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{"id":132,"date":"2014-05-02T21:59:41","date_gmt":"2014-05-02T21:59:41","guid":{"rendered":"http:\/\/ijlljs.in\/?page_id=132"},"modified":"2014-05-02T22:01:16","modified_gmt":"2014-05-02T22:01:16","slug":"the-hype-vs-the-truth-an-eclectic-review-of-foreign-direct-investment-policy-in-india","status":"publish","type":"page","link":"http:\/\/ijlljs.in\/the-hype-vs-the-truth-an-eclectic-review-of-foreign-direct-investment-policy-in-india\/","title":{"rendered":"THE HYPE VS.THE TRUTH: \u201cAN ECLECTIC REVIEW OF FOREIGN DIRECT INVESTMENT POLICY IN INDIA"},"content":{"rendered":"

Title: THE HYPE VS.THE TRUTH: \u201cAN ECLECTIC REVIEW OF FOREIGN DIRECT INVESTMENT POLICY IN INDIA\u201d<\/em><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Akshay[1]<\/strong> Jyoti Rakhawat[2]<\/strong><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

ABSTRACT<\/strong><\/p>\n

\u201cDifficulty lies not so much in developing new ideas as in escaping from old ones<\/em>\u201d<\/p>\n

– \u00a0Maynard Keynes<\/p>\n

This quote by Maynard Keynes falls exactly in place if we talk about the current position of foreign direct investment in India. Since our independence itself, we have had a tendency of blindly following the so called \u201creforms\u201d introduced by the western powers for their selfish gains.<\/p>\n

The question thus lies is that in the current scenario, where there in an intense \u201cGlobal Rat Race\u201d for attracting FDI, does FDI actually lead to greater productivity and overall economic growth, or whether these are mere prerequisites for attracting FDI? Whether larger FDI inflow is really a parameter for judging a country\u2019s economic strength or whether it is just a profit making policy of the western economic powers under the garb of a \u201dreform\u201d??<\/p>\n

This paper will seek to chronologically trace the development of FDI policy in India; will lay down the existing FDI policy in India. Further, this paper will critically analyse the hurdles in the path of effective FDI policy implementation along with the suggested reforms and will lift the veil shadowing the truth behind the policy of Foreign Direct Investment.<\/p>\n

\n

\n

\n

    \n
  1. BACKGROUND OF FOREIGN DIRECT INVESTMENT IN INDIA<\/strong><\/li>\n<\/ol>\n

    \n

    The notion of foreign capital in India was not so happening at its inception. The marks of the footsteps of FDI in India can be traced with the establishment of East India Company of Britain, where the capital of Britain came to India. It was after the Second World War, when Japanese companies entered into Indian market. The issues related to foreign capital and operations of MNCS, gained momentum after the independence, when the policy makers realized the national interests attached to it. By focusing on the same, they framed the FDI policy which endeavor it as a medium for acquiring advanced technology and to muster foreign exchange resource.[3] After various attempts made in 1966 and 1985, the economic reform in India started with economic liberalization, on 24th<\/sup> July 1991. The reforms made in 1991 were proved sustainable as substantial liberalization was declared in the New Industrial Policy.<\/p>\n

    After so much of hassle, the Foreign Direct Investment (FDI) in India was made regularised by the FDI policy and governed by the provisions of The Foreign Exchange Management Act, 1999.<\/p>\n

    Even though India had proved itself as most attractive market for retail investment by topped the A.T. Kearney\u2019s annual Global Retail Development Index (GRDI) for third consecutive years, and had registered a growth of 8% in 2007, but on a whole, Indian retail attracted approximately $1.8 billion in foreign direct investment, in between 2000 to 2010, which was a very small 1.5% of total investment flow into India.<\/p>\n

    Until 2010, the strings of the entire flow in India were in the hands of the intermediaries and middlemen. Due to their dominated involvement, the pricing lacked transparency and the norms were continuously flouted. Removal of legal restrictions on organised retail was recommended to the Government of India repeatedly. Jagdish Bhagwati, suggested the Indian Parliament, to extend economic reforms by breaking the shackles of the retail sector, so that further liberalization of trade in all sectors amounts to positive change which was the need of the hour as such step will accelerate economic growth and make a sustainable difference in the life of India\u2019s poorest.[4]<\/p>\n

    On January 11, 2012, India permitted and welcomed the increased competition and innovation in single-brand retail. FDI in multi-brand retail was prohibited in India, till 2011, as foreign groups were not allowed to owe supermarkets or any retail outlets and sell products from different brands to Indian consumers directly. It was on 14 September 2012, the Government of India opened the gates for FDI in multi-brand retail (subject to approvals by individual states), however caused many protests in opposition.[5]<\/p>\n

    On September 20, 2012, the Government of India has formally approved 51% FDI in multi-brand retail and 100% FDI in single brand retail, thereby making it effective under Indian law. In Ernst & Young 2012 India Attractiveness Survey, India is placed on the fourth global ranking for foreign direct investment (FDI) after the United States, China and Britain. India drew FDI of $8.1 billion in March, which was the highest ever monthly inflows, despite of the brouhaha over Rs 11,000 Crore Vodafone tax dispute.<\/p>\n

    \n

      \n
    1. FDI POLICY IN INDIA<\/strong><\/li>\n<\/ol>\n

      \u00a0<\/strong><\/p>\n

      Pre-1991 Scenario<\/strong><\/p>\n

      After Independence, the country was not at all in the condition of contemplating the idea of Foreign Capital due to previous exploitation done by the Britishers. The FDI governing framework of India consisted of complex jumble of legislative enactment and policies which was open to the discretion of the government to interpret and apply according to them. Before economic reform, the FDI policy in India went through 4 different phases[6]:<\/p>\n

      1) The Phase of Cautious and Selective Attitude towards FDI (1948-1967);<\/p>\n

      2) The Phase of Semi-Liberalization (1980-1990);<\/p>\n

      3) The Phase of Restrictive Attitude towards FDI (1968-1979);<\/p>\n

      4) Trends of FDI Inflows during Pre-reform Period: Before 1991.<\/p>\n

      The overall inflow of FDI during the period of 1980-1990 was fluctuating. The FDI amount in 1980 was US$ 79 million, which reached upto US$ 252 million in 1989. After such growth, thereafter it declined US$ 237 million in 1990. FDI increased three times during the period of 1980-1990 and the CAGR (actual) was19.05% during the same period of time.<\/p>\n

      Post-1991 Scenario<\/strong><\/p>\n

      After mid 1990, India was in financial crisis due to political disturbances and other economic factors. This resulted in the erosion of the international community\u2019s confidence on our economy. After the sudden outbreak of Gulf war in January 1991, the status of Foreign Exchange of India became so scanty that the country was not able to pay even for one week imports. To overcome this situation, with the support of IMF and the World Bank, Structural Adjustment Programme (SAP) was introduced to bring economic liberalization process. New Industrial Policy (NIP) was brought in 1991, which supported the role of FDI in the process of industrial development in India regarding the efficiency, modernization, technological upgradation and other relevant factors.<\/p>\n

      The major highlights of NIP 1991 changes are as followings[7]:<\/p>\n

        \n
      1. Abolition of industrial licensing system except for 18 industries specified in the Annex-II of the statement.<\/li>\n
      2. Ceiling of 40 percent foreign equity under FERA was done away with.<\/li>\n
      3. Removal of registration under MRTP Act.<\/li>\n
      4. Foreign investment promotion board (FIPB) was established and has been authorized to provide a single window clearance for all project proposals regarded by it.<\/li>\n
      5. Introduction of the dual approval system for FDI proposals viz. (i) through an automatic approval channel for FDI in 35 priority sectors by RBI upto equity participation 51 percent and (ii) through formal government of India channel via FIPB\/SIA.<\/li>\n
      6. Existing companies were allowed to hike their foreign equity upto 51 percent in priority sector.<\/li>\n
      7. Dilution of dividend balancing conditions and its related exports obligation except in case of 22 consumer goods industries.<\/li>\n
      8. Removal of restrictions of FDI in low technology sectors.<\/li>\n
      9. Automatic permission for technology agreement in high priority industries.<\/li>\n
      10. Removal of condition for FDI with necessary technology agreements etc.<\/li>\n<\/ol>\n

        After these reforms, Foreign Investment Implementation Authority (FIIA) was setup in 1999 in India, which takes care of quick translation of FDI approvals into implementations. FIIA is assisted by Fast Track Committee which has been established in 30 Ministries\/Departments of Government of India.<\/p>\n

        The steering committee on FDI was set up by the planning commission in August 2001 under Chairmanship of N.K. Singh which submitted its report in September 2002 to the Prime Minister.[8] It was recommended that the ban on FDI in retail trade should not be lifted while for other sector such as oil marketing, petroleum exploration, banking and financial services and real estates was raised to limit of 100 percent.<\/p>\n

        Current Policy<\/strong><\/p>\n

        Foreign Investment in India is governed by the FDI policy announced by the Government of India and the provision of the Foreign Exchange Management Act (FEMA) 1999. The Reserve Bank of India in this regard had issued a notification, which contains the Foreign Exchange Management (Transfer or issue of security by a person resident outside India) Regulations, 2000. This notification has been amended from time to time. Department of Industrial Policy and Promotion (DIPP) under the Ministry of Commerce and Industry, Government of India is the nodal agency for monitoring and reviewing the FDI policy on continued basis and changes in sectoral policy\/ sectoral equity cap which goes from 26% to 100% at present. The FDI policy is notified through Press Notes\/ Policy Circulars by the Secretariat for Industrial Assistance (SIA), Department of Industrial Policy and Promotion (DIPP) Ministry of Commerce & Industry. FDI is allowed under Direct Route and Government.<\/p>\n

        Changes brought by the Government of India in FDI Policy in September 2012<\/strong>:<\/strong><\/p>\n

        According to the United Nations Conference on Trade & Development, the FDI inflows in India decreased 29% in 2012. Thus India finally in September 2012, permitted FDI limit up to 51% on multi-brand retail and 100% on single brand retail.[9]<\/p>\n

        Prohibition on FDI in India:<\/strong><\/p>\n

        General Prohibition:<\/strong><\/p>\n

        Any type of Foreign Investment in a company or a partnership firm or a proprietary concern or any entity, whether incorporated or not, is prohibited, if found engaged or purposes to engage in following activities:<\/p>\n

        (a)\u00a0\u00a0 Business of chit fund, or<\/p>\n

        (b)\u00a0 Nidhi company, or<\/p>\n

        (c)\u00a0\u00a0 Agricultural or plantation activities, or<\/p>\n

        (d)\u00a0 Real estate business, or construction of farm houses, or<\/p>\n

        (e)\u00a0\u00a0 Trading in Transferable Development Rights (TDRs).<\/p>\n

        Prohibited Sectors:<\/strong><\/p>\n

        The FDI is completely prohibited on the specific sectors, namely, Retail Trading (Except Single Brand Product), Atomic Energy, Lottery Business, Nidhi Company, Gambling and Betting, Chit Fund Business, Manufacture of Tobacco, Cigars. The sector of Agriculture and Housing and Real Estate are partially prohibited.<\/p>\n

        Permitted Sectors<\/strong><\/p>\n

        Subjected to the applicable laws or regulations; security and other conditions, the FDI in following sectors is allowed up to the limits prescribed. These sectors fall under the Government Route[10], unlike other sectors, which fall under the automatic route.[11]<\/p>\n

        Sectors falling under Government Route<\/strong><\/p>\n

        \u00a0<\/strong><\/p>\n\n\n\n\n\n\n\n
        Percent of FDI permitted<\/strong><\/td>\nSectors\/Activities<\/strong><\/td>\n<\/tr>\n
        Upto 26%<\/td>\n\n
          \n
        • Defence Industry subject to Industrial license under the IDRA<\/li>\n
        • Terrestrial Broadcasting FM (FM Radio)<\/li>\n
        • Up-linking a News & Current Affairs TV Channel<\/li>\n
        • Publishing of Newspaper and periodicals dealing with news and current affairs.<\/li>\n
        • Publication of Indian editions of foreign magazines dealing with news and current affairs.<\/li>\n
        • Banking-Public Sector (up to 20% only)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
        Upto 49%<\/td>\n\n
          \n
        • Petroleum refining by PSU without any disinvestment or dilution of domestic equity in the existing PSUs.<\/li>\n
        • Cable Network & DTH (FDI component not to exceed 20%)<\/li>\n
        • Setting up of Up-linking HUB\/Teleports<\/li>\n
        • Private Security Agencies<\/li>\n
        • Commodity exchange<\/li>\n
        • Credit Information Companies<\/li>\n
        • Infrastructure Company in the Securities Market<\/li>\n
        • Financial Services ARC (49% of paid up capital of ARC)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
        Upto 74% (Automatic upto 49%)<\/td>\n\n
          \n
        • Headend-In-The-Sky (HITS) Broadcasting Service<\/li>\n
        • Non-Scheduled Air Transport Service<\/li>\n
        • Ground Handing Services<\/li>\n
        • Satellites- Establishment and operation, subject to the sectoral guidelines of Department of Space\/ISRO<\/li>\n
        • Telecom services<\/li>\n
        • Internet Services Providers with\/without gateways, rapid paging, end to end bandwith<\/li>\n
        • Banking-Private sector<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
        Upto 100%<\/td>\n\n