REGULATORY OPEN JUSTICE (ROJ): GOVERNING THE REGULATORS

While oversight is necessary, what’s missing is oversight of the overseers

IN SHORT

Outrageously Yours an open web magazine and known for disruptive thoughts has ventured to propose a new paradigm to the Government of India that governs the regulators - Regulatory Open Justice representing more than a procedural reform—it embodies a fundamental reimagining of the relationship between regulators, regulated entities, and the public. By bringing disputes into the light, ROJ transforms regulatory decision-making from an opaque exercise of authority into a transparent process of reasoned judgment accountable to public scrutiny.

The traditional model of regulatory oversight, with its limited checks and balances, increasingly fails to meet the needs of complex modern economies where trust, consistency, and adaptability are essential. ROJ offers a balanced alternative that preserves necessary regulatory independence while introducing meaningful accountability.

INTRODUCTION

Regulatory authorities wield considerable power over the industries they govern. From pharmaceutical approvals to financial compliance, these bodies make decisions that significantly impact businesses, consumers, and the broader economy. Yet, despite their influence, many regulatory systems worldwide operate with limited external oversight, creating environments where allegations of bias, inconsistency, and even corruption can flourish unchecked. When companies or individuals feel wronged by regulatory verdicts, their recourse options are often limited, expensive, and conducted behind closed doors.

ROJ represents a transformative approach to addressing these shortcomings. By establishing transparent, publicly accessible forums for contesting regulatory decisions, ROJ aims to enhance accountability while preserving regulatory independence. This essay explores the concept, potential implementation, benefits, challenges, and the broader implications of establishing ROJ systems within modern governance frameworks.

Regulatory Open Justice (ROJ): Time to Bring the Watchdog Into the Sunlight

In India’s expanding regulatory landscape—from pharmaceuticals to fintech, telecom to food safety—one thing remains conspicuously absent: a credible, open, and structured forum where regulatory actions can be challenged transparently. We’ve institutionalized punishment, but not redressal. We’ve empowered the enforcer, but gagged the accused.

It’s time to change that.

Introduce Regulatory Open Justice (ROJ)—a bold, public-facing model that would subject regulatory decisions to open hearings, chaired by retired justices, where both sides—regulator and regulated—argue in full public view.

The Problem: Regulation Without Accountability

Let’s not mince words. India’s regulators wield enormous power—raids, shutdowns, penalties, cancellations. And while oversight is necessary, what’s missing is oversight of the overseers.

From pharma manufacturers crying foul over ambiguous inspections by CDSCO, to startups being throttled by compliance raids with no appeal window—accusations of partiality, vendetta, and corruption are on the rise. But here’s the catch: the existing mechanisms to challenge these verdicts are:

• Opaque

• Buried in bureaucratic webs

• And often adjudicated by the same departments that issued the original order

That’s not justice. That’s a closed loop.

What is Regulatory Open Justice (ROJ)?

ROJ is a simple, elegant fix rooted in democratic principles. It proposes:

• An independent quasi-judicial bench chaired by retired High Court or Supreme Court justices

• Open hearings where regulatory decisions can be contested—on facts, law, and process

• Live or publicly accessible documentation of proceedings to ensure transparency

• A time-bound decision-making framework so justice delayed is not justice denied

• The ability to recommend reforms in inspection procedures, approvals, and audits if patterns of bias emerge

In other words, regulators will no longer operate in the shadows. They’ll have to justify their actions in front of a neutral arbiter and a watching public.

Why Regulators Will Hate It (and Why It’s Exactly What We Need)

ROJ will be a nightmare for opaque departments. It demands:

• Properly trained inspectors

• Documented reasons for punitive action

• Defined timelines for follow-up and remediation

• Written, defensible standards for judgment

No more verbal “instructions.” No more “file’s gone upstairs.” No more “do what we say or shut down.”

Instead, ROJ introduces a standard of professionalism and procedural fairness that’s currently missing in India’s regulatory culture. It doesn’t weaken regulators—it makes them smarter, cleaner, and more respected.

Learning from Judicial Open Justice

The concept isn't new. The Indian judiciary already practices open justice. Court proceedings are documented, contested, and subject to scrutiny. Verdicts are explained. Dissent is possible. ROJ borrows this spirit and applies it to regulators, who currently enjoy vast power without a proportionate level of accountability.

Impact: More Than Just Transparency

1. For Industry:

   ROJ restores faith in the regulatory system. Companies will know they have a fair shot at defending themselves without political influence or departmental arm-twisting.

   
   

2. For Regulators:

   It will force upgrades in skill, systems, and structure. No more "inspect and harass"—only "inspect and explain."

   
   

3. For Citizens:

   It builds trust in institutions. When people see companies and regulators battling it out in the open, and judges ensuring fairness, the entire regulatory ecosystem earns legitimacy.

   
   

4. For Investors:

   A transparent dispute mechanism is rocket fuel for investment. ROJ will signal to global players that India isn’t just a promising market—it’s a mature, rule-based economy.

The Real Question: Who's Afraid of the Truth?

Any opposition to ROJ will come cloaked in phrases like “national interest” or “regulator’s autonomy.” But let’s be honest—autonomy without accountability is dictatorship, no matter how well-intentioned.

Regulatory Open Justice is not about weakening the hand of the state. It’s about tempering power with procedure. It’s about making India a place where justice isn’t just done—but seen to be done.

Final Word:

In the age of digitization, decentralization, and democratization, secrecy is obsolete. The time for regulatory shadows has passed. Let justice be done – and seen to be done – in the full light of day.

Let’s make regulation not just a sword—but also a scale.

ROJ: A NEW PARADIGM FOR GOVERNANCE OF REGULATORS

Implementing ROJ systems requires initial investment and cultural change but promises substantial returns through enhanced regulatory quality, reduced corruption, greater economic certainty, and strengthened institutional legitimacy. For industries like pharmaceuticals, where regulatory decisions directly impact public health and business viability, the value of transparent, timely, and expert adjudication is particularly significant.

As societies worldwide grapple with declining trust in institutions, regulatory systems cannot afford to remain islands of opacity. By embracing the principles of open justice—independence, transparency, equal access, and reasoned accountability—regulatory bodies can rebuild trust while improving performance. The path toward Regulatory Open Justice may have different starting points across jurisdictions and sectors, but its destination offers a common vision: regulatory systems that earn respect not through unchecked authority but through demonstrated fairness visible to all.

The time has come to recognize that in regulatory matters, as in traditional justice systems, openness is not merely a virtue but a necessity for sustainable governance in democratic societies. The implementation of ROJ frameworks represents an essential step toward regulatory systems truly worthy of public confidence.

The question is not whether we can afford to implement Regulatory Open Justice. In a world

where regulatory decisions impact everything from life-saving medicines to economic competitiveness, the real question is: How can we afford not to?