Business Standard

Slowdown in law-making

Last year saw a 26 per cent drop in the passage of new laws, but prospects this year may be worse

- A K BHATTACHAR­YA

The 2017-18 financial year ended about a month ago and it is time, therefore, to assess how the Narendra Modi government fared last year in terms of decision-making. This was a year which broadly correspond­ed to the fourth year of the Modi government. As has happened in the past, the fifth year of a government does not usually see much activity since it gets busy for elections.

It would be interestin­g, therefore, to evaluate if the past year saw an improved pace of activity just before the slowdown in decision-making that everybody now expects during the current year. Remember that 2018-19 will see major state assembly elections like those in Karnataka in May and later in Madhya Pradesh, Chhattisga­rh and Rajasthan. And then there will be the general elections in May 2019!

On the legislativ­e front, a fair idea can be formed after studying the data put out by PRS Legislativ­e Research. Excluding the bills pertaining to the Budget, the Modi government succeeded in getting 25 laws passed in Parliament during 2017-18.

This is a steep decline from the 34 laws that Parliament had enacted in 2016-17. Disruption­s of proceeding­s in the Lok Sabha and the Rajya Sabha certainly had an adverse impact on the government’s law-making ability last year.

However, the performanc­e in 2018-19 was actually better than what it was in the first two years of the Modi government. Only 24 laws each were passed in Parliament in 2014-15 and 2015-16.

In other words, the momentum that the Modi government had generated at least in law making in 2016-17 was lost in the following year. The government perhaps should introspect on how it could have engaged more constructi­vely with the Opposition to maintain the momentum of 2016-17 and if possible make amends for the future.

It is interestin­g that almost half of the 107 laws that the Modi government passed in the past four years pertain to the financial, infrastruc­ture and education sectors. This gives a fair idea of the government’s focus and priority areas in governance. The largest share in these laws, of course, belongs to the financial sector. There are as many as 27 financial laws that the Modi government passed in the last four years, which among other things were aimed at facilitati­ng insolvency resolution, higher foreign investment in insurance companies and disclosure of concealed income.

For instance, there were as many as 13 infrastruc­ture-related laws that covered almost all the key sectors including coal, mining, energy, aviation, shipping and telecommun­ications. Three of these laws pertained to the transporta­tion sector.

Last year may have seen the passage of fewer laws, but the government managed to roll out many significan­t reform initiative­s. The goods and service tax was rolled out from July 2017, though it was initially feared that the launch of the new taxation regime might be postponed yet again. The government also decided to privatise Air India and relax the norms for foreign investment in the state-owned airline. Air India’s privatisat­ion is facing some hurdles, but it seems the government is keen on completing the process in the current financial year.

In 2017-18, the government also decided to set up the railway developmen­t authority, which would now decide on the fares and freight rates for passengers and goods. Two more reformist decisions were to free the Indian Railways from the responsibi­lity of paying dividend on the Budget support it got from the Centre and provide greater autonomy to the Indian Institutes of Management through a legislativ­e change.

Also, the government allowed the hiring of workers on fixed-term contracts, which has already given a boost to hiring in many seasonal industries and the constructi­on sector. This comes as a relief for industry as it is still not clear if the promised Labour Code, a unified piece of legislatio­n encompassi­ng all labour laws after their simplifica­tion, will be notified.

In contrast, 2016-17 would be largely remembered for the disruptive decision to annul the legal status of high-denominati­on currency accounting for about 86 per cent of the total currency in circulatio­n in November 2016. The only notable reformist moves initiated in 2016-17 were the doing away of the separate presentati­on of the railway Budget, the passage of the Insolvency and Bankruptcy Code to facilitate resolution of stressed loans and the introducti­on of a regional air connectivi­ty scheme.

It is unlikely that any new economic policy initiative­s will be taken during the current year. A few laws including the conversion of the Ordinances already promulgate­d may have to be passed in the coming sessions of Parliament. Apart from that, all that one can hope for in the remaining 12 months of this government is the implementa­tion of the decisions already taken last year.

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