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981. Mapping Dilutions in a Central Law

Author:
Kanchi Kohli and Debayan Gupta
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
For the last two years, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been in the eye of debate and discussed for the controversial changes the National Democratic Alliance (NDA) government had sought to bring about through ordinances. Even though fate of the amendments rests currently with the Joint Parliamentary Committee report, several states have already brought about changes through Rules under Section 109 of the Act. An examination of these state specific Rules reveals they are headed towards: Adopting the changes proposed in the ordinances amending the central law; Diluting the applicability of the progressive clauses like consent or SIA; Clarifying procedures for implementation at the state level. The United Progressive Alliance (UPA) government had replaced the Land Acquisition Act, 1894 with the newly enacted RFCLARR Act, 2013. Though critiqued for expanding the definition of public purpose to include the private sector, the new legislations had been welcomed by social movements, farmers groups and NGOs. This is primarily for the need for a Social Impact Assessment (SIA), the requirement for prior consent, food security provisions and clear compensation related provisions. What was also central to this discussion were the clauses which allow for unused land to be returned to original owners. The Rules framed by the States aim to make the process of land acquisition much simpler for investors. While certain States reduce the time period for the conducting of the SIA process or do away with it in its entirety, there are others who make reductions in the compensation award or modify the applicability of the retrospective clause. There are also States which directly adopt the provisions in the ordinance that aim to remove the requirement for consent from the land acquisition procedure. This working paper paper attempts to trace and analyse how the state governments have modified and built upon the central Act. It also looks briefly at litigation that has emerged especially around the applicability of the retrospective clause of the law, ie. which requires the return of unused land to original owners or reinitiating processes under the 2013 law.
Topic:
Development, Government, Law, Food Security, Land Law, and Social Policy
Political Geography:
South Asia, India, and Asia

982. Performing Poriborton

Author:
Bhanu Joshi, Ashish Ranjan, and Neelanjan Sircar
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In 2011, Mamata Banerjee and party, Trinamool Congress, stormed to power in West Bengal under the simple slogan poriborton (change). In this piece, Bhanu Joshi, Ashish Ranjan, and Neelanjan explore how Mamata went about demonstrating this change to the West Bengal, as well as the architecture of Trinamool Congress’ thumping victory in the 2016 state election.
Topic:
Government, Politics, Governance, Elections, and Social Policy
Political Geography:
South Asia, India, and Asia

983. Does Government’s Monitoring of Schools Work?

Author:
Kiran Bhatty and Radhika Saraf
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This study attempts to understand the effectiveness of education governance, specifically the monitoring function, through the perspectives of frontline officials in India. It locates institutions within social and political structures marked by deep inequalities and analyses the manner in which these institutional arrangements influence the behaviour of frontline officials. It finds that poor state capacities in terms of inadequate resources and systemic infirmities contribute significantly to ineffective monitoring. In addition, the social distance of frontline bureaucrats from their clients reinforces their low levels of motivation, preventing them from using discretion to achieve official objectives.
Topic:
Education, Government, Infrastructure, Governance, and Social Policy
Political Geography:
South Asia, India, and Asia

984. Understanding the Election in Assam (Part 2)

Author:
Bhanu Joshi, Ashish Ranjan, and Neelanjan Sircar
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Muslims comprise 34 percent of Assam’s population, and this population may play a large role in the outcome of Assam’s election. In this piece, CPR researchers Bhanu Joshi, Ashish Ranjan, and Neelanjan Sircar examine the complex contours of the Muslim vote in Assam, with a particular focus on the Lower Assam region where seven of the thirteen districts have a majority of Muslims. They argue that there is no discernible Muslim “vote bank” and any understanding of the role Muslims will play in this election requires a significant amount of nuance.
Topic:
Government, Islam, Politics, and Elections
Political Geography:
South Asia, India, and Asia

985. Understanding the Election in Assam (Part 1)

Author:
Ashish Ranjan, Bhanu Joshi, and Neelanjan Sircar
Publication Date:
04-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
We were warned not to take the bus from Silchar to Guwahati. Unfortunately, the train was fully booked, so we had no other option. As soon as we left the city limits of Silchar, we began to make our way through the soggy, bumpy mess that was supposedly the route to Guwahati. We could only discern that this was intended to be a road by the fact that a few other buses, trucks and cars were similarly trying to maneuver through this muddle. A fellow traveler offered, “Roads in Sikkim and Meghalaya have improved in the last five years; here we still search for a pucca road.
Topic:
Government, Migration, Politics, Infrastructure, and Elections
Political Geography:
South Asia, India, Asia, and Assam

986. Eighth Pupul Jayakar Memorial Lecture Cultural Diplomacy: Leveraging India’s Soft Power

Author:
Shyam Saran
Publication Date:
04-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Pupul Jayakar was influenced deeply by theosophy and became a follower of one of its best known spiritual masters, J. Krishnamurti. One of my treasured possessions is an autographed copy of her celebrated biography of the spiritual guide and teacher. This was her gift to me in the midst of the Festival of India in Japan in 1987/88, which I regard as one of our most successful forays in cultural diplomac y, showcasing the breathtaking range of cultural experiences that India has to offer. The Festival in Japan, just like the earlier Festivals in the US and France, was meticulously choreographed by Pupul Jayakar. As coordinator of the Festival in the Indian Embassy in Japan, I had the rare privilege of working closely with her, putting in place nearly 30 events – performing arts, theatre, exhibitions, fashion shows and film festivals, which eventually covered as many locations throughout Japan. Japanese TV channels carried Festival related programming of over 100 hours, all without cost, bringing Indian culture as a living phenomenon into the homes of millions of Japanese. And over this veritable cultural feast presided Pupul Jayakar, not inappropriately known as the Czarina of Indian culture. I am honoured to have been invited to deliver this address in her memory.
Topic:
Diplomacy, Culture, Soft Power, and Spirituality
Political Geography:
South Asia, India, and Asia

987. Assessing Party Performance and Alliance Dynamics in the 2015 Bihar Election

Author:
Neelanjan Sircar and Gilles Verniers
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The 2015 Bihar election represented a stunning reversal of fortune for the National Democratic Alliance (NDA), led by the Bharatiya Janata Party (BJP). In the 2014 national election, the NDA won 172 out of 243 assembly constituency (AC) segments. But in the 2015 Bihar election, just 18 months later, the NDA won only 58 ACs. In this piece, we investigate electoral data from the Election Commission of India (ECI) to provide a nuanced picture of the shift in Bihar. We argue that poor party coordination within the NDA, in addition to campaign dynamics, account for the magnitude of the NDA’s defeat. Prior to 2014, the JD(U) and the BJP were in alliance together under the NDA banner, but the JD(U) left the coalition over the choice of Narendra Modi as prime ministerial candidate and decided to contest the 2014 election alone. In 2014, without the JD(U), the NDA won 31 out of 40 parliamentary constituencies, with the JD(U) winning just two seats. In the 18 months between the 2014 and 2015 election, once bitter foes, Nitish Kumar and Lalu Prasad Yadav, and their respective parties, Janata Dal (United) [JD(U)] and Rashtriya Janata Dal (RJD), joined forces along with the Congress to form the mahagathbandhan or Grand Alliance to defeat the NDA. The NDA, comprised of the BJP, the Lok Janshakti Party (LJP) and the Rashtriya Lok Samta Party (RLSP) in 2014, stayed intact and added a new party, the Hindustani Awam Morcha (HAM), to its ranks. In the election post-mortem, many have offered explanations for the NDA’s reversal of fortune. Finance Minister Arun Jaitley has argued that the NDA’s poor performance was due to the “social arithmetic” of caste and less about the its message or campaign strategy (1). Observers of the Grand Alliance have pointed to campaign manager Prashant Kishor’s effective campaign strategy and coordination across all parties in ticket distribution and voter mobilization (2). Our data analysis suggests that the outcome of these elections was less about caste arithmetic and more about the poor coalition strategy of the BJP. In particular, the ways in which the BJP treated its allies contributed to the magnitude of the NDA’s defeat. At the same time, we find that although the parties in the Grand Alliance coordinated their efforts better than the NDA, they did not attract more voters than in 2014.
Topic:
Government, Politics, and Elections
Political Geography:
South Asia, India, and Asia

988. Impact of China Slowdown on India

Author:
Geetima Das Krishna and Ankit Bhardwaj
Publication Date:
02-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
After three decades of double-digit growth, China is slowing as it is rebalancing its economy from export-driven to less-volatile domestic consumption driven economy. The paper looks at the impact of China slowdown on India through different channels. Even though India is usurping China as the fastest growing major economy in the world, Indian economy being a fifth of the Chinese economy and also less material intensive can hardly substitute for China as a global growth driver. China has emerged as the largest trading partner of India but India’s trade still remains less vulnerable to Chinese slowdown directly as India’s services exports account for as much as 50% of India’s overall exports (merchandise and services). On the other hand, China’s total FDI investment in India has been miniscule $1.2 billion till September 2015 and India’s infrastructure sector, with its massive investment needs, can be the natural destination for Chinese investments. India reaped the indirect benefit of lower commodity prices in terms of narrower CAD, softening inflation, lower interest rate, increased government fiscal bonanza, all of which contributed to greater macro-stability in India. It was also found that a 50bps decline in China’s growth rate is likely to lower India’s growth by 30bp in the short run.
Topic:
International Trade and Finance, Bilateral Relations, Economy, Economic Growth, and Regional Integration
Political Geography:
China, South Asia, India, and Asia

989. Penalising Environmental Violations: An Analysis of The Ministry’s Proposal

Author:
Shibani Ghosh
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In October 2015, the Ministry of Environment, Forest and Climate Change released a Draft Environment Laws (Amendment) Bill 2015 proposing amendments to the Environment (Protection) Act 1986 and the National Green Tribunal Act 2010. The stated objective of the Bill is to provide ‘effective deterrent penal provisions’ and to introduce the concept of monetary penalty. It also aims ‘to minimise the exercise of discretion and make an unambiguous framework’. This paper summarises the text of the Bill and analyses whether it will complement the environmental objectives the parent laws espouse. It discusses some of the major concerns relating to the proposed amendments under three broad themes: environmental damage and penalties, adjudicating authorities and rule making powers. It concludes that although penalties that effectively deter violators are certainly the need of the hour, the proposed amendments are unlikely to achieve this objective.
Topic:
Climate Change, Environment, Law Enforcement, Law, Legislation, and Deterrence
Political Geography:
South Asia, India, and Asia

990. Indradhanush-Banking Sector Reforms

Author:
Rajiv Kumar, Geetima Das Krishna, and Ankit Bhardwaj
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indradhanush framework with its seven pronged plan was unveiled by Finance Minister Mr Arun Jaitley on 14th August 2015 for revamping Public Sector Banks (PSBs) of India. In this paper, we look at the deteriorating profitability, asset quality, capital position of PSBs along with previous bank recapitalisation expenditure of the government. The seven reform initiatives in Indradhanush are compared with Nayak Committee recommendations. We summarise that Indradhanush does not propose any ground-breaking reforms for the PSBs. Re-capitalisation or infusion of capital into PSBs is its central theme. This opens up a debate on whether the capital infusion is adequate for all banks. Given various constraints for the government, we feel Indradhanush is definitely the step in the right direction. It does incorporate some of the initiatives mentioned in Nayak Committee report but does not fully embrace the essence of the bold Nayak recommendations. PSBs accounting for 70 percent of the banking system and saddled with high NPAs will be an impediment to growth unless the government acts fast to revamp this sector.
Topic:
Government, Reform, Finance, and Banks
Political Geography:
South Asia, India, and Asia