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GS Paper: Indian Economy

  • The march towards an equitable data economy

    The article explains the data governance norms we need to adopt to secure better societal outcomes.

    Whatsapp privacy issue

    • New terms of service circulated by WhatsApp, caused a stir among the user.
    • It informed users that data about chats with business accounts would be shared with Facebook.
    • These policies seemed unfair to India as they were not applicable to the European Union (EU), given their strong data protection policies.

    Acceptable levels of data exchange

    • Default norms provide power to the tech platforms to collect, analyse and monetize data with complete control.
    • This undergirds business models that seem undesirable for society—with harms to privacy and free speech.
    • Global discussions about alternatives to the “exchange of data for free services” are becoming nuanced.

    3 Norms in the data governance

    1) Recognition of individual and collective rights related to data

    • It was generally accepted that extraction of data to access free services was a fair exchange with individuals.
    • Emergence of existential threats related to privacy and democracy have highlighted the role of guaranteeing human and civil rights.
    • There has been significant global progress through regulations on individual data rights.
    • A United Nations Conference on Trade and Development (UNCTAD) report claims that 128 of 194 countries have put in place legislations for data protection and privacy.
    • However, this protection is insufficient as it is centered on individuals and does not account for safety of groups.
    • The next wave of data governance ideas will seek to protect collective harms and build on the foundation of individual agency and control.

    2) Data sovereignty

    • One-size-fits all global norms of data governance are changing and being replaced by region-specific ideas.
    • Greater acceptance for “data sovereignty” assertions across India and Europe is a welcome shift towards crafting governance that is respectful of local nuances and inclusive of civic participation.
    • The EU general data protection regulation (GDPR) had created an early lighthouse example.
    • On the other hand, the US has adopted a light regulation approach—there is no comprehensive country-wide data protection law.
    • Closer home, India is finalizing the contours of a country-wide and cross-sector personal data protection bill, which reflects local norms.

    3) Value creation for all stakeholders

    • So far, data economy has operated in a completely unregulated space, creating a “winner takes all” market, with concentrated profits and little contribution to local taxes.
    • A healthy economy requires value creation for all stakeholders.
    • As tech platforms take up the profitable role of acting as the gateway to all information and social connections, they have a greater accountability and responsibility to contribute to the economy.
    • India’s digital tax through the 2% “equalization levy” is an attempt to make the tech giants pay for revenues earned in India.

    Consider the question “What should be norms of data governance we must adopt for achieving better societal outcomes?”

    Conclusion

    Formal adoption of regulations and setting up of enforcement institutions will lead to meaningful progress in the right direction.

  • How IBC is moving away from promotor averse approach

    The Insolvency and Bankruptcy Code was amended recently taking into account its creditor centric approach.

    Introducing pre-packs for MSMEs

    • IBC was amended last week, through an ordinance.
    • The amendment sought to address a structural weakness in India’s resolution architecture by introducing the concept of pre-packs for micro, small and medium enterprises (MSMEs).
    • The pre-packaged framework involves a privately negotiated contract between the promoters of a financially distressed firm and its financial creditors to restructure the company’s obligations.
    •  This contract is negotiated within the IBC architecture but before the commencement of insolvency proceedings.
    • Once accepted by creditors, the plan must be presented to the National Company Law Tribunal (NCLT) for approval.

    How this framework is different from the existing framework

    • A firm’s promoters could have submitted a resolution plan even after it enters the insolvency proceedings, subject to restrictions imposed under Section 29A which clarifies all those who are ineligible for submitting the resolution plan.
    • So, the difference in the new framework essentially boils down to the following.

    1) Control of the firm

    • Under the IBC, upon the initiation of insolvency proceedings, control of a firm is taken away from promoters, and a resolution professional is appointed.
    • Now, during the restructuring, the promoter, through the pre-pack, retains control over the firm.
    • So effectively, we have transitioned from a “creditor-in-control” model of resolution to a “debtor-in-control” model of restructuring.
    • This amendment, which creates a framework for restructuring, without the promoter losing control over the firm, addresses a lacuna in the IBC.

    2) Issue of price discovery

    • In this arrangement, the is an absence of an open bidding process, such as during the resolution phase.
    • This might raise questions over price discovery, especially if value maximisation for creditors is the yardstick to measure the efficacy of IBC.
    • This marks a fundamental change in the IBC framework.

    Why the changes were needed

    • The IBC, while it has strengthened the position of the creditors, had swung to an extreme.
    • The resolution architecture as it stood prior to this amendment was perceived as being too creditor-centric.
    • Wresting control from the “errant” promoter, comes with its own set of consequences.
    • The notion that all business failure is due to the connivance of promoters needs to be reconsidered.
    • Firms may be unable to pay their obligations simply because the economic cycle has turned.
    • Or projects have not materialised as expected.
    • Of the 2,422 cases closed since IBC came into being, 46.5 per cent of the firms have gone into liquidation, while a resolution plan has been accepted in only 13.1 per cent of the cases.
    • This indicates liquidation bias.
    • At a time when there aren’t enough buyers in the economy, the IBC process would lead to significant value destruction.

    How it will benefit both creditor and promotors

    • Promoters get to hold on to their firms, and exit the process with more manageable obligations, making this an attractive proposition.
    • For creditors, considering the liquidation bias in IBC, as long as the value of the restructured obligation is greater than the liquidation value it makes sense to choose this option.
    • Moreover, this entire process remains outside the restructuring framework of the central bank.
    • And, considering that the pre-packs encompass all financial creditors, as opposed to RBI’s restructuring schemes which deal only with banks.
    • This takes into account the concerns of other financial creditors as well.

    Consider the question “How far IBC has succeeded in improving the insolvency regime in India? How the concepts of pre-packs is different from the previous system?

    Conclusion

    This approach will help clarify issues, bring about greater certainty to the process. And, once the creases are ironed out, it will create a permanent mechanism for restructuring debts.

  • An aggressive vaccination drive holds the key to economic revival

    The article highlights the challenges posed by the second wave of covid and how aggressive vaccination could help dealing with the issue.

    Severe second covid wave in India

    • India’s daily new cases have surged past 1,50,000, much above the first peak.
    • In India’s first wave, the increase from 50,000 to about 1,00,000 cases took about 50 days; in the second wave, it’s taken just 13.
    • To start with, the second wave was more concentrated, with Maharashtra accounting for 60 per cent of cases.
    • While the top five states still account for about 65 per cent of cases, the reproduction (R) factor in almost 10 states is estimated to be two or higher, creating risks for a wider and more rapid spread, if unaddressed.

    Lessons from the first wave

    • Policymakers, businesses and households have all learnt from the first wave and with the private sector better adapted to “live with the virus”.
    • Therefore, the economic costs should hopefully not be comparable to the first wave. Yet, they may not be trivial either.
    • The five states that account for 65 per cent of new cases also account for almost 36 per cent of GDP.
    • As virus cases have grown and restrictions have been imposed, retail and recreational mobility across these five states, is down 10 per cent since mid-March.
    • Labour market surveys have also begun to show discernable impacts on both participation and unemployment rates.

    Implications of unequal recovery for developing countries

    • The IMF projects India’s FY22 growth at 12.5 per cent, this would still leave India about 8-9 per cent below the level of output that was projected pre-pandemic for the end of 2021-22.
    • The challenge for emerging markets is that, given the quantum of fiscal and monetary space expended in combating the first wave, space to respond to subsequent waves will be constrained.
    •  Owing to the fiscal support and pace of vaccinations the US will be the only large economy, apart from China, to surpass its pre-pandemic path.
    • This, resulted in increased US yields, tightened global financial conditions, induced dollar strength and triggered
    • All this makes it harder for emerging economies to respond expansively to domestic shocks.
    • In effect, the heterogeneity of the recovery across developed and emerging markets is imposing policy constraints on the latter which, ironically, will simply compound the economic divergence.

    Challenges for India

    • India’s fiscal space to respond to a second wave appears constrained due to the following two factors:
    • 1) In India’s case, consolidated public debt will approach 90 per cent of GDP.
    • 2) The consolidated public sector borrowing requirements are budgeted above 11 per cent of GDP in FY22.
    • The dependence on budgeted asset sales has only increased, both as a hedge to tax revenues that could be impacted from a second wave, and as a means of protecting expenditures.
    • It will be equally crucial to leaving enough space for higher MGNREGA demand and other safety nets on account of a second wave, even while protecting capital expenditures — which generate large multiplier effects on the economy.
    • Similarly, monetary policy is already very accommodative, and with core inflation sticky and elevated, global deflationary pressures entrenched, there are natural limits to the degree of more monetary accommodation.

    Aggressive vaccination is the key

    • Israel, the UK and the US have all demonstrated how aggressive vaccinations can bend the COVID-curve.
    • Therefore, the Indian government’s decision to approve a third vaccine and fast-track emergency approval for foreign-produced vaccines is unambiguously positive.
    • On the demand side, of an estimated 100-110 million population of seniors (60-plus) in India, only about 40 million have taken the vaccine over the last six weeks, suggesting a reluctance to get vaccinated.
    • But, in fact, it’s crucial to ensure the vulnerable — those whose probability of hospitalisation is the highest — are fully vaccinated to reduce pressure on the health infrastructure.

    Consider the question “What are the challenges posed to the developing countries by heterogeneity of recovery across the developed and developing countries?

    Conclusion

    Vaccinations should be construed as simultaneously delivering both a positive demand and supply shock (for the economy), and a negative demand shock (for health infrastructure), thereby providing the best chance to decisively break the trade-offs between lives and livelihoods that bedevilled emerging markets all of last year.

  • Give small savers what is due to them

    The article highlights the issues with linking small savings interest rates with the yield on G-sec and its resetting on a quarterly basis.

    Issue of small savings interest rate

    • For decades, small savings have constituted an important source of household savings, funded development programmes of state governments and offered a safe and secure source of income to senior citizens.
    • Recently, a notification on reducing the interest rates on small savings schemes quickly made headlines and was rescinded after 12 hours.
    • For small savers, the pandemic turned into a triple whammy: Battling job losses, higher food prices and a sharp devaluation in the value of their savings and earnings thereof. 
    • Interest on the Senior Citizens’ Saving Scheme was cut to 7.4 per cent, effective from April 2020, from 8.7 per cent before,
    • This was done despite the Gopinath Committee had recommended the rates should never be revised more than 100 basis points in a single year.

    Linking small savings rate to G-sec yields

    • The suggestion to link small savings rates to G-Sec yields was first made in 2001 by Y V Reddy, then deputy governor of RBI.
    • Reddy committee suggested small savings rates should be reset once a year, allowing for a spread of up to 50 basis points.
    • Reddy’s recommendations were reiterated by his successor Rakesh Mohan.
    • The Gopinath Committee,  set up in 2009 gave its report in June 2011 and annual revisions in small savings rates linked to G-sec yields got underway effective April 2012.
    • In 2016, however, the government decided to reset them on a quarterly basis. 

    Why link small savings rate to G-sec yields

    • Such linking is premised on the argument that the money collected through these schemes is invested in central and state government securities. 
    • While the yield on the government securities progressively declined over time, small savings rates remained downwardly rigid.
    • This resulted in an asset-liability mismatch that threatened the viability of the NSSF.
    • It is also argued that people’s dependence on small savings schemes had significantly declined since formal banking had rapidly expanded.
    • Moreover, for those who used small savings as safety nets there were other alternatives such as old-age pension and other similar schemes.

    Issues with resetting rates on quarterly basis

    • All expert committees that examined the issue had strongly argued against resetting the rates on a quarterly basis.
    • The fear was it could result in unfair rewards for small savers in the event the G-sec yields remain artificially low for a certain period of time.
    • It did happen in the pandemic year when small savings rates faced the steepest cut in five years.
    • The changed policy on small savings is also premised on the belief that markets offer fair outcomes.
    • More often than not, that is not true.
    • The experience of the past year bears it out.
    • While retail inflation spiked, the RBI used every trick in its bag to hold G-sec yields down.

    Way forward

    • The government could go back to resetting the rates annually, keeping the revision under 100 basis points and allowing small savings rates a spread of at least 50 basis points, not up to 50 basis points, over and above the G-sec yields.
    • Also, it may revisit the suggestion made by the Rakesh Mohan Committee to use a weighted average of G-sec yields over preceding two years — two-thirds weight for the later year, one-third for the earlier year.

    Consider the question “What was the rationale for linking the interest rates on small savings to yield on G-sec? What are the issues with it?

    Conclusion

    Adopting the changes suggested here may require setting aside a few thousand crores to fill the resultant gap in the NSSF. But it is worth doing.

  • Government Securities Acquisition Programme (G-SAP)

    What is the first phase of operation?

    • The RBI has officially notified that it would conduct the first phase of G-SAP 1.0 operations on April 15, 2021.
    • It will begin with the purchase of five dated securities for an amount aggregating to Rs 25,000 crore.
    • The first phase of G-SAP purchase will happen using the multiple price method under which the bidders pay at the respective rate they had bid.
    • The RBI has notified four securities for the G-Sec purchase in different maturities.
    • In addition to the G-SAP plan, the RBI will also continue to deploy regular operations.
    • This would be under the LAF, longer-term repo/reverse repo auctions, forex operations and open market operations including special OMOs.
    • This is to ensure that the liquidity conditions evolve in consonance with the stance of monetary policy.

    What are the concerns?

    • Interest rates – For the Government, the RBI keeping the yield down is a good news because the overall borrowing costs go down.
    • But, the RBI artificially keeping the interest rates lower in the financial system has caused concerns.
    • In healthy economic system, the interest rates pricing should be driven by demand-supply.
    • It shouldn’t be artificially suppressed by the central bank; this might lead to distortions and have other consequences.
    • Savers – Cheaper rates will be good news to big, top rated companies who can issue bonds to raise money and to the government.
    • But low interest rates coupled with high inflation is a systemic worry for savers.
    • Already, savers are getting negative returns on their deposits if one takes into account the inflation adjusted rates or real rates.
    • Rupee – Government resorting to massive bond purchase to keep the rates low is not good news for the local currency.
    • The Indian Rupee, notably, came under pressure after the RBI announced the massive Rs 1 lakh crore bond purchase programme.
    • The fear of investors pulling capital out of India in a low interest environment is hurting the local currency.

     

  • A post-Covid fiscal framework for India

    The article highlights the failure of FRBM Act to contain India’s rising debt and suggests an alternative framework.

    Issues with the FRBM Act

    • Economic disruption caused by the COVID has prompted calls for a relook atthe Fiscal Responsibility and Budget Management Act (FRBM).
    • The introduction of the FRBM in 2003 reflected the belief that setting strict limits on fiscal deficits, both for the centre and the states, was the solution.
    • But this framework didn’t work.
    • Apart from the initial period, when growth was booming, the deficit targets were largely honoured in the breach, leaving the primary balance [Revenue-Non-intrest expenditure] essentially unchanged (Figure 2, phase 2).

    Debt has increased to record levels

    • India’s general government debt has soared.
    • It is now close to 90 per cent of GDP — the highest independent India has ever seen.
    • The debt ratio will come down naturally as GDP normalises.
    • Even so, on current policies, it is likely to exceed 80 per cent for the foreseeable future.

    Would such a high level of debt be sustainable?

    • Briefly, sustainability depends on two key factors:
    • 1) The primary balance (PB), revenue less non-interest expenditures.
    • 2) The difference between the cost of borrowing and the nominal growth rate (r-g).[interest-growth differential]
    • Debt does not explode when the primary balance is greater than the interest-growth differential.
    • In India’s case, PB has been negative as the government has run primary deficits.
    • But this has been counterbalanced over the past decade by favourable differentials, as interest rates have been lower than growth.
    • Hence, the broadly stable debt ratio.
    • This equilibrium has now been upset by the sudden increase in debt.
    • If the interest-growth differential consequently turns unfavourable, as occurred during the previous period of high debt in the early 2000s (Figure 2, phase 1), then debt sustainability could only be preserved by shifting the primary balance into surplus.
    • And this would not be easy.

    Why shifting primary balance intro surplus is not easy

    • Primary deficit of the Centre and states combined is typically about 3 per cent of GDP. [say PB is -3% of GDP]
    • So, shifting the primary balance into a modest surplus [i.e. turning PB from -ve to +ve] would require an adjustment of 4 percentage points of GDP.
    • But non-interest expenditure is only roughly 20 per cent of GDP.
    • If tax increases were ruled out, then a sudden adjustment would require non-interest spending to be cut by no less than 20 per cent (4 divided by 20 times 100).[20% of 20 is 4]
    • Clearly, this would be politically impossible.
    • But this would render India susceptible to panic and possibly even crises.
    • The government needs to eliminate the tension, undertaking a pre-emptive consolidation to prevent the need for a sudden adjustment.

    Strategy based on 4 principles

    • The government should start by defining a clear objective, based not on arbitrary targets but on sound first principles: It should aim to ensure debt sustainability.
    • To this end, the government could adopt a strategy based on four principles.

    1) Abandon multiple fiscal criteria

    • The current FRBM sets targets for the overall deficit, the revenue deficit and debt.
    • Such multiple criteria impede the objective of ensuring sustainability since the targets can conflict with each other,
    • This creates confusion about which one to follow and thereby obfuscating accountability.

    2) Don’t get fixated on specific number

    • Around the world, countries are realising that deficit targets of 3 per cent of GDP and debt targets of 60 per cent of GDP lack proper economic grounding.
    • In India’s case, they take no account of the country’s own fiscal arithmetic or its strong political will to repay its debt.
    • Any specific target, no matter how well-grounded, encouraging governments to transfer spending off-budget such as with the “oil bonds” in the mid-2000s and subsidies more recently.

    3) Focus on one measure for guiding fiscal policy

    • In this regard, Arvind Subramanian and Josh Felmanwe propose targeting the primary balance.
    • This concept is new to India and will take time for the public to absorb and accept.
    • But it is inherently simple and has the eminent virtue that it is closely linked to meeting the overall objective of ensuring debt sustainability.

    4) Don’t set yearly target for the primary balance

    • The Centre should not set out yearly targets for the primary balance.
    • Instead, it should announce a plan to improve the primary balance gradually, by say half a percentage point of GDP per year on average.
    • Doing so will make it clear that it will accelerate consolidation when times are good, moderate it when times are less buoyant, and end it when a small surplus has been achieved.
    • This strategy is simple and easy to communicate; it is gradual and hence feasible.

    Consider the question “Despite the FRBM framework India’s debt level have touched a historic high. In light of this, examine the reasons for the failure of FRBM in controlling the debt level and suggest the way forward to make India’s debt level sustainable.”

    Conclusion

    COVID has upended India’s public finances. It is time to learn from past experience and adapt. Adopting a simple new fiscal framework based on the primary balance could be the way forward.

  • Understanding the issues with bond market in India

    What explains the Indian government borrowing at a higher interest rate than the interest rates for a home loan? The answer lies in the structural shortage in demand for government bonds. 

    How the government’s cost of borrowing matter

    • Interest on government debt is a transfer from taxpayers to savers who own government bonds.
    • As the government bondholders are primarily domestic, interest paid by the government is just a transfer from one hand to the other within the economy.
    • However, the government’s cost of borrowing does matter.
    • The large increase in interest costs limits the government’s ability to spend elsewhere.
    • But more importantly, this rate also affects the cost of borrowing for large parts of the economy.

    Understanding the term premium and credit spread

    • The RBI sets the repo rate, which is the short-term risk-free rate.
    • That is, the loan must be repaid in a few days and there is almost no risk of default.
    • The rate at which the government borrows is the long-term risk-free rate.
    • But the lender wants higher returns given the longer duration of the loan.
    • The difference between the repo rate and government’s borrowing cost, say on a 10-year loan, is called the term premium.
    • When a private firm takes a 10-year loan, it would have some credit risk too, which means a credit spread is added to the 10-year risk-free rate.

    Challenge posed by term premium

    • From an average rate of 73 basis points since 2011 (one basis point is one-hundredth of a per cent), and 120 basis points in 2018 and 2019, the 10-year term premium is currently 215 basis points.
    • In other words, the interest rate for a 10-year period borrowing is 2.15 per cent higher than the current repo rate.

    How this is related to dysfunction in bond market in India

    • Financial markets are forward-looking, and as the collective expression of the views of thousands of participants, efficient ones can occasionally “predict” what comes next.
    • But the Indian bond market is not one such: The view some hold, that the rise in term premium reflects future rate hikes by the monetary policy committee (MPC), is mistaken.
    • The Indian bond market is still too illiquid and not diverse enough to predict future trends.
    • Even though some pandemic-driven measures are being withdrawn, the MPC continues to be accommodative, and for several months at least, headline inflation is unlikely to force an abrupt change.
    • In any case, the spurt in yields after the budget points to the causality being fiscal instead of inflation-related.
    • But even the fiscal rationale seems weak.
    • The Centre’s tax collection for FY2020-21 has been substantially ahead of target, and state governments have also borrowed Rs 60,000 crore less than expected.
    •  Also, the14 states, accounting for three-fourths of all state deficits, have budgeted FY2021-22 deficits at 3.3 per cent, far lower than the 4 per cent average expected earlier.
    • Just these factors suggest that total bonds issued by the central and state governments should be lower than what the market had feared before the union budget was presented.
    • And yet, government borrowing costs have not returned to pre-budget levels.
    • This reflects dysfunction in the market.
    • Why else would a government be borrowing at a higher cost than a mortgage on a house?

    What is the reason for dysfunction in bond market

    • Dysfunction can be traced to residential mortgages being among the most competitive of loan categories.
    • On the other hand, there is a structural shortage in demand for government bonds.
    • In such a market where there is a structural shortage in demand the marginal buyer holds all the cards, and as any buyer would, demands higher returns.
    • Over 15 years,  the share of banks in the ownership of outstanding central government bonds has fallen from 53 per cent to 40 per cent now.
    • But no alternative buyer of size has emerged to fill the space vacated.
    • The RBI sometimes buys bonds to inject money into the economy, but of late this space has been used to buy dollars to save the rupee from appreciation.

    Solutions

    • The solution to the problem of bond market may lie in getting new types of buyers.
    • The RBI opening up direct purchases by retail investors is a step in this direction, though it may not become meaningful for a few years.
    • That leaves us with tapping foreign savings.
    • The limit on share of government bonds that foreign portfolio investors (FPIs) can buy has been raised steadily.
    • But without Indian bonds being included in global bond indices, these flows may not be meaningful, and would be volatile, as they have been over the past year.
    • To enable inclusion in bond indices, the RBI and the government have earmarked special-category bonds which are fully accessible (FAR) by foreign investors.
    • The FTSE putting India on a watch-list for “potential future inclusion” in the Emerging Markets Government Bonds Index is a step forward, and, one hopes, triggers similar actions by other index providers.

    Consider the question “How the lack of retailness in the bond market affects the cost of borrowing of the government as well as the private borrowers? Suggest the measures to deal with the issues.”

    Conclusion

    The issues with bond markets in India highlights the urgency to find new buyers for government bond as it has implications not just for the government’s own fiscal space, but also for the cost of borrowing in the economy.

  • What is the Pre-pack under Insolvency and Bankruptcy Code?

    The central government has promulgated an ordinance allowing the use of pre-packs as an insolvency resolution mechanism for MSMEs with defaults up to Rs 1 crore, under the Insolvency and Bankruptcy Code.

    Read till the end to know about the ‘Swiss Challenge’.

    What are Pre-packs?

    • A pre-pack is the resolution of the debt of a distressed company through an agreement between secured creditors and investors instead of a public bidding process.
    • This system of insolvency proceedings has become an increasingly popular mechanism for insolvency resolution in the UK and Europe over the past decade.
    • Under the pre-pack system, financial creditors will agree to terms with a potential investor and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).
    • The approval of a minimum of 66 percent of financial creditors that are unrelated to the corporate debtor would be required before a resolution plan is submitted to the NCLT.
    • Further NCLTs are also required to either accept or reject any application for a pre-pack insolvency proceeding before considering a petition for a CIRP.

    Benefits of pre-packs over the CIRP

    • One of the key criticisms of the Corporate Insolvency Resolution Process (CIRP) has been the time taken for resolution.
    • One of the key reasons behind delays in the CIRPs is prolonged litigations by erstwhile promoters and potential bidders.
    • The pre-pack in contrast is limited to a maximum of 120 days with only 90 days available to the stakeholders to bring the resolution plan to the NCLT.
    • The existing management retains control in the case of pre-packs while a resolution professional takes control of the debtor as a representative of creditors in the case of CIRP.
    • This allows for minimal disruption of operations relative to a CIRP.

    What is the key motivation behind the introduction of the pre-pack?

    • Pre-packs are largely aimed at providing MSMEs with an opportunity to restructure their liabilities and start with a clean slate.
    • It provides adequate protections so that the system is not misused by firms to avoid making payments to creditors.
    • Pre-packs help corporate debtors to enter into consensual restructuring with lenders and address the entire liability side of the company.

    How are creditors protected?

    • The pre-pack also provides adequate protection to ensure the provisions were not misused by errant promoters.
    • The pre-pack mechanism allows for a swiss challenge for any resolution plans which proved less than full recovery of dues for operational creditors.
    • Under the swiss challenge mechanism, any third party would be permitted to submit a resolution plan for the distressed company and the original applicant would have to either match the improved resolution plan or forego the investment.
    • Creditors are also permitted to seek resolution plans from any third party if they are not satisfied with the resolution plan put forth by the promoter.

    Back2Basics: Swiss Challenge

    • A Swiss Challenge is a method of bidding, often used in public projects, in which an interested party initiates a proposal for a contract or the bid for a project.
    • The government then puts the details of the project out in the public and invites proposals from others interested in executing it.
    • On the receipt of these bids, the original contractor gets an opportunity to match the best bid.
    • In 2009, the Supreme Court approved this method for the award of contracts.
    • This method can be applied to projects that are taken up on a PPP basis but can also be used to supplement PPP in sectors that are not covered under the PPP framework.
  • E-commerce policy is needed for speedy, inclusive growth

    The article highlights the untapped potential of the e-commerce sector in the transformation of the Indian economy and suggests factors to take into account in the new e-commerce policy.

    How pandemic contributed to the growth of e-commerce

    • A celebrated McKinsey study has revealed that we have covered a ‘decade in days’ in the adoption of digital during the pandemic.
    • Behavioural changes have been witnessed in most areas like work, learning, health, travel, entertainment, etc.
    • But the biggest surge has been in e-commerce, both in goods and services.

    Significance of the sector for India

    • E-commerce is one of India’s fastest-growing sectors, for attracting FDI and creating jobs, and providing a pan-India market for lakhs of SMEs, and facilitating exports.
    • India has a vibrant retail sector, bubbling with energy and a bright future.
    • E-commerce can rope in lakhs of MSMEs in cross-border trade and multiply turnover and revenues enormously.
    • Its role in facilitation of exports with linkages and access to overseas markets can also help inject competitiveness in our products and creating a lot of jobs and market opportunities, adding to inclusive growth.

    Issues faced by the sector

    • The digital interface during e-commerce processes with multiple agencies has resulted in a plethora of compliances.
    • These compliances include Income Tax Act 1961, Information Technology Act 2000, Consumer Protection Act 2019, FEMA Act 2000, Competition Act 2002, Companies Act 2013, Anti-Piracy Law, GSTN, DGFT, etc.
    • In addition, handling, generation and protection of humongous data is a major issue under data protection laws.
    • At times, there are requirements of compliances with various local and state laws, and during exports, adherence to foreign laws, many of which could be quite complex and rigorous.

    E-commerce policy to aid Inclusive growth

    • Inclusive growth being an important objective of the proposed e-commerce/FDI policy, it should recognise and support new business models in both product and service segments.
    • The policy should be aimed at improving consumer experience and providing gainful employment to regular and gig workers with improved earnings.
    • India, in fact, is the first country to extend protections to workers including the new-age gig and platform workers, which is being viewed with interest globally.
    • With the passage of the Code on Social Security 2020, policymakers have focused on financial and social security associated with employment to contemporary socio-economic realities.
    • The role of platform workers amidst the pandemic has presented a strong case to attribute a more robust responsibility to platform aggregator companies and the State.
    • This has cemented their role as public infrastructures who also sustain demand-driven aggregators and e-commerce platforms.
    • This role of the platform workers may help in higher productivity and more sustainable employment, when many of them could potentially become mini-entrepreneurs.
    • This, however, would need to be facilitated by concerned public and private institutions as also the multiple regulators in the e-commerce ecosystem.
    • In an online services market place and to provide full support to regular and gig professionals rendering services on the platform, it must be imperative on the service platform to build their capacity through training, technology and access to high-quality consumables and tools.

    Consider the question “Examine the role e-commerce can play in India’s pursuit of inclusive growth? What are the issues faced by the sector in India?” 

    Conclusion

    We are in for exciting times, as we enter this decade, rightly called the ‘Techade’; 2020 has accelerated technology infusion in all segments of life and activity. The world is looking at India with expectations and we owe it to our nation.


    Source: https://www.financialexpress.com/opinion/e-commerce-policy-needed-for-speedy-inclusive-growth/2226729/

  • Should Petroleum be brought within the ambit of GST?

    The article deals with the issues of demand for the inclusion of fuel oils in the GST regime and its implications for the revenue of the states and the Centre.

    How much tax we pay on petrol and diesel

    • The Union and state levies put together account for roughly 55 per cent and 52 per cent of the retail price of petrol and diesel respectively.
    • These work out to around 135 per cent and 116 per cent of the base prices of the two products respectively.
    • The central levy on petrol and diesel works out to around 36 per cent of the retail price while the state component is around 20 per cent (diesel) to 28 per cent (petrol).
    • Of the total central levies on petrol and diesel, Rs 1.40 per litre and Rs 1.80 per litre is the basic excise duty for the two fuels, and Rs 11 per litre and Rs 18 per litre is the special additional excise duty.
    • Both these components form part of the divisible pool of taxes i.e. 42 per cent of which (approximately Rs 52,000 crore) goes to the states.
    • The remaining portion of Rs 18 per litre in both cases is the Road and Infrastructure Cess and Rs 2.50 per litre and Rs 4 per litre is the Agriculture Infrastructure and Development Cess which are retained by the Centre.

    How other countries tax fuel oils

    • Being demerit goods, fuel oils and liquor are almost universally subject to a dual levy by countries that implement any kind of VAT or GST.
    • The levy is a mix of GST at a fixed percentage of the price which qualifies for credit in the value chain and a fixed amount or percentage of the price which is not creditable and is thus outside GST.
    • Punitive taxes of this order are levied primarily to discourage consumption of environmentally degrading fossil fuels and to garner revenues to fund infrastructure, while the creditable component enables offsetting of taxes on basically capital inputs.
    • These products are subjected to a plethora of levies like VAT, excise duty, storage levies, security levies and environmental taxes in the EU and the total incidence of such taxes ranges from around 45 per cent to 60 per cent.
    • The US is an exception in these matters since it imposes taxes at rates as low as around 15 per cent.

    Including fuel oils in the GST regime

    • the 122nd Constitution Amendment Bill in 2014 for GST adopted the delayed choice approach.
    • Under the delayed-choice approach, petroleum products would be subjected to GST with effect from such date as the council may recommend.
    • Accordingly, sections 9(2) and 5(2) of the CGST/SGST Act and the IGST Act respectively, explicitly provide for levy of GST on these products with effect from such date as the Council may recommend.
    • Thus, bringing the aforesaid petro-products under GST is not within the reach of the central government alone.

    How much will be the loss of revenue

    • A 28 per cent levy of GST on the base price would fetch around Rs 5.40 per litre on petrol and around Rs 5.45 on diesel to the central and each of the state governments.
    • Contrast the above with the current yield of Rs 32.90 per litre on petrol and Rs 31.80 per litre on diesel to the Centre alone and an average of around Rs 20 per litre and Rs 15 per litre on petrol and diesel, respectively, to each of the states.
    • This, however, would bring down the prices of petrol and diesel to around Rs 55 per litre.
    • This would translate into a revenue loss of around Rs 3 lakh crore on account of petrol and around Rs 1.1 lakh crore on account of diesel to the Centre and the states, at current volumes.

    Consider the question “What are the various levies contributing to the prices of petrol and diesel in India? Examine the rationale for the heavy taxing of these products in India.”

    Conclusion

    Clearly, bringing petro-products under GST would not lower fuel oil prices by itself, unless the Union and the state governments are willing to take deep cuts in their revenues.