Wednesday, August 23, 2023

State of Affairs - Consumers turning cautious

High vegetable, grocery, and energy prices have disrupted the budget of most Indian households. Besides, unaffordable housing costs (rentals & EMI) and education & healthcare costs have impacted many middle-class households. An analysis of 1QFY24 results of the consumer companies indicates that there was nothing particularly noteworthy in the overall performance of the consumer companies. Demand environment for both staples and durable consumer goods remained subdued; though some companies reported decent growth in margins primarily due to lower costs.

The current quarter (2QFY24) has witnessed disruptions due to challenging weather conditions. The southwest monsoon has been erratic both temporally and spatially. To date only about 43% of districts have received normal rainfall; whereas 40% of districts are deficient and 17% have received excess or large excess rainfall. Northern states have witnessed significant disruptions due to excess rains; impacting the logistics and crops. Besides, the festival season this year is pushed back by one month, pushing the festival demand to 3QFY24. Obviously, the outlook for consumer demand does not look exciting for the current quarter.

In this background, it is interesting to note the findings of the latest (July 2023) Consumer Confidence Survey (CCS) by the Reserve Bank of India (RBI). The key highlights of the survey are:

Present tense: After persistent recovery for almost two years, consumer confidence for the current period stood a shade lower than that witnessed in the previous survey round; improvement in respondents’ sentiment on income and spending was offset by somewhat higher pessimism on the general economic and employment situation.

Future hopeful: Going forward, households expect improvement in general economic, employment, and income conditions; they turned less pessimistic on one year ahead price situation vis-à-vis May 2023 round of the survey. The future expectation index (FEI) remained in optimistic terrain and recorded a marginal rise in the latest survey round.

Sentiments improving: Sentiments on current income improved further and moved to an optimistic zone for the first time in four years; future earnings expectations remain buoyant.



The current perception of the economic situation, employment, and inflation has worsened recently. It has persistently remained negative since July 2022.

The expectation for one year ahead regarding economic situation, employment, and spending has also worsened as compared to May 2023 survey. Though it still remains in positive territory, it has not shown any material improvement since July 2022.

It is fair to say that the future expectations of improvement are driven more by hopes rather than any substantive basis.



Tuesday, August 22, 2023

Layers of Nimbostratus fast covering the sun

Last week media headlines prominently mentioned that Michael Burry, the famous fund manager who earned his clients billions by positioning short on the US securities during the subprime crisis of 2007-08, has recently bought put options on S&P500 and Nasdaq100 worth totaling US$1.6bn in nominal value.

Obviously, the headlines left many traders worried about the markets, particularly, their long positions. The S&P500 index corrected over 2% last week and has now lost over 3.60% in the past month. Besides, the US, markets like Hong Kong (-6%), South Korea (-4.5%), the UK (-5.2%), and Japan (-2.6%) have also corrected in the past month. Indian markets have done relatively better, losing about 2.2% in the past month.

In my view, it’s not Michael Burry’s positioning that is the reason for the market fall; it is the concerns over the stability of the financial system and markets that may have prompted Burry to take a short position.

Pertinent to revisit 2007

Before we take note of the current situation, revisiting the sequence of market events in 2007 may be worthwhile.

By April 2007, over 50 mortgage lenders in the US, which mostly specialized in subprime lending had declared bankruptcy, the largest amongst these being New Century Financial, and over 100 such lenders had already closed their operations. Taking note of the events in the US, all global stock markets had corrected around 10% during June-July 2007 when the media headlines began to be dominated by the subprime crisis unfolding in the US and Europe.

However, to everyone’s surprise (and shock to many who had by then built up massive short positions in the financial markets) the markets rose sharply with Chinese stocks gaining over 40% in just three months and US stocks gaining over 10% during the same period. Most markets made a peak in October 2007 with the top banks like Bear Sterns, Merrill Lynch, and Morgan Stanley showing stress and raising additional capital from Asian sovereign funds; and started their final descent.

The Indian equities however continue to rise till the first week of January, gaining over 50% from the July 2007 low. The Great India Story, There Is No Alternative (TINA) to India, etc. were famously part of the global fund managers’ narrative at that time.

Plane loads of foreign investors with bags full of money were landing daily in Mumbai and Bengaluru. However, the dream run of Indian equities did not last much longer. The correction started on the 8th of January 2008, and by October 2008, Indian equities had lost about 60% from their January 2008 highs, becoming one of the worst-performing markets in the world.

Notably, the Indian economy had grown 9.3% in FY08, on a high base of 9.5% in FY06 and 9.6% in FY07. In the subsequent three years (FY09 to FY11) the Indian economy recorded an average real growth rate of over 8%. The benchmark bond yields corrected from a high of 9.3% in January 2008 to a low of 5.3% in December 2008; only to rise again to 8.9% in the next twenty-one months.

Ominous dark clouds (Nimbostratus) covering the Sun

The events of 2023 bear some resemblance to 2007. After years of low rates, and supportive money & fiscal policies, the economies have heated. Asset prices have risen sharply showing clear signs of unsustainability and irrationality. Consumer inflation is running high despite accelerated tightening. Debt defaults and bankruptcies have started to happen. Bond yields are rising to multiyear highs. Central bankers continue to remain hawkish; indicating further tightening. Conspicuous signs of an impending economic slowdown are everywhere. The US Government bonds have been downgraded and the major US banks are also under close scrutiny for a possible downgrade. The growth engines of world China and India are not able to accelerate growth.

US economy facing strong headwinds

For the past year at least, the US economy is facing strong headwinds.

·         As the Covid stimulus has started to unwind, the growth has dwindled.

·         The household debt burden is at a record high with diminishing debt servicing capability.

·         Household savings are depleting at an accelerated pace.

·         The interest burden of the US treasury has almost doubled from pre Covid level to appx US dollar one trillion.

·         Fiscal deficit funding faces hurdles as the global demand for the US treasury is declining. Reportedly, the US treasury portfolio of China alone is down by over US$500bn from peak of 2013.

·         Bond yields are at a multi-decade high, inflicting massive MTM losses on bond portfolios of insurance companies, pension funds and banks etc. The leveraged bond portfolios are bleeding badly, raising the specter of a major financial sector crisis.

The growth engine of the world is stuttering

China has been a major driver of global growth in the past couple of decades. In particular, after the global financial crisis, China and India have been the major contributors to global growth, contributing over 15% of total global growth.

The Chinese economy has been struggling to sustain its high rate of growth and consistently reporting lower growth. The growth rates of retail sales, property sales, industrial production, employment, investment, etc., and overall GDP have declined in recent months. In fact, China’s People’s Bank of China, is perhaps the only major central bank that has not increased interest rates even once in the past decade. Several experts have raised questions about the sustainability of the Chinese model of growth in the recent past. Some have even pronounced the end of the Chinese era of economic high growth led by investment in manufacturing and property.

In fact, it is not only China. The fabled BRICs that were seen as a major support to the global economy is struggling. Russia is engaged in a prolonged war. Brazil and South Africa have hardly grown in the past decade. India has been maintaining a decent growth rate, but not adequate to make a significant difference to the global economy. Besides, it is not likely that India’s growth will accelerate in any meaningful measure in FY24-FY25 also.

The next 6 months are critical for global markets

Given the current level of fragility and uncertainty, in my view, the next six months are very critical for the global markets. At present, few would rule out a credit event like the collapse of Lehman Bros, or a sovereign debt crisis like Greece in the near future.

The financial markets will definitely take a significant hit in such an eventuality; even if the central banks resort to indulgent monetary loosening immediately to stem the crisis. 

Friday, August 18, 2023

Some notable research snippets of the week

July CPI Inflation Jumps to 7.4% on Food Prices (CARE Ratings)

Retail inflation has sustained its upward trajectory for the second consecutive month, surging to 7.4% in July from 4.9% in the previous month. Consequently, the Consumer Price Index (CPI) inflation has breached the Reserve Bank of India's (RBI) target range for the first time since February 2023. This marks the highest reading observed since the peak in April 2022 at 7.8%. The notable surge in vegetable prices and elevated inflation in other food categories such as cereals, pulses, spices, and milk have driven this increase. Notably, the contribution of food and beverages to the overall inflation has risen significantly to 65%, surpassing their weight in the CPI basket.

Specifically, vegetables alone have contributed nearly 30% to the headline inflation figure, despite having only a 6% weight in the CPI basket. Encouragingly, the core inflation has moderated to 5.1% in July, down from 5.3% in June, thereby falling below the headline inflation rate for the first time in four months.

Concurrently, the data on wholesale inflation released earlier today showed the continuation of the deflationary trend. The wholesale price index contracted 1.4% in July. The divergent trend between the two inflation measures is primarily because of the compositional differences. WPI inflation is largely influenced by global commodity prices which have been on the declining trend. Furthermore, in comparison to the CPI basket, the WPI basket gives nearly one-third of weightage to food items. Consequently, any fluctuation in food prices has a greater impact on the CPI inflation.

Food and beverages inflation (CPI) surged to 10.6% in July, the highest in about 3.5 years. Within the group, inflation in sub-groups such as cereals (13%), milk (8.3%), pulses (13.3%) and spices (21.6%) continued at elevated levels. However, the main culprit for the upswing in food inflation was a significant increase in vegetable prices during the month due to a combination of factors including high temperatures, erratic rains and virus outbreaks. Additionally, flooding in certain areas due to heavy rains also resulted in transportation and logistical challenges adding to the price pressures. Vegetables witnessed a 37% (y-o-y) inflation in July from a marginal deflation during the previous month.

Way Forward

Even though the rise in vegetable prices is transient, the sustained price pressures in categories like cereals, pulses, spices, and milk can keep food inflation elevated in the near term. Higher food prices for longer could impact households’ purchasing power and dent consumer sentiment. This could have a bearing on the growth prospects, especially amid external headwinds and uncertainty regarding rural recovery. The RBI is aware of these challenges and will closely monitor these evolving trends to decide on its future policy course.

However, given the supply-driven nature of these inflationary pressures, RBI has limited space to act. Hence, the government’s timely supply-side interventions are essential to close the supply-demand gap before the upcoming festive season.

Though the moderation in core inflation is reassuring, the possibility of elevated headline numbers in the upcoming months has pushed the expectation of a rate cut by the RBI to the next fiscal.


 

Goods trade deficit widened in July (Kotak Securities)

July goods trade deficit widened to US$21 bn while the services surplus remained firm at US$12.3 bn. In FY2024, we continue to see the current account buoyed by a narrowing goods trade deficit, and steady services surplus. However, we see non-oil imports being relatively stronger than nonoil exports and, hence, revise up our goods trade deficit estimate. We revise our FY2024 CAD/GDP estimate to 1.4% (from 1% earlier).

Lower oil exports weighed on July exports; non-oil exports marginally higher Exports in July contracted 16% yoy to US$32.3 bn (June: US$34.3 bn), led by a sharp fall in oil exports to US$4.6 bn (June: US$6.8 bn). Non-oil exports increased only marginally to US$27.7 bn (June: US$27.5 bn)—lower by 8.3% yoy (Exhibits 3-5). Non-oil exports were propped up by engineering goods, and organic and inorganic chemicals (Exhibit 6). Further, in 4MFY24, engineering goods were the top export, followed by gems and jewelry, and organic and inorganic chemicals (Exhibit 7). The sharp fall from July 2022 reflects the impact of lower commodity prices and gradually weakening global demand.

Imports remained broadly steady in July July imports, at US$52.9 bn (June: US$53.1 bn), declined by 17% yoy. Non-oil imports were higher at US$41.2 bn (June: US$40.6 bn), but it was offset by lower oil imports at US$11.8 bn (US$12.5 bn). Non-oil imports were buoyed by electronics and machinery imports, while gold imports contracted sequentially (Exhibit 6). Further, in 4MFY24, main imports were electronic goods, machinery, coal, coke and briquettes, and gold. Consequently, the July trade deficit widened to US$20.7 bn (June: US$18.8 bn). The trade deficit in 4MFY24 stood at US$77 bn (4MFY23: US88 bn)

Credit-Deposit Ratio Falls, HDFC Merger Pushes Credit Growth (CARE Ratings)

Credit offtake continued to show robust growth, increasing by 19.7% year on year (y-o-y) to reach Rs. 148.0 lakh crore for the fortnight ending July 28, 2023. This surge continues to be primarily driven by the impact of HDFC’s merger with HDFC Bank, as well as growth in personal loans and NBFCs. Meanwhile, if merger impact is excluded, credit grew at a lower rate of 14.7% y-o-y for the same fortnight.

      Deposits too witnessed healthy growth, increasing by 12.9% y-o-y for the fortnight (including the merger impact). On a pro forma basis, deposits grew by 12.3% y-o-y during the same period. The growth in deposits has not been at the same pace as credit since the larger proportion of liabilities of HDFC was by way of borrowings rather than just deposits.

      The outlook for bank credit offtake remains positive, with a projected growth of 13-13.5% for FY24, excluding the merger's impact.

      Deposit growth is expected to improve in FY24 as banks look to shore up their liability franchise and ensure that deposit growth does not constrain the credit offtake.

      The Short-term Weighted Average Call Rate (WACR) stood at 6.39% as of August 04, 2023, compared to 4.72% on August 05, 2022. Banking system liquidity remained in surplus through the month, at an average monthly surplus of around Rs 1.7 lakh crore in July. A temporary provision of incremental cash reserve ratio for SCBs was introduced to manage liquidity, CareEdge Economics expects this new measure to absorb liquidity worth Rs 1 lakh crore from the system which is also likely to impact short term rates.

The outlook for bank credit offtake remains positive, supported by factors such as economic expansion, increased capital expenditure, the implementation of the PLI scheme, and a push for retail credit. CareEdge estimates that credit growth is likely to be in the range of 13.0%-13.5% for FY24, excluding the impact of the merger of HDFC with HDFC Bank. The personal loan segment is expected to perform well compared to the industry and service segments in FY24. However, elevated interest rates and global uncertainties could potentially impact credit growth in India.

1QFY24 Results Review

Motilal Oswal Securities (MOFSL)

After a solid 23% earnings CAGR over FY20-23, Nifty posted 32% earnings growth in 1QFY24, a beat vs. our expectations of 25%. MOFSL Coverage Universe recorded the highest earnings growth in the last eight quarters, fueled by domestic cyclicals, such as BFSI and Auto. Healthcare has made a strong comeback with 24% earnings growth after six consecutive quarters of flattish earnings.

·         MOFSL Coverage Universe recorded the highest earnings growth in the last eight quarters, fueled by domestic cyclicals (such as BFSI and Auto). BFSI coverage universe recorded a 60% YoY profit growth while Auto posted a significant profit of INR179b (vs. a profit of INR13b only in 1QFY23). OMC's profitability surged to INR305b in 1QFY24 vs. a loss of INR185b in 1QFY23 due to strong marketing margins. Healthcare made a strong comeback with 24% earnings growth after six consecutive quarters of flattish earnings. Around 15 of 21 sectors have either met or exceeded expectations.

·         We raise our FY24E Nifty EPS by 2.5% to INR988 (earlier: INR964) due to notable earnings upgrades in TTMT, JSTL, Bharti, SBI, and KMB. We now expect the Nifty EPS to grow ~22%/16% YoY in FY24/ FY25

The beat-miss dynamics: The beat-miss ratio for the MOFSL Universe was largely balanced as 36% of the companies beat our estimates, while 38% missed estimates at the PAT level. For MOFSL Universe, however, the earnings upgrade to downgrade ratio has also been a bit unfavorable for FY24E as 66 companies have reported earnings upgrades of >3%, while 76 companies’ earnings have been downgraded by >3%. EBITDA margin of MOFSL Universe (ex-Financials) rose 330bp YoY to 17.6%.

Heavyweights drive the quarter: Earnings performances of both MOFSL Universe and Nifty were led by heavyweights. The top five companies within MOFSL Universe contributed 84% to the incremental YoY accretion in earnings (three OMCs contributed 59%, followed by SBI – 13% and Tata Motors – 12%). Similarly, within Nifty, five companies (BPCL, SBI, Tata Motors, HDFC Bank, and ICICI Bank)

Key sectoral highlights – 1) Technology: IT Services companies reported weak performance in 1QFY24 with flattish median revenue growth QoQ in CC, in an otherwise seasonally strong quarter. The weakness in key verticals continued through 1Q with BFSI and Retail reporting a median USD revenue decline of 1.2% and 0.4% QoQ, respectively. 2) Banks: The banking sector posted a mixed 1QFY24, driven by healthy loan growth and sustained improvement in asset quality; however, margin trajectory reversed due to a sharp rise in funding costs. 3) NBFCs – Lending: Most of the NBFCs (except HFCs) reported a sequential contraction in NIM, surpassing our initial projections. For a majority of the NBFCs, the principal reason behind this NIM compression was the substantial increase in borrowing costs. 4) Auto: The quarter saw upgrades for FY24E largely to factor in the benefits of better gross margin, thus aiding overall profitability and commentaries related to a sequential improvement in exports. 5) Consumer: The overall performance of MOFSL Universe was a mixed bag with a few companies reporting healthy volume growth while others posted healthy value growth during the quarter.

The top earnings upgrades in FY24E: JSW Steel (34%), Tata Motors (28%), Dr Reddy’s Lab (15%), Bharti Airtel (13%), and M&M (10%).

The top earnings downgrades in FY24E: Tech Mahindra (-10%), UPL (-7%), Tata Steel (-5%), Apollo Hospital (-5%), and HUL (-4%).


 

China: PBoC cuts rates amidst data weakness (ING Bank)

Rate cuts show that concern is mounting The 15bp cut to the medium-term lending facility (MLF) was unexpected. Almost all forecasters expected China's central bank, the PBoC, to wait until September to cut again. MLF lending volumes of CNY401bn were in line with expectations. The PBoC also cut the seven-day reverse repo rate by 10bp, which now stands at 1.8%.

The market responded abruptly. The CNY rose to close to 7.29 immediately after the decision, though eased lower soon after. And 10Y Chinese bond yields dropped about 6bp to 2.56%. From a macro perspective, today's policy decisions are somewhat helpful. They will help improve the debt-service ability of cash-strapped local governments and property companies. But this isn't a game-changing outcome, and so we doubt that market sentiment will dramatically improve just on this.

Activity data remains extremely poor The activity data release contained no bright spots, and quite a few downside surprises. Perhaps the worst of these was the 2.5% YoY growth in retail sales. This has declined sharply from an admittedly base-effect inflated 18.4%YoY growth rate in April as the re-opening briefly led to a retail sales surge. Now the idea of a consumer-spending-led recovery is looking very vulnerable. In year-on-year terms, industrial production slowed to 3.7% YoY, from 4.4% in June. Year-to-date, production growth remained at 3.8% for the second month. Property investment slowed at a faster pace in July, falling at an 8.5%YoY pace, weaker than the 7.9% YoY decline achieved the previous month. Property sales growth also slowed to almost a standstill in July, rising at only 0.7% YoY YTD, down from 3.7% in June. And fixed asset investment slowed to 3.4% from 3.8% YoY YTD. Topping all of this off, the surveyed unemployment rate rose to 5.3%.

What does this mean for policy?

The question of the day based on the number of times it has been posed to this author is "Does this mean the PBoC will undertake Quantitative Easing (QE), and if so, when?" At the current juncture, QE does not seem to be the right response to what we are seeing. Nor does a large dollop of fiscal stimulus.

China is undergoing a painful transition to a less debt-fuelled, less property-centric and more consumer-driven economy. An "emergency" policy like QE that primarily inflates real and financial asset prices does not appear to have a strong role to play here. QE would also put the CNY under further weakening pressure, which it is very clear the PBoC does not want and would make it much harder for them to manage the CNY. It would also raise the risks of capital outflows, which they will also be keen to avoid.

More policy measures will be needed and more will certainly be delivered. The PBoC has not ended the rate-cutting cycle yet, and there will be further iterations of policy rate cuts along the lines of what we have seen today.

As for government stimulus policies, these, we think, will tend to be along the lines of the many supply-side enhancing measures that we have already seen. The way through a debt overhang is not to print more debt, though it may be to swap it out for lower-rate central government debt, or longer maturity debt to ease debt service. Enhancing the efficiency of the private sector will also play a key role, though this and all the supply-side measures will take a considerable time to play out.

The tiresome chorus clamouring for more stimulus is unlikely to stop in the meantime. And we will continue to see weak macro data for the foreseeable future. It is a necessary part of the adjustment and is far preferable to resurrecting the debt-fuelled property model that propelled growth previously. But we do need to lower our expectations for China's growth.


Thursday, August 17, 2023

Will 2025-2035 be India’s decade?

The tremendous economic growth achieved by Japan in the post-WWII era is popularly known as “The Japanese Economic Miracle”. It was in fact nothing less than a miracle – a country totally devastated by war rose from ashes to become one of the largest economies in the world. Japan recorded a high rate of economic growth during 1950-1975. The growth was primarily led by strong capital accumulation, strategic initiatives to expand trade share in global markets, concentration on technology development & innovation, and development of a strong high-quality ethical workforce.



Supported by benign monetary policy, easy credit, and profligate fiscal policies, by the end of the 1970s, Japan had become a powerhouse of technology and finance. The 1980s however witnessed unprecedented heating of the Japanese economy. Asset prices ballooned to unsustainable levels. The Bank of Japan, in its wisdom, decided not to tighten the monetary policy to control the surging asset prices. Low rates and a stronger JPY, led to a prolonged phase of low growth and low inflation. Worsening demography, due to a variety of reasons, further exacerbated the deflationary pressures in the economy. 1990-2020 witnessed Japan struggling with low inflation and low growth. The Global Financial Crisis and Covid-19 pandemic made things only worse.



The present state of the Japanese economy has become a generic reference for economies struggling with low growth, low inflation, low rates, and high debt for a prolonged period; and is referred to as “The Japanification of Economy” in the popular economic lexicon.

Post the Global Financial Crisis (GFC) in 2008-09, the fears of Japanification of several global economies increased. Unprecedented monetary easing in the wake of Covid-19 further enhanced the risk of a prolonged phase of low growth in several developed and developing countries.

In the past couple of years, we have witnessed a strong spike in inflationary pressures across the globe. Initially, it was believed that this episode of inflation is mostly a consequence of supply-chain issues, which broke down badly due to the pandemic; hence it would be transitory. However, later it emerged that it may be more structural than transitory.

The quantitative easing in the wake of the GFC did not cause consumer inflation, because money printed during 2009-2011 was mostly given to banks, which did not lend much of it to consumers. The velocity of money remained very poor; thus the actual money supply did not increase materially. But during Covid-19, a large chunk of new money flowed into the hands of consumers increasing demand at a time when supply was seriously constrained. High inflation was a natural consequence. Erratic weather conditions globally and a war between Russia and Ukraine (major suppliers of energy and food to Europe in particular) added further to the food and energy inflation.

In the past fifteen months, the central bankers globally have tightened the money supply and efforts have been made to add production capacities to meet incremental demand. It seems for now inflation has been controlled; though the inflationary expectations remain high as it is commonly believed that slower growth and financial crisis (that looks imminent) would force central bankers to open the liquidity taps again – sooner than later.

Nonetheless, for now, Japanification of the US and Europe has not happened as inflation remains high, rates have been hiked and recession has been avoided.

On the other hand, the conditions in China eerily resemble the conditions in Japan during the early 1990s. After two decades of massive growth led by huge investments in technology, infrastructure, and manufacturing capacities, the Chinese economy is feeling the fatigue. The population is aging and employment conditions are worsening. The growth rate is consistently declining. The real estate market is in a bubble-like situation, with several defaults and a huge inventory. China is the only major economy, besides Japan, that has not cut rates in the past decade. Inflation continues to remain low. The financial institutions are weakening and fiscal support to consumers and the financial system remains high.

The risk of the Japanification of the Chinese Economy is real and material. Considering that China has been a major driver of global growth in the past couple of decades, a Japanified China cannot be good news for the world as a whole. However, on the positive side, it may be an excellent opportunity for India that may get favorable conditions for growth – what Japan got in two decades post WWII and China got after its admission into WTO.

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

Tuesday, August 8, 2023

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

 Three of the major impediments to India’s sustainable development and faster socio-economic growth could be listed as (i) Blatant disregard for the law due to a pathetic justice delivery system; (ii) Jugaad mindset of people and (iii) total disregard for the social and regulatory compliance norms.

Let me explain my point with the help of the following examples:

Bail is acquittal

I recently visited Chaubeypur Village in the Varanasi district of Uttar Pradesh. A decent sized urbanized village located about 25 km from Varanasi city, Chaubeypur is representative of the unplanned and unsustainable urbanization of numerous Indian villages.

In Chaubeypur, I met Chote Lal (name changed) who is accused of 2 murders, arson, land grabbing, extortion, and rape of a middle-aged woman. Presently out on bail, he gleefully boasted to have committed some of these crimes. When I tried to discuss the law and order situation in the area with Vimal Saxena (Name changed), a lecturer at Law College in Chaubeypur, he appeared rather bemused at my naivety. On a little prodding, he asked a counter question – “Have you ever noticed why a bail order is invariably celebrated and makes big headlines in India?” I literally was at a loss for words, as I could not think of any logical explanation for celebrating a bail order.

“For the accused of criminal acts, two-thirds of cases end with the bail order. Once the accused is released on bail, the case remains of little consequence. The cases could be dragged to eternity. In most cases witnesses would vanish; complainants and/or accused would die; the complainants would run out of money/patience to pursue the case; or the complainants would be forced/lured to withdraw cases. Therefore, anyone who is confident of securing a bail order is fearless and not afraid to commit heinous crimes. The situation is no better in civil matters. Property and family disputes, in particular, could drag on for decades without any resolution.”

Interacting with Chote Lal and Vimal Saxena for 20 minutes would give you a fair idea of the malaise plaguing the Indian justice delivery system. Anyone who has been in a situation warranting a judicial or legal intervention would know this situation very well. But still, no one talks about solutions for this grave problem!

Jugaad is celebrated as a “unique skill”

In the past five years, in particular, social media has been incessantly flooded with messages highlighting the architectural excellence of medieval India, as reflected in our temples, water bodies, forts, etc. The messages everyone sees in the media conveniently ignore the fact that we are unable to build a 10 km stretch of road that could sustain 25mm of rain in a day.

The point is that the ‘jugaad’ mindset has perennially pushed back India and Indians tenaciously into survival mode, preventing the development of a strong foundation for economic growth and prosperity. The ‘jugaad’ mindset reflects poorly on almost every aspect of the socio-economic life in India. This has severely impacted the pursuit of excellence, a hallmark of Indian art, culture, engineering, architecture, and industry till the 19th century, at least.

The ‘jugaad’ mindset has also doggedly constricted the vision of an average Indian entrepreneur. Except for a handful of Indians, most of whom have the benefit of studying and/or working overseas, not many have thought about scalable business models. Consequently:

·         Despite having over 2000yrs of the rich tradition of fashion, fabric manufacturing, dress designing, and abundant raw material availability why no Indian textile or fashion brands figures prominently in the global fashion and textile industry?

·         Despite being one of the oldest civilizations, the tradition of living and networking in communities, spending considerable time in chaupals and doing Adda till late at night, and availability of tremendous IT skills – no Indian thought of creating Facebook – an e-chaupal with over US$800bn in market cap.

·         Despite claiming ourselves to be the world leaders in the field of religion, spirituality, culture, etc. we could not create Mecca, Vatican, and Jerusalem out of Vrindavan, Kashi, Tirupati, Ajmer, Haridwar, etc. Most of these places are filthy and abysmally inadequate in basic tourist infrastructure.

·         Despite slavery for many centuries, why do we still depend on those very foreigners for the supply of equipment, arms, and ammunition for our armed forces?

·         Why failing to win an Olympic gold medal is a subject of national shame; failing to get a nomination for the Oscars is a subject of national disappointment, but not getting a single Nobel for mathematics, science or literature post-independence does not evoke any regrets or discussion. Remember, we always proudly claim ourselves to be pioneers in the fields of mathematics, physics, astrophysics, metallurgical and medical sciences, etc.

·         Why do we derive pride from the success of emigrated Indians who have taken foreign citizenship?

·         Why an average Indian male feels proud of being sexist when our religion, culture, and traditions propound the supremacy of feminine power (The Mother Supreme)?

·         Why does an average Indian feel proud of being racist when our religion, culture, and traditions preach the universality of human (Vasudheva Kutumbakam)?

These are not but just a few of the illustrations that explain the harmful effects of the ‘jugaad’ mindset. ‘Jugaad’ in the economic field is as dangerous as in personal life (like self-medication) and politics (caste and religion-based politics, adhocism in key socio-economic policies, etc.)

It is because of this jugaad mindset that a large proportion of the Indian populace could not develop respect for intellectual property rights – others and their own.



Compliance is for the cowards

 When you see these pictures, what comes to your mind first?

Are these funny? Are these worth appreciating? Do they highlight the quintessential Indian character? Do you care?



Now tell me—

·         Have you heard of anyone protesting or suing Amir Khan for openly desecrating the historic Red Fort, a heritage building in movie PK?

·         Did you find engineering students drinking alcohol in college campus in 3 Idiot, acceptable?

·         Did you find Amir Khan riding a scooter in the critical care ward of a Hospital acceptable?

·         Did you noticed that Salman Khan is romancing on a motorbike without wearing a helmet?

·         Did you find this overloaded lorry in Fevicol advertisement impressive or funny?

·         Did you ever thought of complaining about the famous and celebrated Mumbai Dabbawallahs blocking traffic, causing inconvenience to passengers in local trains, or you find it regular or rather part of a great service to the nation?

·         Does the latest TV advertisements of Sporto sportswear and CEAT tyres, that describes Indians as incorrigibly non-compliant, offend you, or you would just laugh it off?

Once, I sent these photographs to 50 people, randomly selected from my contact list, for their comments on these pictures. The mail was sent without any preamble.

No surprises there. None of the respondents pointed out any problems with these pictures.

28 respondents just found the pictures funny and answered in LoL emojis. 3 respondents said, Amir Khan is any day better than Salman Khan. 5 respondents have asked who is the actor jumping the road divider and dancing in front of the motorbike. Two of them also wanted to check whether there is Govinda amongst the Dabbawallas' group seen in the given picture.

14 respondents answered with just "???"

The respondents include professionals working with MNC banks, large IT firms, infra developers, exporters, and Indians working in foreign countries as senior managers. 20 are women. All are in the 35-50yr age bracket.

There is no dearth of people who consider wearing a helmet while riding a motorbike, wearing a seatbelt while driving a car, and ignoring a phone call while driving an act of cowardice. Just by not following lane discipline while driving on roads, people cause massive traffic jams, wasting millions of work hours and fuel worth billions of rupees.

It is a common practice for most private schools and teachers to assign tasks to small children, that they could not be reasonably expected to perform on their own. In most cases, teachers are fully conscious that the parents will be completing such assignments. The parents are usually bothered, but somehow choose not to register their protest to teachers; rather they choose to complete the assignments themselves. Of course, the children get their first lesson in non-compliance in their preschool tenure itself.

It is undisputed and inarguable that a section of Indian businesses has been violating the law of land and rules of compliance with impunity for long. Have we witnessed industry associations like CII, Assochem, PHDCCI etc., strongly reprimanding their constituents or issuing a mandatory advisory to all its constituents and members not to indulge in such practices and ensure full compliance with the law & rules in force?

The entire nation knows how the staff members and officers of banks conducted themselves during the Demonetization period. How many of these bank employees have been punished even with a reprimand? How many of the citizens who bribed these bank employees to get their currency notes converted out-of-turn, are ashamed of their act of non-compliance?

The point in case is that "compliance" does not appear to be a high priority on the agenda of even the most educated, wealthy, and responsible citizens. It is unfathomable for a habitually non-compliant society to develop sustainably and grow at a faster speed to become truly a global force.

I shall be traveling for the next 3 days., and may not be in a position to write my daily posts. I shall therefore offer my solutions for improving compliance standards and reforms in the justice delivery system next week. These solutions could form a basis for a larger debate in society and at the policy-making level to evolve an appropriate policy framework

In the meantime, I shall be happy to receive input from readers in this context. 

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