Very good: The Insolvency and Bankruptcy Code, 2016
Possibly the most successful of the reforms enacted by the Modi government, this law allows defaulting companies to be auctioned off quickly and transparently. Many of the large Indian conglomerates with political nexus get credit from state-owned banks without undergoing the necessary due diligence. As the economy slowed, weak fundamentals and leaky governance pushed many of these companies into non-performing loans. The volume of bad loans has nearly doubled in the past four years and amounts to about $210 billion or 11.2% of all advances. India's bad debt ratio is the second highest among G20 countries after Italy. The new law has pushed about $52 billion of non-performing assets into bankruptcy processing. This has boosted the mergers and acquisitions market, which hit a record of $104.5 billion by September 2018. Releasing precious capital into the market and strengthening the corporate governance structure, this is one reform that has structurally altered the Indian business landscape.
Good: Goods and Services Tax
In discussion since 2006, the national Goods and Services Tax (GST) was meant to replace at least 15 different tax codes at the central and state level and was blocked by the BJP when in opposition. The GST was a much-awaited step as the World Bank rated India 172 out of 190 countries in ease of paying taxes. Simplifying the byzantine tax system in a federally regulated country like India is a nightmarish exercise. The GST council is chaired by the union finance minister and has state ministers of finance and taxes as members; it also sets the tax slabs for various goods and services. It is one of the rare federal, consultative formats that seem to be working beyond political boundaries.
After a decade, the time frame, which allowed six weeks to implement such a complex law without a pilot, was neither fair nor expedient. In a country where 75% of enterprises have less than 10 employees and where 85% of small firms operate in the unorganized sector with no compliance capacity, the cold start without any transition period was a blow to many, who could not cope with it. There are still five tax slabs from 5% to 28% and the allotment of slabs to goods is a political and arbitrary issue. For example, air-conditioned restaurants had a tax rate of 18% and non-air-conditioned ones 12%, which the GST council reduced to 5%. But if the restaurant is within a hotel that charges more than 7,500 rupees a night on its rooms, then the tax is 18%! When one also considers the unstable IT backbone, filing correct tax returns and waiting for tax refunds becomes unmanageable for small players.
The registered tax base has increased from 6.4 million to 11.2 million companies. The tax compliance rate has increased from 57% in 2017 to 65% in 2018. The monthly tax collection of 940 billion rupees is more than the 2017 average of 890 billion, but below the 1,040 billion targeted by the government. All in all, this much-needed reform is headed in the right direction. However, the haste and the arbitrariness make it less of the potential game changer it could have been.
Poor: Demonetization
Haste and arbitrariness were also the hallmarks of the hare-brained idea which made 84% of the currency in circulation invalid in November 2016. The reasons given for the move were fighting “black money” (non-taxed wealth), corruption and illegal political contributions. Against the predicted estimate of about 12 trillion rupees, 15.28 trillion of the 15.44 trillion (99.3%) of the country’s cash was returned to the banks; the wealthy either managed to launder their cash into banks or held it in non-cash or non-rupee currencies. Demonetization shaved off an estimated 1.5% of GDP growth (2.25 trillion rupees), cost the Reserve Bank of India 130 billion for printing new currency and led to 1.5 million lost jobs (according to the Centre for Monitoring of the Indian Economy). Moreover, 105 people lost their lives in the rush for cash. Promoting digital payments was an add-on argument to demonetization. However, despite the continuing growth in digital transactions, the data on ATM cash withdrawals post demonetization and cash in circulation suggest the cash transactions level has returned to where it was. As to fighting corruption, economic offenders like Vijay Mallaya and Nirav Modi, who cheated the state-owned banks of billions of dollars, managed to leave the country and now live freely in the UK.
Politically, however, it has paid dividends to the BJP as Modi was seen to be fighting ill-begotten wealth. Consequently, the 200-million-strong electorate in Uttar Pradesh rewarded the party with a handsome victory in the regional elections following demonetization.