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Pro-Business versus Pro-Crony
CA Divakar Vijayasarathy
National Economic Survey 2019-2020
Volume I Chapter 3
Credits & Acknowledgements
Harish Kumar R
Thirumal V
Legends Used in the Presentation
CAG Comptroller and Auditor General
RPT Related Party Transaction
Presentation Schema
Introduction
Sensex Over the Years
– Growth rate
Relationship between
Probusiness Policy and
Creative Destruction
Key Insights
Difference between
Pro-business and Pro-
crony Policy
Pro-crony and Wealth
Destruction
Related Party
Transactions
Wilful Defaulters Conclusion
Introduction
India’s aspirational vision depends fundamentally elevating pro-business policy that
unleashes the power of competitive markets to generate wealth
On the other hand India shall wean away from pro-crony policy that may favour
specific private interests
Economic events since 1991 provide powerful evidence supporting for moving
away from pro-crony policy
From the standpoint of Stock market, creative destruction has increased significantly
after reforms
Cronyism is the practice of partiality in awarding jobs and
other advantages to friends or trusted colleagues
Creative destruction is a process through which something new
brings about the demise of whatever existed before it
Sensex Over the Years – Growth rate
After liberalisation in 1991, India unleashed its competitive markets
From the stance of S&P BSE Sensex, it was noticeable an increase in market dynamism in the pro-business
India of the post-liberalization period
-Divided into 3 phases
-Phase 1 from 1999 to 2007 saw an acceleration
in growth with each successive 5000 points
marks taking minimal time to achieve
-Phase II from 2007 to 2014 saw a slowdown in
index’s growth due to global slowdown in 2008
among other unfavourable events
-Phase III from 2014 to current period saw a
revival in response to structural reforms and
improvement in global liquidity
Relationship between Probusiness Policy and Creative
Destruction
The relationship between pro-business policy
and creative destruction is mirrored in the
composition of the Sensex over the years
The lack of dynamism in the constitution of
the index in its initial years was largely
representative of the lack of dynamism in the
Indian economy in general
Percentage of Sensex constituents retained
For the first ten years since the Sensex’s inception in
1986, the firms that constituted the index barely
changed
The firms that constituted the index during its inception
in 1986, nearly all the firms were retained for the
majority of the next decade
The constituents of the Sensex of 1997 were steadily
churned out over the next decade, so that the Sensex of
2006 had barely half the firms from the Sensex of 1997
Contd.
Pro-business policy, i.e. liberalization caused a spike in the number of firms churned in the years that
immediately followed it, but the churn rate did not decline to pre-liberalization levels in later years
For every five years, roughly one-third of the firms in the index are replaced
Between 1986-95 only 5 firms exited the index
If liberalization had not occurred, a firm that entered the index in 1986 could have expected to
stay on the index for the next sixty years
Post-liberalization the average duration of a firm spent on the index declined drastically
Currently, a firm is expected to remain on the index for only 12 years (1/5th of the expected duration
prior to the reforms)
Increasing churn in the Sensex
Revision of the Constituents of the Sensex Index in
1996
A monopolist taking the place of another identical monopolist is hardly beneficial
In the Indian case, the Sensex does represent a process of creative destruction
The firms that displaced the incumbents on the Sensex brought with them new ideas,
technologies and processes
New sectors like banks and financials entered the index for the first
time, eroding the predominance of the manufacturing sector on the
index, placing the services sector on the map for the first time, and
reflecting the far reaching changes that the Indian economy was
witnessing in the wake of liberalization
Table Representing Revision of the constituents of
the Sensex index in 1996
Exit Replacement
Firm Industry Firm Industry (new in bold)
Bharat Forge Materials Bajaj Auto Automobiles & Components
GSFC Materials Ambuja Cements Materials
Indian Organic Materials ICICI Diversified Financials
Mukand Iron Materials MTNL Telecommunication Services
Bombay Dyeing Consumer Durables & Apparel BHEL Capital Goods
Century Textiles Consumer Durables & Apparel Colgate Household & Personal Products
Indian Rayon Consumer Durables & Apparel IDBI Diversified Financials
Phillips Consumer Durables & Apparel Ranbaxy Labs Pharma, Biotech & Life Sciences
Voltas Consumer Durables & Apparel Tata Chemicals Materials
Ceat Automobiles & Components BSES Utilities
Hindustan Motors Automobiles & Components HPCL Energy
Premier Auto Automobiles & Components SBI Banks
Kirloskar Cummins Capital Goods IPCL Materials
Siemens Pharma, Biotech & Life Sciences SAIL Materials
Size of Various Sectors
Size of Various Sectors in the Sensex
In early 1990s Financials and Information technology were were virtually nonexistent in the Sensex
by market capitalization
In the current scenario, the sector is responsible for more than 50 per cent of the market share of
the Sensex
It is therefore incontrovertible that the churn in the Sensex represents a very real process of creative
destruction that brought altogether new technologies, products and services to consumers
New sectors emerged in the
Sensex following liberalization
Contd.
India has followed an peculiar growth pattern, wherein the prime mover of the
economy has shifted from agriculture to services
Almost 60 per cent of Indian GDP is attributable to the services sector
The no. of firms in manufacturing has reduced while those in services has
increased between 1988 and 2019
In 1991, the largest firm on the index was roughly 100 times the smallest in
terms of market capitalization. Ten years later, the ratio declined to roughly
75. In 2018, the ratio was only 12
The largest firm of 1991 constituted around 20% of the market capitalization of the
Sensex, while the largest firm of 2019 contributed only 13%
The rise of services in the Sensex
Decreasing size concentration of firms in the Sensex
Increasing Share of IT and Financials Sector in Total Market Capitalization of Sensex
Increasing Share of IT and Financials Sector (By Count) in the Sensex
Key Insights
We can expect today’s dominant firms to remain dominant for only 1/5th of the
time that their pre-liberalization counterparts did
Sectors once considered mainstays of the Indian economy are being displaced
by new sectors bringing with them new technologies and products
The competitive advantage of entrenched firms is being rapidly challenged by
new, smaller and more agile firms
For every five years, roughly one in three firms in the Indian economy can
expect to be challenged in a massive way by the forces of creative destruction
The difference between the sizes of the largest and smallest firms are rapidly
shrinking, and consequently monopoly power in the economy is declining and
making way for more competitive markets
Consumers benefit from an increased variety of goods and services, lower prices
and incessant improvement in the quality of existing products
Difference between Pro-business and Pro-crony
Policy
-Firms compete on a level playing
field
-Resource allocation in the
economy is efficient
-Citizens' welfare is maximized
-Some incumbent firms may receive
preferential treatment
-Resource allocation in the economy may
not be efficient
-Citizens' welfare may not be maximized
Pro-business Policy Pro-crony Policy
Pro-crony and Wealth Destruction
Pro-crony Policies and Wealth Destruction
Pro-crony policies, in contrast to probusiness ones, erode wealth in the economy as cronyism fosters
inefficiencies by inhibiting the process of creative destruction
Prior to 2010, it clearly paid a firm and its shareholders if the firm’s promoters had “connections”
The index of connected firms consistently outperformed the BSE 500 index
The Comptroller and Auditor General’s report on the 2G allocations appears to have reversed the fortunes
for connected firms
The connected index started to underperform the market starting 2011
Investor wealth generated by
connected firms before and after
CAG report on the 2G scam
Related Party Transactions
Case Study of Coal Block Allocations
The Act ensured that any future allocation of coal blocks would solely be through competitive auctions
The Coal Mines (Special Provisions) Bill, 2014, and its subsequent rules, were passed in December 2014,
and the Coal Mines (Special Provisions) Act, 2015, was included in the Indian mining legislative framework.
On 24 September 2014, the Supreme Court of India cancelled 214 of the 218 allocations made by the
Government of India over a span of 15 years.
In August 2012, the CAG report on coal block allocations examined the effectiveness of the processes
adopted in allocation of coal blocks.
In July 1992, a screening committee was set up under the chairmanship of the Secretary of Coal to consider
applications made by various companies interested in captive mining and to allocate coal blocks for
development – on a discretionary basis
Amendments introduced to the Coal Mines (Nationalisation) Act 1973 in June 1993 allowed private
companies to carry out coal mining for captive use.
Prior to 1993, no specific criteria for the allocation of captive mines existed.
Use of Related Party Transactions in Discretionary
Allotment of Natural Resources
It was found evident that the form of coal block allocation has an impact on the value of Related Party
Transactions (RPTs) engaged in by firms that are beneficiaries of the coal block allocation
The graph depicts the comparison
for RPTs under three heads
-RPTs used for purchasing capital
goods/ equipment from related
parties are classified as Capital
Purchases
-Operational expenses paid to
related parties are classified as
Revenue expenses
-Operational income from related
parties are classified as Revenue
income
RPTs to Unlisted/ Foreign Entities and Tax Havens
Unlisted/foreign entities are either
individuals or unlisted domestic
enterprises or enterprises
incorporated in a foreign
jurisdiction
As such entities are harder for the
domestic enforcement authorities
to track, RPTs with such entities are
likely to manifest for purposes of
opacity
Similarly, tax havens are
charaterised by opaque disclosure
regulations and hence serve as an
ideal sink to tunnel corporate
wealth away from other
stakeholders
Wilful Defaulters
Riskless Returns- The Case of Wilful Default
The RBI defines wilful defaulter as a firm that has defaulted in meeting its repayment
obligations even though it has the capacity to honour these obligations
A particularly shocking form of riskless return is the phenomenon of wilful default – a classic
case of a one-way gamble in which “heads, the promoter wins; tails, the lender loses”
Wilful default occurs when firms take loans, divert the proceeds out of he firm for the personal
benefit of owners, default on loans and declare bankruptcy, thereby expropriating stakeholders
Every rupee lent to a willful defaulter constitutes an erosion of wealth
As of 2018, wilful defaulters owed their respective lenders nearly Rs. 1.4 lakh crores
Aggregate outstanding amount owed by wilful
defaulters (₹crores)
Defaulters owed their respective lenders
nearly ₹1.4 lakh crores. The number has
been steadily rising since the early part of
the current decade.
Split of Aggregate Outstanding Amounts of
Wilful Defaulters by Sector
The defaulters are spread across several sectors, with
manufacturing firms constituting the largest share
Characteristics of Wilful Defaulters
Wilful defaulters tend to be more opaque than both non-
defaulters and firms that default out of genuine distress
Promoters at the helm of wilfully defaulting firms pledge, on
average, almost 50 per cent of their shareholding to lenders
Wilful defaulters make large loans to related parties
Conclusion
Conclusion
While pro-business policies increase competition, correct market failures, or
enforce business accountability, pro-crony policies hurt markets
Pro-crony promote narrow business interests and may hurt social welfare
Crony businesses may lobby the
government to limit competition in their
industry, restrict imports of competing
goods or reduce regulatory oversight
Example for Pro-crony
Polices that make it easy to start a
business, register property, enforce
contracts, obtain credit, bid for natural
resources, thereby enable competitive
Example for Pro-business
Thank You!
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National economic survey 2019 20 series volume 1 chapter 3 - pro-business versus pro-crony

  • 1. Pro-Business versus Pro-Crony CA Divakar Vijayasarathy National Economic Survey 2019-2020 Volume I Chapter 3
  • 3. Legends Used in the Presentation CAG Comptroller and Auditor General RPT Related Party Transaction
  • 4. Presentation Schema Introduction Sensex Over the Years – Growth rate Relationship between Probusiness Policy and Creative Destruction Key Insights Difference between Pro-business and Pro- crony Policy Pro-crony and Wealth Destruction Related Party Transactions Wilful Defaulters Conclusion
  • 5. Introduction India’s aspirational vision depends fundamentally elevating pro-business policy that unleashes the power of competitive markets to generate wealth On the other hand India shall wean away from pro-crony policy that may favour specific private interests Economic events since 1991 provide powerful evidence supporting for moving away from pro-crony policy From the standpoint of Stock market, creative destruction has increased significantly after reforms Cronyism is the practice of partiality in awarding jobs and other advantages to friends or trusted colleagues Creative destruction is a process through which something new brings about the demise of whatever existed before it
  • 6. Sensex Over the Years – Growth rate After liberalisation in 1991, India unleashed its competitive markets From the stance of S&P BSE Sensex, it was noticeable an increase in market dynamism in the pro-business India of the post-liberalization period -Divided into 3 phases -Phase 1 from 1999 to 2007 saw an acceleration in growth with each successive 5000 points marks taking minimal time to achieve -Phase II from 2007 to 2014 saw a slowdown in index’s growth due to global slowdown in 2008 among other unfavourable events -Phase III from 2014 to current period saw a revival in response to structural reforms and improvement in global liquidity
  • 7. Relationship between Probusiness Policy and Creative Destruction The relationship between pro-business policy and creative destruction is mirrored in the composition of the Sensex over the years The lack of dynamism in the constitution of the index in its initial years was largely representative of the lack of dynamism in the Indian economy in general Percentage of Sensex constituents retained For the first ten years since the Sensex’s inception in 1986, the firms that constituted the index barely changed The firms that constituted the index during its inception in 1986, nearly all the firms were retained for the majority of the next decade The constituents of the Sensex of 1997 were steadily churned out over the next decade, so that the Sensex of 2006 had barely half the firms from the Sensex of 1997
  • 8. Contd. Pro-business policy, i.e. liberalization caused a spike in the number of firms churned in the years that immediately followed it, but the churn rate did not decline to pre-liberalization levels in later years For every five years, roughly one-third of the firms in the index are replaced Between 1986-95 only 5 firms exited the index If liberalization had not occurred, a firm that entered the index in 1986 could have expected to stay on the index for the next sixty years Post-liberalization the average duration of a firm spent on the index declined drastically Currently, a firm is expected to remain on the index for only 12 years (1/5th of the expected duration prior to the reforms) Increasing churn in the Sensex
  • 9. Revision of the Constituents of the Sensex Index in 1996 A monopolist taking the place of another identical monopolist is hardly beneficial In the Indian case, the Sensex does represent a process of creative destruction The firms that displaced the incumbents on the Sensex brought with them new ideas, technologies and processes New sectors like banks and financials entered the index for the first time, eroding the predominance of the manufacturing sector on the index, placing the services sector on the map for the first time, and reflecting the far reaching changes that the Indian economy was witnessing in the wake of liberalization
  • 10. Table Representing Revision of the constituents of the Sensex index in 1996 Exit Replacement Firm Industry Firm Industry (new in bold) Bharat Forge Materials Bajaj Auto Automobiles & Components GSFC Materials Ambuja Cements Materials Indian Organic Materials ICICI Diversified Financials Mukand Iron Materials MTNL Telecommunication Services Bombay Dyeing Consumer Durables & Apparel BHEL Capital Goods Century Textiles Consumer Durables & Apparel Colgate Household & Personal Products Indian Rayon Consumer Durables & Apparel IDBI Diversified Financials Phillips Consumer Durables & Apparel Ranbaxy Labs Pharma, Biotech & Life Sciences Voltas Consumer Durables & Apparel Tata Chemicals Materials Ceat Automobiles & Components BSES Utilities Hindustan Motors Automobiles & Components HPCL Energy Premier Auto Automobiles & Components SBI Banks Kirloskar Cummins Capital Goods IPCL Materials Siemens Pharma, Biotech & Life Sciences SAIL Materials
  • 11. Size of Various Sectors
  • 12. Size of Various Sectors in the Sensex In early 1990s Financials and Information technology were were virtually nonexistent in the Sensex by market capitalization In the current scenario, the sector is responsible for more than 50 per cent of the market share of the Sensex It is therefore incontrovertible that the churn in the Sensex represents a very real process of creative destruction that brought altogether new technologies, products and services to consumers New sectors emerged in the Sensex following liberalization
  • 13. Contd. India has followed an peculiar growth pattern, wherein the prime mover of the economy has shifted from agriculture to services Almost 60 per cent of Indian GDP is attributable to the services sector The no. of firms in manufacturing has reduced while those in services has increased between 1988 and 2019 In 1991, the largest firm on the index was roughly 100 times the smallest in terms of market capitalization. Ten years later, the ratio declined to roughly 75. In 2018, the ratio was only 12 The largest firm of 1991 constituted around 20% of the market capitalization of the Sensex, while the largest firm of 2019 contributed only 13%
  • 14. The rise of services in the Sensex Decreasing size concentration of firms in the Sensex
  • 15. Increasing Share of IT and Financials Sector in Total Market Capitalization of Sensex Increasing Share of IT and Financials Sector (By Count) in the Sensex
  • 16. Key Insights We can expect today’s dominant firms to remain dominant for only 1/5th of the time that their pre-liberalization counterparts did Sectors once considered mainstays of the Indian economy are being displaced by new sectors bringing with them new technologies and products The competitive advantage of entrenched firms is being rapidly challenged by new, smaller and more agile firms For every five years, roughly one in three firms in the Indian economy can expect to be challenged in a massive way by the forces of creative destruction The difference between the sizes of the largest and smallest firms are rapidly shrinking, and consequently monopoly power in the economy is declining and making way for more competitive markets Consumers benefit from an increased variety of goods and services, lower prices and incessant improvement in the quality of existing products
  • 17. Difference between Pro-business and Pro-crony Policy -Firms compete on a level playing field -Resource allocation in the economy is efficient -Citizens' welfare is maximized -Some incumbent firms may receive preferential treatment -Resource allocation in the economy may not be efficient -Citizens' welfare may not be maximized Pro-business Policy Pro-crony Policy
  • 18. Pro-crony and Wealth Destruction
  • 19. Pro-crony Policies and Wealth Destruction Pro-crony policies, in contrast to probusiness ones, erode wealth in the economy as cronyism fosters inefficiencies by inhibiting the process of creative destruction Prior to 2010, it clearly paid a firm and its shareholders if the firm’s promoters had “connections” The index of connected firms consistently outperformed the BSE 500 index The Comptroller and Auditor General’s report on the 2G allocations appears to have reversed the fortunes for connected firms The connected index started to underperform the market starting 2011 Investor wealth generated by connected firms before and after CAG report on the 2G scam
  • 21. Case Study of Coal Block Allocations The Act ensured that any future allocation of coal blocks would solely be through competitive auctions The Coal Mines (Special Provisions) Bill, 2014, and its subsequent rules, were passed in December 2014, and the Coal Mines (Special Provisions) Act, 2015, was included in the Indian mining legislative framework. On 24 September 2014, the Supreme Court of India cancelled 214 of the 218 allocations made by the Government of India over a span of 15 years. In August 2012, the CAG report on coal block allocations examined the effectiveness of the processes adopted in allocation of coal blocks. In July 1992, a screening committee was set up under the chairmanship of the Secretary of Coal to consider applications made by various companies interested in captive mining and to allocate coal blocks for development – on a discretionary basis Amendments introduced to the Coal Mines (Nationalisation) Act 1973 in June 1993 allowed private companies to carry out coal mining for captive use. Prior to 1993, no specific criteria for the allocation of captive mines existed.
  • 22. Use of Related Party Transactions in Discretionary Allotment of Natural Resources It was found evident that the form of coal block allocation has an impact on the value of Related Party Transactions (RPTs) engaged in by firms that are beneficiaries of the coal block allocation The graph depicts the comparison for RPTs under three heads -RPTs used for purchasing capital goods/ equipment from related parties are classified as Capital Purchases -Operational expenses paid to related parties are classified as Revenue expenses -Operational income from related parties are classified as Revenue income
  • 23. RPTs to Unlisted/ Foreign Entities and Tax Havens Unlisted/foreign entities are either individuals or unlisted domestic enterprises or enterprises incorporated in a foreign jurisdiction As such entities are harder for the domestic enforcement authorities to track, RPTs with such entities are likely to manifest for purposes of opacity Similarly, tax havens are charaterised by opaque disclosure regulations and hence serve as an ideal sink to tunnel corporate wealth away from other stakeholders
  • 25. Riskless Returns- The Case of Wilful Default The RBI defines wilful defaulter as a firm that has defaulted in meeting its repayment obligations even though it has the capacity to honour these obligations A particularly shocking form of riskless return is the phenomenon of wilful default – a classic case of a one-way gamble in which “heads, the promoter wins; tails, the lender loses” Wilful default occurs when firms take loans, divert the proceeds out of he firm for the personal benefit of owners, default on loans and declare bankruptcy, thereby expropriating stakeholders Every rupee lent to a willful defaulter constitutes an erosion of wealth As of 2018, wilful defaulters owed their respective lenders nearly Rs. 1.4 lakh crores
  • 26. Aggregate outstanding amount owed by wilful defaulters (₹crores) Defaulters owed their respective lenders nearly ₹1.4 lakh crores. The number has been steadily rising since the early part of the current decade.
  • 27. Split of Aggregate Outstanding Amounts of Wilful Defaulters by Sector The defaulters are spread across several sectors, with manufacturing firms constituting the largest share
  • 28. Characteristics of Wilful Defaulters Wilful defaulters tend to be more opaque than both non- defaulters and firms that default out of genuine distress Promoters at the helm of wilfully defaulting firms pledge, on average, almost 50 per cent of their shareholding to lenders Wilful defaulters make large loans to related parties
  • 30. Conclusion While pro-business policies increase competition, correct market failures, or enforce business accountability, pro-crony policies hurt markets Pro-crony promote narrow business interests and may hurt social welfare Crony businesses may lobby the government to limit competition in their industry, restrict imports of competing goods or reduce regulatory oversight Example for Pro-crony Polices that make it easy to start a business, register property, enforce contracts, obtain credit, bid for natural resources, thereby enable competitive Example for Pro-business
  • 31. Thank You! Scan the QR Code to Join our Research Group on WhatsApp Scan the QR Code to explore more Research from our Website DVS Advisors LLP India-Singapore-London-Dubai-Malaysia-Africa www.dvsca.com Copyrights © 2020 DVS Advisors LLP