India wants to be an economic powerhouse and eagerly anticipates domestic and international participation to enable this leap, and yet Indian executive as well as the Judiciary believe they can arbitrarily break the rules set for the participants as and when they deem justified.
Stability of rules is one of the most desirable attributes of an economy, sometimes more important than the tax holidays, and yet the Indian decision makers haven't been able to understand the seriousness of it. And each time the trust is broken, it becomes increasingly challenging to win it back.
Demonetization or de-regularization of large denomination Indian currency is the most recent, jarring policy change, where the rule of "honoring the amount mentioned on the currency" has been flouted without prior warning. This has led to an unwarranted inconvenience for the masses. It is also likely to hurt trade and therefore the economy severely in the days to come if the manufacturing and distribution wheels come to a halt in the absence of sufficient liquidity.
I have been termed a cynical, who cannot appreciate the huge trade-off of unearthing the black money, however, as an economist with some exposure to policy analysis I find the current decision failing in terms of deliberately ignoring the critical element of stakeholder management, in this case the stakeholder being the public.
For those, who may suspect me to be anti the current regime, they may take heart in the fact that my fundamental issue is with the increasing "arbitrariness" in policy making. So while I detest the BJP's demonetization implementation, I also detest the AAP's odd-even formula and UPA's retrospective taxation.
Let's look at some of the cases of policy arbitrariness and emotional judicial interference in policy interpretation:
1. Retrospective taxation - a number of international companies in India, including Vodafone, were served notices during the UPA regime for paying taxes retrospectively for laws which didn't assess that tax at the time of doing the business. Each company formulates its business plans based on the existing tax structures and changing these arbitrarily at a later date is only likely to spook the investor and so it did.
2. Odd-even formula - the AAP party that runs the government in Delhi announced a formula to reduce the alarming pollution levels in the city. Termed the odd-even rule, it allowed operation of vehicles with only the odd registration on odd dates and only the even registered vehicles on even days. While the intention was great, insufficient provision of alternative modes of transport, issues of women security, and insufficient cause and effect analysis didn't allow the policy to gain permanence. To me it was a roughshod way of imposing a policy on citizens while not delivering the bare basic means of security and transport that is expected of a government. For a detailed view on this, read my previous blog.
3. Nestle and the food safety rules: India's food regulator FSSAI banned Nestle's popular brand of Maggi noodles in India citing safety concerns but without giving satisfactory explanation. Having lost millions of dollars, the product was cleared and no safety concerns were found. The Swiss Ambassador made it amply clear that it sends a wrong message to investors.
"I think the ban was not justified clearly. It could not be substantiated very clearly. That is something that is disturbing potential investors or investors who want to do something, Swiss enterprises, reliable enterprises, producing all over the world and who want to invest in India are raising questions about the regulatory framework and the consistency and implementation and control by one of these authorities.”
Pepsi CEO, Indra Nooyi also conveyed the message to Prime Minister Modi during his visit to the USA, "there was no need to reinvent food standards when global norms in the form of Codex were available."
4. Cars emitting Oxygen - Chief Justice Thakur asked an emotionally charged question to multinational car makers "Do your cars emit oxyegn?" and subsequently the diesel cars of 2000 cc and above were arbitrarily banned. This was totally unacceptable because the car makers made their investments into diesel engines and diesel cars based on the existing rules. If you feel the need to change the rules due to changing situation, you must follow the due process and notification and not ban vehicles on a smoggy day. Toyota as a consequence was clearly unhappy and started revisiting its investment plans.
And the list can be endless.
Policies need to be designed carefully and once designed need to be honored in letter and in spirit. The government may roughshod the domestic stakeholders with its policies as in the current demonetization case, however, when dealing with international investors it can turn out to be extremely damaging. Devas, for example, dragged India to international arbitration where the government has been recently charged with a huge penalty of US$1 billion.
To conclude, I believe, arbitrary and sudden policy moves in times of peace, make the investor or the citizen an easy scapegoat for the past or current deficiencies or populist needs of the state and may not yield the best outcomes in the long run.
Stability of rules is one of the most desirable attributes of an economy, sometimes more important than the tax holidays, and yet the Indian decision makers haven't been able to understand the seriousness of it. And each time the trust is broken, it becomes increasingly challenging to win it back.
Demonetization or de-regularization of large denomination Indian currency is the most recent, jarring policy change, where the rule of "honoring the amount mentioned on the currency" has been flouted without prior warning. This has led to an unwarranted inconvenience for the masses. It is also likely to hurt trade and therefore the economy severely in the days to come if the manufacturing and distribution wheels come to a halt in the absence of sufficient liquidity.
Long queues outside banks and ATMs in India as 80% of existing currency is pulled out from circulation overnight |
For those, who may suspect me to be anti the current regime, they may take heart in the fact that my fundamental issue is with the increasing "arbitrariness" in policy making. So while I detest the BJP's demonetization implementation, I also detest the AAP's odd-even formula and UPA's retrospective taxation.
Let's look at some of the cases of policy arbitrariness and emotional judicial interference in policy interpretation:
1. Retrospective taxation - a number of international companies in India, including Vodafone, were served notices during the UPA regime for paying taxes retrospectively for laws which didn't assess that tax at the time of doing the business. Each company formulates its business plans based on the existing tax structures and changing these arbitrarily at a later date is only likely to spook the investor and so it did.
2. Odd-even formula - the AAP party that runs the government in Delhi announced a formula to reduce the alarming pollution levels in the city. Termed the odd-even rule, it allowed operation of vehicles with only the odd registration on odd dates and only the even registered vehicles on even days. While the intention was great, insufficient provision of alternative modes of transport, issues of women security, and insufficient cause and effect analysis didn't allow the policy to gain permanence. To me it was a roughshod way of imposing a policy on citizens while not delivering the bare basic means of security and transport that is expected of a government. For a detailed view on this, read my previous blog.
3. Nestle and the food safety rules: India's food regulator FSSAI banned Nestle's popular brand of Maggi noodles in India citing safety concerns but without giving satisfactory explanation. Having lost millions of dollars, the product was cleared and no safety concerns were found. The Swiss Ambassador made it amply clear that it sends a wrong message to investors.
"I think the ban was not justified clearly. It could not be substantiated very clearly. That is something that is disturbing potential investors or investors who want to do something, Swiss enterprises, reliable enterprises, producing all over the world and who want to invest in India are raising questions about the regulatory framework and the consistency and implementation and control by one of these authorities.”
Pepsi CEO, Indra Nooyi also conveyed the message to Prime Minister Modi during his visit to the USA, "there was no need to reinvent food standards when global norms in the form of Codex were available."
4. Cars emitting Oxygen - Chief Justice Thakur asked an emotionally charged question to multinational car makers "Do your cars emit oxyegn?" and subsequently the diesel cars of 2000 cc and above were arbitrarily banned. This was totally unacceptable because the car makers made their investments into diesel engines and diesel cars based on the existing rules. If you feel the need to change the rules due to changing situation, you must follow the due process and notification and not ban vehicles on a smoggy day. Toyota as a consequence was clearly unhappy and started revisiting its investment plans.
And the list can be endless.
Policies need to be designed carefully and once designed need to be honored in letter and in spirit. The government may roughshod the domestic stakeholders with its policies as in the current demonetization case, however, when dealing with international investors it can turn out to be extremely damaging. Devas, for example, dragged India to international arbitration where the government has been recently charged with a huge penalty of US$1 billion.
To conclude, I believe, arbitrary and sudden policy moves in times of peace, make the investor or the citizen an easy scapegoat for the past or current deficiencies or populist needs of the state and may not yield the best outcomes in the long run.