Recently, the Kelkar Committee published a roadmap for fiscal consolidation.  The report stresses the need and urgency to address India’s fiscal deficit.  A high fiscal deficit – the excess of government expenditure over receipts – can be problematic for many reasons.  The fiscal deficit is financed by government borrowing; increased borrowing can crowd out funds available for private investment. High government spending can also lead to a rise in price levels.  A full PRS summary of the report can be found here. Recent fiscal trends Last year (2011-12), the central government posted a fiscal deficit of 5.8% (of GDP), significantly higher than the targeted 4.6%.  This is in stark contrast to five years ago in 2007-08, when after embarking on a path of fiscal consolidation the government’s fiscal deficit had shrunk to a 30 year low of 2.5%. In 2008-09, a combination of the Sixth Pay Commission, farmers’ debt waiver and a crisis-driven stimulus led to the deficit rising to 6% and it has not returned to those levels since.  As of August this year, government accounts reveal a fiscal deficit of Rs 3,37,538 crore which is 65.7% of the targeted deficit with seven months to go in the fiscal year.   With growth slowing this year, the committee expects tax receipts to fall short of expectations significantly and expenditure to overshoot budget estimates, leaving the economy on the edge of a “fiscal precipice”.

Figure 1 (source: RBI)

 

  Committee recommendations - expenditure To tackle the deficit on the expenditure side, the committee wants to ease the subsidy burden.  Subsidy expenditure, as a percentage of GDP, has crept up in the last two years (see Figure 2) and the committee expects it to reach 2.6% of GDP in 2012-13.  In response, the committee calls for an immediate increase in the price of diesel, kerosene and LPG.  The committee also recommends phasing out the subsidy on diesel and LPG by 2014-15.   Initial reports suggest that the government may not support this phasing out of subsidies.

Figure 2 (source: RBI, Union Budget documents, PRS)

 

  For the fertiliser subsidy, the committee recommends implementing the Department of Fertilisers proposal of a 10% price increase on urea.  Last week , the government raised the price of urea by Rs 50 per tonne (a 0.9% increase). Finally, the committee explains the rising food subsidy expenditure as a mismatch between the issue price and the minimum support price and wants this to be addressed. Committee recommendations - receipts Rising subsidies have not been matched by a significant increase in receipts through taxation: gross tax revenue as a percentage of GDP has remained around 10% of GDP (see Figure 3). The committee seeks to improve collections in both direct and indirect taxes via better tax administration.  Over the last decade, income from direct taxes – the tax on income – has emerged as the biggest contributor to the Indian exchequer.  The committee feels that the pending Direct Tax Code Bill would result in significant losses and should be reviewed. To boost income from indirect taxes – the tax on goods and services – the committee wants the proposed Goods and Service Tax regime to be implemented as soon as possible.

Figure 3 (source: RBI)

 

  Increasing disinvestment, the process of selling government stake in public enterprises, is another proposal to boost receipts. India has failed to meet the disinvestment estimate set out in the Budget in the last two years (Figure 4).  The committee believes introducing new channels [1.  The committee suggests introducing a ‘call option model’. This is a mechanism allowing  the government to offer for sale multiple securities over a period of time till disinvestment targets are achieved.  Investors would have the option to purchase securities at the cost of a premium.  They also propose introducing ‘exchange traded funds’ which would comprise all listed securities of Central Public Sector Enterprises and would provide investors with the benefits of diversification, low cost access and flexibility.] for disinvestment would ensure that disinvestment receipts would meet this year’s target of Rs 30,000 crore.

Figure 4 (source: Union Budget documents, PRS)

 

  Taken together, these policy changes, the committee believe would significantly improve India’s fiscal health and boost growth.  Their final projections for 2012-13, in both a reform and no reform scenario, and the medium term (2013-14 and 2014-15) are presented in the table below: [table id=2 /]  


There are indications that the Lok Pal Bill, 2011 is likely to be taken up for consideration and passing during the current Winter session of Parliament.  The Bill was introduced on Aug 4, 2011 in the Lok Sabha after a prolonged agitation led by Anna Hazare (see PRS analysis of the Bill).  It was referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (see PRS note on Committee Systems).  The Committee submitted its report on December 9, 2011.  The report includes 10 dissent notes from 17 MPs. (a)    Kirti Azad, Bal Apte, D.B. Chandre Gowda, Harin Pathak, Arjun Ram Meghwal, and Madhusudan Yadav. (b)   Ram Jethmalani (c)    Ram Vilas Paswan (d)   Shailendra Kumar (e)    Prasanta Kumar Majumdar (f)     Pinaki Misra (g)    A. Sampath (h)    S. Semmalai (i)      Meenakshi Natrajan, P.T. Thomas, and Deepa Dasmunshi (j)     Vijay Bahadur Singh Presently, the government and the Opposition are in the process of formulating their stands on various key issues such as inclusion of the Prime Minister, the lower bureaucracy and the role of the Central Investigation Bureau.  We provide a broad overview of the views of the members of the Committee on various key issues. Unanimity on issues On some issues, there was unanimity among the Committee members:

  • Constitutional status for Lokpal.
  • Immunity from prosecution for the MPs for any vote and speech in the House
  • Exclusion of judiciary from the ambit of the Lokpal.
  • Qualification of chairperson and Lok Pal members.
  • Selection process of Lok Pal members.
  • Lokpal should not have the powers to tap phones.

Dissent on issues Certain members of the Committee dissented on specific issues.  In Table 1, we list the issues and the reason for the dissent. Table 1: Recommendation of Standing Committee and dissent by individual MPs

Issues Standing Committee recommendations Points of dissent Dissenting MPs
Inclusion of Prime Minister Committee left the decision to Parliament stating that there are pros and cons to each view. -     PM should be included.  -     PM should be brought under the Lok Pal with some exceptions for national security, foreign policy, atomic energy etc. -     The decision to investigate or prosecute the PM should be taken by the Lok Pal with 3/4th majority. -  Prasanta Kumar Majumdar, A. Sampath.  -  Kirti Azad etc, Shailendra Kumar, Pinaki Misra.      
Grievance redressal mechanism Enact separate law for a grievance redressal mechanism. Include in the Lok Pal Bill. Kirti Azad etc, Ram Jethmalani, Shailendra Kumar.
Inclusion of bureaucracy Include Group B officers in addition to Group A. -     Include all groups of govt employees.  -     Include Group ‘C’. -     Do not include bureaucrats. -     Kirti Azad etc, A. Sampath.  -     Meenakshi Natrajan etc, Shailendra Kumar, Prasanta Kumar. Majumdar, Pinaki Misra, Vijay Bahadur Singh. -     Ram Vilas Paswan.
Lokayukta Single, central law to deal with Lok Pal and state Lokayuktas to ensure uniformity in prosecution of public servants. States should retain power to constitute Lokayuktas. -     S. Semmalai.
Private NGOs, media and corporate Include all entities with specified level of govt control or which receive specified amount of public donations or foreign donations above Rs 10 lakh. No private organsiations should be included. - Kirti Azad etc., Ram Vilas Paswan.
Composition of search and selection committees Selection Committee: In addition to PM and Speaker, it should include the Chief Justice of India, an eminent Indian unanimously nominated by the CAG, CEC and UPSC chairman and only Leader of Opposition of Lok Sabha.  Search Committee: Mandatory to constitute. Minimum 7 members with 50% members from SC/ST, OBC, minorities and women.   Selection Committee: PM, Minister, LoPs of both Houses, two judges and CVC. Search Committee: CJI, CAG, CEC, Cabinet Secretary, judges of Supreme Court and High Courts.  Selection Committee: PM, LoP in the Lok Sabha, one judge of SC and one Chief Justice of a HC, CVC, CEC and CAG. Search Committee: 10 members out of which 5 should be from civil society and 5 should be retired Chief Justice, CVC, CAG and CEC.  Half the members to be from SC/STs, OBCs, minorities or women. -  Kirti Azad etc.  -  Shailendra Kumar.
Removal of Lok Pal In addition to petitioning the President, a citizen should be allowed to approach the Supreme Court directly with a complaint.  If admitted, it would be heard by a 5 judge bench.  If President does not refer a citizen’s petition, he should give reasons. Investigation should be conducted by an independent complaint authority.  Heavy fines should be imposed in case of a false or frivolous complaint. Instead of the President, the Supreme Court should have power to suspend a member pending inquiry.    - Shailendra Kumar.
Role of CVC and CBI CVC should investigate Group C and D employees.  Instead of Lok Pal’s investigation wing, the CBI should investigate cases after inquiry by the Lok Pal.  CBI to have autonomy over its investigation.  Lok Pal shall exercise general supervision over CBI. CBI should be under the control of the Lok Pal.  The CBI Director should be appointed by the Lok Pal’s selection committee. The CVC should be under Lok Pal and the SVCs under the state Lokayuktas. -  Ram Jethmalani, Shailendra Kumar.  -  A. Sampath. -  Meenakshi Natrajan etc.
False and frivolous complaints Term of imprisonment should be maximum six months.  Amount of fine should not exceed Rs 25,000.  Specifically provide for complaints made in good faith in line with the Indian Penal Code. The term of imprisonment should not exceed 30 days. - Kirti Azad etc.
Article 311 Article 311 of the Constitution should be amended or replaced with a statute. The procedure adopted by the disciplinary authority should conform to Article 311. - Kirti Azad etc, Meenakshi Natrajan etc.   
Finance Lok Pal Bill states that all expenses of the Lok Pal shall be charged to the Consolidated Fund of India (no need for Lok Sabha clearance).  The Committee did not make any recommendation with regard to finances of the Lok Pal. Lok Pal’s expenses should be cleared by the Parliament.  Lok Pal should present its budget directly to Parliament rather than through a ministry. -  Kirti Azad etc.  -  Shailendra Kumar.
Sources: The Lok Pal Bill, 2011; the Department Related Standing Committee Report on the Lok Pal Bill, 2011 and PRS.