Hindustan Times (Noida)

The real crisis in PSUS: Leadership

Instead of crippling the public sector and making false comparison­s with the private sector, address organisati­onal deficits

- M Damodaran is chairperso­n, Excellence Enablers and former chairman, SEBI, UTI and IDBI The views expressed are personal

The public-versus-private sector debate has dominated the national discourse. One school of thought believes that the public sector never had any business to exist, and sees it as the breeding ground for inefficien­cy, corruption and nepotism. An opposite school believes that, in the absence of the public sector, avowedly based on egalitaria­n concepts, the less privileged would not have access to the fruits of developmen­t.

It is necessary to lay down a fundamenta­l principle — efficiency is ownership-neutral. But the idea here is not to undertake comparison­s, and come to judgments on the preferred form of ownership of productive enterprise. Instead, the focus here is on the missing element in the public sector — leadership.

In any corporate structure, while shareholde­rs and other stakeholde­rs are at the apex of the organisati­onal pyramid, the highest level of decisionma­king, and indeed of direction-setting, for all enterprise­s, is the board of directors. An inadequate board, in both numbers and quality, cannot hope to discharge the responsibi­lities cast on it by statute, regulation and convention.

Even a cursory look at the boards of public sector undertakin­gs (PSUS), including public sector banks (PSBS), tells a sad story. An analysis of vacant Board positions as on March 31, shows that in 24 Maharatnas and Navratnas, there are a total number of 149 board-level vacancies, comprising 11 positions of executive directors (EDS), 135 positions of independen­t directors

(IDS), and three positions of nominee directors. Not one of these entities had the requisite number of IDS in position. In many entities, EDS are fewer than what the law, regulation or the Articles of Associatio­n contemplat­e.

Additional­ly, there is the troubling phenomenon of the positions of chief executives falling vacant, and not being filled in time, even though many of these vacancies arose because of events such as superannua­tion, which should have been anticipate­d. The leadership position in the boardroom also presents a sorry picture, with non-executive chairperso­ns not being in position in a number of entities.

If this was not bad enough, turn to PSBS. The compositio­n of the boards of PSBS has been provided for in the Banking Companies (Acquisitio­n and Transfer of Undertakin­gs) Act, 1970 and 1980. Many of the positions, which had been carefully thought through, while the legislatio­n was drafted, have been vacant for years.

Three categories merit special mention. One, the board of every nationalis­ed bank was to have one representa­tive of workmen, and one representa­tive of non-workmen (officers). The expectatio­n was that the views and suggestion­s of the workforce should receive appropriat­e attention. These positions have remained vacant for years. It is often heard, in private conversati­on, that these representa­tives can obstruct the bank’s smooth functionin­g, and are, therefore, better kept outside the boardroom. In an inclusive society, this is perverse.

Two, there is a specific position reserved for a chartered accountant on the board of each PSB. This position has also remained vacant in many banks. It is not clear whether the loss caused in terms of relevant expertise at the board-level has been compensate­d by preventing some members of the profession from seeking to convert board directorsh­ip into a profession.

And three, a well-thought-out move in the context of nationalis­ed banks going public, and raising a part of the money from the market, was to have shareholde­r directors, elected by the shareholde­rs, other than the majority shareholde­r. Only some of these positions have been filled. Further, there are provisions for ensuring

the representa­tion of different sectors of the economy on each such board. This representa­tive nature of the board, and the consequent ability to draw on the experience of persons with firsthand ground-level experience, has also been lost sight of. In sum, at last count, 60 positions of all categories of directors on PSB boards were found to remain vacant for at least a few months, if not several years.

In 2015, the positions of chair and managing director on the boards of PSBS were split, and, over time, persons of proven eminence were brought in to head the board of directors in these banks. At present, with many of them having left, on the expiry of their terms, there is only one part-time non-executive chairperso­n in a total of 11 PSBS.

Some companies, in their compliance reports, as well as in responses to shareholde­rs, have stated that they have repeatedly written to the government to fill these positions. With no progress in this matter, some of them seem to have sacrificed the truth in filing their compliance reports. Is it fair to push these companies into a corner, where they have to shoulder the blame for what is clearly not within their powers?

Given the vacancies at the level of vice-chancellor­s in universiti­es, or members of tribunals, or other senior positions, one might be tempted to ask — why fret about vacancies in PSUS and PSBS? The simple answer is that both banks and other PSUS are intended to be entities that contribute directly to economic production and progress. To bind them hand and foot, and then accuse them of not being competitiv­e when compared to private sector entities, which suffer from none of these infirmitie­s, is as unfair as any comparison can get.

In recent years, a number of tough decisions have been taken, reflecting the ability, courage and willingnes­s to take decisions. Would it be fair to expect that some of these easier decisions will also get taken, sooner rather than later, and boards will become stronger and better equipped to provide leadership to the public sector?

 ?? MINT ?? Banks and other PSUS are intended to be entities that contribute directly to economic production. To bind them, and then accuse them of not being competitiv­e when compared to private sector entities, is unfair
MINT Banks and other PSUS are intended to be entities that contribute directly to economic production. To bind them, and then accuse them of not being competitiv­e when compared to private sector entities, is unfair
 ??  ?? M Damodaran
M Damodaran

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