Public Enterprises in India: Evolution, Reforms, and Models

Rationale and Evolution of Public Enterprises

Question 1: Discuss the rationale and evolution of Public Enterprises in India since independence.

Answer:

Public Enterprises (PEs) in India, also known as Public Sector Undertakings (PSUs), were established with specific rationales that evolved over different phases since independence.

Rationale for Public Enterprises

  • Socialistic Pattern of Society: Inspired by the Nehru-Mahalanobis model, PEs were seen as instruments for achieving a socialist society with equitable distribution.
  • Capital Intensive Needs: Post-independence India lacked private capital for large infrastructure projects like steel, power, and heavy machinery.
  • Balanced Regional Development: PEs were deliberately set up in backward areas to promote industrial growth and reduce regional disparities.
  • Employment Generation: To create jobs on a massive scale and develop technical manpower.
  • Import Substitution: To reduce dependence on foreign imports and promote self-reliance.
  • Prevention of Private Monopolies: To curb concentration of economic power in private hands.
  • Strategic Sectors: To maintain government control over defence, atomic energy, and railways for national security.

Evolutionary Phases

  • 1947-1956 (Initial Phase): Limited to key sectors like steel (Hindustan Steel), heavy engineering, and utilities.
  • 1956-1991 (Expansionary Phase): Based on the Industrial Policy Resolution 1956, which reserved 17 industries for the public sector. Massive expansion occurred during this period.
  • 1991-Present (Reform Phase): Post-liberalization, the role changed from “controller” to “facilitator.” Focus shifted to disinvestment, privatization, and PPP models.

Current Status: There are now 10 Maharatna, 14 Navratna, and 73 Miniratna companies, with strategic disinvestment continuing as a key policy.

Types of Public Sector Organizations

Question 2: Distinguish between Departmental Undertaking, Statutory Corporation, and Government Company.

Answer:

BasisDepartmental UndertakingStatutory CorporationGovernment Company
1. FormationCreated as a department of a ministryCreated by a special Act of ParliamentRegistered under the Companies Act, 2013
2. Legal StatusNo separate legal entitySeparate legal entitySeparate legal entity
3. ManagementControlled by ministry officialsManaged by a Board appointed by the governmentManaged by a Board of Directors
4. FinanceBudget allocation from government treasuryInitial capital from government; can borrow51% or more share capital held by government
5. FlexibilityLeast flexible, bureaucraticModerate flexibilityMaximum flexibility
6. AccountabilityDirectly to Parliament through ministryTo Parliament through annual reportTo shareholders and regulators
7. ExamplesRailways, Postal Services, Defence ProductionRBI, LIC (until 2021), Air India (before corporatization)BHEL, NTPC, SAIL, ONGC
8. AutonomyMinimal autonomyConsiderable autonomy in operationsOperational autonomy but government control
9. StaffingGovernment service rules applyOwn recruitment rulesCompany’s service rules apply
10. AuditComptroller and Auditor General (CAG)CAG auditCAG audit if government share > 51%

Key Insight: The evolution from Departmental to Government Company represents increasing operational autonomy while maintaining public ownership.

The Memorandum of Understanding (MoU) System

Question 3: Explain the Memorandum of Understanding (MoU) system. Discuss its significance in performance appraisal.

Answer:

The Memorandum of Understanding (MoU) system was introduced in 1988-89 based on the Arjun Sengupta Committee recommendations to improve public enterprise performance.

Features of the MoU System

  • Contractual Agreement: It is a negotiated document between the PE and the administrative ministry.
  • Performance Parameters: Specifies physical and financial targets for the year.
  • Autonomy Package: Grants specific freedoms in return for achieving targets.
  • Two-Way Commitment: Both government and enterprise make commitments.
  • Grading System: Performance is rated as Excellent, Very Good, Good, Fair, or Poor.

Significance in Performance Appraisal

  • Shift from Control to Accountability: Moves from detailed control to result-oriented management.
  • Objective Evaluation: Provides measurable criteria for assessment.
  • Managerial Autonomy: Reduces day-to-day interference from ministries.
  • Improved Planning: Forces systematic target setting and resource planning.
  • Performance-Linked Rewards: Enables linking managerial rewards to achievements.
  • Transparency: Clear expectations for both parties.
  • Continuous Monitoring: Regular reviews ensure course correction.
  • Comparative Assessment: Allows comparison across similar PSUs.

Challenges: Sometimes targets are set too low; political interference continues; social objectives are hard to quantify.

Challenges and Revival of Public Enterprises

Question 4: What are the major problems faced by Public Enterprises in India? Suggest suitable measures for their revival.

Answer:

Major Problems Faced

  • Bureaucratic Delays: Excessive red tape and hierarchical delays in decision-making.
  • Political Interference: In appointments, location decisions, and operational matters.
  • Overstaffing: Manpower planning is often driven by employment goals rather than needs.
  • Low Productivity: Compared to private sector counterparts in similar industries.
  • Price Controls: Administered pricing prevents market-based decisions.
  • Social vs. Commercial Conflict: Dual objectives often conflict (employment vs. efficiency).
  • Obsolete Technology: Slow modernization due to procedural delays.
  • Financial Sickness: Many PSUs incur continuous losses.
  • Weak Marketing: Poor customer orientation and marketing strategies.
  • Industrial Relations: Frequent strikes and union issues.

Proposed Revival Measures

  • Strategic Disinvestment: In non-strategic sectors while retaining core areas.
  • Professionalization: Appointing professionals through the PESB with fixed tenures.
  • Operational Autonomy: Implementing the MoU system effectively with real autonomy.
  • Technology Upgradation: Special funds and faster clearance for modernization.
  • VRS Schemes: Voluntary Retirement Schemes to right-size the workforce humanely.
  • Performance Benchmarking: Comparing with global and domestic best practices.
  • Board Reforms: Strengthening independent directors and board committees.
  • Marketing Orientation: Training in modern marketing and customer service.
  • PPPs in Non-Core Activities: Outsourcing non-essential services.
  • Turnaround Specialists: Deploying specialized teams for sick PSUs.

Disinvestment in the Indian Context

Question 5: What is disinvestment? Explain its various methods and objectives in the Indian context.

Answer:

Disinvestment refers to the partial or complete sale of government equity in Public Sector Undertakings.

Objectives of Disinvestment

  • Resource Mobilization: To raise funds for budgetary needs and fiscal deficit reduction.
  • Improving Efficiency: Bringing market discipline and professional management.
  • Wider Share Ownership: Encouraging public participation in PSU ownership.
  • Reducing Government Burden: Freeing resources for social sectors.
  • Development of Capital Markets: Increasing market depth and liquidity.

Methods of Disinvestment

  • Public Offer (FPO/OFS): Selling shares to the public through stock exchanges (e.g., ONGC, Coal India).
  • Strategic Sale: Selling a substantial stake (≥51%) to a strategic investor with management control (e.g., BPCL, Air India to Tata).
  • Cross-Holding: One PSU buying shares of another PSU.
  • Warehousing: Financial institutions buying shares for later sale.
  • Golden Share: Retaining a 26% share with veto power in strategic sectors.
  • CPSE ETF: Exchange Traded Funds bundling multiple PSU shares (e.g., Bharat-22 ETF).
  • Employee Buyout: Offering shares to employees at concessional rates.

DIPAM (Department of Investment and Public Asset Management) is the nodal agency managing disinvestment since 2016.

Public-Private Partnership (PPP) Models

Question 6: Explain Public-Private Partnership (PPP). Discuss different models with examples.

Answer:

A Public-Private Partnership (PPP) is a long-term contractual arrangement between the government and the private sector for providing public assets or services, sharing risks and rewards.

Characteristics of PPPs

  • Long-term contracts (typically 15-30 years).
  • Risk sharing between partners.
  • Private financing and management.
  • Performance-based payments.
  • Focus on service delivery, not just asset creation.

Major PPP Models in India

  • BOT (Build-Operate-Transfer): Private partner builds, operates for a concession period, then transfers to the government (e.g., NHAI highway projects).
  • BOOT (Build-Own-Operate-Transfer): Similar to BOT, but the private partner owns the asset during the concession period (e.g., power generation projects).
  • BOO (Build-Own-Operate): Private partner permanently owns and operates (e.g., telecom infrastructure).
  • DBFOT (Design-Build-Finance-Operate-Transfer): Includes design in the private partner’s scope (e.g., Delhi and Mumbai airport modernization).
  • O&M (Operate & Maintain): Private partner operates an existing government asset (e.g., water treatment plants).
  • Hybrid Annuity Model (HAM): Government pays 40% during construction, and 60% as an annuity over the operations period (e.g., recent highway projects).

Advantages: Faster implementation, technical innovation, risk transfer, and efficiency gains. Challenges: Complex contracts, renegotiation issues, tariff setting disputes, and regulatory gaps.

Accountability Mechanisms for Public Enterprises

Question 7: Discuss accountability mechanisms for Public Enterprises in India.

Answer:

Public Enterprises in India operate under multiple accountability mechanisms:

  1. Parliamentary Accountability: Question Hour discussions, Parliamentary Committees (PAC, COPU), and annual reports laid before Parliament.
  2. Administrative Accountability: Through administrative ministries, Board appointments (PESB), and performance monitoring via the MoU system.
  3. Financial Accountability: CAG (Comptroller and Auditor General) audits, parliamentary scrutiny of audit reports, and internal audit systems.
  4. Judicial Accountability: Writ jurisdiction of High Courts and the Supreme Court, consumer courts, and SEBI regulations for listed PSUs.
  5. Social Accountability: Right to Information (RTI) Act 2005, social audits, and Corporate Social Responsibility (CSR) reporting.
  6. Market Accountability: Stock exchange regulations, credit rating agencies, and Competition Commission of India (CCI) oversight.

Challenges: Multiple accountability layers can lead to conflicting demands; excessive controls may hamper efficiency.

Impact of Privatization in India

Question 8: Critically examine the need for and impact of privatization in India.

Answer:

The Need for Privatization

  • Efficiency Improvement: The private sector is generally more efficient due to the profit motive.
  • Reducing Fiscal Burden: Loss-making PSUs drain government resources.
  • Technology Upgradation: The private sector brings faster technological change.
  • Global Competition: The need for competitiveness in a globalized economy.
  • Consumer Benefits: Better quality and lower prices through competition.

Positive and Negative Impacts

  • Positive: Improved efficiency (e.g., Maruti), better services in telecom and aviation, and revenue generation (₹4 lakh crore+ raised since 1991).
  • Negative: Potential job losses, allegations of asset undervaluation, creation of private monopolies, and neglect of social objectives in backward regions.

Balanced Approach: Strategic sectors (defence, atomic energy, railways) should remain public, while commercial enterprises can be privatized with adequate safeguards.

Organization Structure and Board Roles

Question 9: Describe the organization structure and role of the Board of Directors in Public Enterprises.

Answer:

Typical PSU Organization Structure

  • Shareholders: Government of India (majority shareholder).
  • Board of Directors: Supreme governing body.
  • Chairman & Managing Director (CMD): Chief Executive Officer.
  • Functional Directors: Finance, Personnel, Operations, Marketing.
  • Independent Directors: Professionals from various fields.
  • Government Nominees: Representatives from the administrative ministry.

Responsibilities of the Board of Directors

  • Strategic Role: Formulating long-term objectives and approving business plans.
  • Governance Role: Ensuring compliance with laws, risk management, and CSR oversight.
  • Monitoring Role: Reviewing financial performance and CEO evaluation.
  • Stakeholder Interface: Balancing commercial and social objectives.
  • Appointment Role: Senior management appointments and succession planning.

Challenges: Excessive government interference and conflicts between commercial and social goals. Recent Reforms: Institution of the PESB for professional selections and mandatory independent directors.

Pricing Challenges and Administered Pricing

Question 10: Explain pricing challenges and administered pricing in Public Enterprises.

Answer:

Pricing Challenges in Public Enterprises

  • Dual Objective Conflict: Profit maximization vs. affordable public services.
  • Cross-Subsidization: Some products subsidize others (e.g., diesel subsidizing kerosene).
  • Political Pressures: Prices kept artificially low for populist reasons.
  • Input Cost Volatility: Fluctuations in raw material costs.

Administered Pricing Features and Rationale

Administered pricing refers to prices fixed by the government rather than market forces. It is based on cost-plus formulas or social considerations.

  • Examples: Urea prices, essential medicines (DPCO), and railway fares.
  • Rationale: Social welfare, inflation control, and addressing market failures.

Problems with Administered Pricing

  • Financial Losses: PSUs suffer if costs exceed administered prices.
  • Quality Compromise: Cost-cutting affects service quality.
  • Fiscal Burden: Government subsidies increase the national deficit.

Recent Trends: Moving toward market-linked pricing (e.g., fuel deregulation) and direct benefit transfers (DBT).