Goose And Gander
The Government moving things along via the ordinance route,
is the best thing it could have done by way of a New Year present to the nation.
Coming alongside its determined push with the bureaucracy, to ease the rigours of doing business in India,
while catalysing the ‘Make in India’ campaign.
With his penchant for acronyms, the Prime Minister has asked bureaucrats to turn away from
‘ABCD’- avoid, bypass, confuse, delay,
in favour of ROAD (to Success)- responsibility,
ownership, accountability and discipline.
Between himself and the Finance Minister, they are making
strong efforts to also get the RBI to make some much needed banking reforms, as
well as start the interest rates on a downward cycle.
Also, with the start
of the GST, hopefully by 2016, a new Finance Sector Law to replace some 60
overlapping ones, the sum total will truly start the second generation economic
reforms, and attract huge amounts of foreign capital at last.
There are four ordinances, coming thick and fast, days after
the ruins of the Winter Session of Parliament. The Opposition, is now deprived
of its ability to block legislation via the Rajya Sabha, and has to think on
its future strategy again. Agitating on the streets is not going to help it
generate more than heat and dust; what with the next Assembly election after
Delhi, namely Bihar, not coming before the end of 2015 or even early 2016.
The Opposition is
calling the Government undemocratic for using ordinances and bypassing
parliament, after being roundly out-maneuvered; but has, in effect, brought
this upon itself by a disruptive Rajya Sabha strategy that was amateurish,
short-sighted, and not thought through with regard to consequences.
When the BJP did its
own obstructing during UPA rule, the mathematics stacked up differently. The
previous Government was a coalition, without the numbers to push through its
agenda via a joint session. Besides, The
BJP in Opposition participated in a spirit of bipartisanship for the passage of
a number of crucial bills.
The present Opposition stopped any movement on the Insurance
Bill for example, even though it had passed through the multi-party Select Committee
as required. So, it is not quite a goose and gander equation any longer. The
BJP Government is in a stronger position than the UPA ever was, and very
determined to see its plans come to fruition.
The Union Cabinet has just approved, and sent to the
President of India for clearance, an amended Land Acquisition Act. Projects
related to Defence, Rural Infrastructure, Industrial Corridors, and presumably Roads
that form part of this thrust, will not need prior consent from affected land
owners, nor require the complicated Social Impact Assessment procedures. The
enhanced compensation and rehabilitation clauses however have been retained unchanged.
This will enable an entire logjam of infrastructure projects to recommence; and
provide a fillip to the moribund housing and construction sector. It will also
help ease the pressures on much old PSU bank-lending, which is presently in the
NPA column.
The Insurance Act raising the FDI component to 49% has also
been put to an ordinance, along with another to permit the auction of Coal
Blocks, and yet another to process arbitrations as well. The Insurance business
will see billions in foreign investment now, though probably after the joint
session of parliament passes the ordinance into a pucca law. There is also some concern that the insurance ordinance
does not specify an exit route, in case things do not work out according to
expectation.
And the Coal Blocks will now be e-auctioned to provide fuel to the electricity generation plants and other industries, which have been making losses using expensive imported coal for quite a few years now.
The Arbitration ordinance is to make it convenient for the
process to take place in India rather than it being taken abroad routinely, as
in the Vodafone case. Large Indian law firms, used to earning humungous fees
for long-form arbitration, conducted over several years, charging by the
sitting, have predictably begun to grumble that the nine months granted to
settle such cases is inadequate. They are also not too pleased with the
lump-sum fee requirements in the ordinance. But the foreign corporations have
already welcomed the changes, and see it as part of the ease of doing business
promise.
The Modi Government is firmly changing the way vested
interest works in this country, while it’s going about it. Of the several hundred
ordinances promulgated by the GOI over the years, despite being often in a
comfortable position in parliament, the BJP has now passed six, for the
President to endorse. If this is the only way to push the applecart forward,
then so be it!
(781 words)
December 30th,
2014
Gautam Mukherjee