Showing posts with label 2024 elections. Show all posts
Showing posts with label 2024 elections. Show all posts

Thursday, June 13, 2024

Raising the guards

The year 2024 started with the fervor of Ram Bhakti. The stock market made a new high in mid-January. Investors felt that the grand opening of Ram temple in Ayodhya will stimulate economic activity and provide a material impetus to economic growth. However, the stock market could not hold gains and ended the month of January almost unchanged.

Tuesday, June 11, 2024

What now?

The stock price of Heritage Foods Limited, a milk processing company based in Andhra Pradesh, promoted by the family of N. Chandrababu Naidu (leader of Telugu Desham Party and CM of Andhra Pradesh) rose ~65% in the last week. The rise in stock price is apparently in response to the victory of Mr. Naidu’s party in Andhra Pradesh Assembly elections and the likelihood of it getting a pivotal role in the central government.

Stock prices of many PSEs and companies perceived to be close to victorious NDA partners witnessed heightened volatility and lost 8-15% value after election results.

What does this market behavior tell us?

Does it show that the market participants seriously believe that the elected Chief Minister of an Indian State, will “unduly” favor his family business? Or the working of a PSE depends on the number of MPs a ruling party (or coalition) has in the Parliament? Or the fate of a business in India materially depends on the closeness with the ruling party enjoyed by its promoters?

If any of this is even partially true, does it make sense to even consider investment in such a business? How the fund managers and advisors who swear in the names of Peter Lynch, Warren Buffet, Charlie Munger, could even think of investing (or advising investment) in such businesses?

Anyways, I would leave this debate for the market experts. As a tiny investor, my concern is limited to the point, whether I need to change my investment strategy or stay on my course, in light of the change in government at the center and two states (Andhra Pradesh and Odisha) since the elections are now over and a new government is taking shape.

Changed circumstance

Three notable political changes have occurred in India in the past week.

First, the NDA alliance has won the mandate to form the central government in India. The BJP, which had a strong majority in the outgoing parliament, has secured 240 (out of 543) seats in the 18th Lok Sabha. After ten years, the BJP has fallen short of a simple majority in the Lok Sabha. It has now formed a government dependent on support of its NDA allies. Two key allies Janata Dal (United) led by the Bihar CM Nitish Kumar, and Telugu Desham Party (TDP), led by N. Chandrababu Naidu, the new CM of Andhra Pradesh.

Second, TDP led by Mr. Naidu has secured an absolute majority in the Andhra Pradesh Legislative Assembly, ousting the ruling YSRCP, led by Jaganmohan Reddy who was CM of the state for 10 years. This marks return of Mr. Naidu to power after two decades.

Third, Biju Janta Dal (BJD, led by Naveen Patnaik, lost power in Odisha state after 25years. The BJP secured a simple majority in the recently concluded assembly elections and is forming first ever government in the state on its own.

Market reaction

After an initial knee jerk reaction on the election result day, the markets have scaled new highs and look even more exuberant. On Friday, the Monetary Policy Committee of RBI decided to hold the policy rates unchanged with a 4:2 vote. Two members voted for rate cut and a change of policy stance from “withdrawal of accommodation” to “neutral”. This is also adding to the market buoyancy.

Investment strategy implication

I do not see any reason to change my investment strategy in light of the evolving political scenario. As stated earlier (see here), “I believe that in India economic policies, and therefore financial markets, are politics agnostic. I do not see the outcome of general elections impacting the Indian economy in any significant manner. The economic policy of India is still a work in progress. all governments in India in the past 40 years have made incremental improvements in the policy framework to make it congruent with the scale of economic development and changes in India's position in the global economic and strategic order.”

However, I do expect some positive developments for the economy, and therefore markets. In my view, for example—

·         The decision making at the central government level may improve materially with a stronger consultative and the decision-making process. Decisions like demonetization, abrogation of article 370 and CAA etc. had added elements of unpredictability and disruptiveness to the policy making paradigm in the past ten years. The need for a wider consultation for important decisions could eliminate these elements. On the flip side there could be some delays in decision making and market volatility may increase in cases where there is no agreement between the alliance partners.

·         In Andhra Pradesh, the work on the abandoned new Capital (Amravati) might start again. This may provide significant impetus to investment in the state.

·         The government may focus on affording more cash in the hands of the poor, especially rural poor. This may provide good support to the rural consumption, which is showing some green shoots.

·         The policy support to private capex (e.g., through PLI scheme) may continue and even get enhanced.

·         Overall, the growth may become more inclusive.

My strategy is premised on the assumption that after the final budget (July 2024) the markets shall be guided by the earnings, macro conditions, and global developments, rather than the outcome of elections. For now, I do not see any reason to change that premise.

Wednesday, June 5, 2024

Agenda for the new government

A new central government will assume office in India, in a few days. This is a great opportunity to look at the current state of affairs with a new perspective and reorient the policy framework.

Thursday, May 23, 2024

What if? - Part 4

The ongoing celebrations of the Festival of Democracy shall end on 4th June 2024, with the announcement of election results for the 18th Lok Sabha. In the past two months, the market narrative in India has pivoted around the election outcome. Even though 4QFY24 earnings did impact the performance of specific stocks materially; speculation about the election results has mostly dominated the sentiments.

Thursday, May 16, 2024

What if? – Part 3

Wednesday, May 15, 2024

What if? – Part 2

“Did you notice that no politician takes moral responsibility for any wrong these days!”

Tuesday, May 14, 2024

What if?

Polling for the fourth phase of the 18th general elections ended yesterday. Electorate from 380 Lok Sabha constituencies have exercised franchise to elect their national representatives. Over the next three weeks, eight states (full or partial), NCT of Delhi, and four union territories will vote in three phases. With 70% voting already over, a fair estimate of the national trends could be made by the experts.

Tuesday, May 7, 2024

No margin for error

 In the past two weeks, Indian markets have witnessed heightened intraday volatility. Out of the last nine trading sessions, on six occasions markets witnessed a sharp sell-off from the day’s high levels. Even though, on a weekly basis, Nifty managed to close with marginal gains, the jitteriness amongst traders is conspicuous.

Wednesday, August 16, 2023

Battle Ground 2024 – Judicial reform & Compliance strengthening

The government introduced three bills in the recently concluded monsoon session of the Parliament. These bills propose to replace the Indian Penal Code 1860 (IPC), The Code of Criminal Procedure, 1973 (CrPC), and The Indian Evidence Act, 1872 (IEA). The objectives of these bills are:

·         Streamline provisions relating to offenses and penalties; increase the scope of summary trials; make various offenses gender neutral; deal effectively with the problem of organized crimes and terrorist activities, new offenses of terrorist acts and organized crime have been added in the Bill with deterrent punishments, and introduce community service as punishment for first time petty crimes;

·         Increased use of technology and electronic communication in the investigation of crimes and the trial process;

·         Provision to include electronic and digital records and virtual testimony.

Admittedly, it is a recent event and I have not studied the newly introduced bills in great detail. However, I gather from my study of new provisions that these bills merely seek to incrementally improve the operations of the extant laws by incorporating new crimes; eliminating some redundancies; and integrating the use of technology in the justice delivery system. There is nothing to suggest any transformative change. Besides, CrPC and IPC deal with criminal matters only. A larger problem exists in the settlement of civil disputes, for which nothing is proposed.

In my view, these changes could bring some incremental improvement in the extant justice delivery system. However, to bring a transformative change, which is critical to the growth and development of Indian society, our judicial system needs some radical changes. We need to build a justice delivery system that is premised on trust rather than suspicion.

Based on my numerous discussions with the citizens, community associations, business associations, etc., I have collected some thoughts about a transformed justice delivery system. Again, some readers may find it utopian, but I have a strong belief that a system based on these lines could be very effective and transformative. Of course, these are some preliminary ideas that would need to be refined and structured to build a robust justice delivery and compliance ecosystem.

Promote citizen courts

As I suggested last week (see here), there is strong evidence of numerous democratic assemblies operating within various communities, businesses, and localities. I discovered that most citizens not only feel comfortable working with the members of their own community but are usually most compliant and productive when operating within the network of their “Own people” or "Community". This community bonding is popularly used for resolving disputes within the community. We need to expand this system of mutual trust-based justice delivery and compliance enforcement system by according to it a constitutional and legal status.

To this effect, I suggest the following—

Community courts

·         Make a constitutional provision to recognize community and business associations as authorized dispute-resolving institutions with a right to pass legally enforceable orders in respect of all disputes involving their respective members.

·         Allow social community associations, business associations, RWAs, etc. having prescribed bye laws, rules, and regulations, to register with an autonomous Citizen Justice Authority (CJA).

·         CJA shall assign a judicial officer, who could be a retired magistrate, judge or senior advocate etc., to assist such association in the discharge of their dispute resolution duties.

·         Allow such association to adjudicate all civil disputes, divorce cases, and petty crimes (upto 6months sentence), etc. The order/award of association should be filed with CJA and become enforceable as an order of a competent court. Only orders relating to disputes above the prescribed amount (say Rs. 25lacs) should be appealable in a high court.

Police courts

·         Assign two judicial officers – one Magistrate and one prosecutor - to every key police station (say ACP level) permanently.

·         These judicial officers shall work 9 AM to 6 PM every day; and adjudicate all petty crimes (theft, brawls, injuries, accidents, etc.) and disputes not referred to a community court, at the police station itself within a week of the reporting of a crime.

·         These judicial officers should also hold frequent meetings with the local residents, schools, and businesses to guide them about the importance of compliance, law & order, etc.

·         All orders of such police station courts should be filed with CJA. Any aggrieved person may apply to CJA for reassessment. If CJA finds merit in such appeal, it may refer the matter to a higher court for a detailed trial.

Advance Ruling system

·         The duration of law courses may be extended by one year. In the final year, all students shall be required to undergo a mandatory internship with a district or local court. All candidates selected for judicial postings must be mandatorily required to serve one-year internship with a high court. All designated senior advocates and magistrates getting promoted to sessions court shall serve one year of internship with the Supreme Court.

·         It must be made mandatory for all lawyers to submit a complete petition with all supporting documentary evidence, affidavits, and transcripts of the key witness statements at the time of filing of the petition itself.

·         The interns assigned to various courts shall study these petitions carefully and prepare a draft judgment. They may seek additional details from parties if required.

·         This draft judgment shall then be perused by the respective judges; and if found prima facie acceptable, shall be communicated to the respective parties. If all the parties accept the draft judgment, the same should be pronounced as final; else the regular proceedings should commence. A rate of 35-40% acceptance could substantially reduce the justice delivery time for all.

·         This could be extremely useful in civil and revenue matters, where most of the evidence is available at the outset.

·         The State should normally not object to draft rulings.

Strong perjury law

·         In the absence of a strong perjury law, it is common to see witnesses, complainants, and accused blatantly making false statements, furnishing forged documents, presenting false witnesses, etc.

·         A strong perjury law, providing for similar punishment for perjury as may be applicable to the underlying crime, may prevent numerous frivolous and false cases.

Legal education

·         The new education policy may consider introducing small courses at the primary and middle school levels to educate students about (a) the importance of compliance; and (b) making them aware of various laws that exist to help and protect them.

·         The local police officers, regulatory bodies, and community associations should be mandatorily required to hold training sessions for students in their jurisdiction to make them aware of the importance of compliance with tax laws, traffic rules, civic rules like no-smoking, no-littering etc.; rights of equality, respect for other genders, castes, religions etc.

·         Schools should be mandatorily required to engage with all the parents with compliance training.

·         All students must be given lessons on traffic rules, cleanliness, primary healthcare and gender equality.

Pragmatic regulation

·         All regulatory compliance norms should be pragmatic and based on the behavior of the majority that is compliant rather than the behavior of the minority that is non-compliant.

·         Compliance rules should avoid micro-regulation and should regularly review the norms for redundancy.

State Appeals

·         The Indian state is inarguably the single largest litigant. The appeals filed by the State against decisions of various courts, regulators, revenue authorities, etc. constitute a significant part of the outstanding cases in various higher courts.

·         It would be extremely beneficial if the rules for appeal by the State are made much more stringent. Appeal by the State in revenue and criminal cases should be an exception rather than a rule, as is the case presently.

These suggestions are meant only to be a starting point for a larger debate on the justice delivery system and compliance reforms in India. Readers are welcome to add suggestions, ideas, and views based on their experiences.

Also read

Battle Ground 2024 - Forces are aligned

Battle Ground 2024 - The Narrative and Rhetoric

Battle Ground 2024 – The Problems

Battle Ground 2024 – In search of solutions

Battle Ground 2024 – Political solutions

Battle Ground 2024 – Political Reforms

Battle Ground 2024 – Justice delivery, Jugaad & Non-Compliance