Law and policy

Once a student was asked “What is Law?” Pat came the reply – Rules and regulations. Another replied – Policy. And another replied – “a way to keep everyone under control of the government”.

Recently too there was a query, if policy is different from Law, which would prevail? Of course, this policy referred to company policy. These are some of the aspects which require explanations.

I guess most of us can relate to this experience  and it is common to find some people getting confused and interchange the words – law, rules, regulations, and policy. It is a commonality. So, what do these words loosely embody? Of course, all the four are feathers of the same bird, no doubt.

Quite an informal discussion on these words would lead us to the actual differences between them, and thus I guess would help the “laymen” differentiate between these words.

Law, as all of us know is a mechanism of social control. It is an entire gamut dealing with various aspects of life, and is an overall supervisory power, which holds the entire society in its iron hand. Nobody can go against the law of the land. Going against law entails very strict sanctions, which extends upto snuffing life out of the person going against Law.

Well, now what is meant by Rules and Regulations? First of all, let me clarify that though the words “Rules” and “Regulations” are always said together, written together or read together, they give out slightly different meanings.

Rule is a regulation, a decree, statute, imperative, canon, tenet, ruling, or a directive. It’s function is to govern, reign, run, administrate, have power over, or lead.

Regulation means directive, guideline, parameter, instruction, ruling, bylaw, law or decree. It’s purpose is that of controlling, adjustment, adaptation, alteration, management or supervision.  

Policy is a strategy, plan, guiding principle, course of action, guideline, procedure. It helps to put in place the Laws, Rules and Regulations.

We can say Policy is the foundation while, Rules and Regulations form the body of the building and the topmost part of the building is Law, which acts as the roof covering the entire building. And pray, what is the building called? “Society”.

A comparison of sorts can be made thus, to easily identify the difference between the four -

It is of common knowledge that all the Laws are based on the Constitution of India,  hence our Constitution can be taken as the policy, the guideline, based on which Laws are passed. Laws are divided into various aspects of the environment – business, personal, property, consumer interests, et al. Thus Law is to control the society as such. Based on these Laws, Rules are made, for example, traffic violations. And Regulations, such as, quite a humourous one this, but happens in India – the traffic signals stop working automatically, immediately the policeman operates it manually….. thus following the rule and Law but with a slight adjustment. Of course, this is a very base example, but worth the word Regulation, which calls for adjustment, adaptation, alteration, management, et al.

Moving to Policy once again, though it is the base for all laws, rules and regulations, there is another side to the word Policy. Policy can be the basis as well as belong to the internal fragment of a society, Viz., Company policy….. who has not heard this word? If at all there is any defense or excuse to be made by a company, it falls ultimately on the terms “Company policy”. Thus Policy is not only to guide the lawmakers for making law, but also is a guideline which can be used by tiny units to guide their existence within the tenets of Law.

This is the full circle, if we may call it…. start with Policy and end with Policy. And again I say, Policy, Law, Rules and Regulations are feathers of the same bird.