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21. Land Rights For Urban Slum Dwellers: A Review of the Odisha Land Rights to Slum Dwellers Act, 2017 and the Jaga Mission

Author:
Mugdha Mohapatra
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Theorists of economic development have emphasized the importance of clear, legally guaranteed property rights in ensuring economic development. Legally enforceable rights over land are thought of as a solution to incentivize investment in land, ensure optimal use of resources and create the conditions for market led-growth. Land rights (either through titling or restricted rights over land) have long been considered as a precondition for development because they increase access to formal credit. In the specific context of urban slum dwellers, the added benefit of land rights is that these rights can be used to ensure tenure security, help provide municipal services and other social benefits. Based on these presumptions in 2017, the Odisha Land Rights to Slum Dweller Act (OLRSDA) and the Odisha Municipal Corporation (Amendment) Act (OMC) were enacted. These enactments along with the implementation of the Odisha Liveable Habitat Mission, (also known as the JAGA mission) kickstarted a process of urban redevelopment. The policy measure of providing land rights to slum dwellers has been replicated in Punjab under the “BASERA” scheme and is under consideration in Himachal Pradesh. In this paper, I have analysed Odisha’s legislative and policy-based interventions to alleviate urban poverty through land rights. My key findings in this paper are as follows: (i) land rights under the OLRSDA are not sufficiently integrated within the existing legal framework and there exist several ambiguities. As a result, the land right granted cannot be used as an economic resource and offers limited increase in tenure security; (ii) land rights are beneficial yet insufficient to lead to the proposed goals of increasing access to municipal services and access to subsidies; (iii) government intervention is required at each stage of the slum redevelopment process to ensure the achievement of these goals.
Topic:
Urban, Land Rights, Economic Development, and Slums
Political Geography:
South Asia and India

22. 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

23. 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

24. 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

25. Frontline Workers and the Covid-19 Pandemic

Author:
Gokulnath Govindan
Publication Date:
07-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Covid-19 pandemic proved to be a global disaster that took countless lives, many of whom were frontline functionaries deployed to contain this crisis. As a result, the Indian state, unlike before, had to acknowledge the risk that accompanied their workers in this crisis. They promised them vaccination, health & life insurance, amongst other material benefits to protect, insure and motivate such cadres. The paper attempts to study these promises, in particular its vaccination and insurance policies, to better understand what it meant to be a frontline worker in this crisis. Did the Indian administration account for all at-risk workers and their context, or did they simply exclude many of them in their policies ? The essay, at its core, will answer this question as it examines the Indian state’s capacity to celebrate its frontline workers.
Topic:
Labor Issues, Crisis Management, Risk, and COVID-19
Political Geography:
South Asia and India

26. Debates on Administrative Reform in India: Transfers

Author:
Akila Ranganathan
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
India has a long history of periodic transfers of senior administrators. As the First Administrative Reforms Commission, 1969 (First ARC), notes, the practice of periodic transfers was historically devised with the view of preventing officials from acquiring personal influence in a manner that could harm or diminish the influence of the ruling political powers. Officers used to be rotated from their posts every 3 to 4 years. The First ARC declared such a system of periodic transfers to be “antiquated,” stating that “it [was] no longer necessary for the Government to be suspicious of its own employees” (1966, p. 110). The commission argued that frequent transfers also interfered with development work, which required officers to be closely associated with the programmes and communities that they were serving. Further, these transfers hamper the officers’ job satisfaction and sense of achievement. Thus, the First ARC laid down that periodic transfers should be exercised only where a post carried regulatory responsibilities; in any post involving development activities and programme management, transfers should be an exception. Despite these recommendations, transfers have remained an inexorable feature of the higher civil services in India. The Second Administrative Reforms Commission, 2008 (Second ARC), notes that “frequent transfers of civil servants continue to be one of the most vexatious governance problems still facing India” (p. 182). The Commission details that, between 1986 and 2006, 48–60% of the total strength of the IAS spent less than 1 year in their respective postings. The number of IAS officers who spent more than 3 years in their respective postings is consistently less than 10% of the total strength in that period. Similarly, another study of the bureaucracy has shown that, from 1980 to 2000, the average tenure of IAS officers at their posting was only 16 months (Iyer and Mani, 2012). This working paper provides an overview of the reform discourse on the process of transfers of higher civil services officers in India. An analysis of various reform committee reports since the 1980s, shows that transfers are associated with two broad attributes of the higher civil services: the effectiveness of administration and governance, and the insulation of civil servants from political interference. In addressing the issues around transfers, recommendations of reform committees have been aimed at enhancing the former and restoring the latter. These recommendations include monetary benefits, fixation of a minimum tenure for officers, and the establishment of an independent body to oversee transfers.
Topic:
Reform, Civil Servants, Personnel, and Administration
Political Geography:
South Asia and India

27. Debates on Administrative Reform in India: Expertise

Author:
Karnamadakala Rahul Sharma, Aditya Unnikrishnan, and Sonakshi Sharma
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Historical accounts show that the education and training of the colonial civil servant was purposely made non-specialised. Autobiographical narratives of ICS officers who received their training at Halieybury (England), reveal that the quality of education was low and students were tested on their knowledge of languages such as Persian and Sanskrit, which had little practical use once they arrived in India. After the Service was made merit-based in 1853, officer training included more practical aspects such as attending court proceedings and writing reports, however, it did not involve in-depth specialisation in any one field. The non-specialised character of training and the expertise gained, were well suited to the nature of the polity that required district officials to hold multiple portfolios. Earl Cornwallis, the third Governor General of Bengal who is credited with making extensive changes in the civil service from 1793 to 1859, tried to differentiate the judicial and supervisory functions for land revenue assessment and collection. He created the office of the District Collector as a supervisory role to oversee collection of revenue from landholders, whereas the administration of law was to be the responsibility of a civil judge and magistrate. However, after the annexation of Awadh and the territorial expansion of the company, it proved impossible for a District Collector to separate their judicial and supervisory functions, particularly in the newly acquired territories (Cohn, 1987, p. 509). The Indian Administrative Service (IAS) we have today inherited this generalist notion of the civil servant from its predecessor, the ICS. Post-independence, even though different services were created to undertake specific responsibilities, the imagination of the expertise of the IAS officer continues to be organised around the principles of the colonial civil service. This has led many to argue that the skills and knowledge of the IAS were unsuited to the nature of polity and demands of governance (Administrative Reforms Commission, 1969). More than fifty years later, the same tension concerning the personnel involved in governance and the skills/ knowledge required for these roles persists. As a result, two fundamental questions are central to the debates on expertise in the country’s government. First: What kind of knowledge and expertise is most useful for administrators? This debate has frequently been framed as a choice between generalists and specialists. And second: How can this expertise be embedded in administration, particularly at senior levels? Two kinds of solutions dominate this discourse, one where internal mechanisms are restructured to make best use of existing internal talent (via domain assignment) and the other involving the recruitment of external experts (via lateral entry). This working paper delves into the detailed discussion on these two questions by reviewing the First and Second Administrative Reforms Commissions (ARC), Central Pay Commission Reports, the Surinder Nath Committee report, Sarkaria Commission report, NITI Three Year Action Agenda and Parliamentary Standing Committee reports. The first section of the working paper attempts to present a discursive overview of the generalist-specialist binary. The next two sections, on Domain Assignment and Lateral Entry respectively, explain the dominant approaches that have been considered to address the expertise problem. 2. Generalists vs Specialists: origins and tensions As with any job, there is consensus within the reform discourse that bureaucrats must display a high degree of ability and expertise. However, there are opposing views on what constitutes this expertise at the highest levels of the bureaucracy. These differences have frequently been expressed in the language of ‘generalists’ and ‘specialists’ partially as a result of the structure of India’s Civil Service which consists of generalist and specialist services as described in the next sub-section. The next two subsections throw light on the evolution of reform thinking on the kind of expertise needed—from narrow technical knowledge to domain competence, and eventually towards a more complex understanding that expertise is gained on the job that cannot be achieved through appropriate training alone. In the timeline on page 6, we present the sequence of events and reports of the last few decades that we consider salient for understanding the debate on generalist versus specialist roles. The timeline offers a bird’s eye view of reform trajectory when read alongside the detailed information provided in the following sections.
Topic:
History, Reform, Colonialism, and Administration
Political Geography:
South Asia and India

28. Debates on Administrative Reform in India: Performance Management

Author:
Aditya Unnikrishnan, Sonakshi Sharma, and Karnamadakala Rahul Sharma
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In the early nineteenth century, a civil servant employed by the English East India Company had a considerable amount of autonomy. On the one hand, their actions could be questioned at the following levels: regional, provincial, at the Presidency, in London at the Court of Directors, the Board of Control and ultimately at parliament. However, as historians have noted, “given the difficulties of communication and the sheer bulk of information and correspondence which had to pass between India and London, it often took two or three years for matters originating in a district to be commented on in London” (Cohn, 1987, p. 512). In such a scenario, monitoring and measuring the performance of civil servants was particularly challenging. Accounts of civil servants have not yet been analysed to understand on what basis they were picked for promotion by their superiors or the Governor General. This changed postindependence, when clear processes were put in place for measuring performance, and performance appraisals were at the core of this shift. Measuring, reporting, and rewarding performance appropriately are critical for motivating and developing people’s capabilities across organisations and professions. In the public sector, for example, a recent survey of 23,000 civil servants in Africa, Asia, Eastern Europe and Latin America finds that “civil servants are more satisfied, committed and, at times, motivated to serve the public, work hard and perform, where they perceive that performance shapes their pay, promotion and job stability prospects” (Sahling et al., 2018, p. 36). However, measuring and rewarding performance in the public sector can be challenging because government employment often lacks the classic drivers and incentives that foster performance in other organisations. Employees in government and public sector organisations function in the absence of clear profit motives or market competition, which other organisations use to measure and reward performance (Moriarty & Kennedy, 2002). Government employees also have to contend with multiple ‘principals’, such as politicians, bureaucrats and the citizen population, each of whom have differing objectives. Measuring performance and linking it to multiple outcomes in such contexts can be complex (Pollitt, 1986). Finally, most civil service contracts have strong protections against dismissal, which severely limits the incentive tools available to managers in the private and nonprofit sectors (Esteve and Schuster, 2019). The design or assessment of performance appraisal systems in the public sector, therefore, need to consider these boundary conditions seriously. This working paper examines reforms related to the design of performance appraisals in the Indian Civil Services. Within the Indian government and especially senior administrative roles, performance appraisals have served as the primary tool by which employee performance is assessed and rewarded. This system, established in 1985, was meant to assess and rate officers annually against ex ante targets set at the beginning of the year (Surinder Nath Committee, 2002). By linking performance to career advancement, appraisals sought to motivate and incentivise better performance by government employees. Weaknesses in this appraisal process have, however, severely limited its impact on performance, requiring the government to undertake multiple reforms over the years.
Topic:
Reform, Management, Performance Evaluation, Civil Servants, and Administration
Political Geography:
South Asia and India

29. Debates on Administrative Reform in India: Training

Author:
Sonakshi Sharma, Aditya Unnikrishnan, and Karnamadakala Rahul Sharma
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Since Independence, the government’s approach to training the IAS has undergone a sea of change. The IAS has evolved “from being a postcolonial civil service… to one that is rooted in the empirical realities of a developing and resurgent India” (Kiran Aggarwal Committee, 2014, p.1). Training programmes for the IAS have shifted their focus from regulation to socioeconomic development in keeping with the new demands faced by governance and administration (Second Administrative Reforms Commission, 2008). In spite of these changes, there remain similarities with the colonial civil service. Like the ICS, the IAS is a high-functional generalist service tasked with handling a variety of responsibilities. Reform committees continue to express concerns that trainees do not attach adequate value to the training process (Second Administrative Reforms Commission, 2008). Training is still expected to create strong bonds between officers and establish a camaraderie. Most importantly, the central principle remains the same; a merit-based process is used to select young people with little or no experience in governance and place them in positions of great responsibility. This kind of system inevitably relies heavily on training to impart skills. Better training, both at the formative and mid-career stages, is expected to bridge the “wide chasm between public expectation and service delivery” (Kiran Aggarwal Committee, 2014, p. 3). For this reason, it is vital to examine the history of reform debates and conversations on the subject. Tracing the evolution of these reform threads will better equip us to analyse current and future reform measures by understanding which problems are being addressed and how. To this end, this working paper closely reads the following: the Administrative Reforms Commission (ARC) reports, Central Pay Commission (CPC) reports, and reports produced by reform commissions like the Alagh Committee, Kiran Aggarwal Committee, Hota Committee, Kothari Committee, Yugandhar Committee, VT Krishnamachari Committee and the Surinder Nath Committee. Apart from this, the working paper also draws on theNational Training Policy, 1996 and2012, and documents on Mission Karmayogi that reflect the government’s vision for IAS training. This paper begins with a short description of the current training format and the IAS ecosystem. This is followed by an analysis of the three streams that dominate reform thinking on IAS training: the strategy, structure and content of training; the role of and need for incentives in training programmes, and the institutional apparatus in place to operationalise training programmes.
Topic:
History, Reform, Colonialism, Training, Civil Servants, and Administration
Political Geography:
South Asia and India

30. Debates on Administrative Reform in India: Examinations and Recruitment

Author:
Archana Sivasubramanian
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Over the last 50 years, norms for recruitment in the Indian Civil Services have undergone several changes to reflect the needs of the administration, the aspirations of a democratic society and the changes in the country’s political economy. There were two developments that led to these changes. The first development is domestic in nature—reform committees were set up to examine the different features of the examination and the recruitment system for entry into the All India Civil Services. A reform committee setup under A.D. Gorwala in 1951, published independent India’s first report on public administration. Subsequent reform committees addressed several other aspects of the Civil Services examination system including educational qualifications, age for entry into the services, number of attempts and service allocation rules. The second, and a connected development is international in its scope and nature. Other Westminster democracies across the world were implementing new theories of public management—such as market-oriented reform of the Civil Services—and these developments advanced India’s thinking on reforms for its own Civil Services. Every reform committee has highlighted the importance of the recruitment exercise as a channel to draw people with merit into the services. Reforms were proposed to “weed out the dead wood” and professionalise the Civil Services in order to realise an efficient, incorrupt and a result-oriented bureaucracy (Alagh Committee, 2001, p. 35). This, the committees suggested, must be routed through the recruitment funnel by finding the ‘right type of persons’—candidates who can combine intellectual competence with a strong ethical value system and a positive public service orientation. An important objective of the recruitment system has been to also ensure that the Civil Services is more equal and representative and guarantees representation to historically underrepresented groups through recruitment quotas. However, some studies have argued that the recruitment pattern reveals a distinct upper caste, urban bias, stressing the need for corrective measures to democratise the Civil Services (Barik, 2004). Keeping this backdrop in mind, many debates pertinent to the recruitment and examination architecture have been held. On the surface, these debates appear to be procedural as they concern themselves with questions about age limits and number of attempts that applicants are eligible for. But a closer examination of the debates reveals that they are also fundamentally about questions of meritocracy and representation in the Civil Services. The Civil Services Examination (CSE ) is expected to allow for equal opportunity and representation of all castes and classes in the Services. In addition, meritocracy plays an important role in the design of this system, but there are discussions on the validity of this idea of merit itself. Examining some of these debates will serve as entry points for us to understand the examination and recruitment apparatus, a small but critical cog in the machinery of India’s bureaucracy. The main objective of this working paper on examinations and recruitment in the Civil Services is to trace the origins of these debates in order to contextualise the present through an understanding of the past. The focus of this working paper is only on the All India Civil Services, although equally interesting and meaningful, reforms in the State Civil Services institutions—like the Punjab government’s decision to mandate 33 percent reservation for women in direct recruitment for the Punjab Civil Services—have not been touched upon. There is a large volume of material to explore on the State Civil Services and we hope that this working paper lays the foundation for further studies in this regard. This working paper analyses various committee reports that were set up to reform the Civil Services. Most of the analyses are drawn from the Kothari Commission Report (1977), the Satish Chandra Committee Report (1989), the Alagh Committee Report (2001), the P. C. Hota Committee Report (2004) and the Second Administrative Reforms Commission Report (Second ARC) (2009). Figure 1 outlines a timeline of committees that have made important observations on the debates on examinations and selection. The committee reports reveal a discernible pattern—three key debates that have been found to recur over and over again: eligibility status, examination process and service allocation. These debates may not cover the entire gamut of arguments but have been addressed in this paper because of the importance given to them in the committee reports and their relevance to contemporary India. Overall, this working paper does three things: first, it synthesises the main ideas from the reform committee reports; second, through a discussion section, it highlights the normative principles that underpin the selection processes and third, it asks a few open-ended questions that warrant careful analysis, stakeholder conversations, and reflection.
Topic:
Reform, Recruitment, and Civil Services
Political Geography:
South Asia and India

31. The Data Story: Uttar Pradesh Elections 2022 – Phase 1

Author:
DataCommons @ CPR
Publication Date:
02-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In the first phase of the Uttar Pradesh elections of 2022, 58 assembly constituencies (ACs) will go to the polls. Polling will take place on 10 February, 2022. In this note, we first analyze and provide social context for the historical electoral trends across these 58 assembly constituencies. Second, in collaboration with Datalok, we provide a detailed analysis of polling booths from the 2017 state election. We show how the consolidation among Hindu voters in the aftermath of the 2013 Muzaffarnagar riots drastically shifted electoral outcomes in the region, and we describe how current politics may affect electoral outcomes in the 2022 election.
Topic:
Politics, Elections, Voting, and Data
Political Geography:
South Asia, India, and Uttar Pradesh

32. 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

33. Israel, help India fight COVID-19

Author:
Oshrit Birvadker
Publication Date:
04-2021
Content Type:
Working Paper
Institution:
Jerusalem Institute for Strategy and Security (JISS)
Abstract:
The world is watching India’s coronavirus catastrophe, and it could use any lifeline at this point. Israel could now help this Asiatic power overcome one of the most serious crises in its history.
Topic:
Diplomacy, International Cooperation, Public Health, Pandemic, and COVID-19
Political Geography:
Middle East, India, Israel, and Asia

34. Tangled Wires: Preparing India’s Power Sector for the Clean Energy Transition

Author:
Jonathan Kay
Publication Date:
08-2021
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Almost none of the world’s largest polluters have enacted policies compatible with the Paris Agreement’s target of limiting global warming to within 2 degrees Celsius, a threshold past which climate disruption is projected to become even more frequent, severe, and unpredictable. Fortunately, despite the absence of adequate government support, renewable energy has grown at an astonishing pace in recent years thanks to its plummeting cost. India, for example, has more than doubled its stock of wind and solar power in the last five years, driven less by sustainability concerns than by clean energy’s potential for cost-effectively meeting citizens’ pressing development needs. However, the low prices of wind and solar projects disguise the structural costs renewable energy poses for grids when deployed at larger scales. The intermittent, unpredictable nature of the electricity generated by such technologies—in contrast to the stable, on-demand flow of power from traditional fossil fuel generation—requires fundamental changes to how countries invest in and operate their grids. For India, one of the most important steps for coping with the variability of these new sources of energy will be better coordination of the flow of power between the country’s disparate state-run grids. By increasing the volume of energy traded between state utilities, periods of surplus power in one region can compensate for deficits in others, making for a more stable and reliable supply of renewable energy—one that can better displace expensive and polluting fossil fuels. Yet, while such reforms would be difficult under the best of circumstances, they will be particularly challenging given the unique dysfunctions of India’s power sector. With its politically compromised, perennially loss-making electricity distribution companies already struggling to keep the lights on, bolder change appears unlikely. Deeper reforms to India’s power sector are therefore prerequisites to adopting solutions like regional coordination that can ensure the continued growth of renewable energy. The good news is that Prime Minister Narendra Modi’s national popularity and the dominance of his Bharatiya Janata Party (BJP) at the state level offer the country’s leaders an opportunity to reform the power sector where others have failed. But to take advantage of this opening, Modi must go beyond his modus operandi by investing in incremental institutional solutions rather than one-and-done technical fixes and by serving as a coordinator for India’s states rather than legislating by central fiat. Deeper reforms enabling India to maintain its rapid expansion of renewable energy not only would provide clean, low-cost power to its people but also would help the world offset the failings of more laggard countries, perhaps even putting back within reach the Paris Agreement’s more aggressive target of keeping global warming to within 1.5 degrees Celsius. But the hardest part of this ambitious task lies ahead—in ending the vicious cycles that have plagued India’s power sector for decades.
Topic:
Climate Change, Pollution, Fossil Fuels, and Energy
Political Geography:
South Asia and India

35. Understanding the Encryption Debate in India

Author:
Anirudh Burman and Prateek Jha
Publication Date:
09-2021
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Encryption has become a contentious instrument for protecting the security and confidentiality of online communication. Rapid digitalization in the past decade has led to the proliferation of domestic and foreign online communication services that use encryption and, consequently, pose challenges to national security bodies and law enforcement agencies (LEAs). To address these challenges, the Indian government introduced new regulations in February 2021. These regulations require large social media platforms to enable traceability, or the ability to provide information concerning the originator of online communications. Technology companies and privacy activists have opposed such a move on the grounds that traceability would require the breaking of the end-to-end encryption used by many online communication platforms like WhatsApp and therefore would compromise the security of online communications on such platforms. This traceability requirement, however, is only the latest development in a drawn-out, contentious debate over the use of encryption. The contestation between maintaining higher degrees of online security and issuing new rules to grant technological exceptions for security agencies and LEAs is not specific to India. One of the first serious discussions on the issue took place in the United States in the 1990s, when public opposition warded off an early government attempt to sidestep encryption protections with a court order. In the past decade, the use of encryption has only grown more pronounced. The revelations that the United States’ National Security Agency was collecting vast amounts of communications data led to the introduction and increased adoption of end-to-end encryption for online communications. End-to-end encryption is now used widely by online communication platforms like WhatsApp, Signal, and Threema. Its use presents law enforcement and national security agencies with new challenges. Even though these agencies today have greater and easier access to more information than ever before, the absolute confidentiality provided by encrypted online communication platforms makes it harder for these agencies to engage in real-time surveillance to investigate crimes and identity wrongdoers. While some policymakers from India and other countries argue that encryption must only be weakened to solve specific problems, most experts agree that, as of today, there is no technological solution that would weaken encryption for specific law enforcement and national security purposes, while managing to maintain preexisting levels of security and confidentiality for general use. The introduction of any mechanism for specific access would, it is claimed, introduce both known and unknown vulnerabilities into these communications platforms. Such a mechanism would have a systemic effect on all online communication dependent on encryption for ensuring security and confidentiality. In India, these developments create challenges in specific ways. For example, India reports the highest number of child pornography cases worldwide, and encrypted communications makes it difficult to identify culpable parties. Similarly, as India has digitized rapidly, there has been a surfeit of fake and offensive online news that has, in some cases, led to mob lynchings. In addition, terrorist networks have been found to be using encrypted communication channels while planning and carrying out terrorist attacks in India. Over the years, the Indian government’s approach to encryption has responded to these concerns in a variety of ways. Indian financial regulators mandated the use of encryption for banking and financial services as they realized the security of such transactions was best protected through encryption. At the same time, the Indian government prohibited telecom operators from implementing bulk or mass encryption in telecommunication services. Starting in 2015, the government introduced different regulatory proposals requiring that messaging platforms and other communication service providers provide plaintext copies of communications to Indian government agencies on request. These proposals, however, faced significant opposition and were withdrawn. Earlier in 2021, the Indian government’s new rules requiring traceability have been officially notified. The mechanisms through which they will be implemented are not yet clear. It is also unclear if these rules are the last demands the Indian government will make to weaken encryption, or whether further demands will arise in the future. To weigh the relative benefits and drawbacks of the Indian government’s proposal, analysts should consider relevant factors such as (but not limited to) whether such changes will offer law enforcement officials the access they desire, how the security of encrypted communications will be affected, and how citizens’ civil liberties will be impacted, among others.
Topic:
Security, National Security, Science and Technology, Law Enforcement, Digitalization, and Encryption
Political Geography:
South Asia and India

36. India’s Fog of Misunderstanding Surrounding Nepal–China Relations

Author:
Vijay Gokhale
Publication Date:
10-2021
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
India’s postindependence ties with Nepal were predicated on the intimate cultural and historical links between the two countries. As India’s first prime minister, Jawaharlal Nehru, noted, “though Nepal was an independent country, it was very closely allied to India in culture and tradition and we did not look upon it as a foreign country.” New Delhi also regarded China as an “interloper” in Nepal in 1950 who threatened India’s security and interests in the region, ignoring at least a century of Sino-Nepali history centering around Tibet. This paper argues that New Delhi’s close relationship with Nepal, bound in history and culture, and the misperception about China’s relations with Nepal before 1950 have contributed to a skewed understanding of Sino-Nepali relations. The Working Paper looks at the impact that New Delhi’s misperceptions of Sino-Nepali relations, termed the “fog of misunderstanding,” has had in the context of the triangular relations between China, India, and Nepal. The paper is divided into four sections arranged chronologically. The first section looks at the historical Sino-Nepali relationship from the mid-eighteenth to the mid-twentieth centuries. It establishes that this early relationship was centered on Tibet. While the Gorkha kings of Nepal sought to preserve their trade privileges in the region, the Chinese were concerned about the security of their southwestern frontier. Notably though, Beijing’s concern with security does not appear to have extended into any desire to conquer Nepal. This section also touches upon British India’s policy toward Nepal in the nineteenth century, and the subsequent approach that the government of independent India took in the first few years, without an adequate appreciation of Kathmandu’s history with China. As a consequence, India developed a suspicious attitude toward Beijing’s desire to re-establish ties with Kathmandu after the Chinese Civil War, and shaped its policy toward Nepal with this factor in mind. The second section delves into Indian and Chinese policies toward Nepal in the period from 1955 until the end of the monarchy in 2008. It showcases how, during this long period, the three kings of Nepal sought to leverage their ties with China in order to maintain some semblance of balance and how China, in turn, followed a limited but strategic approach that was centered on the kings. The fog of misunderstanding continued to shroud India’s attitude to Nepal-China relations during this period and, consequently, India’s Nepal policy lacked a working template to manage relations with a smaller neighbor sandwiched between India and China in a way that would preserve New Delhi’s influence in a positive way. In contrast to China’s political approach, New Delhi fluctuated between the monarchy and an assortment of democratic political parties, suggestive of a provincial approach in New Delhi’s dealing with Kathmandu. As a result, China’s approach ensured that its main objective in Nepal, namely the security of its southwestern frontier, was secured with a relatively low-risk and low-cost strategy. The third section deals with the aftermath of the fall of the Nepali monarchy, 2008 to 2016. During this important period, New Delhi had a fresh opportunity to reset ties by providing the support to democratic forces in Nepal, that could have resulted in a transformation of the Indo-Nepali ties. However, India appeared to hew to its traditional policy. China, on the other hand, quickly built new ties with the post-monarchical dispensation. India’s perceived actions as a result of the adoption of the new constitution of Nepal plunged Indo-Nepali ties to a nadir. It seems to have pushed Kathmandu to strengthen its relationship with China. This section of the paper also outlines the changing nature of China’s policy and objectives in Nepal, especially in the second decade of the twenty-first century, and its possible implications on the future course of the triangular relationship, as well as for India-Nepal relations. It postulates that under President Xi Jinping, China’s policy toward Nepal has shifted from protecting its periphery to a broader goal of bringing Nepal under its strategic control. This section highlights the political and economic levers that Beijing is using to build a preeminent position in Nepal. The paper concludes with an assessment of options available to all three countries going forward, and India’s options in Nepal in the face of China’s new policy in the region. It suggests that a decisive reset in policy toward Nepal is required to restore healthy relations that are based on mutual respect and mutual sensitivity. New Delhi may need to re-orient its thinking toward Nepal in the context of triangular relations, including on the boundary issue and the 1950 Treaty of Peace and Friendship that have been long-standing irritants in the India-Nepal relationship. Nepal, for its part, should also reflect carefully on whether its leveraging of China might become counterproductive in the light of changing strategic balance in its vicinity, and the implications of giving up the policy of balance for one that tilts decisively toward Beijing. The paper concludes that there is sufficient scope and opportunity for course correction by India, and that through sustained efforts India may be able to preserve its influence and security in Nepal and counter China’s expanding footprint.
Topic:
Security, Foreign Policy, Bilateral Relations, and Geopolitics
Political Geography:
China, South Asia, India, Asia, and Nepal

37. South Korea Beyond Northeast Asia: How Seoul Is Deepening Ties With India and ASEAN

Author:
Kathryn Botto
Publication Date:
10-2021
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Under South Korean President Moon Jae-in and his administration, Seoul has undertaken its first unified diplomatic initiative aimed at advancing ties with India and the Association of Southeast Asian Nations (ASEAN). This initiative is known as the New Southern Policy (NSP). Though Moon’s efforts toward securing inter-Korean peace have received the most publicity, the NSP has arguably sustained more momentum than any of the administration’s other flagship foreign policy initiatives. Looking beyond South Korea’s relationships in Northeast Asia, it is also important to assess the NSP’s progress toward its goal to “elevate [South] Korea’s relations with ASEAN member states and India in the political, economic, social and cultural spheres, among others, to the same level [South] Korea maintains with the four major powers (the United States, China, Japan and Russia).”1 The NSP is an extension of South Korea’s need to diversify its economic and strategic relationships amid the uncertainty posed by competition between its closest ally, the United States, and largest trading partner, China. By elevating ties with India and Southeast Asia, particularly in the economic realm, Seoul hopes to insulate itself from the risks posed by trade and strategic friction between the two great powers. Moreover, it hopes to advance its middle power diplomacy and improve ties with India and Southeast Asia commensurate with their growing economic and strategic importance. Though India and ASEAN countries have strong ties to South Korea and share many of the same values and interests, they have not featured as prominently in Seoul’s diplomacy as major powers around the peninsula in the past. While it has clear logic behind it, the NSP’s implementation and outcomes so far are mixed. Of the policy’s three pillars—prosperity (economic cooperation), people (sociocultural cooperation), and peace (political and strategic cooperation)—the prosperity pillar has received the most emphasis. Under this pillar, South Korea has initiated new negotiations for free trade agreements and launched an official development assistance (ODA) strategy aimed at six NSP partner countries. However, cooperation with India has often lagged while cooperation with Vietnam has outpaced attention to most other ASEAN member states. The peace pillar, by contrast, has been relatively underdeveloped and focused mainly on nontraditional security issues while avoiding sensitive strategic issues confronting the region. This pillar showcases how South Korea’s concerns about Chinese influence both motivate and constrain the policy—though Seoul wants to diversify its economic portfolio and strategic partnerships to mitigate its reliance on China, it also must tread carefully to avoid retaliation from Beijing. Even so, while ASEAN, India, and South Korea share common interests on freedom of navigation in the South China Sea, stability in the Taiwan Strait, and denuclearization by North Korea, South Korea’s main security concerns revolve around Northeast Asia, while those of India and ASEAN do not. Seoul’s hierarchy of priorities in the security realm will continue to differ from that of its NSP partners, posing another obstacle to security cooperation. That said, the policy has made progress in strengthening South Korea’s diplomatic infrastructure and institutional apparatus to devote more attention to NSP partner countries, even in just four short years and after being disrupted by a global pandemic. Considering this short period, many of NSP’s projects will take time to show results. Even so, the broad and far-reaching policy has sometimes struggled to define its goals or unify its wide range of elements under a clear strategy. It would benefit from a more well-branded approach to India and Southeast Asia that highlights core projects under each pillar.2 To that end, the Moon administration should strive to evaluate the outcomes of the NSP in its final year in office. Although it is typically difficult to maintain continuity in foreign policy due to South Korean presidents’ limit to one five-year term, the geopolitical and economic imperatives driving the NSP will remain under a new administration in 2022. Given the staying power of these drivers and the continuously growing importance of India and Southeast Asia, South Korea’s next president will have every reason to keep emphasizing these regional partnerships as well.
Topic:
Foreign Policy, Diplomacy, Regional Integration, and ASEAN
Political Geography:
India, Asia, and South Korea

38. Navigating the Democracy-Security Dilemma in U.S. Foreign Policy: Lessons from Egypt, India, and Turkey

Author:
Thomas Carothers and Benjamin Press
Publication Date:
11-2021
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
As President Joe Biden and his team seek to put the defense of democracy and protection of human rights at the center of U.S. foreign policy, they confront the stubborn fact that the United States maintains cooperative security relations with a wide range of undemocratic or democratically backsliding governments. Powerful security interests, especially countering terrorist threats, maintaining stability in the Middle East, and managing competition with a rising China, underlie many of these partnerships. Such situations frequently give rise to a policy dilemma: confronting partner governments over their political shortcomings risks triggering hostility that would jeopardize the security benefits that such governments provide to Washington. Yet giving them a free pass on democracy and rights issues undercuts the credibility of U.S. appeals to values, bolstering the damaging perception that America only pushes for democracy against its adversaries or in strategically irrelevant countries. Already in the first year of Biden’s presidency, such tensions have emerged in relations with countries as diverse as Egypt, Hungary, India, the Philippines, Poland, Saudi Arabia, and Turkey. While the Biden administration has publicly and privately raised democracy and rights issues with various security partners, its cautious approach toward some of them has started to attract criticism from those who feel that near-term security interests have been too strongly prioritized compared to democracy and human rights concerns. This paper looks in depth at the democracy-security dilemma with a view to helping U.S. policymakers deal with it more systematically and effectively. Case studies of U.S. policy toward Egypt, India, and Turkey over the past twenty years highlight the complexity of the democracy-security dilemma. In Egypt, U.S. concerns with the country’s authoritarian politics have surfaced periodically over the years yet struggled to find a meaningful place in a relationship dominated by deeply rooted security cooperation, including extensive U.S. security assistance. In India, a strong U.S. push, warmly welcomed by Prime Minister Narendra Modi’s government, to further strengthen the U.S. -Indian security partnership has unfolded alongside a distinctly illiberal turn in Indian politics. By contrast, democratic decline in Turkey has coincided with—and contributed to—a major deterioration in Ankara’s relations with Washington, including significant divergence on a range of foreign policy issues.
Topic:
Security, Foreign Policy, and Democracy
Political Geography:
Turkey, India, Egypt, and United States of America

39. Engagement of External Powers in Africa: Takeaways for India

Author:
Rajiv Bhatia
Publication Date:
03-2021
Content Type:
Working Paper
Institution:
Gateway House: Indian Council on Global Relations
Abstract:
As multiple foreign powers compete in Africa, there is a need to understand the geopolitical landscape, and analyse the various policies, strategies and motivations of each country. Where lies India in this great strategic game? India has a unique relationship with the continent, with respect for equality, mutual benefit, and need-based assistance. By deepening India-Africa cooperation, bolstering economic relations and leveraging new digital, space and medical technologies, the relationship between India and the African nations can be better cemented, despite the global competition at play.
Topic:
International Relations, Foreign Policy, Geopolitics, Engagement, Strategic Competition, and Strategic Interests
Political Geography:
Africa, South Asia, and India

40. Digital Manufacturing in India

Author:
Amrut Godbole, Sagnik Chakraborty, and Manjeet Kripalani
Publication Date:
03-2021
Content Type:
Working Paper
Institution:
Gateway House: Indian Council on Global Relations
Abstract:
Covid-19 has accelerated the process of digital manufacturing, already under way globally, and in India. Companies that saw it as an option, now understand it as an imperative. Within India, digital adoption by companies has outpaced their global peers on several criteria including new business and workforce models. A rush of foreign investment into India’s digital space, will expand this trend. This is a significant shift for India, as Covid’s geopolitical and economic fallout is the realignment of supply chains, largely away from China. India, with its size, market and tech capability, is seen as an alternative site – though it has not been an immediate beneficiary. That has been Vietnam, with its Asian proximity and favourable regulatory environment. However, India is cognizant of the opportunity, and the government has enacted some enabling policies. In November 2020, the Production Linked Incentive scheme (PLI) was extended to over a dozen sectors in which India is already competitive, like pharmaceuticals, automobile, telecom, textiles, electronic tech consumer products. These subsidies encourage products to be made in India, for the home and export market. Just prior to this, in September 2020, the government addressed a core problem in India – labour. It replaced 29 old legislations by four, simplified labour codes, to modernize labour regulations. Meanwhile, those companies in India, largely Indian and foreign multinationals, already on the digital manufacturing path, used the year to fast-track their digital adoption.
Topic:
Science and Technology, Digital Economy, Leadership, and Manufacturing
Political Geography:
South Asia and India