promotes informed citizenship. For UPSC aspirants, the issue is closely related to GS Paper II topics such as accountable governance, transparency, RTI, citizen-centric administration, and constitutionalism. It also intersects with GS Paper III topics involving public safety, infrastructure standards, and ease of doing business. Public accessibility to legal instruments ultimately strengthens participatory democracy and the rule of law.

Q: Why is the demand for free public access to standards and regulatory documents increasingly important in the context of citizen-centric governance and economic development?

Free access to standards and regulatory documents has emerged as a critical component of citizen-centric governance because these instruments directly affect public safety, economic activity, and citizens' rights. Technical standards issued by institutions such as the Indian Roads Congress and the Bureau of Indian Standards govern road construction, building safety, machinery operations, drinking water quality, and protective equipment such as helmets. Restricted access creates information asymmetry, increases compliance costs, and weakens accountability. Small enterprises, startups, engineers, researchers, and ordinary citizens often face difficulties in procuring expensive or hard-to-access standards. Such barriers are inconsistent with initiatives like 'Make in India,' which require widespread awareness of safety and quality requirements. The experience involving BIS is noteworthy. During prolonged litigation concerning open access to more than 14,000 standards, public awareness increased and sales rose, yet the organization continued to incur losses. Eventually, the government directed that BIS standards be made freely available online, demonstrating that openness can coexist with institutional efficiency. Business leaders such as Manish Sabharwal and Rahul Matthan have argued against 'shadow instruments' that possess legal force but remain inaccessible. Their recommendations align with the spirit of the Jan Vishwas Act aimed at reducing regulatory burdens. From a UPSC perspective, the issue connects with GS Paper II themes of governance reforms and transparency and GS Paper III themes of industrial growth and ease of doing business. Open standards contribute to inclusive development, improve regulatory certainty, and strengthen public trust in institutions.

Q: How do technical standards issued by organizations such as the Indian Roads Congress and Bureau of Indian Standards acquire legal significance in India?

Although bodies like the Indian Roads Congress (IRC) and Bureau of Indian Standards (BIS) are not legislatures, the standards they formulate acquire legal significance through incorporation into statutory and administrative frameworks. These standards are frequently referenced in subordinate legislation, ministerial regulations, government contracts, and judicial decisions, thereby acquiring practical and normative force. For example, IRC standards govern issues such as road signage, vehicle dimensions, bridge design, and highway safety. Similarly, BIS standards regulate construction practices, drinking water quality, safety helmets, machinery operations, and the National Building Code. Ministries and agencies such as the Ministry of Road Transport and Highways and the National Rural Infrastructure Development Agency routinely adopt these standards. The process of formulation itself is elaborate and involves committees, expert consultations, and technical evaluations. Consequently, these standards influence public policy and affect citizens and businesses alike. Their application by courts further enhances their authority. However, controversies arise when organizations claim copyright over standards that effectively function as law. Critics argue that mandatory rules should remain in the public domain because citizens cannot be expected to obey inaccessible regulations. International jurisprudence supports this approach. Courts in the United States and Europe have emphasized that mandatory standards become part of the law. The debate raises important questions concerning intellectual property rights versus democratic accountability. For UPSC candidates, this topic is relevant to GS Paper II (governance and accountability), GS Paper III (infrastructure and industrial standards), and ethics, where balancing public interest and institutional rights is an important concern.

Q: What lessons can be drawn from the Bureau of Indian Standards litigation regarding open access, public interest, and governance reforms in India?

The controversy involving the Bureau of Indian Standards (BIS) offers an important case study in governance reform and public interest litigation. A nonprofit initiative had digitized and made available more than 14,000 Indian standards to ensure wider access to safety-related information. BIS objected, leading to a Public Interest Litigation before the Delhi High Court involving Indian co-petitioners. The litigation continued for approximately seven years. During this period, the standards remained openly available and public awareness increased substantially. Interestingly, BIS sales also increased, but the organization reportedly incurred losses due to the inefficiencies of the prevailing model. Recognizing this reality, a senior official directed that standards be made freely available on the BIS website. Consequently, the petitioners withdrew the case, and the Delhi High Court disposed of the matter. The episode illustrates that openness and institutional sustainability are not necessarily contradictory. It also highlights the role of public interest litigation as a mechanism for policy reform. The case demonstrates several broader lessons. First, accessibility promotes compliance and awareness. Second, digital governance can reduce transaction costs. Third, citizen participation and judicial oversight can facilitate administrative improvements. From a UPSC perspective, this case study is relevant to GS Paper II topics such as judicial activism, governance reforms, transparency, and public participation. It also relates to GS Paper III issues concerning standards, innovation, and ease of doing business. The episode reinforces the idea that effective governance requires balancing legal rights, public interest, and technological accessibility.

Q: Critically analyze the debate between copyright protection and public ownership of laws and standards in the context of democratic accountability.

The debate between copyright protection and public ownership of legal materials represents a complex intersection of intellectual property rights and democratic values. Supporters of copyright argue that institutions invest significant resources in drafting technical standards and therefore deserve protection and revenue mechanisms. Copyright can also prevent unauthorized alterations and preserve authenticity. However, critics contend that once standards become mandatory or are incorporated into regulations, they effectively become part of the law. Since citizens are legally bound by these provisions, denying free access undermines the rule of law and constitutional accountability. Democratic governance requires that legal obligations be publicly knowable. International experience provides contrasting approaches. In the United States, federal government works are generally not eligible for copyright, and judicial doctrine emphasizes that no individual or organization can own the law. In England, Crown Copyright exists, but an Open Government Licence facilitates reuse. European courts have also recognized public access to mandatory safety standards as a matter of overriding public importance. India currently lacks a comprehensive 'works of government' policy. Consequently, disputes frequently arise regarding access to standards and official documents. The issue becomes particularly important in sectors involving public safety and infrastructure. A balanced approach may involve preserving copyright over purely informational publications while ensuring unrestricted access to binding legal instruments and mandatory standards. Such a framework would protect public interest without discouraging institutional functioning. For UPSC preparation, the topic relates to GS Paper II, constitutional principles, governance reforms, and ethical concerns regarding transparency and public welfare.

Q: What are the major reasons behind the growing demand to eliminate 'shadow instruments' and establish a centralized repository of government regulations in India?

The demand to eliminate 'shadow instruments' arises from concerns about opacity, regulatory complexity, and the need for citizen-centric governance. Shadow instruments refer to numerous documents such as circulars, advisories, guidelines, office memoranda, notifications, schemes, and standard operating procedures that often influence public behavior despite being difficult to access. Business leaders Manish Sabharwal and Rahul Matthan have highlighted the proliferation of such instruments and advocated their consolidation on platforms such as India Code. Their proposal reflects the objectives of the Jan Vishwas legislation, which seeks to reduce excessive compliance burdens and promote trust-based governance. Several reasons explain this demand. First, inaccessible regulations increase uncertainty and transaction costs for businesses and citizens. Second, fragmented rules encourage bureaucratic discretion and reduce transparency. Third, digital accessibility strengthens accountability and reduces opportunities for corruption. Fourth, a centralized repository would improve legal awareness and facilitate judicial consistency. Another argument is that regulations lacking public accessibility should not possess legal force. Such a principle would incentivize governments to maintain updated and transparent databases. This would enhance ease of doing business and promote regulatory certainty. The proposal also aligns with global trends toward open government and digital administration. Countries increasingly recognize that transparency is essential for economic competitiveness and democratic legitimacy. For UPSC aspirants, this issue is highly relevant to GS Paper II themes such as e-governance, transparency, and administrative reforms. It also connects with GS Paper III topics involving economic development and regulatory frameworks. The debate represents a significant step toward accountable and citizen-oriented governance.

Q: What practical examples from India and abroad illustrate the importance of making governmental knowledge and standards openly accessible to citizens?

Numerous examples from India and other jurisdictions demonstrate the importance of open access to governmental knowledge. In India, the Bureau of Indian Standards has made thousands of standards available online, enabling citizens, industries, and professionals to access information related to the National Building Code, helmet safety, water quality, and industrial practices. These standards have direct implications for public welfare and economic activity. Similarly, the Indian Roads Congress formulates standards concerning highways, bridge design, and traffic signage. Since these standards are integrated into regulations and infrastructure projects, public access becomes crucial for engineers, contractors, researchers, and citizens. Internationally, the United States provides an important example. The U.S. Supreme Court has repeatedly emphasized that legal materials belong to the people and cannot be privately owned. Moreover, works created by the federal government are generally excluded from copyright protection. In the United Kingdom, although Crown Copyright exists, the Open Government Licence facilitates reuse and dissemination of public information. The European Union has also emphasized that access to mandatory safety standards is of overriding public importance. These examples reveal that transparency contributes to innovation, safety, compliance, and public participation. Open access also supports academic research and technological development. For UPSC candidates, such comparative examples enrich answers in GS Paper II and essays dealing with governance, transparency, and digital administration. They also demonstrate how constitutional values and technological reforms can complement each other in strengthening democratic institutions and promoting informed citizenship.

Understanding the importance of free public access to government standards, regulations and legal instruments

Surya

June 23, 2026 4 mins read

Feature	Significance
Subject to RTI Act	Public accountability
Website maintained by NIC	Government support
Governing council dominated by officials	State involvement
Standards adopted by government agencies	Regulatory relevance

Jurisdiction	Approach
United States	Government works not eligible for copyright
United Kingdom	Crown Copyright with open government licensing
European Union	Mandatory safety standards treated as part of law and publicly accessible

Attribution

Original content sources and authors

Author Carl Malamud

Source The Hindu

Syllabus classification

How this article maps to GS papers

Main syllabus

GS2Accountable Governance

Quick Q&A

What are 'edicts of government' and why is public accessibility to such instruments considered essential for democratic governance and constitutional accountability?

Edicts of government refer to legally binding or normatively influential instruments issued by public authorities that regulate public life and administrative conduct. These include statutes, subordinate legislation, regulations, notifications, circulars, standard operating procedures, guidelines, government orders, office memoranda, and mandatory technical standards. Their significance lies in the principle that citizens cannot be expected to comply with rules that are not publicly accessible. The maxim 'ignorance of law is no excuse' presupposes that law itself is available to everyone. India has a long tradition of disseminating public rules. Emperor Ashoka's edicts, particularly the Seventh Pillar Edict, demonstrate an early commitment to public communication of governance principles. In contemporary India, bodies such as the Indian Roads Congress (IRC) and Bureau of Indian Standards (BIS) issue standards that are incorporated into regulations and frequently cited by courts and government agencies. Globally, the principle is well established. The U.S. Supreme Court has held that 'no man shall own the law,' while European constitutional jurisprudence recognizes mandatory safety standards as part of the legal order. Such accessibility strengthens transparency, reduces arbitrariness, and promotes informed citizenship. For UPSC aspirants, the issue is closely related to GS Paper II topics such as accountable governance, transparency, RTI, citizen-centric administration, and constitutionalism. It also intersects with GS Paper III topics involving public safety, infrastructure standards, and ease of doing business. Public accessibility to legal instruments ultimately strengthens participatory democracy and the rule of law.

Why is the demand for free public access to standards and regulatory documents increasingly important in the context of citizen-centric governance and economic development?

Free access to standards and regulatory documents has emerged as a critical component of citizen-centric governance because these instruments directly affect public safety, economic activity, and citizens' rights. Technical standards issued by institutions such as the Indian Roads Congress and the Bureau of Indian Standards govern road construction, building safety, machinery operations, drinking water quality, and protective equipment such as helmets. Restricted access creates information asymmetry, increases compliance costs, and weakens accountability. Small enterprises, startups, engineers, researchers, and ordinary citizens often face difficulties in procuring expensive or hard-to-access standards. Such barriers are inconsistent with initiatives like 'Make in India,' which require widespread awareness of safety and quality requirements. The experience involving BIS is noteworthy. During prolonged litigation concerning open access to more than 14,000 standards, public awareness increased and sales rose, yet the organization continued to incur losses. Eventually, the government directed that BIS standards be made freely available online, demonstrating that openness can coexist with institutional efficiency. Business leaders such as Manish Sabharwal and Rahul Matthan have argued against 'shadow instruments' that possess legal force but remain inaccessible. Their recommendations align with the spirit of the Jan Vishwas Act aimed at reducing regulatory burdens. From a UPSC perspective, the issue connects with GS Paper II themes of governance reforms and transparency and GS Paper III themes of industrial growth and ease of doing business. Open standards contribute to inclusive development, improve regulatory certainty, and strengthen public trust in institutions.

How do technical standards issued by organizations such as the Indian Roads Congress and Bureau of Indian Standards acquire legal significance in India?

Although bodies like the Indian Roads Congress (IRC) and Bureau of Indian Standards (BIS) are not legislatures, the standards they formulate acquire legal significance through incorporation into statutory and administrative frameworks. These standards are frequently referenced in subordinate legislation, ministerial regulations, government contracts, and judicial decisions, thereby acquiring practical and normative force. For example, IRC standards govern issues such as road signage, vehicle dimensions, bridge design, and highway safety. Similarly, BIS standards regulate construction practices, drinking water quality, safety helmets, machinery operations, and the National Building Code. Ministries and agencies such as the Ministry of Road Transport and Highways and the National Rural Infrastructure Development Agency routinely adopt these standards. The process of formulation itself is elaborate and involves committees, expert consultations, and technical evaluations. Consequently, these standards influence public policy and affect citizens and businesses alike. Their application by courts further enhances their authority. However, controversies arise when organizations claim copyright over standards that effectively function as law. Critics argue that mandatory rules should remain in the public domain because citizens cannot be expected to obey inaccessible regulations. International jurisprudence supports this approach. Courts in the United States and Europe have emphasized that mandatory standards become part of the law. The debate raises important questions concerning intellectual property rights versus democratic accountability. For UPSC candidates, this topic is relevant to GS Paper II (governance and accountability), GS Paper III (infrastructure and industrial standards), and ethics, where balancing public interest and institutional rights is an important concern.

What lessons can be drawn from the Bureau of Indian Standards litigation regarding open access, public interest, and governance reforms in India?

The controversy involving the Bureau of Indian Standards (BIS) offers an important case study in governance reform and public interest litigation. A nonprofit initiative had digitized and made available more than 14,000 Indian standards to ensure wider access to safety-related information. BIS objected, leading to a Public Interest Litigation before the Delhi High Court involving Indian co-petitioners. The litigation continued for approximately seven years. During this period, the standards remained openly available and public awareness increased substantially. Interestingly, BIS sales also increased, but the organization reportedly incurred losses due to the inefficiencies of the prevailing model. Recognizing this reality, a senior official directed that standards be made freely available on the BIS website. Consequently, the petitioners withdrew the case, and the Delhi High Court disposed of the matter. The episode illustrates that openness and institutional sustainability are not necessarily contradictory. It also highlights the role of public interest litigation as a mechanism for policy reform. The case demonstrates several broader lessons. First, accessibility promotes compliance and awareness. Second, digital governance can reduce transaction costs. Third, citizen participation and judicial oversight can facilitate administrative improvements. From a UPSC perspective, this case study is relevant to GS Paper II topics such as judicial activism, governance reforms, transparency, and public participation. It also relates to GS Paper III issues concerning standards, innovation, and ease of doing business. The episode reinforces the idea that effective governance requires balancing legal rights, public interest, and technological accessibility.

Critically analyze the debate between copyright protection and public ownership of laws and standards in the context of democratic accountability.

The debate between copyright protection and public ownership of legal materials represents a complex intersection of intellectual property rights and democratic values. Supporters of copyright argue that institutions invest significant resources in drafting technical standards and therefore deserve protection and revenue mechanisms. Copyright can also prevent unauthorized alterations and preserve authenticity. However, critics contend that once standards become mandatory or are incorporated into regulations, they effectively become part of the law. Since citizens are legally bound by these provisions, denying free access undermines the rule of law and constitutional accountability. Democratic governance requires that legal obligations be publicly knowable. International experience provides contrasting approaches. In the United States, federal government works are generally not eligible for copyright, and judicial doctrine emphasizes that no individual or organization can own the law. In England, Crown Copyright exists, but an Open Government Licence facilitates reuse. European courts have also recognized public access to mandatory safety standards as a matter of overriding public importance. India currently lacks a comprehensive 'works of government' policy. Consequently, disputes frequently arise regarding access to standards and official documents. The issue becomes particularly important in sectors involving public safety and infrastructure. A balanced approach may involve preserving copyright over purely informational publications while ensuring unrestricted access to binding legal instruments and mandatory standards. Such a framework would protect public interest without discouraging institutional functioning. For UPSC preparation, the topic relates to GS Paper II, constitutional principles, governance reforms, and ethical concerns regarding transparency and public welfare.

What are the major reasons behind the growing demand to eliminate 'shadow instruments' and establish a centralized repository of government regulations in India?

The demand to eliminate 'shadow instruments' arises from concerns about opacity, regulatory complexity, and the need for citizen-centric governance. Shadow instruments refer to numerous documents such as circulars, advisories, guidelines, office memoranda, notifications, schemes, and standard operating procedures that often influence public behavior despite being difficult to access. Business leaders Manish Sabharwal and Rahul Matthan have highlighted the proliferation of such instruments and advocated their consolidation on platforms such as India Code. Their proposal reflects the objectives of the Jan Vishwas legislation, which seeks to reduce excessive compliance burdens and promote trust-based governance. Several reasons explain this demand. First, inaccessible regulations increase uncertainty and transaction costs for businesses and citizens. Second, fragmented rules encourage bureaucratic discretion and reduce transparency. Third, digital accessibility strengthens accountability and reduces opportunities for corruption. Fourth, a centralized repository would improve legal awareness and facilitate judicial consistency. Another argument is that regulations lacking public accessibility should not possess legal force. Such a principle would incentivize governments to maintain updated and transparent databases. This would enhance ease of doing business and promote regulatory certainty. The proposal also aligns with global trends toward open government and digital administration. Countries increasingly recognize that transparency is essential for economic competitiveness and democratic legitimacy. For UPSC aspirants, this issue is highly relevant to GS Paper II themes such as e-governance, transparency, and administrative reforms. It also connects with GS Paper III topics involving economic development and regulatory frameworks. The debate represents a significant step toward accountable and citizen-oriented governance.

What practical examples from India and abroad illustrate the importance of making governmental knowledge and standards openly accessible to citizens?

Numerous examples from India and other jurisdictions demonstrate the importance of open access to governmental knowledge. In India, the Bureau of Indian Standards has made thousands of standards available online, enabling citizens, industries, and professionals to access information related to the National Building Code, helmet safety, water quality, and industrial practices. These standards have direct implications for public welfare and economic activity. Similarly, the Indian Roads Congress formulates standards concerning highways, bridge design, and traffic signage. Since these standards are integrated into regulations and infrastructure projects, public access becomes crucial for engineers, contractors, researchers, and citizens. Internationally, the United States provides an important example. The U.S. Supreme Court has repeatedly emphasized that legal materials belong to the people and cannot be privately owned. Moreover, works created by the federal government are generally excluded from copyright protection. In the United Kingdom, although Crown Copyright exists, the Open Government Licence facilitates reuse and dissemination of public information. The European Union has also emphasized that access to mandatory safety standards is of overriding public importance. These examples reveal that transparency contributes to innovation, safety, compliance, and public participation. Open access also supports academic research and technological development. For UPSC candidates, such comparative examples enrich answers in GS Paper II and essays dealing with governance, transparency, and digital administration. They also demonstrate how constitutional values and technological reforms can complement each other in strengthening democratic institutions and promoting informed citizenship.

Practice questions

1 question for mains preparation

Transparency and accessibility of information are essential for ensuring accountability in a democracy. Discuss in the context of public access to government regulations, standards and other legal instruments

10 marks · 150 words · 8 mins

Who Owns the Law?

The Principle is Not New

What is the Indian Roads Congress?

The Accessibility Debate

Key Features of the Initiative

The BIS Precedent

An Interesting Outcome

The Larger Problem: "Shadow Instruments"

Examples

International Approaches

Distinguishing Two Categories

1. Edicts of Government

2. Works of Government

Why Does Public Access Matter?

Way Forward

Conclusion

Attribution

Syllabus classification

Quick Q&A

Practice questions

Transparency and accessibility of information are essential for ensuring accountability in a democracy. Discuss in the context of public access to government regulations, standards and other legal instruments