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India’s Judiciary:INCREASE BUDGETARY SHARE, by Dhurjati Mukherjee,23 March 2011 |
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Open Forum
New Delhi, 23 March 2011
India’s Judiciary
INCREASE BUDGETARY
SHARE
By Dhurjati Mukherjee
The recent decision of the Supreme Court quashing the
appointment of the Chief Vigilance Commissioner (CVC) has once again proved
that the judiciary is playing an active role in its attempt to cleanse the
system of corruption and streamlining procedures to uphold the rule of law.
Undoubtedly, in the 2G scam, unearthing of black money and
various other cases, the Apex
Court has won civil society’s praise and
admiration because of its decisions. True, the Prime Minister and other
leaders have argued that the Court has over-stepped the limits of judicial
power but this has no basis given that it is carrying out exemplary work.
While some may have vested interests in curbing the Supreme
Court’s powers, others are oblivious of the systemic mal-functioning and want
this to continue. If our Court is functioning as an activist, it is due to the
Government’s lack of efficiency in enforcing the rule of law and allowing
wanton corruption to infiltrate the system and affect the common people.
According to a recent research, the Supreme Court tackled 69
public interest litigations and 5000 other cases in regular hearings compared
to 77 cases of the US Supreme Court and 89 of the UK Supreme Court in 2009. The
staggering work load of the Apex
Court has been handled effectively and its
decisions might have interfered with administrative functioning but they have
tried to reform the system.
There can be no denying that the Supreme Court has turned
over a new leaf under Chief Justice S.H. Kapadia. This augurs well for an
institution whose reputation took a battering during the tenure of his
predecessor, K. G. Balakrishnan. The moral edge it has wrested from the
Executive is also evident in various actions taken in the 2G scam or the need
of the Government to bring back black money stashed in tax heavens by
industrialists and also political leaders.
The vigorous manner in which the SC pursued a range of PIL
cases in recent months has marked a new phase and is a sharp contrast to the
earlier one, rekindling hopes that this is the sole institution that can
challenge the high and the mighty.
Almost every political party has had a brush with the
judiciary. One may mention here that there was a time when the neutrality and
transparency of the Apex Court
was low, especially during the Emergency. At that time four out of five Supreme
Court judges agreed with a lower court judgment that the people had no Right to
Life as Article 21had been suspended by the proclamation of Emergency.
However, today, the Apex Court is able to look back on that
judgment and observe: “There is no doubt that the majority of the Court in the
ADM Jabalpur case violated the Fundamental Rights of the people.”
Significantly, the legal system is firmly entrenched and
some of the most eminent jurists have Indians. Also, most High Courts too are
very active and most of its judgments have been positive, forthright and
greatly appreciated by society. This is not all. According to another study,
Indian law firms are increasing their presence internationally because of their
expertise in various disciplines of law.
Even then, it appears the Government is somewhat reluctant
to make the judiciary strong. The budgetary allocation for the judiciary is
less than one per cent and this has impeded the setting up of additional courts
and infrastructure needed to speed up the justice delivery system.
A Bench headed by Justice GS Singhvi and AK Ganguly recently
regretted the inability for speedy justice. “Even in the Supreme Court, a
Special Leave Petition takes eight years to reach the final hearing”, the Bench
observed. “We all give sermons. We go to the National Judicial
Academy and give lectures
to judicial officers asking them to speed up disposal of cases. But where is
the infrastructure? There are only lectures, sermons, committees and
commissions but no solutions”.
Pertinently, there are around 16,000 trial courts in the
States fighting to dispose around 2.4 crore pending cases. Though the Prime
Minister observed recently (at the 17th Commonwealth Law Conference at Hyderabad) that
“Constitutional democracy with an unwavering commitment to the rule of law was
the best choice for emerging economies”, there is very little initiative to
make the judiciary strong to maintain its neutral stand.
Clearly, if the necessary infrastructure is not provided the
dispensation of justice would be retarded. This in turn would greatly affect
the people, specially those belonging to the deprived sections of
society.
Recall, the Parliamentary Standing Committee in its report
‘The Supreme Court (Number of Judges) Amendment Bill 2008’ recommended
that the Government should take every measure to reduce pending cases in the Apex Court and
other courts as well. Needless to say, justice delayed is justice denied and
the impeccable record of the judiciary should not allow this to happen.
The new phase of judicialisation has been forthright in assessing
the Executive’s performance and the reliance on court’s for justice has been
aptly honoured whereby the judiciary’s intervention has had positive effects.
The court has used the force of law to impose deadlines, defined elements of
Government’s accountability and asked for explanation for non-compliance. There
is no other institution in the country to carry out this work.
True, there may be some friction between the judiciary,
legislature and the Executive, but on the other hand, there is no alternative
as the courts are the only institution to ask for legislative and Executive
accountability. The rise of the importance of the judiciary has greatly
unnerved the present bunch of politicians and bureaucrats, most of whom are
involved in corrupt practices and are a party to wrongdoings of the Government.
At such a juncture, there is need to uphold the dignity and
neutrality of the higher judiciary as it is still respected by citizens
regardless of religion, caste and creed,
though there are ample reports of corruption in the lower judiciary.
Importantly, there is urgent need for intervention in the lower courts to bring
down corruption levels to the extent possible.
Moreover, a problem that needs to be seriously considered is
the growing political influence in the judicial system, which is more
pronounced at the lower levels. There are instances where political influence
has subverted justice and corrupt political leaders have been successful in
by-passing the law through power and influence.
Meanwhile, it is heartening to note that the Code of Conduct
has been framed for judges of all courts across the country, including High
Court judges, to submit details of their assets periodically. If such details
are made public and put on the website of the Supreme Court, this would silence
critics and repose further confidence in the higher judiciary.
In sum, there is an urgent need to set-up a National
Judicial Commission, comprising former judges, senior advocates and social
activists, to tackle this problem effectively. The formation of such a
Commission would help in deciding all matters pertaining to appointments,
transfers and punishments of judicial officers, if and when necessary, without
any interference from the Executive. Also, political interference would be
greatly reduced. ----- INFA
(Copyright,
India News and Feature Alliance)
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Global Nuclear Disarmament:URGENT EFFECTIVE STEPS NEEDED, by Dr Venkateshwaran,16 March 2011 |
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Open Forum
New Delhi, 16 March 2011
Global Nuclear
Disarmament
URGENT EFFECTIVE STEPS
NEEDED
By Dr Venkateshwaran
Sr Lecturer, Dept of
Geopolitics & Intl Relations, Manipal
University
In a major speech in Prague in April 2009, US President Barack Obama outlined
his vision of a world free of nuclear weapons by calling for a global summit on
nuclear security by forging new partnerships.
Subsequently, the US and
Russia signed the Strategic Arms Reduction Treaty in March 2010 to reduce deployed
strategic nuclear warheads to 1,550 in seven years and deployed long-range
missiles and bombers to 700 in an effort to demonstrate Washington and Moscow’s
leadership on arms control and represent a tangible start to implementing a
comprehensive nuclear security agenda.
The latest call for
disarmament becomes significant in the context of the emergence of two contemporary
threats to the international security environment. The first is the increasing
possibility of nuclear weapons falling into the hands of non-State actors. The
second is the persistent efforts by a number of countries to acquire fissile
materials and attendant technology.
Importantly, the growing
political and economic instability in countries like Pakistan,
Afghanistan, Iraq, and the
other Arab countries has further threatened the international security
environment. Increasingly, countries have begun to perceive nuclear potential
as adding to their great power status.
With the strategic
nuclear ideology of mutual deterrence for maintaining peace and order gaining
increasing credibility, it has in turn become an insurmountable obstacle
towards achieving global nuclear disarmament.
Hence, is general and
complete disarmament a realistic pre-condition for reorganising international
life on more civilized principles?
Interestingly, if ever
there is a crucial gateway towards kick starting disarmament efforts, it is Asia. The region has two conflicting nuclear powers in India and Pakistan. Add to this, the
increasing competition across different spheres between a rapidly growing India and China.
Further, Pakistan, Iran
and North Korea
are reported to be pro-actively looking to acquire more fissile materials. What
role does India
envisage for itself in this environment?
India can lay strong claims to
leading global disarmament efforts. Disarmament was one of the core principles
in the evolution of New Delhi’s
foreign policy in 1947. India’s
non- alignment policy during the Cold War helped it to emerge as a leader of
the Third World.
Today, India is
growing at a rapid pace with its cheap labour, democratic values, political
stability, impressive economic growth and a huge market that is attracting the
developed world. Therefore, it stands in a unique diplomatic position of a
country, which has emerged from the developing group, poised to take a leap
into the developed group.
Crucially, nuclear
disarmament continues to be an issue of vital importance for India with a nuclear Pakistan,
politically and economically unstable, and an unpredictable China in its
neighbourhood. Recently, Pakistan
has secured approval from the International Atomic Energy Agency (IAEA) for
setting up two more nuclear reactors in the Chasma nuclear facility.
The development is
significant since it confirms the strengthening of ties between Islamabad and Beijing,
which will supply nuclear reactors to Pakistan. The IAEA gave its nod to Pakistan overlooking the objections raised by India that the
China-Pakistan deal for setting up two nuclear reactors violated the Nuclear Suppliers
Group (NSG) guidelines, which restrict the transfer of such technology to
nations that run a strategic nuclear programme.
Pertinently, recall that India got an exemption from the NSG in view of
its civil nuclear deal with the US
and other countries. Thereby, also announcing its emergence as a de facto nuclear power.
Besides, complete
disarmament does not appear a realistic pre-condition today. If India is
harbouring any intentions of emerging as a global player in the near future; it
will be called upon to play a pro-active role on disarmament. Thus, New Delhi’s efforts, in
the short run, must be concentrated towards partial and phased disarmament to
reduce nuclear weapons around the globe. This will, at least, decrease the chances
of nuclear technology falling into the wrong hands in the immediate future.
Additionally, in the
medium run, it should push hard diplomatically for a universal “no first use
policy” which will further provide minimum mutual deterrence. The key focus, in
the long run, however, must be to create an effective regime and a strategy
through the Nuclear Weapons Convention (NWC) that strengthens mutual trust and
political will among countries to ensure non-proliferation. Here, it must take a
cue from President Obama’s Prague speech to enlist the US as an active partner
to lead global disarmament efforts.
In a “real politik” world, if the process towards partial and phased
disarmament needs to achieve realistic success, India will have to ensure that
the five Permanent members of the United Nations Security Council (UNSC) work
under the umbrella of the United Nations.
For this, the first step
would be to credibly establish the impartiality of the UN decision making process
globally. The expansion of the UNSC by providing permanent seats to countries
like Brazil, India, Japan and Germany will go a long way in kick starting the
first step towards nuclear disarmament.
----- INFA
(Copyright, India News and Feature Alliance)
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Bihar Leads Way:INDIA’s NEW BREAD BASKET, by Shivaji Sarmar, 24 March, 2011 |
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Economic Highlights
New Delhi, 24 March 2011
Bihar Leads Way
INDIA’s NEW BREAD BASKET
By Shivaji Sarkar
Bihar, not so long ago was supposed to be a laggard, most un-innovative,
lacking will to take new initiatives, but today it may become the leader in
setting new trends in agriculture and create food safety for the country which
the Centre has failed to do.
The
State is trying to show that agriculture, the largest employer could be
profitable and add to the people’s lifestyle. Indeed, it has almost posed a
challenge to the Planning Commission and the UPA Government’s contentions that
agriculture is a drain on economy. The State aims at doubling farm production
in the near future. It also has estimated that the employment situation would
phenomenally improve.
Significantly,
two developments are taking place. One, the Biharis' as seen in the Nalanda
district are breaking away from the past by growing new kinds of crops. Two,
the Bihar Chief Minister Nitish Kumar has taken up the cause of farmers in
opposing the Seeds Bill as tabled in Parliament.
Another
event that has not caused much stir is the visit of the Microsoft Chief Bill
Gates, now heading his philanthropic foundation with his wife and Foundation Co-chair
Melinda to the State this month. Whereby, they announced to partner the State
in the agriculture sector. Recall, the Foundation invested $ 80 million worth
partnership in the health sector during Gates last visit to Bihar
in May last year.
Endowed
with good soil, adequate rainfall and ground water availability the State has
now realized its agricultural potential. Till date, its agricultural
productivity is one of the lowest in the country, leading to rural poverty, low
nutrition and migration of labour.
The
change in the political culture and improvement in the law and order situation
has started reversing the process of migration of skilled farm labourers, who
had turned Punjab and Haryana into the
country’s granary. Nitish Kumar believes that Bihar’s
hungry bowl would turn into the bread basket of the country.
He
feels the Seeds Bill, as drafted now, is too favourable to the multi-national
genetically modified seed producers and “is brazenly anti-farmer”. In a
communication to the Prime Minister Manmohan Singh and Agriculture Minister Sharad
Pawar he asserted that the Bill in its present form would lead to unrestricted
commercialisation of varieties in public domain and would make seeds expensive
with doubtful qualities.
He advocated
the cause of the public sector which states that its seeds are not only affordable
but also scientists take keen interest in inter-acting with farmers to improve
the seed quality and farm output. “The cost of private sector seeds runs into
hundreds or several thousands rupees in case of hybrid seeds while public
sector seeds are affordable,” he added.
Further, taking up the cause with Bill Gates who visited
some villages in the State and met farmers, the Chief Minister averred, "The
Foundation has shown interest in seed improvement in the agriculture sector.
Wherein, this new road map aimed at
triggering processes of development in agriculture and allied sectors.
The State
is trying to revolutionise the farm sector by creating self-help groups (SHG),
many being led by women. Nalanda has emerged as the pioneer. The District Administration
and the Agriculture Ministry have also come forward to help farmers in finding
markets for their produce. Many multi-national marketers (MNC) have show interest in bulk purchase
of vegetables and fruits from the state.
The SHG workers have been trained by the Rajendra Agriculture
University, Pusa in
Samastipur in raising new kinds of crops, which have table value in big cities
and they are also trained to think in innovative ways. In a pilot project at Nalanda’s
Anantpur village women have taken to mushroom cultivation after getting
training. They also have become trainers for other villagers.
Another village Sohdih has taken to organic farming of
potato, onion and other vegetables. Many marketers have booked their products
even before the crops matured. Also, pprivate
and cooperative sectors are being encouraged to establish markets, enter into
buy-back arrangements and purchase directly from the farmers.
Farmers
are being organised along the enterprises to establish economy of scale and to
act as a collective voice to safeguard their interest. This includes excursions
into processing and marketing centres of excellence in the country, formation
of farmer interest group and federating them at the various levels.
This
is not all. Co-operative marketing is being introduced in the area of fruits
and vegetables on lines of milk or dairy. Efforts are also being made to make
farmers aware of the market demand of agricultural commodities. To counter the MNCs, seed production under the public sector is being
revived. Seed-village programme has been introduced for seed production through
farmers’ direct participation.
The Bihar
Rajya Beej Nigam and Pusa Seed Society have taken up buy-back seeds scheme.
Private seed companies have been told to ensure availability of latest
technology to the farmers and also to ensure fair competition with public
sector seed companies for the benefit of the farmers.
The
existing Krishi Vigyan Kendras (KVK) have been made main centres in view of
their utility as centre of excellence in spreading agricultural knowledge to
the rural masses. They have been asked to cater to post harvest handling of the
agricultural products and develop entrepreneurial skill among the rural youth.
The KVK’s will function in five “mission modes” on honey bee, seed production
including seed villages, conservation agriculture, integrated farming and
vermi-compost.
The Chief
Minister is also inviting investments in agro industries. His aim is not only to make the State a prime
farm cultivation place but also create job opportunities to check migration
from the State.
His aim is to make Bihar the backbone of national economy.
The State has 56.03
lakh hectares net cultivated area and the gross cultivated area is 79.46 lakh
hectares. About 33.51 lakh hectare net area and 43.86 lakh hectare gross area
receive irrigation from different sources. The State is formulating plans to
utilise the optimum area to increase production of traditional crops like paddy
and wheat to many cash crops and table vegetables. Organic farming is to be
promoted in a big way.
The State
produces 152 lakh tonnes of food grain and 131 lakh tonnes of non-food (cash)
crops. It estimates that with some correction in management of farm sector it
could be increased by over 50 per cent. As it stands, Bihar farmers
still lead in khaadi production. This
gives additional income to at least 25 per cent of the farmers. This area is
also to be intensified.
Undoubtedly,
the Bihar experiment has much potential. If it
succeeds it would change the basic economic concepts the country has been pursuing
for the last 20 years. ---- INFA
(Copyright,
India News and Feature Alliance)
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Power Situation May Turn Critical:URGENT ENERGY SECURITY PLAN NEEDED, by Shivaji Sarkar, 18 Mar,11 |
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Economic
Highlights
New Delhi, 18 March 2011
Power Situation May Turn Critical
URGENT ENERGY SECURITY PLAN NEEDED
By Shivaji Sarkar
The tsunami has brought nuclear
catastrophe to Japan but it
is likely to take India
several decades back in its energy security plan. Thus, it calls for a new
power policy with stress on de-centralised renewable energy.
Importantly, nuclear energy has
never been either a safe or economic option. The Fukushima tragedy has effectively proved it.
Clearly, as the nuclear energy policy has to go for a review, limited
availability of coal could trip mega power plans. An acute shortage of domestic
coal is threatening to destabilise new power generation projects in which
developers have already invested about Rs 75,000 crore.
The country has not shown much
interest in creating clusters of renewable energy projects except for cosmetic
purposes. It has reduced allocation for renewable energy research by Rs 42
crore from Rs 119 crore in 2010-11 to Rs 77 crore in 2011-12. The allocations
on this head have been measly always.
The Labour Government in the UK has recently
faced severe criticism for jettisoning alternative energy programmes and trying
to promote large nuclear programmes largely on the coasts. The Government has
been accused of collusion with large firms to promote nuclear energy at the
cost of public safety. It has been blamed of sabotaging offshore alternative
energy projects.
Though the Government in India has not
done anything like that, yet its unwillingness to promote renewable energy
sources on the plea that whether solar photo-voltaic or wind are not viable
economic options raises questions about the intentions of the Government.
The thermal and nuclear power
lobbies are strong enough to pressurise the Government to formulate policies in
their favour. Plan after plan, the country has missed targets for creation of
installed capacity. The Eleventh Plan would not be an exception and even it
would be far from the target in the Twelfth Plan. By 2012, the Government has
set a target of capacity addition of 78,000 MW. The addition would be less than
half of it.
The country’s policy of reliance on
large capital-intensive power projects is questionable. Many power projects are
unable to meet their plant load factor (PLF). The overall PLF of thermal power
stations during April-December 2010 at 71 per cent was less than what was
achieved in 2009 at 76 per cent. A major reason has been the constriction on
coal supply.
The new capacity of 15,000 mw is
likely to be stranded for want of coal. Coal India Ltd (CIL) promised to supply
92 million tonnes of (mt) of fuel to these projects. Most of these were
expected to be operational over the next one year. The CIL now says it can
deliver only 13 mt. The available coal which needs to be blended with imported
coal could produce barely 3000 mw of power.
The Central Electricity Authority
(CEA) has told the power developer that it could not help them out. Even the
import of coal would not be of much help. Domestic coal production could not
increase as the Environment Ministry has not cleared 15 mining projects that
could produce 210 mt.
The amendment to India’s nuclear law to facilitate US companies do
business here is in their interest only. Being out of business in their home
country, the Indo-US nuclear deal provided them a life-saving device. If New Delhi allows them to go ahead with light water
reactors (LWR) of the Fukushima kind, it should
remain prepared for the repeat, possibly a worse one, of the Bhopal-type
tragedy caused by the US
company, Union Carbide.
A major objection to such reactors
has been their high requirement of water. It has been one of the reasons for
erecting nuclear plants near the sea. But the risks that sea-side reactors
like Fukushima
face from natural disasters are well-known. Indeed, this became evident six
years ago, when the Indian Ocean tsunami in December 2004 inundated India's second-largest nuclear complex, shutting
down the Madras
power station (MAPS). Even plants in Britain are situated just a few
metres above sea level.
The nuclear plants are also not
eco-friendly as they are touted to be. The huge
quantities of water that LWRs consume for their operations become hot-water
outflows, which are pumped back into rivers, lakes, and oceans raising water
temperature telling heavily on aqua life.
Besides, the
fuel, uranium, is in short supply from domestic sources. And international
prices are high. Thus, its operation cost is higher and not low as the nuclear
industry propagates. Another perpetual cost is managing the waste for at least
5,000 years. A difficult proposition that Fukushima blasts has exposed. Much of
the Fukushima radiation is from the exposed waste dumps.
Indian nuclear
operations so far are limited, whether in research or power projects. Further,
these are operated by Government agencies, which adhere to high safety norms.
The foreign companies compromise on these aspects for raking in high profits.
In the present
Budget, there has been moderate rise in allocation to Rs 7602 crore from Rs
6534 crore. But the raise is mostly for research purposes. No proposal for
generation has been made. It has to come, as per Government plans, from foreign
investors along with all its risks.
As of now a
thaw is certain. The thrust in the course of time has to be new energy sources.
The claim that renewable alternatives are an illusion is at variance with
facts. Germany has installed more wind power capacity than the entire current
UK nuclear capacity and is adding to it at a rate equivalent to more than one
new reactor a year. In 2009 alone Germany installed solar photo-voltaic
systems with capacity equivalent to approximately four nuclear reactors, and it
looks like the 2010 figures will be much higher.
India needs to learn from
proper quarters and need not succumb to US pressures to formulate its power
policy. The lack of thrust is preventing the alternative energy sector from
thriving. Large companies and distributing agencies would of course not like
the new energy concept as each housing cluster could create their own system
and ultimately democratize the power sector.
This could also give rise to
local level small service industries. This would again be an anathema for large
monopoly houses. Limitation of natural resources, be it coal or uranium has to
force mankind to look for dependable non-toxic energy options. The cartels may
delay the process as they are doing in UK but they cannot prevent it.
In sum, India may remain a
laggard again as it has been in many developments, if it does not learn from
the experiences of countries like Germany. ---- INFA
(Copyright, India News and Feature Alliance)
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Spectrum Scam:TRANSPARENCY VITAL, by Dr. PK Vasudeva, 28 March, 2011 |
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Events
& Issues
New Delhi, 28 March 2011
Spectrum Scam
TRANSPARENCY VITAL
By Col. (Dr.) P.
K. Vasudeva (Retd)
The media report about the peculiarly one-sided contract between the
Indian Space Research Organisation (ISRO) and a private entity called Devas,
wherein satellite transponders and a wide swathe of frequency spectrum were
leased out for a fraction of the latter's current commercial value, once again
brings into sharp focus the need to constitute an body that will oversee the
allocation/leasing of spectrum.
The Comptroller and Auditor General (CAG) is asking questions from the
Department of Space in this regard. It believes, on a presumptive basis, more
than Rs 2 lakh crore might have been foregone by the exchequer as a result of
the contract. Eventually figures might vary, but the revenue loss cannot be
overlooked. Notwithstanding the Government annulled the contract and the Defence
Ministry asked why it wasn’t consulted on this serious security issue. Such losses
have to be prevented in future.
Importantly, in purely economic terms, wireless spectrum is no different
from oil or gas field, coalmine or even plain Government land. The common
feature is Government ownership and the constantly changing commercial value. For
example, the S-band frequency used to have some value, this dropped to almost
nothing when the technology changed but, with another change in technology, it has
once again acquired value.
It was partly in recognition of this that the Government constituted a
committee to advise it on spectrum pricing two years ago. It will be argued by
some that such committees do not serve the purpose for which they were
intended. While there is some truth in that, going by the principle of
something is better than nothing, the time has surely come to dilute the
absolute power of the Government in such matters --- be it a resource, under
the land, over it or above it --- by introducing a system of checks.
Who knows, what's been going on in the Defence sector, which is
squatting on huge amounts of spectrum? Who would have thought that the
Department of Space, which is directly under the Prime Minister, would have
been so careless? Under any shroud of secrecy, costly mistakes can be made,
even when there is no mala fide. Secrecy cannot be compromised. The last
63 years bear ample testimony to this.
In a sense, what needs to be done is to introduce a well-regulated
market for spectrum, which is the composite name for a range of frequencies
that are put to different uses. Such a market will ensure reasonably accurate
price discovery and it will be superior to the current system where private
information, Ministerial discretion and plain negligence can and do lead to
thoroughly undesirable outcomes.
The Government needs to create a well-regulated market for spectrum,
which will ensure accurate price discovery. It is time India moves to
a system where prices of scarce resources are determined by the market rather
than by a command-control-corrupt model.
One of the premises of the economic reforms that Prime Minister Manmohan
Singh initiated when he was Finance Minister during 1991-96 was that
bureaucrats would no longer manage businesses. A sub-set of this was the
non-negotiable requirement that they do not set prices because, as everyone
knows, price distortions are a major reason for the misallocation of resources.
But habits die hard, especially when they can be beneficial as well. So
it should come as no surprise, even if it causes some dismay that the Telecom
Regulatory Authority of India (TRAI) in formulating pricing of 2G spectrum,
used by the current set of mobile phone companies, should have decided that
prices are best left to the markets.
As a result it has not provided a long-term solution to pricing a scarce
resource; nor does it address issues that queer a level playing field. What it
does is to create more confusion in an industry already bogged down by various
scams.
The calculations are based on a number of assumptions that leave too much
room for bureaucratic interpretation. It also seems to have ignored the fact
that the recent auction of 3G spectrum has firmly established that the cost of
a resource such as spectrum should be determined through a market-based
mechanism.
Instead of suggesting such a mechanism, the telecom regulator has stuck
to linear calculations. In May 2010, TRAI said that 2G spectrum should be
allocated on a pro-rata based on the 3G price. Nine months later, after a
review by four external consultants, it has thrown up another figure. Perhaps
another review by a different set of experts would suggest a new price. Rather
than relying on some mathematical equation, TRAI should have found a way to put
the spectrum in the market place.
Thus, it suggested the Government should collect a one-time fee from
operators with 2G spectrum at the rate of Rs 1,769 crore per MHz of spectrum up
to 6.2 MHz and Rs 4,571 crore per MHz for anything beyond that. This will cost
the telecom firms about Rs 16,000 crore, according to Government estimates.
Over the next few years, this could go up to Rs 40,000 crore, when the
operators go for renewing their licences.
While there is no denying that spectrum should be priced at contemporary
levels, asking operators to pay with retrospective effect seems incorrect.
Phone companies can trade off spectrum requirements with additional investments
in infrastructure such as cell sites; their assessment of how much spectrum
they will seek is therefore conditioned by the price of the marginal spectrum
and the marginal investments they need to make.
Arbitrary price setting, especially one that disregards these economics
and dynamics, can cripple the industry and push it towards a structure
comprising a small oligopoly, just three or four firms, instead of a more
robustly competitive market with eight or more players. The former would
encourage collusion and the consumers' happy hours would be over. It is time India moves to
a system that allows prices to be determined by the market rather than a Soviet-style
command-control-corrupt model.
The Government is now thinking of bringing industry top guns,
prominent bankers and former regulators on board in order to amend the entire
financial sector norms and also to suggest ways to fortify its supervision
system for checking frauds and irregularities. The panel would be responsible
for reviewing and updating the entire financial sector regulations. According
to sources, lawyers will also be included in the group and a Supreme Court
judge might chair it.
Looking at the growing number of scams, the need
to rewrite financial sector regulations has become more relevant. Important
legislations like the RBI Act, framed in 1934, Insurance Act of 1938, Public
Debt Act of 1944 and Securities Contract Regulation Act of 1956 are some of the
old financial rules that need to be rephrased. It is never too late to carry
out reforms. ----- INFA
(Copyright,
India News and Feature Alliance)
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Japan’s N Catastrophe:OPT FOR CHEAP SOLAR ENERGY, by Dr. PK Vasudeva, 21 March, 2011
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Sealing Our Fate:SUPREME COURT & RULE OF LAW, by Ashok Kapur, 9 March, 11
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Budget Ignores Women:FUDGED GDP GROWTH FIGURES?, by Shivaji Sarkar, 12 March, 11
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