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India’s reform prospects have not completely dimmed

Overview

Inflation, monetary tightening and global risk aversion continue to place pressure on Indian markets. Hopes for an economic reforms push that could help lift investor spirits have diminished after the government’s poor handling of activist Anna Hazare’s anticorruption movement damaged its public standing and sparked parliamentary disruptions that impeded the passage of several reform bills. In this note we analyze the prospects for reform in the remaining part of the year before the Uttar Pradesh state election campaign renders unpopular steps politically difficult.

Key judgments

  • Political opposition to reform bills in banking, insurance and commodity markets continues to block policy change.

  • A new direct tax code and the proposed Goods and Services Tax are unlikely to be implemented before April 2013.

  • A widening fiscal deficit will force the government to proceed with fuel and fertilizer subsidy cuts in 2011.

  • Positive news – such as a discernible improvement in FDI flows and rising infrastructure spending on roads, rail and urban infrastructure will bolster market sentiment.

Context

The long-delayed passage of key reform bills was once again impeded by political disruptions emanating from various corruption scandals and agitations during the recently concluded August-September monsoon session of parliament. This means that the government will now be forced to rely on executive policy decisions outside the parliamentary process to reassure investors in an environment of high inflation, slowing growth and global risk aversion.

While we still think that steps to rein in public spending and reduce subsidies are likely to be implemented before year end the window of opportunity for reform is closing. The political window to free urea prices, reduce fuel subsidies and facilitate FDI in a number of sectors will shut by the end of 2011 as the Uttar Pradesh state election campaign commences. Even as the political will to embrace reforms withers, investors should consider measures to rein in fuel and fertilizer subsidies as the minimum necessary for the government to retain its credibility.

Corruption agitation derails legislation

In our July 2011 note Ambitious reform agenda at risk, we pointed out that the Congress Party’s mixed response to recent corruption scandals could endanger its policy agenda by emboldening opposition parties to mount verbal attacks and disrupt parliamentary business. Such a reaction occurred when a government responded in a ham-handed fashion to Anna Hazare’s anti-corruption agitation.

As a result of opposition disruptions, the government managed to introduce only 13 of 34 planned new bills and to pass only 10 of 37 planned bills. None of the bills passed was specifically concerned with economic reform. Only two of the new bills introduced were relevant to the investment environment: one to regulate land acquisition and another to establish a nuclear safety regulatory authority.

Parliamentary standing committees presented another nine reports relating to pending bills, of which only one would be of particular interest to investors: a bill to establish an independent pensions regulator. The presentation of these committee reports is significant because until they have been submitted bills cannot proceed to the vote: reform opponents have stymied bills to liberalize banking and insurance by sitting on committee reports for months.

Table 1 shows how our predictions of policy movement fared in the recent parliamentary session:

Table 1: Fate of reform bills in the August-September monsoon session

Bill

Objective

Our July call

Outcome

Land Acquisition (Amendment) Bill, 2011

Improve transparency and remove distortions in compulsory land acquisition for industry, reduce conflicts with landowners, give legal backing to rehabilitation of project-affected persons.

Likely. Will be introduced in the August-September 2011 monsoon session of parliament and likely passed by year end.

On track. Was introduced in the monsoon session and is still likely to be passed by year end.

Direct Taxes Code Bill, 2010

Simplify and reduce direct tax rates across the board.

Likely. Will be implemented from April 2012 onwards.

Delayed. Parliamentary committee failed to present its report in the monsoon session; implementation from April 2013 now more likely with interim tax cuts in April 2012.

115th Constitutional Amendment (Goods and Services Tax) Bill, 2011

Unify and simplify indirect taxes on goods and services.

Probable but delay likely. Introduced in March 2011, the bill can only be passed with opposition support and must then be approved by half of India's 28 state assemblies; best-case scenario is implementation in mid-2012.

Delayed as expected.

Mines and Minerals (Development and Regulation) Bill, 2011

Set up an independent mining regulator to increase transparency and reduce illegal mining; require auctioning of mineral rights and improve prospecting incentives.

Likely. Bill should be introduced in the monsoon session and will likely be passed by year end.

Delayed. Government failed to introduce bill since cabinet clearance is still awaited, but officials have promised this will happen before the winter session.

Forward Contracts Regulation (Amendment) Bill, 2010

Facilitate trading in various commodity derivatives and establish an independent regulator with strong legal powers.

Possible. Introduced in December 2010, this long-delayed bill is currently with a parliamentary committee for comments and could theoretically be passed in the monsoon session.

Delayed. Parliamentary committee failed to present its report in the monsoon session.

Pension Fund (Regulatory and Development) Authority Bill, 2011

Grant statutory powers to the pension funds that oversee the defined-contribution New Pension Scheme and other plans; develop a stable source of long-term debt and equity investment financing.

Likely. Bill was introduced in parliament in March 2011 with BJP support and could easily be voted on during the monsoon session.

Delayed. Parliamentary committee presented its report on 30 August. A vote in the winter session is likely.

Insurance Laws (Amendment) Bill, 2008

Raise FDI cap in the insurance sector from 26% to 49%.

Difficult. Introduced in December 2008, this bill has languished in a parliamentary committee where its opponents have prevented it from being forwarded to parliament.

Delayed as expected. Still held up in committee.

Banking Laws (Amendment) Bill, 2011

Raise caps on foreign investor voting rights in private banks from 10% to the actual stake held and remove impediments for raising capital.

Possible. Introduced in March 2011, faces opposition but could be voted on in the monsoon session.

Delayed. Parliamentary committee failed to present its report in the monsoon session.

Sources: PRS Legislative Research, TS analysis.

Reform decisions face increased opposition

With progress held up on the legislative side, the only hope for policy action between now and the November-December winter session lies with pending decisions to reduce subsidies and to remove FDI restrictions in multi-brand retail. Subsidy cuts are particularly important because the government now looks likely to overshoot its FY12 fiscal deficit target of 4.6 per cent of GDP by a considerable margin. Persistently high oil prices need to be transmitted to consumers, and the 15 September petrol price increase of 5 per cent needs to be matched by price increases in diesel, LPG and kerosene in order to be meaningful. A perception that it is unable to control its spending could accelerate portfolio outflows, something the government is keen to avoid under current market conditions.

However, the government’s political travails have emboldened reform opponents within the Congress-led coalition, as the following examples demonstrate:

  • Urea decontrol. The Dravida Munnetra Kazagham (DMK) Party, which controls the Ministry of Chemicals and Fertilizers, continues to oppose the freeing of urea prices even though non-nitrogen fertilizer prices were decontrolled more than a year ago. A cabinet decision on this policy is required imminently for implementation by the stated deadline of 1 October.

  • Fuel prices. The DMK and the West Bengal-based Trinamool Congress Party have strongly criticized the recent petrol price increases and demanded a rollback, even though fuel retailers are in theory free to set petrol prices. These Congress Party allies also forced the cancellation of a minister-level meeting on 16 September that was to discuss limiting the supply of subsidized LPG to four to six 14.2 kg cylinders per family and charging market prices for amounts greater than that. The proposal could reduce the LPG subsidy bill by up to Rs126 billion (US$2.7 billion), or more than 40 per cent of the projected FY12 total.

  • FDI in retail. The proposal to permit 51 per cent FDI in multi-brand retail may already be an early casualty of the forthcoming Uttar Pradesh state election. The measure has been stuck after an inter-ministerial panel outlined its broad contours on 22 July. While we do not completely rule out a policy change it seems increasingly likely that the measure will be delayed until mid 2012. Liberalizing FDI in retail could theoretically anger Uttar Pradesh’s strong trader lobbies. In the interim, the government has decided to ease restrictions on wholesale cash-and-carry firms, in which FDI is currently permitted.

As Table 2 shows, the prospect for additional reforms has deteriorated somewhat. However, we still expect several to be pushed through.

Table 2: Prospect for reforms in 2H/2011

Policy

Objective

Our July call

Our current call

Divestment (partial privatization)

Increase equity market liquidity and reduce fiscal deficit

Feasible. Government is keen but revenues depend on market conditions.

Same.

Full privatization

Improve capital productivity and reduce government spending.

Very gradual. Privatization of loss-making firms (starting with Scooters India (SCRT:IN) and Tyre Corporation of India) will happen slowly, but the precedent will be important (see India to privatize at a snail’s pace).

Same.

FDI in multi-brand retail

Develop agricultural supply chain and reduce transaction costs (see Food inflation to spur agriculture supply side investment).

Feasible. Government likely to approve FDI subject to strict conditions in the near future; 51% FDI in single-brand and 100% FDI in wholesale cash-and-carry currently permitted.

Delay likely due to political opposition and the approach of the Uttar Pradesh state election.

Decontrol prices of nitrogen-based fertilizers

Cap subsidy on urea, which accounts for 60% of fertilizer consumption; corollary to April 2010 decontrol of non-nitrogen fertilizers.

Likely. Proposal has been approved internally and awaits imminent cabinet approval.

Same, despite heightened opposition from allied parties.

Decontrol diesel prices

Cap subsidy on diesel and remove distortion created by petrol decontrol in June 2010; diesel consumption is four times that of petrol.

Unlikely. Gap between domestic selling price and global prices is too high; feasible only after further price hikes or a decline in global oil prices.

Same.

Shift to direct subsidy payments

Will be more efficient and should reduce leakages in the existing subsidy system.

Gradual. A government committee run by Nandan Nilekani has proposed a one-year transition period and for direct payments to begin from 2012 in a phased manner; will have big impact over time.

Same.

Sources: News reports, TS analysis.

Conclusion

Although the outlook for these reforms has become cloudier, we believe that the government will push ahead with those aimed at reining in subsidies if only to retain a modicum of credibility after the anti-corruption agitations derailed earlier hopes that the economic reform programme would accelerate in 2011. Political divisions within the Congress Party have exacerbated its recent political setbacks, but we believe that the deteriorating economic environment will force its hand.

There are some positives to the current cloud of slowing growth and policy paralysis. FDI in April-July 2011 was up 92 per cent year on year to US$14.5 billion, compared with a 20 per cent drop in FY11 to US$30.4 billion compared to the previous financial year. After a long period of underinvestment in infrastructure, spending is picking up in roads, rail and urban infrastructure in spite of the very real governance and cost-of-financing concerns (although the government now expects to fall 10-12 per cent short of its 2007-12 infrastructure spending target of US$500 billion). Debt funds to increase the supply of long-term financing are in the process of being created, and corporate debt markets are deepening despite some regulatory barriers. The anti-corruption agitations are likely to spur new laws to increase transparency in government procurement and the allocation of natural resources by the state.

In the immediate future, however, we believe that the government will be beset by political difficulties and that its willingness to reform will be constrained by the Uttar Pradesh state elections that are likely to be held in February-March 2012. During this period we believe that the government will strive for action on subsidy reforms and perhaps FDI in retail – the minimum necessary to reassure investors that it is committed to broader reforms in the medium term.

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