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Minority shareholders’ rights at Bombay House – will SC uphold?

In a landmark judgment delivered on December 18, 2019, the National Company Law Appellate Tribunal [NCLAT] has held as illegal the decision of Tata Sons Limited [TSL] in its Board Meeting held on October 24, 2016 to remove Cyrus Mistry then Chairman, TSL as also from the board of three Group companies viz. Tata Consultancy Services [TCS], Tata Industries Limited [TIL] and Tata Teleservices Limited [Maharashtra]. It has also declared appointment of N Chandrasekran as Chairman, TSL [it followed removal of Mistry] illegal. It has directed immediate reinstatement of Mistry. The Appellate Tribunal has also held as illegal the decision of TSL shareholders in the AGM held on September 21, 2017 to convert itself from extant ‘public limited company’ status to...
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Analyzing growth – slowdown is not structural

During the first five years of Modi – government i.e. 2014-15 to 2018-19, GDP [gross domestic product] grew @7.5% on an average. However, during the first and second quarter of current year, growth has slipped to 5% and 4.5% respectively. Actually, it started moving on a downward trajectory from the third quarter of last year when it was 6.6% followed by 5.8% in the fourth quarter. The average for these 4 quarters [3rd and 4th quarter of 2018-19 and 1st and 2nd quarter of current year] works out to about 5.5%. In comparison with the impressive growth recorded over a 5 year period, this is a significant dip of 2% but can’t be termed by any stretch of imagination as...
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DBT of fertilizer subsidy – Modi must not give up

According to a survey by NITI Aayog, nearly 2/3rd of the farmers don’t favor direct benefit transfer [DBT] of fertilizer subsidy. It is not clear whether this view is representative of the vast swathe of the farming community [there are over 145 million farm households] in India. If, it is indeed the case and this is also the current thinking of the policy makers then, this would leave one shell shocked as this would tantamount to complete reversal of the thought process. In Budget for 2012-13, the then government had announced linking subsidy payment to manufacturers to the sale of fertilizers to farmers by retailers. Pilot projects in 10 districts spread over nine states were to be run; after successful...
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Bail out to all and sundry – road to disaster

The banks – mostly public sector banks [PSBs] – are relentlessly fighting a battle to deal with unsustainable levels of non-performing assets [NPAs] those were caused by ‘indiscriminate’ lending [with hardly any or no ‘due diligence’ which is a fundamental requirement for funding any project] mostly to corporate sector particularly during a decade under erstwhile UPA – dispensation [2004-2014]. While, NPAs have declined significantly from the peak level reached as on March 31, 2018 [courtesy, a massive dose of recapitalization by the union government of over Rs 300,000 crore during the last 5 years as also rigorous governance norms including putting some of them under prompt corrective action framework], the stress is far from over. This is in view of...
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Digital Revolution – challenges and way forward

Having missed the first and second industrial revolution of 19th century and early 20th century respectively [courtesy subjugation of India to colonial rulers of those times] and even the third technology-driven revolution [this one was primarily due to the ‘protectionist’ and ‘inward looking’ policies which were not conducive to embracing technology], India is now in the forefront of the fourth industrial revolution – a digitally driven. The digital revolution is the shift from mechanical and analogue electronic technology to digital electronics which began anywhere from the late 50s to the late 1970s with the adoption and proliferation of digital-computers and digital record keeping that continues to the present day. The last five years have seen massive proliferation of affordable mobile...
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Growth hit by ‘fear’ and ‘distrust’ – really!

In the wake of further deceleration in GDP [gross domestic product] growth to 4.5% during the second quarter ending September 30, 2019 on top of a low of 5% during first quarter ending June 30, 2019, the former Prime Minister, Dr Manmohan Singh has launched a virulent attack on Modi – government squarely blaming the latter for what he terms as ‘disastrous policies’ and creating a palpable climate of ‘fear’ and ‘distrust’ in our society. While, delivering his valedictory address at the national conclave on economy organized by the New Delhi based Rajiv Gandhi Institute for Contemporary Studies, Dr Singh observed:- “There is a palpable climate of fear in our society today. Many industrialists tell me they live in fear...
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Mounting fertilizer subsidy arrears – struggling industry

At the beginning of 2019-20, the amount owed by the Government of India [GOI] to fertilizer manufacturers as subsidy arrears was Rs 39,000 crore. According to the Director General, The Fertiliser Association of India [FAI] – an umbrella organization of fertilizer industry- as on November 1, 2019, this was Rs 33,691 crore to [including Rs 20,853 crore under Direct Benefit Transfer (DBT) scheme and balance Rs 12,838 crore other than DBT]. The FAI expects the arrears to touch Rs 60,000 crore by March, 2020. The persistence of fertilizer subsidy arrears is not an unusual phenomenon. It has been there for decades with the only difference that the amount involved has escalated over the years. During the 80s and early 90s,...
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Food subsidy – who are the beneficiaries

The Government is considering downward revision of ‘reserve price’ of rice from Rs 2,785 per quintal to Rs 2,250 per quintal for selling food under the Open Market Sale Scheme [OMSS] during the current financial year [FY] 2019-20. However, there is no plan for any revision in reserve price of wheat, and the current reserve price of wheat Rs 2,080 per quintal will continue to prevail throughout the remaining period of 2019-20. The scheme is run by the ministry of food civil supplies and consumer affairs to dispose off wheat and rice stored in buffer stock [also known as the ‘central pool’] kept by the Food Corporation of India [FCI] – the agency which is 100% owned by the Government...
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Electoral Bond Scheme – the ‘transparency’ puzzle

For long, widespread use of black or unaccounted money [income on which tax has not been paid or even money generated from dubious sources] in elections has been considered to be the fountainhead of corruption. Fighting elections – be it member of parliament or member of legislative assembly or any other elected body – costs huge sums which a candidate [or the party on whose ticket he/she is contesting] is unable to garner on his/her own. Businessmen and industrialists [even other entities engaged in undesirable activities] exploit this vulnerability of candidates and political parties to give contributions expecting favors in return – under quid pro quo arrangement – either by way of favorable policies or favors in other forms such...
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Giving push to second generation reforms

A section of the commentators is always on the prowl looking for the slightest opportunity to lambast Modi – dispensation irrespective of the state of the economy. During the first four years of its first term i.e. 2014-15 to 2017-18 when GDP [gross domestic product] figures were promising, they blamed the government for fabricating data. But, when the numbers were not so promising as during 2018-19 and first half of current year, they target it for allegedly doing great damage to the economy, loss of jobs and income earning opportunities. Unfortunately, in this blame game that gets hyper-publicity in the media, some of the transformative reforms undertaken by this government – reforms that will have lasting effect for generations in...
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