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Policy Analysis

May 21, 2019 | Number 869

A Reform Agenda for the Next


Indian Government
By Swaminathan S. Anklesaria Aiyar

I
EX EC U T I V E S UMMARY

ndia’s economic reforms since 1991 have largely regardless of which party wins, India needs less govern­
been a tale of private-sector success, government ment interference and better governance. The next
failure, and institutional erosion. Prime Minister government should shift India’s policy from its current
Narendra Modi won the 2014 election with plethora of wasteful, corrupt subsidies toward targeted
the slogan “Minimum Government, Maximum cash transfers to the deserving; curb the fiscal deficit;
Governance.” Many mistakenly thought that he would be privatize several public-sector corporations and banks;
a radical reformer who would reduce the reach of govern- liberalize the markets for labor, land, and capital; and
ment and improve the quality of governance. In fact, he roll back Modi’s rising protectionism.
has been only an incremental reformer. He has not done The next government should also improve governance
much to reduce the heavy hand of the government over the by reforming the moribund legal system; improving educa-
economy. He has done even less to improve the quality of tional quality and teacher attendance in schools; improving
governance or the supply of high-quality public goods. He the provision of basic health and public health services; en-
has eroded the strength and independence of institutions. suring security for religious minorities; and ending efforts
India will elect a new Parliament in May 2019, and to subvert independent institutions.

Swaminathan S. Anklesaria Aiyar is a research fellow at the Cato Institute’s Center for Global Liberty and Prosperity and has been the editor of
India’s two largest financial dailies, the Economic Times and Financial Express.
2


INTRODUCTION India’s freedom index score was 55.7 in 2014
The overall When Narendra Modi came to pow- and is down marginally to 55.2 in 2019. That is
thrust of er in the 2014 election, one of his slogans a sad commentary on the patchy progress (or
was “Minimum Government, Maximum lack thereof) in the Modi era.5
Modi’s five Governance.”1 This led some analysts to mis- A more upbeat assessment comes from
years was takenly view him as a radical free-marketeer The Human Freedom Index (published by the
characterized in the mold of Margaret Thatcher or Ronald Cato Institute, the Fraser Institute, and the
by rising Reagan. Modi turned out to be, at best, an in- Friedrich Naumann Foundation for Freedom),
cremental reformer, liberalizing limited parts which looks at economic, civil, and personal
welfarism of the economy in small steps, even while in- freedoms. It shows India moving up from the
instead creasing controls on other sectors of the econ- 121st rank in 2014, when Modi came to power,
of rising omy. Indeed, the overall thrust of Modi’s five to the 110th rank today.6 The Fraser Institute
years was characterized by rising welfarism also measures economic freedom indepen-
economic


instead of rising economic freedom.2 The dently. In this respect, India has improved
freedom. quality of governance improved in some areas, from the 122nd position to the 96th position.
such as reducing corruption at the top levels However, its index score has gone up only
of government. But it worsened in several modestly, from 6.23 to 6.63. Any improvement
other areas, from the independence of institu- is welcome, but India remains at a low position
tions to mob lynching of Muslims suspected of in freedom rankings.7
transporting cows for slaughter.3 India’s performance looks much better
Modi failed to minimize government in- in the World Bank’s Doing Business index. On
terventions or maximize the quality of gov- this measure, India’s ranking is up from 142nd
ernance. Yet those remain eminently worthy place in 2014 to 77th place in 2019.8 However,
goals for the next government, which will come this has been achieved by the government fo-
to power after the general election in May 2019. cusing on reforms in Mumbai and New Delhi,
the only two cities from which the World
Bank draws data for this index. This cloaks the
THE PROBLEM OF TOO lack of progress in the rest of the country, and
MUCH GOVERNMENT in parameters not measured by the index.
India has experienced gradual, erratic eco-
nomic liberalization since 1991. The path of
liberalization has often been two steps forward A CORNUCOPIA OF SUBSIDIES
and one step backward, with several sidesteps. AND FISCAL DEFICITS
The reforms have enabled Indian GDP growth In most democracies, political parties
to average more than 7 percent since 2003, compete for votes mainly on the basis of ri-
qualifying for the mantle of “miracle economy.” val policies. In India they compete mainly by
However, the unfinished economic agenda is offering subsidies, freebies, and caste-based
almost as large as what has been achieved so far. quotas rather than in broad policy issues.
In its annual Index of Economic Freedom, This is best illustrated by the state of Tamil
the Heritage Foundation divides countries Nadu, the champion of freebies. In the last
into five categories—free, mostly free, mod- state election in 2016, the winning party, the
erately free, mostly unfree, and repressed. All India Anna Dravida Munnetra Kazhagam,
India comes in as “mostly unfree.” In its 2019 offered free cellphones for ration-card hold-
report, which uses data from the second half ers; free laptops with internet connections
of 2017 to the first half of 2018, India ranks as for 10th- and 12th-grade students; maternity
low as 129th out of 186 countries.4 assistance of $257 (Rs 18,000 (rupees)); an
In its 2014 report, Heritage ranked India increase in maternity leave from six to nine
120th, nine places higher than it is today. months; one hundred free electricity units
3


every two months; waiver of all farm loans, more votes. What economists often decry as
at a cost of $5.7 billion (Rs 399 billion); as- the leakages of subsidies to the nondeserving The Congress
sistance to fishermen to be hiked to $71 (Rs are viewed by politicians as a desirable elec- Party has
5,000); a 50 percent subsidy to women to buy toral strategy. One consequence of the free-
mopeds or scooters; an eight-gram gold coin bie culture is that, despite efforts to reduce
promised the
for women getting married; free women’s hy- the fiscal deficits of central and state govern- mother of all
giene kits, including sanitary napkins; and ments, the combined total deficit remains at freebies in
much more. Earlier competition between roughly 6.5 percent of GDP—one of the high-
its election


parties had already yielded 20 kilograms per est levels in the world. Moreover, creative
month of free rice, free color TVs, a free accounting hides the true extent of deficits. manifesto.
mixer-grinder, and a free fan per family.9 A more comprehensive measure of deficits,
Almost half the population is still depen- the total Public Sector Borrowing Require-
dent on agriculture, and canal water and elec- ment, which takes into account borrowings
tricity for pumping groundwater for irrigation by government corporations and trusts, is
are free or highly subsidized in most states. estimated at more than 8.2 percent of GDP.
Urea, a nitrogenous fertilizer, is provided to This again is among the highest rates in the
farmers at just $4 (Rs 280) per 50-kilogram world and is roughly equal to the entire net
bag, one-fifth the commercial price, thus en- tax revenue of the central government.12
couraging its diversion to chemical industries A high fiscal deficit erodes the capacity
and smuggling into neighboring countries, of the government to provide essential pub-
such as Bangladesh.10 lic goods and infrastructure. It is also one
Central government subsidies include reason for high real interest rates in India.
seven kilos of rice or wheat per member of Consumer price inflation in the last year has
supposedly poor families for a few cents per been no more than 2–3.5 percent and has av-
kilo. In practice this covers more than half eraged around 4 percent in the Modi era. Yet
the population. Subsidies of petrol and diesel the central bank’s repo rate—its collateral-
have been abolished but continue on cooking ized lending rate to commercial banks—is
gas and kerosene. 6.5 percent; companies borrow from banks
Subsidies are warranted for merit goods, at up to 18 percent, and shadow banks lend at
such as basic education and health services, up to 24 percent. High real interest rates in-
and for safety nets for the poor and disadvan- crease the distress of poor indebted families,
taged. But a recent research paper showed exacerbate already high corporate defaults to
that subsidies, broadly defined, were more banks, and discourage investment.13
than 12 percent of GDP in 2015–2016. Half of An aggressive drive to open bank accounts
these were merit subsidies (on items such as for every family has, in practice, covered
basic education, basic health services, and san- 80–90 percent of families. This has made it
itation) but 6 percent represented non­merit feasible to give direct cash transfers to the
subsidies. To put these figures in perspective, needy. This, in turn, has sparked competition
the entire tax revenue of the central and state between parties to give bigger and bigger
governments is only 17 percent of GDP. So cash handouts. The ruling Telangana Rashtra
nonmerit subsidies claim a big share of tax rev- Samithi in the state of Telangana gave an
enue that could better be spent on improving outright grant of $114 (Rs 8,000) per acre to
the woeful state of public goods, such as secu- farmers before the 2018 state election, and
rity, justice, and basic infrastructure.11 swept the poll. This was not because of the
Competition between political parties en- freebie alone—the party also swept urban
sures that subsidies are not channeled to only constituencies. But it established a trend that
the needy but are typically spread over the others are fast following.14
bulk of the population in order to try and get In Odisha state, the government has
4


offered outright cash grants of $143 to $179 PRIVATIZATION: GRASP
The right (Rs 10,000 to Rs 12,500) for all rural families THIS THORNY NETTLE
way forward owning fewer than five acres; the amount “Minimum government” should have
depends on whether these families are farm meant the privatization of some of the hun-
would be owners, tenants, or landless workers. Modi dreds of public-sector corporations in India.
the outright has decided to follow a similar populist path Modi set up a think tank, Niti Aayog (which
sale of at the all-India level. In preparation for the in Hindi means Policy Commission), that
government coming election in May 2019, his budget in prepared a list of more than 40 corporations
February provided for a cash grant of $86 for privatization, including Air India, which
corporations (Rs 6,000) per year to all farmers holding five has lost enormous sums over the years. Modi
to the private acres or less.15 attempted only one privatization, that of Air
sector. Once The Congress Party has promised the India, but he attached so many conditions on
mother of all freebies in its election manifes- it that there were no bidders.18
a few sales to. If elected, it promises $1,029 (Rs 72,000) Modi has sold minority stakes in several
take place, the to each of the poorest 50 million families, at a government corporations to try and reduce the
entire process cost of nearly 2 percent of GDP. This is in ad- fiscal deficit, but he has maintained govern-
will gain dition to giving farm loan waivers throughout ment control. Often government corporations


India, and almost doubling health and educa- with high reserves have been asked to buy out
credibility. tion spending. The party does not say how the government’s stock in other corporations.
this will be financed.16 This balance sheet jugglery changes nothing in
There are sound economic arguments for reality, but it cuts the fiscal deficit on paper.
replacing the vast array of subsidies with a The right way forward would be the out-
cash grant instead. Idealists on the left have right sale of government corporations to the
long argued for a universal basic income for private sector. Once a few sales take place,
all citizens, simply as a dividend for being citi- the entire process will gain credibility, and fu-
zens. On the market-oriented side of the spec- ture sales will become much easier. That will
trum, Milton Friedman argued that instead release funds to be invested in public goods
of giving a multitude of badly designed and that are badly needed.
distortionary subsidies, governments should
replace these with cash grants.17 Thus, the
idea of some sort of universal basic income THE FACTOR MARKETS:
has backing across the ideological spectrum. LABOR, LAND, AND CAPITAL
Unfortunately, political competition between Since 1991, the product markets in India
parties in India makes it electorally risky to have been liberalized to a substantial extent.
abolish any existing subsidy, so the cash being But the factor markets—for labor, land, and
offered will be in addition to, not in place of, capital—remain highly constrained.
the existing plethora of freebies. India has more than 200 labor laws, 52
This is the wrong approach. The next of which are central government laws. The
government should slash subsidies on many two most restrictive ones are the Industrial
goods and services and convert these into cash Disputes Act and the Industrial Employment
grants. That will mean bribe-free and rapid (Standing Orders) Act. The Industrial
distribution of benefits, fewer opportunities Disputes Act requires companies with 100 or
for middlemen to siphon off benefits meant more workers to get government permission
for the poor, and an end to distortions such as to downsize or lay off any worker, and this is
the smuggling of subsidized urea to neighbor- rarely granted. As a result, firms are reluctant
ing countries. Such an approach also requires a to hire workers for fear of being stuck with ex-
concerted effort to open bank accounts for all cess labor if business conditions change. Many
those who are left out today. industries (such as the garment industry) are
5


seasonal, but companies dare not hire the informal, unwritten deals. If taxes on property
number of workers needed for peak demand. transactions are slashed and the leasing of land The next
The Standing Orders Act requires employers is encouraged, millions of tiny plots could be government
in firms with 100 or more workers (50 or more pooled to create large farms that could compete
in some states) to seek permission for chang- with the best in the world.22
should
ing the job description of any employee (i.e., Many government projects, especially overhaul
reassignment to a different task).19 roads, railways, canals, and mines, are de- India’s labor
Modi has encouraged states to liberalize la- layed for years by land-acquisition disputes.
and industrial
bor laws but has avoided doing so at the nation- The Congress Government in 2013 enacted a
al level. The Industrial Disputes Act threshold law that increased compensation to farmers laws to allow
for sacking workers has been raised from 100 to almost fourfold and added time-consuming entrepreneurs
300 workers in several states. But such modest procedures. Modi asked the state govern- to build giant
steps are not remotely enough to persuade com- ments to use their local laws to expedite land
panies to set up giant factories employing tens acquisitions, but many projects remain stuck
factories that
of thousands of people (in garments, footwear, because of legal disputes and other problems. can compete
and electronics) as in China or Bangladesh.20 The rules should be overhauled to be fair to with India’s


Most Indian garment factories are tiny: farmers whose land is being acquired through
neighbors.
nine-tenths deliberately remain in the “un- use of eminent domain, but the rules also
registered” sector to avoid compliance with need to be simple and quick.23
sundry labor and industrial laws. An estimat- Modernization requires the rezoning of ag-
ed 78 percent of firms employ fewer than 50 ricultural land into nonagricultural land. Today,
workers, and only 10 percent employ more such rezoning is a massive racket: politicians
than 500 workers.21 extract huge bribes to rezone agricultural land
The next government should overhaul as industrial or commercial land. New laws are
India’s labor and industrial laws to allow en- required: rezoning should be simple and auto-
trepreneurs to build giant factories that can matic if it meets certain objective criteria.
compete with India’s neighbors. The sharp India’s capital markets have been liberalized
rise of wages in China is a golden opportunity partially since 1991, but public-sector banks
to attract investment moving out of China, still account for almost 70 percent of loans,
but so far very little of that investment seems even though they have a high proportion of bad
to be migrating to India. debts and have required massive recapitaliza-
Land markets in India are rigid, opaque, and tion to stay alive. No political party is willing to
distorted. High taxes on property sales, exceed- privatize these banks, since government own-
ing 10 percent in many states, discourage trans- ership enables politicians to direct bank credit
actions and induce massive under­declaration of to favored lobbies (farmers, small-scale indus-
the true sale values to avoid taxes since much tries). Laws for faster resolution and bankrupt-
of the sale money is being paid under the table cy procedures have been introduced by Modi.
in cash. This has made real estate and farmland They go in the right direction, yet they need
favorite outlets for crooked people with unac- to be overhauled to ensure that dud loans are
counted money, thus bloating prices of real detected early and resolved before the assets
estate. In some states, farmland can only be of the companies are eroded to almost noth-
sold to other farmers, or to people from the ing. The government obliges all banks to lend
same state. Land reform laws in the 1950s pro- 40 percent of loans to “priority sectors” (which
vided so much security for tenants that they includes agriculture, small and medium indus-
became virtual land owners and impossible to try, exports, education, and housing), a form of
evict. Owners are therefore reluctant to lease intervention that crimps efficiency and profit-
out land, fearing they will be dispossessed. ability. The priority sectors should be whittled
The rental market operates largely through down and gradually dismantled.24
6


REVERSE RISING PROTECTIONISM that India did not need to import, ranging
The risk is From independence in 1947 to 1991, India from candles and kites to sunglasses and fruit
that India will aimed at creating a self-sufficient economy, juices. The problem is that the definition of
which was seen as a form of economic inde- “simple” can be stretched more and more, and
increasingly pendence to buttress political independence. the risk is that India will increasingly become
become an After 1991, a reformist government reduced an inefficient, high-cost producer, wasting na-
inefficient, import tariffs from a peak rate of more than tional resources and encouraging inefficiency.
high-cost 300 percent to 10 percent by 2008. This period India has always been a major textile exporter,
yet Modi has imposed unnecessary import du-
witnessed a surge in Indian exports and com-
producer, petitiveness. However, India remained the big- ties on more than 400 textile items to thwart
wasting gest single user of World Trade Organization competition from China and Bangladesh.26
national antidumping suits to help domestic produc- The United States has long protested
ers. Modi’s Bharatiya Janata Party is strongly against India’s unwarranted protectionism.
resources and influenced by the Rashtriya Swayamsevak India has banned imports of dairy products
encouraging Sangh, a cultural nongovernmental organiza- unless they can be certified to be from cattle
ineffic­ tion that has traditionally been suspicious of not fed with animal products. India has im-


iency. foreign investment and trade and that seeks to posed stringent price controls on pharma-
create and protect national corporate cham- ceuticals and medical implants, especially
pions. The Rashtriya Swayamsevak Sangh has heart stents. It is now insisting that all data
always favored the slashing of red tape and in- collected by international companies must
ternal liberalization to assist Indian industry, be stored in India for security reasons. Bi-
but not external liberalization. Modi has gone lateral Indo-U.S. talks on trade have broken
in this direction.25 down, and so the United States has recently
The Modi government wants India to get given notice of its intent to withdraw duty-
into global value chains that have enabled free treatment of Indian exports under the
China’s economy to take off, and so has of- U.S. trade program’s Generalized System of
fered protection through import tariffs and Preferences for developing countries. This
government subsidies to the electronic and will affect no less than $5.6 billion (Rs 392 bil-
solar industries. It has offered a capital subsidy lion) of Indian exports. Hopes still linger that
of up to 40 percent for setting up silicon wafer the matter can be resolved amicably.27
fabrication plants, although this has not yet
translated into any major investment. In 2017
India raised import duties on several electron- THE PROBLEM OF TOO
ic items, including phone components, TVs, LITTLE GOVERNANCE
and microwave ovens. This was in pursuance Modi came to power after the preced-
of a so-called Phased Manufacturing Program ing Congress-led government was tainted
aiming to check massive imports from China by many corruption scandals. He promised
and ensure that cellphone assembly and man- “maximum governance,” and industrialists
ufacture are done mostly in India. Protective say that large-scale corruption in New Delhi
rates range up to 25 percent for different com- has largely dissipated since Modi came to
ponents, and the government also levies du- power but continues in state governments
ties of 25 percent on solar panels. In theory, and the bureaucracy.28 The Modi government
the high duties will be slashed after scale has enacted a law obliging central and state
economies are attained and production costs governments to auction all mineral deposits,
fall, but no sunset clause has been prescribed ending the earlier corrupt allocations of min-
for the duties. The 2018–2019 budget imposed eral blocks to cronies in return for bribes. It
import duties of up to 50 percent on more than has reduced the rigors of the “inspector raj,”
40 items regarded as “simple manufactures” the old practice of government inspectors
7


who can close down units with few checks THE LEGAL SYSTEM NEEDS
and who demand bribes from industries for DRASTIC OVERHAUL India holds
allowing them to function. Transparency India holds the world record of 33 million the world
International’s Corruption Perceptions Index pending legal cases in courts. These could
shows India improving from 85th position take 320 years to clear, according to Andhra
record of
in its 2014 report to 76th in its 2018 report. Pradesh high court judge V. V. Rao. The Law 33 million
This is positive but far from revolutionary.29 Commission of India, which periodically pending
Indeed, the Congress Party has alleged that reviews the functioning of laws and their
legal cases in
a few cronies have benefited greatly in the enforcement, has recommended the appoint-
Modi era, and that high corruption accompa- ment of 50 judges per million population (in courts. These
nied an Indian contract to buy Rafale aircraft the United States, the ratio is much higher, could take
from France.30 at 107 per million). Judicial posts created so 320 years to


Good governance is about far more than far amount to just 17 per million, and unfilled
reducing corruption. It means comprehensive vacancies are as high as 23 percent in the low-
clear.
provision of high-quality public goods such as er courts, 44 percent in higher courts, and
policing, physical security, justice, redress of 19 percent in the Supreme Court. No wonder
grievances, basic education and health, safety the staggering backlog of cases does not di-
nets, and environmental protection. It is also minish, and most people are reluctant to liti-
about creating strong, independent institu- gate to redress their grievances.35
tions that can withstand political pressures Lengthy procedures and constant adjourn-
and private bribes. Indeed, distinguished aca- ments mean that cases can linger for decades
demics including Douglass North,31 Daron or even more than a century. In the case of the
Acemoglu, and James Robinson have claimed 1975 murder of L. N. Mishra, a prominent poli-
that good institutions are crucial for econom- tician, 20 different judges took 38 years to reach
ic development, especially for moving from a verdict. Of the 39 witnesses called by the de-
middle-income to high-income status (which fense, 31 died before the case ended. When the
is what India needs to do).32 accused sought to have the case dismissed on
On these counts, Modi has not performed the grounds that the long delay had made jus-
well. He has done little to improve the abys- tice impossible, the court denied the motion.36
mal quality of essential government services. India has 123 policemen per 100,000 popu-
For years, the central and state governments lation—little more than half the UN’s recom-
have sought to curb their fiscal deficits by sim- mended level of 220 and far below the levels
ply not filling vacant posts. Today an estimated in the United States (352) and Germany (296).
2.4 million posts in the central and state gov- Massive unfilled vacancies are common in all
ernments are unfilled.33 Some departments, states. The police are notoriously inefficient
such as the railways and government telecom, and corrupt. In many states, they will not even
are hugely overstaffed. But the unfilled vacan- register complaints without a bribe.37
cies have arisen in services badly needed by Those convicted after lengthy cases in the
the public—education, health, law enforce- lower courts can appeal to the relevant state’s
ment, and the judiciary. Modi has eroded the High Court and then to the Supreme Court,
independence of several national institutions, all of which have long clogged pipelines of
such as the Reserve Bank of India and the po- pending cases. The result is that influential
lice, making them more subject to political people using the best legal advice to prolong
whims. He has instilled fear in Muslims and proceedings are likely to die of old age before
Christians by failing to protect them from vio- the conclusion of their appeals. The system
lence by Hindu thugs, who often get implicit rewards lawbreakers and penalizes law abid-
protection from the Bharatiya Janata Party ers, eroding fairness and quality in everything
(BJP)–ruled state governments.34 from business and politics to education and
8


health. A market economy depends on the rule India’s public health spending is just
One of every of law and effective enforcement of contracts. 0.93 percent of GDP, far less than that of
four eighth- If these conditions do not exist, quasi-mafia sub-Saharan Africa (1.82 percent) or China
and crony capitalists will thrive. (2.89 percent).41 Many Indian primary health
grade students Modi has done nothing to overhaul the po- centers barely function, with staff and medi-
in rural India lice or judiciary. That remains an urgent task. cines often missing. India has elite hospi-
is unable to tals that attract global customers, but basic
read even a health in the villages is appalling. The masses
EDUCATION AND HEALTH are at the mercy of quacks and practitioners
second-grade NEED OVERHAUL, TOO


of indigenous medicine. Modi has drawn up a
text. India has the fastest rate of GDP growth plan for affordable hospital treatment of ma-
among six South Asian nations (India, Pakistan, jor problems, but basic healthcare remains a
Bangladesh, Nepal, Sri Lanka, and Bhutan). Yet huge but neglected issue.
between 1991 and 2011, it slipped in social indi-
cators for health and education behind all, save
for trouble-torn Pakistan.38 INDIAN MINORITIES NEED
School enrollment in India is high but TO FEEL SECURE
students learn very little. The Annual Status Hindus constitute almost 80 percent of
of Education Report, 2019, says that one of ev- India’s population. The two biggest religious
ery four eighth-grade students in rural India minorities are Muslims and Christians, and
is unable to read even a second-grade text. both complain of growing violence against
More than half of eighth-grade students can- them by Hindu thugs, with BJP-ruled state
not solve a problem that involves basic divi- governments doing little to discourage the
sion.39 India has world-class elite educational perpetrators. Modi himself was chief minis-
institutions (such as the Indian Institutes of ter of Gujarat when one of the biggest mass
Technology) but most government schools killings of Muslims took place in that state in
and colleges are pathetic, producing func- 2002, although he was exonerated of directly
tionally illiterate high-school graduates and encouraging the killing by a special court.
unemployable college graduates. The BJP is a Hindu nationalist party and
Many teachers are connected with politi- has carried the Hindu notion of the sacred
cal parties and aspire to become legislators. cow to extremes that encourage mob lynch-
Powerful teachers’ trade unions are con- ing of Muslims suspected of eating beef or
sidered untouchable by state governments. transporting cattle for slaughter.42 After
Many teachers do not teach at all: only such incidents, Modi has often, after a long
48 percent were found teaching at the time silence, condemned the lynchings. But this
of one survey. In a 2009 international com- has not discouraged the lynch mobs, and BJP-
petition involving 74 countries (the Program ruled states seem keen on blaming Muslims
for International Student Assessment) India rather than Hindus when there is communal
came next to last, even though it was repre- violence. An analysis by IndiaSpend, a non­
sented by its two best-educated states.40 governmental organization specializing in
Two reforms can greatly improve the ac- fact checking and policy analysis, showed
countability of teachers to the communi- that 97 percent of the cow-related violence
ties they serve, and hence incentivize greater that has taken place in India from 2010 to
teaching quality and attendance. One is edu- 2017 was reported after Modi’s government
cational vouchers. The other is a shift from came to power in 2014—and half of these
teachers appointed by state governments to cases were from states governed by the BJP.43
teachers that can be hired, fired, and disci- The BJP also accuses Muslims of “love
plined by local governments. jihad”—trapping Hindu girls into marriage
9


with the ulterior motive of converting them. to the government to spend), Modi avoided
When a Muslim boy marries a Hindu girl, the appointing another professional and instead Under Modi,
girl’s parents often complain that their daugh- appointed a trusted bureaucrat to the post.46 religious
ter has been kidnapped or brainwashed, and The police have become notorious for be-
the police in many states are quick to arrest ing selective in whom they arrest, such as
minorities feel
the couple. In one celebrated case, the couple Muslims accused of transporting cows to insecure and
fought all the way to the Supreme Court to slaughter. Many Muslim transporters have persecuted,
get their marriage validated and the charge of been lynched, and one was killed by a mob on
a deplorable
forcible marriage thrown out.44 the mere suspicion that he had eaten beef (a
Hindu violence against Christians is large- charge that turned out to be false).47 A judge situation
ly based on accusations that they are forcibly has complained that public prosecutors in one that the next
converting Hindus, whereas Christians say case let Hindu militants off the hook by delib- government
all conversions are voluntary. Religious con- erately presenting a weak case.48 Christians
should


version is legal in India, but not if it is done say that any criticism of Hindus leaves them
through inducements or threats. In practice, open to arrest on the false ground of attempt- redress.
says John Dayal, secretary general of the All ing forcible conversion (which is illegal). Old
India Christian Council and a well-known colonial laws on sedition have been used freely
TV commentator, charges of forced conver- to lock up inconvenient activists and journal-
sion can mean “anything from praying for ists.49 An 80-year-old writer, Hiren Gohain,
Jesus to heal you to offering to put you in a activist Akhil Gogoi, and journalist Manjit
Christian hospital or school, or making a pay- Mahanta were arrested in Assam for sedition
ment in American dollars or British pounds.” in an attempt to stifle their protests against
The violence is worst in BJP-ruled states. the national government’s proposed amend-
Christianity came to India 2,000 years ago ments to India’s citizenship law. Delhi police
with St. Thomas, yet Christians constitute have charged ex–Jawaharlal Nehru University
only 2.3 of India’s population—an indica- Students’ Union president Kanhaiya Kumar
tion of the failure, rather than the success, of and nine others with sedition merely because
Christian attempts at conversion.45 of some slogans that were shouted at a stu-
India’s constitution bars discrimination dent rally.50 Many media corporations are re-
by the state or individuals on the grounds of luctant to criticize Modi by name for fear of
religion, and declares that India is a secular retribution.51
country. Under Modi, religious minorities feel In a recent interview, Raghuram Rajan, for-
insecure and persecuted, a deplorable situa- mer governor of the Reserve Bank of India, said
tion that the next government should redress. that the Modi government had not delivered on
its promise of minimum government and maxi-
mum governance. He felt that the government
STRENGTHENING INDIAN had assumed too many new powers without
INSTITUTIONS checks and balances. One result was a “depen-
Under Modi, the independence of many dent and pliant” private sector that felt safety
institutions has seriously eroded. These in- lay in applauding every government decision.52
clude the Reserve Bank of India (the central In the run-up to the 2019 election, a new
bank), the police-prosecutor system, educa- TV channel called NaMo TV (Na Mo in Hindi
tional institutions, and cultural organizations. are the initials of Narendra Modi) suddenly
After two professional Reserve Bank gover- appeared throughout India. It had no license
nors refused to toe the government line on a to operate. Yet all major cable and satellite TV
variety of issues (including the demonetiza- groups felt obliged to carry the channel since it
tion of high-value currency notes, expanding was obviously backed by the prime minister. It
bank credit, and handing over bank reserves spouted pro-BJP rhetoric and carried endless
10


replays of Modi’s speeches. Neither the police also guilty of trying to subvert independent
The next nor the administration intervened. The BJP institutions in its time. But the problem has
government claimed it does not own the channel and that worsened under Modi in the last five years.
it merely provides content. TataSky, a cable The next government should take steps to re-
should operator, says it is airing NaMo TV not as a store institutional independence.
take steps separate channel (which would need a license)
to restore but as a “special service.” Opposition parties
institutional approached the Election Commission and CONCLUSION
courts to stop the channel. But the very fact In sum, Modi’s 2014 election slogan of
indepen­


that NaMo TV could start operating with im- “Minimum Government, Maximum Gover-
dence. punity, and that all major carriers felt obliged nance” exactly epitomized the agenda that
to carry it, speaks volumes for the erosion of India needs. Alas, he neither minimized gov-
independent institutions and the rule of law.53 ernment nor maximized governance. Which-
The Congress Party, which has ruled most ever party comes to power after the May 2019
years since India’s independence in 1947, was elections needs to do so.
11

NOTES 16. Aiyar, “Rahul’s Minimum Income Plan Is Fatally Flawed.”


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18, 2019. Hindu Business Line (Chennai), February 21, 2018.

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body Stopping Them?” The Guardian (London), July 20, 2018. How Economic Growth in India Reduced Poverty and the Lessons for
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9. Swaminathan S. Anklesaria Aiyar, “The Alcoholic Mammaries
of the Welfare State,” Times of India (Mumbai), May 8, 2016. 25. Swaminathan S. Anklesaria Aiyar, “India’s New Protectionism
Threatens Gains from Economic Reform,” Cato Institute Policy
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26. Aiyar, “India’s New Protectionism Threatens Gains from
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27. Amiti Sen, “India Shrugs Off US Move to End Preferential
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fluence or Fiscal, Regulatory, Monetary Easing,” Indian Express
(Noida), January 11, 2019. 28. Swaminathan S. Anklesaria Aiyar, “Modi’s Biggest Feat:
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13. Surjit S. Bhalla, “Madness in Monetary Policy? Surjit Bhalla 17, 2015.
Explains Why that Is So,” Indian Express (Noida), August 19, 2017.
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Plan Is Fatally Flawed,” Times of India (Mumbai), March 31, 2019.
30. Vikas Pandey, “Rafale Deal: Why French Jets Are the Centre
15. Aiyar, “Rahul’s Minimum Income Plan Is Fatally Flawed.” of an Indian Political Storm,” BBC.com, September 26, 2018.
12

31. Lance E. Davis and Douglass C. North, Institutional Change 42. Barkha Dutt, “Will Modi Stop India’s Cow Terrorists from
and American Economic Growth (Cambridge: Cambridge Univer- Killing Muslims?” Washington Post, July 24, 2018.
sity Press, 1971).
43. Dutt, “Will Modi Stop India’s Cow Terrorists from Killing
32. Daron Acemoglu and James A. Robinson, Why Nations Fail: Muslims?”
The Origins of Power, Prosperity, and Poverty (New York: Crown,
2012). 44. Rahul Bhatia, “The Year of Love Jihad in India,” New Yorker,
December 31, 2017.
33. “Congress Releases Manifesto for 2019 Lok Sabha Elec-
tions, Promises Wealth and Welfare,” Economic Times (Mum- 45. Michael Safi, “Christmas Violence and Arrests Shock Indian
bai), April 3, 2019. Christians,” The Guardian (London), December 24, 2017.

34. Maaz Husain, “India Minorities Face Increased Sectarian At- 46. Mahesh Langa, “Shaktikanta Das Appointed RBI Governor,”
tacks,” Voice of America, April 28, 2017. The Hindu (Chennai), December 11, 2018.

35. Swaminathan S. Anklesaria Aiyar, “Twenty-Five Years of 47. Ayyub, “Mobs Are Killing Muslims in India.”
Indian Economic Reform,” Cato Policy Analysis no. 803, Octo-
ber 26, 2016. 48. “The Crisis in India’s Justice System,” Economic Times (Mum-
bai), May 29, 2019.
36. Aiyar, “Twenty-Five Years of Indian Economic Reform.”
49. “Anti-Sedition Law Needs the Bin,” Economic Times (Mumbai),
37. Aiyar, “Twenty-Five Years of Indian Economic Reform.” January 15, 2019.

38. Jean Drèze and Amartya Sen, An Uncertain Glory: India and Its 50. “Anti-Sedition Law Needs the Bin.”
Contradictions (New Delhi: Penguin, 2013).
51. Ravish Kumar, The Free Voice: On Democracy, Culture and the Na-
39. Amandeep Shukla, “ASER 2018: One Out of Every 8 Stu- tion, trans. Chitra Padmanabham, Anurag Basnet, and Ravi Singh
dents in Rural India Can’t Read Simple Texts,” Hindustan Times (New Delhi: Speaking Tiger, 2018).
(New Delhi), January 16, 2019.
52. Press Trust of India, “Raghuram Rajan Questions PM Mo-
40. Aiyar, “Twenty-Five Years of Indian Economic Reform.” di’s Minimum Government Maximum Governance Promise,”
Economic Times (Mumbai), March 28, 2019.
41. World Bank, “Domestic General Government Health Expen-
diture (% of GDP),” 2019, https://data.worldbank.org/indicator/ 53. Amy Kazmin, “Election Activists Want India to Tune Out of
SH.XPD.GHED.GD.ZS. Modi’s TV Channel,” Financial Times (London), April 5, 2019.

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