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11. Engines without Drivers: Cities in India’s Growth Story

Author:
Partha Mukhopadhyay
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
It is now almost axiomatic that cities are the engines of growth. Historically, federal support programmes have focused on rural areas, but over the past fifteen years, the need to devise such programmes for urban local bodies has come to be recognised, with JNNURM in its various forms, being the most visible early manifestation. This trend has continued, even strengthened, in this government and among the menu of urban support programmes on offer from the Government of India, the vision of the city as the engine of growth is most clearly evident in the Smart City Mission, with its focus on area based development – like an engine within the city. Yet, even in the mainstream economics literature, while there is evidence for cities as places of higher productivity, there is less evidence for cities as drivers of growth – with learning being the primary driver and urban primacy being an important obstacle. The primary questions are whether cities are places of learning, whether there are identifiable mechanisms of such learning and the kind of city institutions – economic, social and political – that facilitate such learning. This paper will interrogate the empirical characteristics of such urban institutions in India in the context of the theoretical literature and learning mechanisms that emerge from international evidence. In particular, it will argue that the nature of the labour market, which is largely contractual, the transfer of rural fragmentation in social relations to cities and the absence of city-level political agency, all reduce the potential of the city as a location of learning economies. For cities to even have the possibility of being engines of growth, we need to ensure that drivers of these engines are in place and we have a mechanism to think about paths to follow.
Topic:
Development, Government, Urbanization, and Economic Growth
Political Geography:
South Asia, India, and Asia

12. Officiating Urbanisation: What makes a settlement officially urban in India?

Author:
Bhanu Joshi and Kanhu Charan Pradhan
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Financial incentives including government support grants for infrastructure creation, health and education development in many countries is contingent on where people live. In India, the allocation of critical government subsidies explicitly recognises urban population as a criterion for budgetary allocation. Yet, the fundamental question about what is an urban area and what does it entail to be recognised as an urban settlement in India remains understudied. This paper aims to understand the definitional paradigm of statutory towns in India. We create a novel dataset of all state laws in India on the constitution of urban local governments. We analyse the eligibility criteria that would qualify any area to become urban local bodies under the law in different states and find large variation among states. In our dataset, only fifteen of the twenty-seven states explicitly define and have laws on urban settlements. Within these fifteen states, we find that many small and transitional urban areas violate the eligibility criteria laid down by the state laws constituting them. We further find that states which do not provide statutory laws rely on executive fiat, i.e. it is the prerogative of the state government to declare the creation of a statutory town. What then becomes or “unbecomes” urban in these states is open to dispute. The full extent of this variation and reasons thereof can open up new avenues of scholarship.
Topic:
Government, Infrastructure, Urbanization, Budget, and Legislation
Political Geography:
South Asia, India, and Asia

13. “Now Is a Time to Lead:” Advancing Transitional Justice Initiatives through Local Governments in Nepal

Author:
Elena Naughton and Kelen Meregali
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Recently, Nepal implemented some significant long-awaited changes to its structure of government that present new opportunities for addressing the justice needs of conflict victims. On September 20, 2015, a new Constitution came into effect, replacing the interim Constitution promulgated in 2007, soon after the conflict ended. That constitution introduced a new federal structure of government that, among other things, vests local governments with 22 powers and areas of responsibility over which they have broad authority. Many of these powers can be exercised to establish policies and programs at the local level for fulfilling victims’ rights to truth, justice, reparation, and acknowledgment for the human rights abuses victims suffered during the war. Although local initiatives are not a complete substitute for a coherent national policy, these powers offer great potential for implementing measures to address promptly and directly a full spectrum of victims’ reparative needs, from the symbolic to the material. They encompass food, housing, employment and job creation, medical care, education, legal services, help obtaining official documentation, memorialization initiatives and other forms of public recognition, awareness-raising activities, and measures aimed at preventing the recurrence of human rights abuses. Many of these measures would fulfill fundamental rights guaranteed under the Constitution to all Nepal’s citizens, and additional rights secured there for vulnerable populations (such as the elderly, disabled, single women, those marginalized or indigent, and children). If designed to be reparative in nature, they could also fulfill victims’ rights to an effective remedy, including the right to “adequate, effective and prompt reparation,” as articulated by the UN General Assembly in its Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Guidelines). This report aims to help local governments, victims’ groups, and other stakeholders to understand the scope and potential inherent in these powers and to identify what local governments and others can do to design and implement initiatives that support victims of conflict and that fulfill this potential. To this end, this report looks closely at the provisions of the 2015 Constitution and the Local Government Operationalization Act 2074 BS (2017 AD). It also considers the essential role local governments can play in crafting and coordinating responses alongside national-level institutions that are advancing transitional justice processes, such as the Truth and Reconciliation Commission (TRC), the Commission on Investigation of Enforced Disappearance of Persons (CIEDP), and the National Human Rights Commission (NHRC). Additional consideration is given to the provisions of the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act (the TRC Act), 2071 (2014), and the requirements established therein for local government cooperation and engagement with ongoing transitional justice mechanisms. With offices within or near victim communities, local governments in Nepal are well situated to tailor initiatives to address victims’ particular needs. Coming as they do from out of the communities they serve, most local officials, including many who are victims themselves, are familiar with realities on the ground and nuances in the economy and in community practices that may affect whether a policy will benefit or might unintentionally harm victims, or could even exacerbate tensions within families or between neighbors. Many local officials speak and read the local languages and dialects victims speak and read. Also, many are privy to crucial differences among survivors’ experiences of war, as well as their current life situations. With access to information about existing services and knowledge of what is required to get things done locally, local governments offer real potential advantages for understanding and effectively responding to victims’ needs and for building the kinds of relationships needed to help bridge divides not only between and among victim populations, but also between victims and nonvictim communities in Nepal. With five-year terms in office (and eligibility for an additional term), local officials at each of the different levels of local government (e.g., municipal, village, and ward) should be able to plan and undertake not only short-term or targeted projects that respond to victims’ urgent needs but also long-term, subsistence-based projects that can provide victims with the benefits they need to create a more stable life for years to come. Many of these initiatives can begin while national policymakers in Kathmandu continue working on a comprehensive approach to transitional justice. National and local dimensions of transitional justice are not mutually exclusive; there is no reason local efforts cannot be designed in a way that meet victims’ needs for redress, in particular for the most vulnerable populations, while still meeting other government obligations, including those at the central and provincial levels. In fact, local governments working effectively now might relieve some of the pressures on the central government, by meeting victims most acute needs and collecting data and testing policies that could be implemented later at the national level. To do so, all levels of government across the federal structure will need to coordinate, communicate, and abide by the essential elements of good governance, including preventing corruption. Victim initiatives must be designed in such a way as to “do no harm” and to ensure that victims are treated fairly and with respect and dignity. As Nepal has learned from its experience implementing the Interim Relief Program (IRP)—which was hampered by significant shortfalls in design and implementation (including insufficient funding, a lack of coordination among key stakeholders, the exclusion of some categories of victims and the unequal treatment of others, and the politicization of application processes and eligibility determinations)—it is essential to consult with victims, to be sensitive to their needs and vulnerabilities, to acknowledge the violations they experienced, and to monitor and evaluate implementation to prevent discrimination. In all decisions and procedures, the safety, well-being, and dignity of victims must be considered and given priority. The victims will be paying attention. As one victim forcefully made the point, “We raise our voices. We do not give up. And we will not sit by in silence…I say to the government—listen to our voices, consider our demands. The challenges local governments will inevitably face are innumerable. At each stage of the process, local governments will confront significant hurdles as they exercise their powers to design, plan, and eventually implement programs benefiting their constituents, including Nepal’s many conflict victims. This report highlights some of these major challenges based on feedback obtained during consultations conducted in preparation of this report in some of the districts where conflict victims live. Immediate steps should be taken to monitor, address, and mitigate the following challenges
Topic:
Government, Governance, Transitional Justice, and Local
Political Geography:
Asia and Nepal

14. Government as Facilitator: How Japan is Building its Cybersecurity Market

Author:
Benjamin Bartlett
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Berkeley APEC Study Center
Abstract:
This paper explores Japan’s industrial policy toward cyber security. I begin by describing the perceived market failures with regard to cyber security, and the Japanese government’s rationales for intervention. Next, I briefly describe the institutions involved in Japan’s cyber security policy-making. I follow by discussing three models of Japanese intervention: government as provider, government as facilitator, and government as promoter. Then, I examine the factors that have led to this particular constellation of measures. Finally, I look at the effectiveness of these measures as well as make some concluding remarks about likely future trends.
Topic:
Government, Science and Technology, Cybersecurity, and Public Policy
Political Geography:
Japan and Asia

15. China’s 40 Years of Fiscal and Tax Reform: A Basic Trajectory

Author:
Peiyong Gao
Publication Date:
05-2018
Content Type:
Working Paper
Abstract:
The present paper describes the trajectory of China’s fiscal and tax reform in thepast 40 years, which can be summarized in five phases. The reform commenced with“decentralizing power and transferring benefits.” Then, under great fiscal pressure,institutional reform was instigated, which aimed to establish a new fiscal and tax system.To regulate the government revenue and expenditure beyond the fiscal and tax system,reforms were put in place to build an institutional framework for public finance. As thefiscal and tax reform had gradually entered the more sophisticated phases, China took aseries of measures to further improve the public finance system. Since 2012, based on theoverall plan of comprehensively deepening reform, China has embarked on establishinga modern public finance system. The present paper characterizes China’s fiscal and taxreform as gradually moving toward a system that aligns with the overall reform andcomplements the goal of marketization and modernization of state governance.
Topic:
Government, Governance, Finance, Economy, Tax Systems, and Fiscal Policy
Political Geography:
China and Asia

16. Comments on Draft National Energy Policy

Author:
Navroz K. Dubash, Partha Mukhopadhyay, Radhika Khosla, Shibani Ghosh, Ankit Bhardwaj, and Swetha Sridhar
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Draft National Energy Policy released by the Niti Aayog in June 2017 was a roadmap describing the priorities of the government with regards to India's energy future and a critical reference document for all actors working in this field. This working paper reflects the result of internal deliberations, aimed at understanding and reflecting on the draft NEP, with the aim of constructive feedback to NITI Aayog.
Topic:
Energy Policy, Environment, Government, Finance, and Legislation
Political Geography:
South Asia, India, and Asia

17. From Prior to Post: Legalising environmental violations?

Author:
Krithika A. Dinesh and Kanchi Kohli
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Between March 15 2017 and June 15 2017, 207 projects that violated the Environment Impact Assessment (EIA) Notification applied for an environmental clearance. These applications have come as a result of a notification that the Environment Ministry had passed on March 14th 2017 which gives an opportunity to projects that have violated conditions of the EIA Notification to apply for a clearance within a period of six months, ie by September 15. This notification was passed despite much criticism of the draft notification that was issued on 10 May 2016. The CPR-Namati Environmental Justice Program has analysed these applications to see what are the kind of geographical and sectorial spread of these violations and whether there are any trends emerging out of the applications that have come in till June 15. The Environment Ministry has already started looking at the applications through a Committee that has been set up for this. This Committee is headed by Dr SR Wate and had its first meeting on 22 June 2017. The Committee in its first meeting has examined ten applications. Out of these ten applications, the committee has already recommended seven for grant for a Terms of Reference subject to conditions. This working paper would be updated with the analysis of the applications that are coming in as well as the progress of these applications.
Topic:
Environment, Government, Natural Resources, Courts, and Legislation
Political Geography:
South Asia, India, and Asia

18. Mapping Dilutions in a Central Law

Author:
Kanchi Kohli and Debayan Gupta
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
For the last two years, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been in the eye of debate and discussed for the controversial changes the National Democratic Alliance (NDA) government had sought to bring about through ordinances. Even though fate of the amendments rests currently with the Joint Parliamentary Committee report, several states have already brought about changes through Rules under Section 109 of the Act. An examination of these state specific Rules reveals they are headed towards: Adopting the changes proposed in the ordinances amending the central law; Diluting the applicability of the progressive clauses like consent or SIA; Clarifying procedures for implementation at the state level. The United Progressive Alliance (UPA) government had replaced the Land Acquisition Act, 1894 with the newly enacted RFCLARR Act, 2013. Though critiqued for expanding the definition of public purpose to include the private sector, the new legislations had been welcomed by social movements, farmers groups and NGOs. This is primarily for the need for a Social Impact Assessment (SIA), the requirement for prior consent, food security provisions and clear compensation related provisions. What was also central to this discussion were the clauses which allow for unused land to be returned to original owners. The Rules framed by the States aim to make the process of land acquisition much simpler for investors. While certain States reduce the time period for the conducting of the SIA process or do away with it in its entirety, there are others who make reductions in the compensation award or modify the applicability of the retrospective clause. There are also States which directly adopt the provisions in the ordinance that aim to remove the requirement for consent from the land acquisition procedure. This working paper paper attempts to trace and analyse how the state governments have modified and built upon the central Act. It also looks briefly at litigation that has emerged especially around the applicability of the retrospective clause of the law, ie. which requires the return of unused land to original owners or reinitiating processes under the 2013 law.
Topic:
Development, Government, Law, Food Security, Land Law, and Social Policy
Political Geography:
South Asia, India, and Asia

19. Performing Poriborton

Author:
Bhanu Joshi, Ashish Ranjan, and Neelanjan Sircar
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In 2011, Mamata Banerjee and party, Trinamool Congress, stormed to power in West Bengal under the simple slogan poriborton (change). In this piece, Bhanu Joshi, Ashish Ranjan, and Neelanjan explore how Mamata went about demonstrating this change to the West Bengal, as well as the architecture of Trinamool Congress’ thumping victory in the 2016 state election.
Topic:
Government, Politics, Governance, Elections, and Social Policy
Political Geography:
South Asia, India, and Asia

20. Does Government’s Monitoring of Schools Work?

Author:
Kiran Bhatty and Radhika Saraf
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This study attempts to understand the effectiveness of education governance, specifically the monitoring function, through the perspectives of frontline officials in India. It locates institutions within social and political structures marked by deep inequalities and analyses the manner in which these institutional arrangements influence the behaviour of frontline officials. It finds that poor state capacities in terms of inadequate resources and systemic infirmities contribute significantly to ineffective monitoring. In addition, the social distance of frontline bureaucrats from their clients reinforces their low levels of motivation, preventing them from using discretion to achieve official objectives.
Topic:
Education, Government, Infrastructure, Governance, and Social Policy
Political Geography:
South Asia, India, and Asia