#85 Legitimacy Of Unelected Powers🎧

<em>This newsletter is really a public policy thought-letter. While excellent newsletters on specific themes within public policy already exist, this thought-letter is about frameworks, mental models, and key ideas that will hopefully help you think about any public policy problem in imaginative ways. It seeks to answer just one question: </em><strong><em>how do I think about a particular public policy problem/solution?</em></strong><br/><br/><em>Welcome to the mid-week edition in which we write essays on a public policy theme. The usual public policy review comes out on weekends.</em><br/><br/><em>PS: If you enjoy listening instead of reading, we have this edition available as an audio narration on all podcasting platforms courtesy the good folks at </em><a target="_blank" href="https://www.ad-auris.com/"><em>Ad-Auris</em></a><em>. If you have any feedback, please send it to us.</em><br/><br/><em>- RSJ</em><br/><br/>A topic we often like discussing in this newsletter is the role of unelected institutions like regulators in framing public policy. The usual defence of having a regulator is that not all laws can be legislated by elected members. There is not enough expertise available among them in the many areas of lawmaking nor do they have time to do so. The delegation of this role to regulators solves for this. <br/><br/>Perils Of Arbitrary Power<br/><br/>This delegation comes with its own risks. Both legislative and executive responsibilities are vested in these unelected regulators. In India, often, they have judicial powers too with limited freedom to appeal against their decisions. The benign view of a regulator is that of an enlightened referee who sets the rules of game and ensures an even playing field for all. But with almost unlimited powers at their disposal and with weak or absent feedback loops on their performance, it is no surprise the actions of regulators border on arbitrary in India. <br/><br/>Is there a better way to create regulators? Or, like many other features of democracy (indeed, democra