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  • Foreign lawyers, firms can operate in India: Bar Council

    bar

     

    Central Idea: The Bar Council of India (BCI) has opened up law practice in India to foreign lawyers and law firms. It has framed the ‘Bar Council of India Rules for Registration of Foreign Lawyers and Foreign Law Firms in India, 2021’.

    About Bar Council of India (BCI)

    • The BCI is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India.
    • Its members are elected from amongst the lawyers in India and as such represents the Indian bar.
    • It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar.
    • It also sets standards for legal education and grants recognition to universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation.

    History

    • In March 1953, the ‘All India Bar Committee’, headed by S. R. Das, submitted a report which proposed the creation of a bar council for each state and an all India bar council as an apex body.
    • It was suggested that the all-India bar council would regulate the legal profession and set the standard of legal education.
    • The Law Commission of India was assigned the job of assembling a report on judicial administration reforms and helps India to reform justice and equity to whole country.
    • In 1961, the Advocates Act was introduced to implement the recommendations made by the ‘All India Bar Committee’ and ‘Law Commission’.

    Functions

    The functions of the Bar Council are to:

    1. Lay down standards of professional conduct and etiquette for advocates.
    2. Lay down procedure to be followed by disciplinary committees
    3. Safeguard the rights, privileges and interests of advocates
    4. Promote and support law reform
    5. Deal with and dispose of any matter which may be referred by a State Bar Council
    6. Promote legal education and lay down standards of legal education.
    7. Determine universities whose degree in law shall be a qualification for enrollment as an advocate.
    8. Conduct seminars on legal topics by eminent jurists and publish journals and papers of legal interest.
    9. Organise and provide legal aid to the poor.
    10. Recognise foreign qualifications in law obtained outside India for admission as an advocate.
    11. Manage and invest funds of the Bar Council.
    12. Provide for the election of its members who shall run the Bar Councils.

    Constitution

    • As per the Advocates Act, the BCI consists of members elected from each state bar council, and the Attorney General of India and the Solicitor General of India who are ex officio members.
    • The council elects its own chairman and vice-chairman for a period of two years from among its members.
    • Assisted by the various committees of the council, the chairman acts as the chief executive and director of the council.

    Why such move?  

    • The BCI notification also stated that the Rules would help to address the concerns expressed about the flow of Foreign Direct Investment into the country.
    • The Rules would also help make India a hub for international commercial arbitration.

    Move to benefit Indian lawyers

    • The rules enable foreign lawyers and law firms to “practice foreign law, diverse international law and international arbitration matters in India on the principle of reciprocity in a well-defined, regulated and controlled manner”.
    • The BCI said that the move would benefit Indian lawyers, whose standards of proficiency in law are comparable with international standards.
    • The legal fraternity in India is not likely to suffer any disadvantage since the move would be mutually beneficial for lawyers from India and abroad.

    How foreign lawyers can begin operating in India?

    • The Rules prescribe that foreign lawyers and firms would not be entitled to practice law in India without registration with the BCI.
    • Foreign lawyers and law firms are not allowed to practice Indian law in any form or before any court of law, tribunal, board or any other authority legally entitled to record evidence on oath.
    • However, the restriction does not apply to law practice by a foreign lawyer or foreign law firm on a ‘fly in and fly out basis’ for the purpose of giving legal advice to a client in India on foreign law or international legal issues.
    • In such a case, the lawyer or firm cannot have an office in India, and their practice cannot exceed 60 days in any 12-month period.

    Requirements for foreign lawyers and firms

    A primary qualification required from foreign lawyers and firms is-

    1. Certificate from the competent authority of their country that they are entitled to practice law in that country.
    2. Undertaking that they shall not practice Indian law in any form or before any court of law, tribunal, board or any other authority legally entitled to record evidence on oath.

     

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  • India’s Foreign Trade Policy set to be revised from April 1

     

    trade

    Central idea: The revision of India’s Foreign Trade Policy, which has been unchanged since 2015 and due for three years, may finally be announced by the end of this month.

    What is a Foreign Trade Policy?

    • India’s Foreign Trade Policy (FTP) is a set of guidelines for goods and services imported and exported.
    • These are developed by the Directorate General of Foreign Trade (DGFT), the Ministry of Commerce and Industry’s regulating body for the promotion and facilitation of exports and imports.
    • FTPs are enforceable under the Foreign Trade Development and Regulation Act 1992.

    What is India’s Foreign Trade Policy?

    • In line with the ‘Make in India,’ ‘Digital India,’ ‘Skill India,’ ‘Startup India,’ and ‘Ease of Doing Business initiatives, the Foreign Trade Policy (2015-20) was launched on April 1, 2015.
    • It provides a framework for increasing exports of goods and services, creating jobs, and increasing value addition in the country.
    • The FTP statement outlines the market and product strategy as well as the steps needed to promote trade, expand infrastructure, and improve the entire trade ecosystem.
    • It aims to help India respond to external problems while staying on top of fast-changing international trading infrastructure and to make trade a major contributor to the country’s economic growth and development.

    Issues with FTP (2015-2020)

    • Acting on Washington’s protest, a WTO dispute settlement panel ruled in 2019 that India’s export subsidy measures are in violation of WTO norms and must be repealed.
    • Tax incentives under the popular Merchandise Exports from India Scheme (MEIS) (now renamed as RODTEP Scheme)and Service Exports from India Scheme (SEIS) programmes were among them.
    • The panel found that because India’s per capita gross national product exceeds $1,000 per year, it may no longer grant subsidies based on export performance.

    Why such a delay in Foreign Trade Policy?

    • Geopolitical uncertainty: The geo-political situation is not suitable for long-term foreign trade policy, said Union Commerce Minister.
    • Global recession: Currently, fears of a recession in major economies like the US and Europe have escalated a panic among investors.
    • Decline in USD inflows: Foreign investors have begun to pull back their money from equities.
    • Rupee depreciation: The US Dollar is at a 22-year high, while the Rupee hit a new all-time low of $81.6.
    • Huge trade deficit: The trade deficit widened by more than 2-folds to $125.22 billion (April – August 2022) compared to $53.78 billion in the same period last year.

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  • Smart Cities Mission: With 2023 deadline looming, a status check

    smart-cities

    Central idea: The Govt asks 20 worst-performing cities to improve as June 2023 Smart Cities Mission deadline nears.

    What is the Smart Cities Mission?

    smart cities

    • The Smart Cities Mission is an initiative of the Union Housing and Urban Affairs Ministry that was launched by PM on June 25, 2015.
    • Cities across the country were asked to submit proposals for projects to improve municipal services and to make their jurisdictions more liveable.
    • Between January 2016 and June 2018 (when the last city, Shillong, was chosen), the Ministry selected 100 cities for the Mission over five rounds.

    Deadline of the project

    • The projects were supposed to be completed within five years of the selection of the city.
    • However, in 2021 the Ministry changed the deadline for all cities to June 2023, which was earlier the deadline for Shillong alone.

    What kinds of projects were proposed?

    • Project proposals ranged from making certain stretches of roads more accessible and pedestrian-friendly to more capital-intensive ones like laying water pipelines and constructing sewage treatment plants.
    • All 100 cities have constructed Integrated Command and Control Centres.
    • These centres monitor all security, emergency and civic services.
    • During the peak of the Covid-19 pandemic, many of these centres were converted into emergency response units by the cities.

    What is the status of the projects?

    • As of March 3, 100 cities have issued work orders for 7,799 projects worth Rs 1.80 lakh crore.
    • Out of these, 5,399 projects worth Rs.1.02 lakh crore have been completed, and the rest are ongoing.
    • Only around 20 cities are likely to meet the June deadline. The rest will need more time.
    • Shillong has completed just one of its 18 proposed projects.

     

  • What is the McMahon Line?

    McMahon

    Central idea: Republican and Democrat senators introduced a resolution in US Congress reiterating that the US recognises the McMahon Line as the international boundary between China and India in Arunachal Pradesh.

    Significance of such move

    • This resolute confirms US (both ruling and opposition) stand with India at a time when China poses a threat to the Free and Open Indo-Pacific.
    • The resolution reaffirms India’s position that Arunachal Pradesh, which China calls ‘South Tibet’, is an integral part of India.

    What is the McMahon Line?

    • The McMahon Line serves as the de facto boundary between China and India in the Eastern Sector and represents the boundary between Arunachal Pradesh and Tibet.
    • China disputes the boundary and claims the state of Arunachal Pradesh as part of the Tibetan Autonomous Region (TAR).

    Under what circumstances was the McMahon Line drawn?

    • The McMahon Line was drawn during the Simla Convention of 1914, officially described as the Convention between Great Britain, China, and Tibet.
    • The British led an expedition into Tibet and signed the Convention of Lhasa in 1904, alarmed at the growing Russian influence in the region.
    • China invaded at the same time, taking control of the southeastern Kham region and pushing British officials to advocate extending British jurisdiction into the tribal territory.
    • The convention attempted to settle the question of Tibet’s sovereignty and avoid further territorial disputes in the region.

    What happened at the Simla Convention of 1913-14?

    • The Tibetan government in Lhasa was represented by its plenipotentiary Paljor Dorje Shatra, and Britain by Sir Arthur Henry McMahon, foreign secretary of British India at Delhi.
    • The Chinese plenipotentiary was Ivan Chen.
    • The treaty divided the Buddhist region into “Outer Tibet” and “Inner Tibet” and determined the border between China proper and Tibet as well as Tibet and British India.
    • The final convention was only signed by McMahon on behalf of the British government and Shatra on behalf of Lhasa.
    • Ivan Chen did not consent to the convention, arguing that Tibet had no independent authority to enter into international agreements.

    How was the border between British India and China decided?

    • The 890-km border from the corner of Bhutan to the Isu Razi Pass on the Burma border was drawn largely along the crest of the Himalayas, following the “highest watershed principle”.
    • However, exceptions were made, such as Tawang, which was included in British India due to its proximity to the Assam Valley.

    What has the status of the McMahon line been since 1914?

    • While there were disputes regarding the McMahon line from the beginning, after the communists took power in 1949, they pulled China out of all international agreements.
    • The McMahon line was not mentioned during the Bandung Conference of 1955, which was held in Indonesia and saw Asian and African leaders agree to a common stand against colonialism and the Cold War.
    • However, the Chinese have recently raised the issue of the McMahon line, and in 2017, Beijing officially renamed six places in the Arunachal Pradesh region, including the disputed area of Tawang.

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  • India-Italy Flourishing Relations

    Italy

    Central Idea

    • The recent summit between Italian Prime Minister Giorgia Meloni and Indian Prime Minister Narendra Modi marked the 75th anniversary of diplomatic relations between Italy and India. It also marked a significant turning point in the relations between the two countries, as they have established a strategic partnership for the first time.

    Italy

    Highlights of the current visit of PM Meloni

    • Now strategic partners: India and Italy have decided to elevate the ties to the level of strategic partnership and identified defence as one of the areas where they can start a new chapter.
    • Boost to startups: The meet led to the establishment of a ‘Startup Bridge’ between India and Italy.
    • Bilateral defence exercise: Another important area of mutual cooperation is defence. They also decided to organise joint military exercises and training courses on a regular basis.
    • Enhance people’s mobility: India and Italy also signed a Declaration of Intent on migration and mobility and inked a memorandum of understanding between Rabindra Bharati University, Kolkata, and Italian Consulate General; and Morarji Desai Institute of Yoga and Sarva Yoga International, Italy.

    India-Italy Flourishing Partnership

    • Bilateral Trade: Italy and India have intensified their collaboration in recent years, resulting in a record figure of around 15 billion euros in 2022, doubling the figure recorded in 2020.
    • Five-Year Action Plan: In 2020, a five-year action plan was adopted with a well-defined range of priorities including energy transition, food processing, advanced manufacturing, creative industry, and infrastructure.
    • Multilateral Initiatives: Italy has joined all the multilateral initiatives promoted by India, from the Indian Ocean Rim Association (IORA) to the Coalition for Disaster Relief Infrastructure (CDRI), to the International Solar Alliance.
    • Cultural Collaboration: Italy and India have enhanced their collaboration in the cultural field, from the heritage front to the creative industry, including fashion, design, cinema, etc.
    • Scientific Research and Technology: The partnership between the two countries has registered the launch of 13 new joint projects in scientific research and technology.
    • Mobility: In recent years, there has been a significant increase in the flow of Indian students and workers in Italy, where an Indian community that exceeds a figure of 2,00,000 is already actively operating in the Italian economy.
    • Health Sector: During the pandemic, Italy and India collaborated by exchanging experiences and practices, with humanitarian initiatives and promoting joint research projects.
    • Strategic Partnership: The Joint Declaration approved in the last summit affirms the commitment of the two governments to develop a strategic partnership that will also focus on sectors such as defence, cybersecurity, space, and energy.
    • Indo-Pacific and Enlarged Mediterranean: A connection was identified between the Indo-Pacific and the enlarged Mediterranean where Italy is a front-line player in terms of energy security, investments, and commerce.
    • Support for G20 Presidency: Italy offered full support to the Indian Presidency of the G20, contributing around issues that were at the centre of Italy’s G20 Presidency in 2021.
    • Ukraine Conflict: Italy and India will be engaged in trying to find a cessation of the conflict in Ukraine.
    • European-Indian Strategic Partnership: Both the Prime Ministers expressed their commitment to enhancing the European-Indian strategic partnership and their support for the ongoing negotiations for Free Trade Agreements and agreements on investment protection and geographical indication protection.

    What makes Italy a crucial partner for India?

    • Economic Cooperation: Italy is one of the largest economies in the European Union and is home to several global corporations. India has a growing economy, and both countries have strong economic ties.
    • Trade and Investment: Italy is the 13th largest investor in India with around 700 Italian companies having a presence in India. Italian companies are investing in various sectors in India, including infrastructure, energy, automotive, and textiles.
    • Cultural Ties: India and Italy share a rich cultural heritage, and their cultural ties go back centuries. Both countries have a long history of art, literature, music, and architecture. Italy is known for its classical art, and India is renowned for its rich cultural diversity.
    • Strategic Cooperation: Both have a shared vision of a multi-polar world order, and are committed to promoting peace and security. Both countries work closely on global issues such as climate change, counter-terrorism, and UN reform.
    • People-to-People Contacts: Italy and India have a significant number of people-to-people contacts, with a large Indian diaspora in Italy. There are over 150,000 people of Indian origin living in Italy, and they contribute significantly to the cultural, social, and economic fabric of the country. The growing tourism sector is also promoting more significant people-to-people contacts between the two countries.

    Italy

    Conclusion

    • The strategic partnership between Italy and India is based on respect for international law, freedom of navigation, and territorial integrity. It aims to strengthen bilateral relations and focus on sectors such as defence, cybersecurity, space, and energy. In these challenging times, the two countries aim to give a strong impulse to their relations based on the common recognition of the value of true friendship and solidarity.

    Mains Question

    Q. What are the key highlights of the recent visit of Italian Prime Minister Giorgia Meloni to India, and how does it mark a significant turning point in the relations between Italy and India? Also Discuss the factors that make Italy a crucial partner for India.


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  • Nikaalo Prelims Spotlight || External Sectors of India

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 1 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Telegram LIVE with Sukanya ma’am – 06 PM  – Current Affairs Session

    Join our Official telegram channel for Study material and Daily Sessions Here


    15th Mar 2023

    External Sectors of India 

    All economic activities of an economy which take place in foreign currency fall in the external sector such as balanced of payment, export, import, foreign investment, external debt, current account, capital account, exchange rates etc.

    FOREX RESERVES

    Foreign exchange reserves are assets denominated in a foreign currency that are held on reserve by a central bank. These may include foreign currencies, bonds, treasury bills and other government securities.

     

    Forex Reserves Consist of:

     

    • Bank deposits

    • Gold

    • Special drawing rights (SDRS)

    • Reserve tranche position (RTP)

    • Foreign currency assets (FCA)

    • Government securities

    SDR

     

    • SDR is an international reserve asset, created by the IMF in 1969.

    • Value of the SDR is based on a basket of five currencies- Dollar, Euro, Renminbi, Yen, and Pound Sterling.

    • It is neither a currency nor a claim on the IMF. Rather, it is a potential claim on the freely usable currencies of IMF members.

    EXCHANGE RATE

    Exchange rate is Price at which one currency is converted into or exchanged for another currency.

    Various Exchange rates mechanism:

     

    FIXED EXCHANGE RATE

    FLOATING EXCHANGE RATE

    MANAGED FLOATING RATE

    Complete intervention of Authority (government or central bank) in determination of the currency exchange rate.

    Market forces(demand and supply) determine the value of currency

    No role of authority

    Exchange rate is largely determined by market forces.

    In crisis, central banks may intervene to stabilize the exchange rate

    NEER vs REER

     

    Nominal Effective Exchange Rate (NEER)

    Real Effective Exchange Rate (REER)

    Weighted average of bilateral nominal exchange rates of the home currency in terms of foreign currencies

    Weighted average of nominal exchange rates, adjusted for inflation.

    It is the exchange rate of one currency against a basket of currencies, weighted according to trade with each country (not adjusted for inflation).

    Is calculated on the basis of NEER.

    Captures inflation differentials between country and its major trading partners and reflects the degree of external competitiveness

    CURRENCY CONVERTIBILITY

    Currency convertibility is the ease with which the currency of a country can be freely converted into any other foreign currency or gold at market determined exchange rate.

     

    Partial Convertibility:

    • Portion allowed by the government which can be converted into foreign currency with least restrictions.

    • Union Budget for 1992-93, introduced it on current account under Liberalized Exchange Rate Management System (LERMS)

    • Also known as Dual exchange system.

    • Presently partial convertibility still operational on capital account.

    Full Convertibility:

    • Freedom to convert domestic currency into any foreign currency and vice versa without any regulatory intervention.

    • Dual exchange rate system got automatically abolished and LERMS was now based upon the open market exchange.

    • In 1994, the Government of India declared full convertibility of Rupee on Current account.

    Tarapore Committee I (1997) and II (2006):

    • Constituted by the RBI for suggesting a roadmap on full convertibility of Rupee on Capital Account.

     

    Advantages of capital account convertibility:

    • Availability of large funds
    • Reduction in cost of capital.
    • Greater financial competitiveness.
    • Increase in FII/FPI flow.

    BALANCE OF PAYMENT

    A systematic record of all economic transactions between the residents of one country with the residents of the other country in a financial year.

    It consists of balance of trade, balance of current account and capital account.

    Balance of trade: Difference between the monetary value of a nation’s exports and imports over a certain time period.

    Balance of payments divides transactions in two accounts:

    Current account

    Capital account

     

    Current Account

    Invisible

    Visible

    Goods(+)

    Services [+)

    Income

    1. Dividend

    2. Interest

    3. Profit

    Transfer [+]

    1. Gift

    2. Donation

    3. Remittance

    Capital account [+]

    Investment [+]

    1.Sovereign 2.Commercial

    NRI account [+]

    1. Gift

    2.Donation 3.Remittance

    Loan (+)

    1 FDI 2. FII/FPI

     

    CURRENT ACCOUNT

    CAPITAL ACCOUNT

    Meaning

    • Records imports and exports of visible and invisibles

    • Short term implication transactions

    • Covers only earnings and spending.

    • Excludes any borrowings and lending.

    • Shows capital expenditure and income for country

    • Long term implication transactions

    • Only includes borrowings and lending by a country

    Components

    • Visible trade(Export and Import of goods-Merchandise transactions )

    • Invisible trade(Export and Import of services)

    • Unilateral transactions

    • Direct Investment (FDI)

    • Portfolio Investment (FPI)

    • Loans / External commercial borrowing (ECB)

    • Non-resident’s investment in Bank, Insurance, Pension schemes.

    • RBI’s foreign exchange reserve

    Deficit (CAD)

    • If the value of the goods and services imported exceeds the value of those exported.

    • Current Account deficit = Trade gap(export – import) + Net current transfers (foreign aid) + Net factor income (Interest, Dividend)

    • When more money is flowing out of a country to acquire assets and rights abroad

    Surplus

    • If the value of the goods and services exported exceeds the value of those imported.

    • Money is flowing into the country, but these inflows reflect changes in the ownership of national assets by way of sale or borrowing.

    Convertibility

    • Current account convertibility relates to the removal of restrictions on payments relating to the international exchange of goals, services and factor incomes.

    • Capital account convertibility refers to a liberalization of a country’s capital transactions such as loans and investment.

    Current status

    • Allowed Full convertibility

    • Only Partial convertibility

    EXTERNAL DEBT

    Part of a country s debt which has been borrowed from foreign creditors which includes private commercial banks, international financial institutions such as the World Bank, International Monetary Fund (IMF), and sovereign governments.

    Types of external debts:

    Short term debt: Maturity period 1 year or less

    Long term debt: Maturity period more than 1 year

    Sovereign debt : Bonds issued by the national government in any foreign currency to generate funds to meet its financial expenses.

     

     
  • [Burning Issue] Silicon Valley Bank Crisis

    silicon

    Context

    • Startup-focused lender SVB Financial Group on March 10 became the largest bank to fail since the 2008 financial crisis, in a collapse that roiled global markets. Regulators had abruptly shut down Signature Bank to prevent a crisis in the broader banking system.
    • In this context, this edition of the burning issue will talk about this crisis, scenarios which could emerge, how India will be impacted by it and how the government is responding to the situation.

    About Silicon Valley Bank

    • It is a financial institution that provides banking services to the technology industry and venture capital firms.
    • Founded in 1983, it has since become the go-to bank for startups and entrepreneurs in Silicon Valley and beyond.
    • It is unique in that it understands the specific needs and challenges of the tech industry, and provides a range of services that cater to startups, including loans, deposits, and investment management.
    • It has become a critical player in the startup ecosystem, providing funding and financial services to many of the world’s most successful startups, including Tesla, Uber, and LinkedIn.

    Why did it collapse?

    • Heavy investment in government bonds: During the period of near-zero interest rates, SVB invested billions of dollars in US government bonds. What appeared to be a safe investment quickly unravelled as the Federal Reserve aggressively raised interest rates to combat inflation.
    • A decline in bond prices: Bond prices decline when interest rates rise, hence the rate increase undermined the value of SVB’s bond holdings. According to Reuters, the portfolio was yielding an average of 1.79% last week, well below the 10-year Treasury yield of roughly 3.9%.
    • Customers panicking: SVB disclosed that it had sold a slew of securities at a loss and would sell $2.25 billion in new shares to plug a hole in its finances. Customers panicked, and they withdrew enormous sums of money.
    • Bank’s Stock prices plummeted: The bank’s stock fell 60% dragging down rival bank shares as investors began to fear a replay of the global financial catastrophe a decade and a half ago.
    • Regulators stepped in: Trading in SVB shares had ceased and the company had abandoned efforts to raise funds or find a buyer. California regulators stepped in, closing the bank and placing it in receivership under the Federal Deposit Insurance Corporation, which normally entails liquidating the bank’s assets to repay depositors and creditors.
    • A case of liquidity risk: The case represents a classic case of an economic crisis situation called liquidity risk. Liquidity risk is the risk that a bank won’t be able to meet its obligations when they come due without incurring losses.
    silicon

    Reasons for SVB’s downfall

    • A downturn of tech stocks: The bank was hit hard by the downturn in technology stocks over the past year as well as the Federal Reserve’s aggressive plan to increase interest rates to combat inflation.
    • Lower bond yield due to lower interest rates: SVB bought billions of dollars’ worth of bonds over the past couple of years, using customers’ deposits as a typical bank would normally operate.
    • Mostly startup account holders: SVB’s customers were largely startups and other tech-centric companies that started becoming needier for cash over the past year.
    • Drying VC funding: Venture capital funding was drying up, and companies were not able to get additional rounds of funding for unprofitable businesses.
    • Fear over deposit insurance: Since its customers were large businesses and the wealthy, they likely were more fearful of a bank failure since their deposits were over $250,000, which is the government-imposed limit on deposit insurance.

    Is this a start of a banking crisis?

    • The demise of both Silicon Valley Bank and Signature Bank put a spotlight on the challenges surrounding small and midsize banks, which tend to focus on niche businesses and can be more vulnerable to bank runs than larger peers.
    • The most immediate concern is that the failure of one would scare off customers of other banks. Both Silicon Valley Bank and Signature are small compared with the nation’s largest banks — Silicon Valley Bank’s $209 billion and Signature’s $110 billion in assets pale next to the more than $3 trillion at JPMorgan Chase. But bank runs can happen when customers or investors panic and start pulling their deposits.
    • Shares of bigger banks were not affected as much. All banks face interest rate risk today on some of their holdings because of the Fed’s rate-hiking campaign. This has resulted in $620 billion in unrealized losses on bank balance sheets as of December 2022.
    • But most banks are unlikely to have significant liquidity risk.

    Implications

    • The collapse of Silicon Valley Bank and Signature Bank made a huge impact on global finances as stocks have lost $465 billion in market value so far.
    • Startups scramble: Many startups and other companies that relied on the bank’s services were suddenly left without access to their funds, which caused financial strain and uncertainty for these businesses.
    • Ripple effect: They now fear that they might have to pause projects or lay off or furlough employees until they could access their funds.
    • Huge uninsured deposits: The vast majority of these were uninsured due to its largely startup and wealthy customer base.
    • No scope for asset reconstruction: There is no potential buyer of Silicon Valley Bank.

    How India could be impacted?

    • SVB has invested in around 21 Indian start-ups including Paytm, Paytm Mall, Shaadi.com, CarWale, Naaptol, and One97 Communications – though the amount remains unclear. But according to the data, SVB has no ‘significant investments in Indian start-ups post-2011.
    • For Indian mutual fund investors who have exposure to international mutual funds and international hybrid mutual funds, this news is not a good news.

    Impact on Indian startups

    • Uncertainty over deposits: The failure of SVB is likely to have a ripple effect on Indian startups, many of which have significant amounts of funds deposited with the bank.
    • Hamper the funding: SVB has been a major player in the Indian startup ecosystem, providing banking services and funding to many of the country’s most successful startups, including Flipkart, Ola, and Zomato.
    • Ripple effect: This could lead to a cash crunch for many companies, which may be forced to cut costs, delay projects, or lay off employees.
    • Reduce global footprints: SVB has also been instrumental in helping Indian startups expand into the US market, by providing them with the necessary infrastructure and support to set up operations in Silicon Valley.

    India’s resilience

    • The risk remains quite low: as Indian banks are well-capitalised. RBI’s Financial Stability Report noted that even under a severe stress scenario, the capital adequacy ratio of banks is likely to remain within the mandated range.
    • Improve with time: Some Indian startups with exposure to SVB may face difficulty in funding day-to-day operations as their funds remain locked. FDIC will facilitate withdrawals, but it may take time.
    • Government lending support: Indian Government has indicated that it will meet Indian startups this week to understand the impact of SVB Financial’s collapse on them and how the government can help during the crisis.

    Learnings from this bank’s failure

    • Question the Trump-era deregulation of banks: The crisis brings into question the Trump-era deregulation of banks such as the decision to roll back Dodd-Frank’s ‘too big to fail’ rules, reducing both oversight and capital requirements. Both seem to have contributed to SVB’s collapse. It appears that the deregulation has allowed banks such as Silicon Valley Bank to take reckless risks. Now there needs to be a serious conversation about reversing the law to shore up confidence and avoid further collapses.
    • Pause on its rate hike programme: It is now doubtful that the Fed will continue with its plan for aggressive interest rate hikes. The next hike was widely expected on 22 March following robust jobs data in January and February. The stress in the banking sector, and the wider impact on confidence, will now give the central bank cause for pause on its rate hike programme.
    • Praise for RBI: The Reserve Bank of India (RBI) deserves credit for how it handles the Indian banking system. Time and again and in each global crisis, it gets proven that Indian banks are tightly regulated, which ensures that there are no major shocks.
    • To be fair, most Indian banks are safe, at most times. And the reason is that the RBI monitors them very closely and forces them to take corrective actions proactively if there is something amiss. But still, all banks are not the same.

    Conclusion

    • When an ecosystem collapses, like the crypto, start-ups and PEs, some casualties are bound to happen. The meltdown could be in its final leg and collateral damage has hit market sentiments.
    • But this will not last long and may be closer to a panic bottom in the markets.

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  • Electricity Discoms: Public Hearings And Public Participation in Decision Making

    Public Hearings

    Central Idea

    • The scale of operations of electricity distribution companies is clear from the fact that their annual revenue requirement is 20% of the Union Budget. The article discusses the importance of public participation in the decision-making process of electricity distribution companies and the role of public hearings conducted by Electricity Regulatory Commissions (ERCs) in this regard. The central ERC recently issued a public notice where it announced that hearings would resume through in-person mode.

    All you need to know about Electricity Regulatory Commissions (ERCs)

    • Independent body: ERCs are independent statutory bodies established by the government to regulate the generation, transmission, distribution, and trading of electricity in a particular state or region.
    • Role: The primary role of ERCs is to protect the interests of electricity consumers by ensuring that electricity is supplied to them at reasonable and affordable rates while ensuring the financial viability of the electricity sector.
    • Powers: ERCs also have the power to issue licenses to power generation and distribution companies, set tariffs, and adjudicate disputes between stakeholders in the electricity sector.
    • To ensure transparent framework: ERCs are an essential part of the electricity sector, ensuring that there is a fair and transparent regulatory framework that promotes competition, efficiency, and innovation.

    Importance of Public Participation in the decision-making process of electricity distribution companies

    • Transparency: Public participation promotes transparency in the decision-making process, It ensures that stakeholders are informed about the decisions being made, the rationale behind them, and the potential impact on the community.
    • Accountability: It creates a system of checks and balances that helps ensure that decisions made are in the best interest of the public.
    • Improved Decision Making: Public participation can provide DISCOMs with valuable insights and perspectives from the community. This can help improve decision-making by ensuring that decisions are made based on a comprehensive understanding of the issues and the needs of the community.
    • Increased Trust: When the public is involved in the decision-making process, it helps build trust between the community and the DISCOM. This can lead to increased support for the decisions made, greater acceptance of the outcomes, and reduced potential for conflict or opposition.
    • Community Empowerment: Public participation can empower the community to have a voice in the decisions that affect their daily lives. This can lead to a greater sense of ownership and responsibility for the outcomes, as well as increased engagement and participation in future decision-making processes.

    In-person Public Hearings

    1. Pros of In-person Public Hearings
    • Greater sense of community: In-person hearings provide a greater sense of community and allow for face-to-face interactions, which can help build trust and foster dialogue.
    • Physical presence: In-person hearings allow participants to physically be present in the room, which can make it easier for them to be heard and have their concerns addressed.
    • Better understanding: In-person hearings may be more effective at conveying complex information and data, as participants can ask questions and seek clarification in real-time.
    • Increased transparency: In-person hearings can increase transparency as they allow the public to see and hear the proceedings first-hand, and hold regulators and utilities accountable.
    1. Cons of In-person Public Hearings
    • Accessibility: In-person hearings may not be accessible to all members of the public, especially those who are physically unable to attend, live far away, or have other commitments.
    • Time-consuming and expensive: In-person hearings can be time-consuming and expensive to organize and attend, which can deter participation and limit the diversity of voices represented.
    • Limited participation: In-person hearings may limit participation to those who are comfortable with public speaking or who have the means to travel and attend the hearing, potentially excluding some marginalized groups.

    Online Public Hearings

    1. Pros of Online Public Hearings
    • Accessibility: Online hearings are more accessible to a wider audience, as participants can attend from anywhere with an internet connection.
    • Convenience and flexibility: Online hearings provide more convenience and flexibility for participants as they can attend from the comfort of their own homes and at their own pace.
    • Increased participation: Online hearings may increase participation from diverse groups and those who may not be comfortable with public speaking or traveling to attend an in-person hearing.
    • Cost-effective: Online hearings can be less expensive to organize and attend, which can allow for more resources to be dedicated to other aspects of the regulatory process.
    1. Cons of Online Public Hearings
    • Technical difficulties: Online hearings may be subject to technical difficulties, such as poor internet connection or difficulties with the online platform, which can hinder participation and the effectiveness of the hearing.
    • Limited sense of community: Online hearings may lack the sense of community that in-person hearings provide, potentially limiting the opportunity for dialogue and relationship building.
    • Digital divide: Online hearings may be inaccessible to those who do not have reliable internet access or the necessary technology to participate.
    • Privacy concerns: Online hearings may raise privacy concerns, as participants may be uncomfortable sharing personal information or speaking out in a public forum.

    What could be the best option?

    • A hybrid mode with both in-person and online options is the best approach to ensure quality public participation.
    • Moving back to the pre-pandemic practice of only in-person hearings takes away a convenient avenue for consumer engagement and impacts meaningful interactions that are possible in the in-person platform.
    • The provision of online mode in addition to in-person hearings would strengthen public participation and plug access gaps, provide flexibility of participation to the citizen, and enable a robust avenue for public participation.

    Conclusion

    • Public hearings conducted in hybrid mode, with the choice of mode being left to the citizen, are best suited to improving access and ensuring quality public participation. There is a need for institutions to continue to build infrastructure and experience toward online hearings and make improvements in how online hearings are conducted.

    Mains Question

    Q. What is the role of Electricity Regulatory Commissions (ERCs) in the electricity sector, and why is public participation important in the decision-making process of electricity distribution companies?


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