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Begin New Search Topic Governance Political Geography India Content Type Working Paper Publishing Institution Centre for Policy Research, India Publication Year within 5 Years

1. India’s Regulatory Shift: An Examination of Five Agencies of the Post- Liberalisation Era

Author:
Arkaja Singh
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This paper explores the design of Indian regulatory agencies established post-liberalisation from an administrative perspective. Regulatory agencies were set up to replace state inefficiencies, and to discipline profligate state agencies, even as much as they were a response to state-market reorganisations and the challenge of privatization. Regulation provided an opportunity for upper levels of the Indian bureaucratic state to recast their power, with the idea that it would provide a framework for economic rationality, independence and technical specialization to take centre-stage. In actual practice however, the design of each of the regulatory agencies is shaped largely by pre-existing legal frameworks and institutions, and the agencies have remained quite tied in with their counterpart departments and on retired bureaucrats. However, in spite of these limitations, these agencies have some common features imbued by legislative mandate and organisational design which are unique in the context of the Indian state. They have focus and stability, a degree of functional independence, and most importantly, a concentration of power, which enables them to think through and implement complex policy transitions from multi-year and context-specific perspectives. The paper builds on learnings from a series of conversations with regulatory agency chairpersons in order to identify what regulatory governance is, in terms of the powers and mandate of the regulatory agencies and what makes them distinctive from the rest of public administration.
Topic:
Governance, Regulation, Liberalization, and Administration
Political Geography:
South Asia and India

2. The State of India’s Pollution Control Boards: Who has a seat at the table?

Author:
Arunesh Karkun, Sharon Mathew, Shibani Ghosh, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of these key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the first in the series – we focus on the Board composition. The Water Act1 and the Air Act2 prescribe up to fifteen members on the Board which is headed by a Chairperson and a Member Secretary. Who are these members and what are their qualifications? The laws require various constituencies to be represented: officials representing State Government departments, urban local bodies, and public sector corporations. Three members may be nominated to represent interests of agriculture, fishery, industry, trade or any other interest. The laws do not lay down the qualifications of these members, apart from the requirement under the Air Act that at least two persons on the board must have special knowledge or practical experience in the field of air quality management.
Topic:
Governance, Regulation, Legislation, and Pollution
Political Geography:
South Asia and India

3. The State of India’s Pollution Control Boards: Who is in the field?

Author:
Bhargav Krishna, Arunesh Karkun, Sharon Mathew, Prannv Dhawan, and Shibani Ghosh
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of the key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of their statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the third in the series – we focus on the technical capacity of the Boards, specifically the state of technical staff (engineers and scientists) employed by the Boards. The environmental engineers and scientists of an SPCB form the backbone of the institutional structure for pollution regulation. They carry out the fundamental task of the SPCBs, namely the review and grant of approvals under the environmental law regime. They evaluate applications from industries, conduct inspections or inquiries, collect and evaluate air and effluent samples, and issue approvals where applicable. Through their work, they provide the structural underpinnings to the “command and control” approach to pollution management. Several earlier reports have highlighted the significant staff constraints under which SPCBs function, highlighting in particular the high rate of vacancies among technical staff (1–3). In the context of a rapidly industrializing State, and an evolving environmental regulatory regime, there is a need for SPCBs to be appropriately skilled and staffed.
Topic:
Environment, Governance, Regulation, Pollution, and Personnel
Political Geography:
South Asia and India

4. The State of India’s Pollution Control Boards: Who is at the helm?

Author:
Shibani Ghosh, Sharon Mathew, Arunesh Karkun, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic Plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of the key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of their statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the second in the series – we focus on the Board leadership – the Chairperson and the Member Secretary. They play a crucial role in heading these agencies and ensuring their functioning is in accordance with the statutory mandate. Under the Water Act1 and the Air Act,2 important statutory functions of the Board are delegated to them, and they need to be qualified to perform these functions effectively. The Water Act and the Air Act provide limited guidance on the qualifications of persons who should hold these posts. The issue of who can lead a pollution control board has been discussed in several reports and government correspondence. Specific appointments to leadership positions in different states have been challenged in High Courts over the years. The most comprehensive judicial consideration of the issue was in a 2016 judgment of the National Green Tribunal (NGT).3 Although the final outcome of the NGT’s judgment was overturned by the Supreme Court, the Supreme Court shared the NGT’s anguish at the state of governance of these boards, and significantly, directed states to form rules or guidelines for the recruitment of qualified persons to these two posts.
Topic:
Governance, Regulation, Leadership, and Pollution
Political Geography:
South Asia and India

5. Submission to the Commission on Air Quality Management in NCR and Adjoining Areas (CAQM)

Author:
Shibani Ghosh, Bhargav Krishna, Navroz K. Dubash, Sharon Mathew, and Arunesh Karkun
Publication Date:
01-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The setting up of the Commission for Air Quality Management (CAQM) represents a significant milestone for air quality management in India. The Commission’s ability to perform its functions effectively and facilitate measures that will improve air quality in the NCR and adjoining areas for the long term will likely be impacted by several political, economic, technical, and social factors. In such a scenario, it is essential that the Commission enjoys sustained public trust as being non- partisan as well as a technically sound and socially sensitive body. The CAQM’s mandate is a statutory expression of the fundamental right of Indians to breathe air that is not harmful to their health. Its functioning should therefore reflect an inclusive and participative approach that allows citizens to claim and protect their right and prevent its encroachment when possible. At the Initiative on Climate, Energy and Environment (ICEE) at the Centre for Policy Research (CPR), we have been closely studying the functioning of various environmental regulators, and for the past four years have been working specifically in the area of air quality regulation and governance. Based on our research, we have identified five broad themes for the Commission to consider as it implements its statutory mandate: taking a holistic, long-term regional approach; tracking progress of NCAP implementation; ensuring transparency through proactive disclosure and timely reporting; developing enforcement protocols and grievance redressal mechanisms; and encouraging informed public consultation. We also suggest specific action points as illustrations under each of these themes.
Topic:
Environment, Governance, Regulation, Pollution, and Air Pollution
Political Geography:
South Asia and India

6. Airing Differences? Reading the Political Narrative on Air Quality Management in India

Author:
Santosh Harish, Mandakini Chandra, and Sahithi Uppalapati
Publication Date:
11-2021
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Air pollution exposure is a year-round, nation-wide public health crisis in India. This paper presents a careful reading of nearly eleven hours of discussions on air pollution that took place in the upper and lower Houses of Parliament in November 2019. The discussions provide unique insight into the emerging political narrative around air quality governance in India. The parliamentarians constructed an overly peak-oriented and Delhi-centric view of the problem. Contrary to the long-held scepticism of the environment ministry, parliamentarians across political parties cited global evidence on the adverse health impacts of air pollution exposure, especially on children. In addition, they drew on themes like intergenerational responsibility, equity, and Indian cultural heritage while signaling the need to act with urgency. As the discussions were dominated by crop residue burning, the Delhi government received significant criticism for blaming farmers, and parliamentarians across the board expressed solidarity with farmers as they proposed various alternative interventions to penalties. Legislators highlighted a variety of institutional, legal, and financial opportunities to strengthen Indian air quality governance, but demonstrated relatively limited engagement with the nuances of sectoral mitigation measures. Reflecting on an issue of growing political salience in India, this paper also offers insight into significant developments and gaps in the political discourse on air pollution in the two years since these discussions, and into the present day.
Topic:
Governance, Crisis Management, Public Health, and Air Pollution
Political Geography:
South Asia and India

7. Can the Revenue Department Remain Urban Agnostic in India?

Author:
Aparna Das, Anindita Mukherjee, and Baisakhi Sarkar Dhar
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The spatial morphology of Indian cities mirrors a disconnect between the urban statutory spatial plans and Revenue records. The Revenue Department instituted during the colonial times had an overarching mandate to collect land taxes and, till today, is referred to as the "custodian of the land." This was a key institution that prepared robust cadastre maps to support the revenue collection. Post-independence, these spatial records are not updated. The institutional disconnect between the Revenue and Registration departments and Urban Land Administration Institutions in the urban and peri-urban areas coupled with poor land records affect the overall confidence in the land administration system. This further limit the nurturing of a robust land market. Taking two land titling programmes: JAGA mission, Odisha, and LIFE mission, Kerala, this paper argues that to achieve the full potential of such land titling programmes, the role of the Revenue and Registration Departments need to be reimagined.
Topic:
Governance, Urban, Resilience, and Revenue Management
Political Geography:
South Asia and India

8. Study of State Finances 2020-21 (Provisional)

Author:
Avani Kapur, Sharad Pandey, U Ranjan, and Vastav Irava
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The ‘Study of State Finances 2020-21’ Working Paper delves into the revenue and expenditure performance of 17 States. As the COVID-19 pandemic tightens its grip, this timely analysis offers a unique window into the fiscal space available with States prior to the lockdown. This information is critical at a time when they are expected to craft adequate social protection responses and restart their economies.
Topic:
Economics, Governance, Finance, and COVID-19
Political Geography:
South Asia and India

9. Comments on the Draft Electricity (Amendment) Bill, 2020

Author:
Ashwini K. Swain, Parth Bhatia, Ira Sharma, Prasanna Sarada Das, and Navroz K. Dubash
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The draft Electricity (Amendment) Bill, 2020, released on April 17, 2020, is an improvement from its predecessors. It has dropped some significant proposals that were resisted and has added new provisions. Are these reform proposals adequate and appropriate to address India’s long-standing electricity challenges? Are these prescriptions based on a proper diagnosis of current trends and future challenges? How will these reforms proposals affect India’s ongoing transition to 21st century electricity? While we appreciate the endeavours and intent, in our comments we focus on some serious concerns the draft raises, vital gaps and issues that need serious consideration.
Topic:
Energy Policy, Governance, Legislation, Electricity, Public Service, and Utilities
Political Geography:
South Asia and India

10. Comments on the Draft EIA Notification 2020

Author:
Shibani Ghosh
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Ministry of Environment, Forest and Climate Change has proposed a new notification to supersede the Environment Impact Assessment (EIA) Notification 2006 that is currently in force. The Ministry has sought comments from the public on this draft EIA Notification 2020. Shibani Ghosh, Fellow, CPR, in her comments to the Ministry has highlighted that there is a crying need to overhaul the EIA Notification 2006 and the regulatory framework built around it – not only to address its various inherent weaknesses that have been identified over the years, but also to put in place systems and processes that respond to the steadily degrading environmental quality in the country. However, the draft EIA Notification 2020 fails to do so. According to Ghosh, in its current form, the draft Notification is legally untenable as it does not conform to its parent Act – the Environment (Protection) Act 1986, and is in the teeth of various judgments of the Supreme Court, High Courts and the National Green Tribunal. It dilutes the already weak processes of environmental impact assessment, expert scrutiny and public consultation, and wrongly condones violations and illegalities. The comments are divided into two sections. Section I discusses four specific reasons why the draft notification is legally untenable and Section II highlights five major concerns that arise from the proposed regulatory design.
Topic:
Environment, Governance, and Judiciary
Political Geography:
South Asia and India

11. Hunger, COVID-19 and The Indian Administrative State

Author:
Arkaja Singh
Publication Date:
10-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
COVID-19 produced an acute and widespread crisis of hunger across India, which was felt most acutely by migrant workers and those who were outside the reach of India’s highly organised but rigid Public Distribution System (PDS). The hunger was incidental to the actual disease itself, but severe enough to be considered a crisis of governance on its own as it brought the Indian state face-t0-face with one of its oldest and most enduring challenges: how to ensure that essential supplies of food reach those in need of it? Could the Indian government simply have ‘universalised’ the PDS, and made it accessible to all? It was pointed out that the Indian state had adequate buffer stocks of food grain to make this feasible. However, for reasons that were never articulated, this option was never seriously considered by the government of India. Instead, governments tried to extend the reach of the PDS delivery mechanism, and to devise ways to deliver relief outside of the PDS framework. These strategies were however quite challenging for the risk-averse, (nominally) rule-bound Indian state that is disinclined to allow for discretion in spending of government funds, making purchases and allocation of largesse. Typically, the Indian state is all the more reluctant to delegate power to exercise discretion to lower levels of government. For this reason, the Indian state governments (who were at the frontline of this response) seemed to need to devise a framework of rules for the identification of beneficiaries, even in the middle of a humanitarian crisis. As a related problem, the states also did not necessarily have the organisational wherewithal to take up rapid, decentralised and locally grounded interventions. The organisational wherewithal, so to speak, could come in various forms. Some examples of this, which we saw at play, were decentralised government, the capacity to make non-state collaborations and institutionalised systems for the ‘continuous updating’ of beneficiary lists. More fundamentally, however, what is needed is the capacity for high levels of government to be able to formulate responsive policy and to be able to trust in the ability of their subordinate ranks to carry out new interventions, often in case-specific and individualised ways. Arkaja Singh’s working paper explores these issues in the context of state response to the COVID hunger crisis in the states of Delhi, Kerala, Bihar, Madhya Pradesh and Haryana,
Topic:
Governance, Food Security, Hunger, and COVID-19
Political Geography:
South Asia and India

12. Evaluating Recent Proposals to Reform the Power Sector in India

Author:
Deepak Sanan and Sanjay Mitra
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Reforms designed to address core issues and their sequencing and timing would be critical to ensure the eventual success of the latest initiatives in the power sector. Lessons from the experience of earlier sectoral reform programmes and recommendations regarding the general architecture of central interventions, would need to be taken on board. Through a simple scenario building exercise, this paper concludes that the parlous financial position of the distribution utilities after lockdown requires that “reforms” follow “recovery”. The concurrent roll out of stringent reform measures on several fronts during a period of severe financial stress could seriously impair the prospects of a viable power sector in the near future. This, in turn, will not only hamper our planned promotion of renewables-based electricity but act as a brake on the entire process of economic recovery.
Topic:
Economics, Energy Policy, Governance, and Reform
Political Geography:
South Asia and India

13. PROPERTY AND SOVEREIGNTY: Creating, Destroying, and Resurrecting Property Rights in British India (1600-1800)

Author:
Namita Wahi
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This paper, the first in a series of three papers, constitutes the first systematic legal attempt since the late nineteenth century to describe the changing configuration of property rights of zamindars (landlords) and ryots or raiyats (peasants) relative to the English East India Company in colonial India over a period of two hundred years from 1600 to 1800. This period begins with the Company’s first arrival in India to the court of the Mughal Emperor Jehangir in 1600 as merely a trading company. It ends with the introduction of the Permanent Settlement in Bengal by Lord Cornwallis, the Governor General of Bengal in 1793, pursuant to the Company’s exercise of sovereign authority over the provinces of Bengal, Bihar, and Orissa. As described in the paper, during this period of great political upheaval, scandal, and intrigue, as the East India Company gradually transitioned from a monopoly trading company to a conquering and then an administering power, Company officials, including the Governor General, and later the Supreme Council of Bengal, created, destroyed, and resurrected property rights of landlords and tenant cultivators. Following a series of experiments with land revenue administration and the lives of zamindars and raiyats, with the sole objective of maximising revenue for the East India Company, Lord Cornwallis introduced the Permanent Settlement of Land Revenue in 1793, which completely destroyed the rights of peasant cultivators in favour of zamindars, and wreaked great injustice and misery upon the people of Bengal. It would take nearly seventy years for British government to begin to reverse this injustice through tenancy protection legislation enacted in 1859, and this reversal in law would only be completed following land reforms introduced by provincial governments post India’s independence in 1947. These later developments will be the subject of the next two papers in this series.
Topic:
Sovereignty, History, Governance, and Property
Political Geography:
United Kingdom, South Asia, and India

14. Informality and State ‘Jugaad’: How urban governance works in India

Author:
Shahana Chattaraj
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
How does the state govern cities where much of the economy is informal, on the margins of state regulatory institutions? In this paper, I draw on field research in Mumbai to a present an empirically-based conceptualization of the workings of the state in cities where’ informality is a pervasive feature of work and built environment.’ I draw on the popular notion of ‘jugaad,’- makeshift adaptations, workarounds and improvisation under constraints, to describe the state in Mumbai. ‘Jugaad’ practices and strategies of governance – adaptive, flexible, negotiated and contingent - are routinely applied by state actors at different levels in Mumbai, in spaces “illegible” to formal state institutions. ‘Jugaad’ governance practices are not arbitrary or merely corrupt, but rational, if ad hoc and extra-legal, adaptations around formal rules. These processes embed state actors in local power structures and crosscutting networks that span state, market and political organisations. While they enable the state to apprehend and partially incorporate the city’s informal spaces, they dissipate centralised state power and cohesiveness . The ‘jugaad’ state concept encapsulates how the formal and informal workings of the state interact and shape urban governance in largely informal cities. It draws attention to tensions and disjunctions within the state and in state-society relations in such contexts.
Topic:
Infrastructure, Governance, Social Policy, State, and Urban
Political Geography:
South Asia, India, and Asia