·The Hindu·15 marks·250–350 words

Critically examine whether the Jan Vishwas Acts mark a shift from a "control" model to a "trust-based" model of regulation.

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In this answer
  1. Evidence of a trust-based shift
  2. Limits: elements of control persist
  3. Way forward

A "control" model assumes that citizens and firms will not comply, so it backs even procedural rules with jail terms. The Jan Vishwas (Amendment of Provisions) Act, 2023 amended 42 Central Acts and decriminalised 183 provisions [1]. Its successor, the Bill of 2026, covers 784 provisions across 79 Acts [2][3]. Together they mark a real shift towards trust, but the shift is incomplete.

Evidence of a trust-based shift

  • Imprisonment replaced by monetary penalties: jail for technical or procedural lapses gives way to civil penalties, which is more proportionate [1].
  • Graded enforcement: the 2026 Bill brings in advisory notices and warnings before penalties, so first-time violators get a chance to correct their mistakes [3].
  • Indexed fines: penalties are revised every three years, so they do not lose value over time the way fixed colonial-era fines did [1].
  • Ease of doing business: fear of prosecution goes down, especially for MSMEs [3].
  • Deliberative design: a Joint Parliamentary Committee examined the 2022 Bill [4], and a Select Committee examined the 2025 Bill [1].

Limits: elements of control persist

  • Penalties change, the framework stays: the parent Acts keep their licences, inspections and filings. Penalties soften, but the compliance load remains.
  • Risk to deterrence: in environment, health and safety, a modest fine can become a cost of doing business if it is lower than the gain from breaking the rule.
  • Discretion moves to departments: without transparent adjudication, officials can extract bribes instead of prosecuting.
  • Piecemeal scope: a few hundred provisions are covered at a time. State laws and subordinate rules are untouched.
  • No built-in review: the OECD notes that governments tend to "set and forget" regulations [5]. Without review clauses, over-criminalised rules can pile up again.

Way forward

  • Set fines in high-harm sectors above the gain from violation, and keep criminal liability for wilful harm.
  • Write review and sunset clauses and post-implementation reviews into laws [5].
  • Extend decriminalisation to State laws and rules, with time-bound and transparent adjudication.

Jan Vishwas shifts the default from presuming guilt to presuming good faith, which is a clear move away from colonial-style control. To last, that trust needs penalties strong enough to deter and regular review of the statute book, not one-off omnibus Bills. That would advance proportionate, citizen-centric governance and SDG 16's goal of effective, accountable institutions.

Sources

  1. 1PRS Legislative Research, Summary: Jan Vishwas (Amendment of Provisions) Bill, 20252023 Act (42 Acts, 183 provisions, imprisonment replaced by penalties, fines revised every three years); Select Committee referral of the 2025 Bill
  2. 2PRS Legislative Research, Summary: Jan Vishwas (Amendment of Provisions) Bill, 2026scope of the 2026 Bill
  3. 3PIB, Document on the Jan Vishwas (Amendment of Provisions) Bill, 2026784 provisions in 79 Acts; advisory notices and warnings before penalties; reduced compliance burden for businesses
  4. 4PRS Legislative Research, Report Summary: Joint Committee on the Jan Vishwas (Amendment of Provisions) Bill, 2022JPC scrutiny of the 2022 Bill
  5. 5OECD, Reviewing the Stock of Regulation (Best Practice Principles for Regulatory Policy, 2020)"set and forget" problem; review clauses, sunset clauses and post-implementation review

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