Category: General

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General Politics

Article 142 of the Indian Constitution

Recently, the Supreme Court in the so called “Bulldozer Justice” interim order, referred to the use of Article 142 of the Constitution thus piquing my interest.

The Supreme Court was hearing petitions, about certain State  Governments, who were demolishing the homes of individuals accused of crimes, using bulldozers as a punitive measure. The Court passed an interim order pausing till the next hearing, any demolition activities across the country without prior court permission. They excluded demolitions that pertained to public encroachments like illegal constructions on roads or public spaces.

When the Solicitor General, Tushar Mehta, representing one of the State Governments, objected to the order, arguing that it unduly restricts the powers of statutory authorities, the Bench said that the directive was being issued under the special powers granted by Article 142 of the Constitution.

This Article is a unique tool that lets the Supreme Court deliver justice in cases where existing laws might not cut it. But what exactly is Article 142, and how does it impact the justice system in India?

What is Article 142?

Please find below the excerpt of the Article from the Constitution:

“142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc

(1)The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

(2)Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. “

Article 142 gives the Supreme Court the power to pass any order or decree needed for “doing complete justice” in any case before it. In simple terms, this provision allows the Court to go beyond the existing laws and technicalities to make sure justice is served.

It’s important to note that while laws govern the land, there are often situations where strictly applying these laws might not fully address the complexities of a particular case. Article 142 lets the Court step in and fill those gaps, ensuring that justice is delivered.

For example, in cases where laws may be outdated or don’t cover certain modern issues, or when the legal process is too slow or burdensome, Article 142 gives the Supreme Court the flexibility to issue judgments that directly address the problem at hand.

Key Features of Article 142

  • Discretionary Power: Article 142 gives the Supreme Court wide-ranging powers. The Court can issue orders related to attendance, document discovery, and even deal with contempt of court issues. This flexibility allows the Court to act in ways that ensure justice is not delayed or denied.
  • Going Beyond Ordinary Law: The Court can use Article 142 to bypass legal restrictions if they stand in the way of delivering justice. This doesn’t mean the Court acts arbitrarily, but it does give it room to maneuver when standard laws are inadequate.
  • Ensuring “Complete Justice: The essence of Article 142 is that it seeks to provide full justice, even in situations where laws may be unclear, insufficient, or outdated.

Some Real-Life Examples of Article 142 in Action

  • One of the instances where the Supreme Court invoked Article 142 is in the Bhopal Gas Tragedy case. The Court used this article to ensure that victims of the tragedy received compensation, even though existing laws at the time weren’t equipped to handle such large-scale disaster relief.
  • In another instance, the Court used Article 142 to allow divorces based on the “irretrievable breakdown of marriage”, even though this specific ground wasn’t mentioned in the Hindu Marriage Act. This allowed the Court to address situations where couples were stuck in irreparable marriages but couldn’t get a divorce because the law didn’t recognize such cases.
  • More recently, Article 142 came into the spotlight during the “Chandigarh Mayoral Poll” case, where the Supreme Court overturned the results of a mayoral election due to misconduct by the returning officer. By invoking Article 142, the Court ensured that electoral integrity was maintained, even though the legal process might not have offered a straightforward remedy.

Guidelines for the use of Article 142

In a recent Landmark Judgement – “High Court Bar Association Allahabad v. The State of Uttar Pradesh 2024 INSC 150 (29 February 2024)”, the Supreme Court laid down the following guidelines for the exercise of its powers under Article 142 of the Constitution:

  • It cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour;
  • The Court cannot ignore the substantive rights of the litigants;
  • The Court can issue directions to the Courts for streamlining procedural issues, however, the Court cannot affect the substantive rights of those litigants who are not parties to the case before it. The right to be heard before an adverse order is passed is a substantive right; and
  • It must not defeat the principles of natural justice

Conclusion

Article 142 is important because it gives the Supreme Court a tool to ensure that justice is not limited by the technicalities of outdated laws or procedural delays. It allows the judiciary to act swiftly and effectively when necessary, ensuring that the spirit of justice prevails over the letter of the law.  However, this power is not without its limitations. The Court has to be careful not to overstep its bounds and ensure that the use of Article 142 does not infringe on the fundamental rights of individuals or the principles of natural justice.

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General Politics Uncategorized

A Missed Opportunity: The Cancellation of Lateral Entry in Government Recruitment

A few days back, the UPSC had issued an advertisement seeking lateral entry of talent into government service for several posts of Joint Secretary, Director, and Deputy Secretary levels. This created a buzz amongst many of us in the Corporate Sector. I thought it was a very good move to add talent and bring in fresh perspectives, new ideas, and specialized skills into the government.

However, there was criticism from the opposition parties because the advertisement did not mention reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the recruitment process.  One of the political parties which is part of the NDA government also criticized the move.  This move by the government was painted as an attack on the Constitution for ignoring reservations.

Yesterday, the Indian government decided to cancel the planned lateral entry. I believe this move is disappointing and undermines the potential for improving the efficiency and effectiveness of government. While it is true that ensuring reservations of SCs & STs in government jobs is crucial, it is important to note that the cancelled recruitment process was meant for specialized positions requiring specific skills and expertise, not for generalist roles.

Moreover, as Karthik Muralidharan, author of “Accelerating India’s Development: A State-Led Roadmap for Effective Governance,” argues, the lack of state capacity is one of the biggest hurdles to India’s development. He highlights the need for a more effective state, emphasizing state-level reforms as critical for India’s advancement. Lateral entry of talent with specialized skills and expertise could have been a crucial step towards building that capacity.

While I strongly believe in social justice and agree that reservations are required, such a policy need not be applied blindly in all situations. It is already well accepted that reservations are not applicable for Single Post cadres in the Government.  If reservations have to be incorporated even for lateral recruitment, the government may not be able to fill the positions or will need to create additional positions just to fill the quota.

The cancellation is a step backwards that will ultimately harm the country’s development prospects. Instead of cancelling the lateral entry process, the government should have explored ways to ensure that it is implemented in a fair and equitable manner.  

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General Healthcare

The Unending Nightmare of Violence Against Women

As a father of two daughters, the recent rape and murder of a young medical student in Kolkata has resulted in despair and anger https://www.thehindu.com/news/national/west-bengal/in-kolkata-rape-murder-and-rampage/article68532922.ece.  My initial response was to ignore the news and the commentary – this after all didn’t happen in Bengaluru – the city I live in. But the protests by the medical fraternity across India forced me to face the reality – if it can happen in Kolkatta – it can happen anywhere.

The details of the crime are too gruesome to recount. But the image of that young woman, her dreams and aspirations extinguished in an act of unimaginable cruelty, will forever haunt me. It is a chilling reminder of the vulnerability of women in our society, even within the supposed safety of a hospital.

The statistics paint a grim picture. India reports over 87 rape cases every day, and the actual number is likely much higher due to underreporting. Every 15 minutes, a woman is subjected to some form of sexual violence. These are not just numbers; they represent the shattered lives of countless women, their families, and their communities.

The problem is not a lack of laws. India has some of the strictest anti-rape laws in the world. The problem is the lack of implementation, the lack of accountability, the lack of empathy. We live in a society where victim-blaming is rampant, where women are told to dress modestly, to stay indoors, to not venture out alone. This is not the solution. The solution lies in changing mindsets, in holding perpetrators accountable, in creating a safe and secure environment for women.

We need to raise our voices against this injustice. We need to educate our sons to respect women, to treat them as equals. We need to hold our leaders accountable for ensuring the safety of women. We need to create a society where women can walk freely, without fear, without shame.

Here are a few actions that I have listed that we can all take:

  1. Demand justice for the victim and her family: Sign petitions, participate in protests, and make our voices heard. These protests have resulted in the Supreme Court of India taking suo moto notice of the case and setting up a task force on safety – https://www.ndtv.com/india-news/will-set-up-national-task-force-of-doctors-on-hospital-safety-chief-justice-6375831
  2. Educate our children about gender equality and respect for women: Teach them to challenge harmful stereotypes and to stand up against violence. We should have modules on this in in schools and colleges.
  3. Support organizations working towards women’s safety:  Donate our time, money, or resources to NGOs and initiatives that are working to create a safer environment for women.
  4. Speak up against victim-blaming and slut-shaming: Challenge these harmful narratives whenever we encounter them.

As a father, I dream of a world where my daughters can walk freely, without fear, and pursue their dreams and aspirations without being subjected to violence or discrimination. A world where they are treated with the respect and dignity they deserve.  This dream can become a reality if we all work together to make it happen. Let us be the generation that creates a society where women are safe, empowered, and free.

Categories
General Politics

Reflecting on one’s ideology!!

There was a recent debate amongst my friends about definitions of Liberal, Right-Wing, Woke etc. Many of us held similar views on some areas but differed in other areas – so I wondered if it is right to put a neat label on someone – isn’t one’s ideology more complicated than that?

This is my attempt to define my own ideology based on what I believe in. This is work in progress, and I am sure my thoughts and words may undergo change.

My ideology is rooted in the belief that the government should respect and protect individual freedoms while simultaneously fostering an environment that encourages economic growth and social progress. This dual focus on personal liberty and public welfare forms the cornerstone of my worldview.

Personal Liberty

At the heart of my ideology is a respect for personal liberty. I firmly believe that the government should not dictate how individuals lead their private lives. This includes areas such as religious beliefs, eating options, personal reading choices & media consumption. Each person should have the freedom to explore, learn, and believe without fear of government interference.

The ability to worship, or not, in accordance with one’s beliefs is a deeply personal decision that should be free from state intervention. The government’s role should be limited to ensuring that everyone can practice their religion without persecution or discrimination.

Similarly, the freedom to read and watch what we choose is essential for a vibrant and open society. Literature and media are vital avenues for the exchange of ideas, cultural expression, and personal growth. Government censorship in these areas not only stifles creativity but also undermines the foundational principles of democracy.

Public Policy: Lifting All People

While personal liberty is paramount, the government does have a crucial role in the public sphere. Effective public policy should aim to lift all people, particularly the most disadvantaged. Pro-poor policies are essential to bridge the gap between the rich and the poor, ensuring that everyone has access to basic needs and opportunities for advancement.

However, these policies must not cater to majoritarian whims. Instead, they should be designed to benefit society as a whole, protecting women, minorities and marginalized groups from discrimination and inequality. This inclusive approach ensures that no one is left behind and that the benefits of economic and social progress are shared broadly.

Economic Growth: Encouraging Private Capital

Economic growth is vital for the prosperity of any nation. However, the path to growth should not be paved with failed communist policies or cronyism. Instead, policies should encourage private capital and entrepreneurship, creating a dynamic and competitive market. This approach fosters innovation, increases productivity, and generates employment opportunities.

Private capital, when harnessed effectively, can be a powerful engine for economic development. Government policies should therefore create an environment that supports business growth, reduces bureaucratic red tape, and combats corruption. Transparent and fair regulations are essential to ensure that all businesses, regardless of size, have the opportunity to thrive.

Rights

Fundamental rights are the bedrock of a just society. Public policies should not only protect these rights but also actively work to reform regressive social practices that infringe upon them. An example of such a reform was the abolition of triple talaq in India, a practice that was inherently discriminatory towards Muslim women.

Reforming regressive practices requires a delicate balance. On one hand, it involves enacting laws that protect individuals from discrimination and violence. On the other hand, it requires respecting cultural and religious traditions. The goal should be to promote social progress while maintaining respect for diversity and individual freedoms.

Conclusion

In essence, my ideology envisions a society where individuals are free to lead their private lives without government interference, yet are supported by public policies that promote economic and social progress. It is a vision of a world where freedom and progress go hand in hand, creating a brighter and more equitable future for all.

This balance is not always easy to achieve, but it is essential for a harmonious and prosperous society. By respecting personal liberties and promoting inclusive growth, we can build a world where everyone has the opportunity to thrive, regardless of their background or beliefs. This is the essence of my ideology – a commitment to freedom, justice, and progress for all.

Categories
General Movies

Movie Review – 12th Fail

“12th Fail” strikes a chord for those drawn to underdog stories and intrigued by the rigorous UPSC exams, which admit only a select few into India’s prestigious Civil Services. While growing up in the 1980s, I had little awareness of UPSC, as my role models, mostly engineers like my father, steered me toward engineering and later an MBA. Writing the UPSC was not on the radar for me. However, as I grew to understand the profound impact of the state and how public policy can shape a country – I have felt that if I could go back all those years, I would have attempted the UPSC.

About UPSC

Today, there are 3 stages of the UPSC exams:

  1. Preliminary Exam(entry level, Objective Test)
  2. Main Exams (subjective, written exam)
  3. Interview

In 2022, around 570,000 people appeared for the 1st stage, around 13,000 got selected for the second stage, and around 2500 were selected for the 3rd Stage. Finally, 933 people were selected for the various Civil Services.

UPSC has been criticized that the best and brightest who get selected are from privileged backgrounds.  Over the years, reforms have been made to address this criticism – one of the key changes has been that the written exams can be taken in one of the several official languages of India and not just in English – though a very small percentage of applicants opt to do so.

The Story

With that background of UPSC, the true story of Manoj Kumar Sharma, on whom, the movie, 12th Fail is based is even more remarkable. Manoj, excellently portrayed by the fine actor Vikrant Massey, is poor and underprivileged and from a village from the Chambal district of Madhya Pradesh. The quality of school education isn’t great and the school encourages students to cheat to clear the important 12th board exams. Manoj is inspired by an honest police officer named Dushyant Singh, who stops the cheating. Manoj and all the other students fail the 12th exam in that year, but in the next year, he doesn’t cheat and just about clears the exam. He decides to become a police officer like Dushyanth.

The rest of the movie is his journey over 4 years in writing the UPSC. The story follows Manoj and how he juggles menial jobs to survive while realizing his dream, with his mentor Gauri Bhayya, friends, and girlfriend Shraddha Joshi’s  support. He writes the exams in the Hindi medium unlike the majority of the candidates who write in English. After every unsuccessful attempt, he needs to find the drive to “restart” as his mentor Gauri puts it. The viewer feels involved in Manoj’s success or failure. As the tension mounts when he goes for the final leg (the interview), silent pauses and the ambient sound makes you hold your breath, too. The movie skilfully addresses pertinent issues, shedding light on the coaching industry’s malpractices, societal privilege within the aspirant pool, and the motives behind political suppression through lack of education.

Overall, ‘12th Fail’ is a must-watch movie that will leave you inspired and motivated. The movie’s direction, screenplay, and acting are top-notch, and the story is relatable and engaging. I do hope to meet the real life Manoj Kumar Sharma one day!!

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General Webseries

Review – Slow Horses Season 3

“Slow Horses” Season 3, streaming on Apple TV, continues to immerse viewers in a gripping world of espionage and intrigue set against the backdrop of the United Kingdom. Based on Mick Herron’s book series, this installment is a potent mix of action and intelligent storytelling.

Season 1 introduced viewers to Slough House, an MI5 department where disgraced operatives find themselves relegated. Among them are the Slow Horses—River Cartwright, Louisa Guy, Roddy Ho, and the office administrator Catherine Standish—led by the unorthodox Jackson Lamb, portrayed with finesse by Gary Oldman. Season 3 builds upon the well-developed characters, shifting the spotlight to the intricately woven plot.

In the first couple of episodes we see the kidnapping of Catherine Standish and River Cartwright’s foolhardy attempt to infiltrate MI5 at the behest of the kidnappers. What begins as a security preparedness review of MI5 conducted by an external consulting company, swiftly spirals into chaos, revealing the kidnapper Donovan’s hidden motive and divergent agenda.

The political landscape within MI5 becomes a captivating undercurrent throughout the season. The power play between the first desk, Ingrid Tearney, and the second desk, Diana Taverner—played by the talented Kristin Scott Thomas—unfolds with strategic precision. Their maneuvers and manipulations create a web of intrigue that influences the broader dynamics of the narrative.

This season delves deeper into the characters of two Slow Horses, Shirley Dander and Marcus Longridge, offering viewers a more profound insight into their personalities and roles within Slough House.

The strength of “Slow Horses” Season 3 lies in its ability to sustain a balance between character evolution, action, political intrigue, and an engaging storyline. Gary Oldman’s compelling portrayal of Jackson Lamb continues to be a standout, adding depth and charisma to the series. My only complaint is that the season is too short with only 6 episodes, and I am now awaiting Season 4 expected in late 2024. For enthusiasts of espionage thrillers craving both action-packed sequences and intricate storytelling, “Slow Horses” Season 3 on Apple TV is a must-watch.

Categories
General Healthcare Movies

Movie Review: “Three of Us”

“Three of Us” is a poignant and visually captivating film that delicately explores themes of memory, nostalgia, and personal reconciliation. Set against the backdrop of the serene coastal town of Vengurla in the Konkan region, the movie adeptly utilizes its picturesque landscapes to complement the emotional depth of its storytelling.

The narrative primarily revolves around a woman portrayed by the talented Shefali Shah, whose life takes an unexpected turn with an early diagnosis of dementia. However, the movie refrains from making the illness the focal point, using it instead as a subtle backdrop against which the characters’ stories unfold.

Shah’s character, along with her husband (played by Swanand Kirkire), embarks on a journey to Vengurla, where she reconnects with her school friend, portrayed by the versatile Jaideep Ahlawat. The movie delves into the complexities of their relationship, hinting at unresolved feelings and unspoken emotions that linger beneath the surface. The film intertwines her present struggles with dementia with her attempt to come to terms with a personal tragedy from her past that is connected to the town.

One of the standout aspects of “Three of Us” is its brilliant cinematography, which captures the breathtaking beauty of Vengurla, a coastal town nestled along the Arabian Sea. The visuals not only serve as a scenic backdrop but also add depth to the emotional landscape of the narrative.

Director Avinash Arun masterfully navigates the storyline, allowing the characters’ emotions and relationships to take center stage. While all three actors—Shefali Shah, Jaideep Ahlawat, and Swanand Kirkire—deliver commendable performances, the standout portrayal is by Shefali Shah. Her portrayal infuses the character with a depth that resonates powerfully, anchoring the emotional core of the narrative.

Dr. Peter Attia in his  book “Outlive,” calls heart disease, cancer, neurodegenerative disease(dementia) & type 2 diabetes  as the Four Horsemen – as they will account for the death of a majority of people. I have recently been coming across more cases of dementia in my known circles. This film subtly raises awareness about dementia without overstating its presence, offering a nuanced portrayal that resonated with me. The relationship between Shefali and her husband Kirkire who will eventually need to take on a significant role as her caretaker was beautifully portrayed in a scene where he gives her a hair massage.

I found “Three of Us” to be a touching cinematic experience that skillfully navigates emotional landscapes, aided by stellar performances and breathtaking visuals. It’s a film that gracefully tackles profound themes while highlighting the importance of memories and personal journeys.

Categories
Digital General

Twitter & Elon Musk

Elon Musk paid  44 Bill USD to acquire Twitter last week and take it private. This is the social platform that I have been active on since 2009. Over the years, I almost stopped using Facebook, have reduced my time on Whatsapp Groups and have never really done much on Instagram (got an account during Covid). I tried Clubhouse and didn’t stick around and was never a fan of TiKTok. However for the last 13 years, Twitter has been my social media companion. I like it for the following reasons:

  • Simplicity in usage – the product hasn’t changed much since Day 1
  • Forces one to be precise due the limitation on the length of the tweet. As someone said – “I have made this longer than usual because I have not had time to make it shorter.” I also like this as a consumer of content.
  • Has been less ad intrusive compared to Facebook & Google
  • Has exposed me to a wide variety of content and experts
  • Has transformed how I consume news – I have access to news, opinions, narratives across the spectrum of ideologies.
  • The social impact it has had – the uprisings in countries like Egypt, the ability to get people together for a good cause.

I have disliked Twitter for some reasons:

  • The top trends feature – some of which are manufactured by Bots and paid users
  • The trolling of politicians, media personalities, businessmen – instead of meaningful debate, twitter conversations are usually very hateful
  • Being misused to spread disinformation, though not as bad as Whatsapp or Youtube.

But on the whole, I have enjoyed this platform. Like everyone else, I am watching with trepidation the impact of the changes that Elon will do to Twitter:

  • The moderation changes – will it result in more hate, more disinformation, more entrenched positions?
  • The plan to charge 8$ per month for a blue tick – will it result in fake experts/spreading of false news? Will it mean that the “trusted” content creators will move away from the platform?
  • Will advertising increase on the platform – will the technology become better at targeting personalized ads?

Elon has created excellent companies like Tesla & SpaceX – he is an optimist and believes that the world can be a better place. So, I am hopeful, that what he does will be overall positive for Twitter’s consumers including me. For now, I am going to wait & watch.

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Fire Safety General Uncategorized

Public Safety in India

It was horrific to read about the tragedy in Gujarat. A suspension bridge collapsed in Morbi and over 130 people died in the accident. This was a 100-year old bridge, which had been closed for repairs for the last several months and had re-opened only a few days before. While we await the results of the investigation into this incident, we need to reflect on the following:

  • As a society, we do not prioritize safety over convenience or profit.  According to NCRB’s report on Accidental Deaths in 2021 – out of approximately 400,000 accidental deaths, only 2% was due to forces of nature and 98% was due to causes like road accidents, fire accidents, electrocution, falls, drowning etc. These were all preventable deaths! Someone took a decision – delaying filling a pothole, overtaking a vehicle in a two-way road, using space for storage while blocking a fire-exit – which either a) resulted in the accident b) prevented rescue c) or both. In the case of Morbi, it appears that people in excess of the safe capacity were allowed on the bridge.
  • While we have strict laws to prevent such negligent behaviour, the enforcement and the legal system is woeful. There are cases which have gone through the court system for decades – one of them being the infamous Uphar fire accident. If a person believes that the risk of discovery is very low, or even when discovered, the penalty is negligible – they will continue to violate the regulations.
  • We do not believe that anything bad can happen to us – this is reflected in data on insurance policies. According to the Economic Survey 2021-22, non-health insurance penetration in India was at 1% compared to the global average of 4%.  How many of us look at where the fire exits are when we enter into a public space? How many of us remember what to do if we are caught in a crowd rush?
  • Safety is not an important topic during elections. Social issues, economy, education, healthcare, are all very important issues which get discussed & debated. Accidental deaths have not become a political issue and hence there is hardly any focus from the governments and political parties. As the 400,000 people who died, were distributed across the country, the impact is not felt nationally.

I hope Morbi doesn’t become another statistic but will trigger a conversation and debate on public safety. While we await a public shift on the issue, we should do what is in our control – a) create awareness – next time you write a review on a public space like a restaurant – give feedback on safety b) get trained on how to react in situations like a fire, overcrowding, water, related accidents etc c) and follow the rules – however inconvenient!!

Categories
General Politics

Asset Monetization in India

The Indian central government has recently announced an ambitious Asset Monetization Plan. The objective of this plan is to offer existing government owned infrastructure assets(“Brownfield” assets) to private investors, thereby generating fresh capital. The newly generated capital can then be used for further infrastructure investments, without adding to public debt. The infrastructure assets will be offered in various sectors – Roads, Railways, Warehousing, Ports, Airports, Telecom, Power Generation, Power Transmission, Natural Gas pipelines, Real Estate as well as other assets like Sports Stadia. Over 6 Trillion INR(81 Bill USD) will be offered over the next 4 years under this Plan.

Unlike privatization, the government will not be giving up ownership control of the assets. Instead, the assets will be returned to full control of the government after a pre-determined number of years. 

Let us examine the impact on the stakeholders involved – Government, Private Investors and Indian Citizens.

  • Government : This allows the government to raise money from existing assets without increasing debt. This also side-steps the politically unpopular discourse around privatization. For this to work, the amount that can be generated upfront has to be more than the NPV of the current predicted earning streams of that asset. For example, if the asset is a road, the upfront money has to be more than the discounted cash flows of profits(from toll charges) that are currently being generated/projected over the next few years. The key assumption is that the asset is underutilized from an earnings perspective. It is assumed that a private operator can either generate more revenues or reduce cost of operations or do both. However, the government will need to handle any blowback that may occur if the private operators provide inadequate service to the citizens.
  • Private Investors : Strategic investors(companies like Reliance, Adanis etc) would be interested if they believe a) they can operate these assets better than the government and/or b) the asset will provide synergetic value to their other businesses. Institutional investors who are typically long term investors like pension funds & sovereign funds, would be interested if they believe that the risk adjusted returns are higher than government bonds. India’s experience in BOTs & PPPs for greenfield projects has been mixed and investor interest will be based on past experiences, legal issues & contractual obligations that the government will lay out for that asset.
  • Indian Citizens : Private operators are very likely to offer better customer experience to Citizens than what the government is currently offering. However, citizens who do not pay full prices for the services(either through avoidance or special political considerations) will get impacted. Citizens also benefit indirectly as the government will be able to raise vast sums of money without increasing debt or taxes.  Citizens could also benefit from the innovative uses of the asset by the private players – for example new retail stores & office space in assets like railway stations.

I believe that this is a good move by the central government and opens up interesting opportunities for infrastructure players in India. The government could also look at other sectors in the next phase – for example in healthcare, there are medical diagnostic assets (CTS/MRIs) that can be potentially monetized by offering it to diagnostic chains.