A key calculation of the global alliance
of groups that have coalesced to oppose Prime Minister Narendra Modi is
that the decline in economic performance caused by Covid-19 and other
factors will result in a steady intensification of public discontent.
New Delhi: A collapse in commerce, reversal at the
hands of China and continued corona havoc are regarded as the keys that
would bring down the popularity of Prime Minister Narendra Modi and by
implication, the credibility of a government headed by him. While
millions of Covid-19 cases may have been avoided as a consequence of the
Great Indian Lockdown ordered by Modi on 24 March, the phobia about the
novel coronavirus caused by doomsday warnings about its effects is
continuing to affect business sentiment and economic prospects in India,
a situation expected to continue into 2021. About China, the assessment
of those eager to see a weakened Modi is that Beijing will continue to
nibble away at territory in a manner that would affect the confidence of
the public in his ability to protect the borders of India. A key
calculation of the global alliance of groups that have coalesced to
oppose Prime Minister Narendra Modi is that the decline in economic
performance caused by Covid-19 and other factors will result in a steady
intensification of public discontent. The assessment is that by the
close of 2020, such a change in mood and public support would ensure the
beginnings of a repeat of 2012, when Baba Ramdev became the face of a
mass movement against UPA 2.0. This was before then Gujarat Chief
Minister Narendra Modi took hold of the public imagination as a possible
saviour against governmental corruption and sluggish income growth. It
is unclear who the face of the planned movement against the Modi
government is expected to be this time around, except that it will not
be Rahul Gandhi. Having bossed over the Manmohan Singh government as
Heir Apparent of the Congress Party throughout the UPA decade, it would
have taken the skills of a Houdini for Rahul Gandhi as inheritor of the
UPA legacy to escape the charge of corruption that he flings with
alacrity against Modi. The results of the 2019 Lok Sabha elections were
decided from the moment Rahul Gandhi embraced the suggestion made by
seniors within his party that he be the party’s 2019 candidate for the
Prime Ministership of India. The decision by him to enter the PM
sweepstakes converted the 2019 electoral contest into a choice between
Rahul Gandhi and Narendra Modi as PM. The consequence was that the BJP
tally crossed 300 Lok Sabha seats in that poll, while the Congress Party
strength in the Lok Sabha fell in an unprecedented manner. There must
be glee within the NDA that neither Sonia Gandhi nor her designated
successor Rahul seems to be in any hurry to surrender control of the
Congress Party to any of the capable non-family individuals present in
an organisation that still has support within elements of the public.
Such backing is based on sentiment rather than on more tangible factors,
but sentiment and emotion have long been drivers of political choices
in India.
Although this has yet to happen, there is anxiety in Beijing as well
as among those opposed to Modi that he may soon take advantage of the
geopolitical opportunities created by the anti-China mood in the wake of
Wuhan being the epicentre of the pandemic. The government has the
strength to hold a Special Session of Parliament to put through measures
designed to push through fiscal and monetary policy that frees itself
of the Milton Friedman nostrums that are designed to keep the poor in
poverty, squeeze the middle class and reduce its numbers while at the
same time leaving the wealthy unscathed.
TRANSFORMATIONAL CHANGE INITIATED
A start at substantive structural reforms has been made during Modi
2.0 in Education and Agriculture, although in both fields additional
fine tuning is needed of the reforms undertaken. The government’s policy
options have to be secured from a much larger pool of talent than the
limited group comprising the higher bureaucracy and their long-term
contacts. Innovations which include substantial horizontal recruitment
and the resulting embedding of domain specialists need to be introduced.
Corrupt officials have to be identified continuously and removed from
responsibility rather than continue to do their dirty work undisturbed.
Several within the IAS, IFS, IRS, IPS and other services entered through
the ancient Chinese system of a single set of examinations are
motivated by a genuine desire to work for a better country, and such
reforms would be welcomed by the honest majority of officials. Indeed,
several officials have even before retirement migrated from the
administrative services to the private sector, and are doing very well
there. Only a minority within the administrative services have succumbed
to the lure of lucre and thereby betrayed the trust of the people, but
the harm done by such corrupt officials is often much more than the good
done by officials who belong to the honest majority within the
administrative services. This is especially the case when the political
interface becomes a force multiplier for corruption and its effects, as
has been repeatedly witnessed in India to the detriment of the country.
Corrupt officials form a network that protects each other, so that
accountability for past misdeeds has almost entirely been eliminated
from a system that prides itself on being inbred and resistant to
outside ideas and influence. In particular, any suggestion which reduces
the grip of the administration from the colonial-era levels it still
enjoys is thrown away without a second look. Central officials with a
vested interest in retaining discretionary powers well beyond what is
desirable in the interests of public policy seek to constantly expand
such powers at the national level, while their like-minded colleagues
work for the same expansion of discretion at the state level. Every
crisis is used by them for the purpose, including the reverberations to
public policy caused by the novel coronavirus. Since the 1950s,
policymakers in India have been talking of decentralised Panchayati Raj,
without taking the steps needed to devolve sufficient finances and
authority down the line of administrative jurisdiction. These are
matters requiring urgent attention during Modi 2.0, and the worry of
those opposed to Narendra Modi is that he will finally ensure such
changes, hence the intensifying effort to destroy his goodwill and
credibility especially within the middle class. This group is the link
between the poor and the wealthy, and forms the keystone of the economic
arch. By word of mouth and by other means, capsules of misinformation
are being disseminated about Prime Minister Modi that have been expertly
compiled to discredit him in the eyes of those who have long supported
him. The strength of the NDA government that has been in power since
2014 is that PM Modi is seen by millions as the protector of India from
chaos and the PM who can rescue India from the misery of low growth
rates. Unfortunately, thus far standard police methods have been used
against the tactics used by predators, such as the filing of multiple
FIRs and other methods relying on state power. Most such actions become
an exercise in futility. An example is the manner in which Vijay Mallya
is still living in comfort in the UK after officials in India turned
down his public offer to repay the principal and interest he owes to the
public banking system. Nirav Modi and his high-priced lawyers are still
smiling even as the exchequer bleeds as a consequence of the manner in
which banks have been drained of funds by him and by others too numerous
to mention. The list of those who have clandestinely secured a passport
of convenience as a prelude to escape overseas is growing. What is
needed urgently is a transformational change in the matrix of policy
that is designed to enhance the capability of the economy to begin
growing at an annual minimum of 9%. This floor rate is needed to enable
social stability to be maintained so as to create the conditions for
double digit growth rates spread over a generation. If Beijing could do
it, why not Delhi?
TERMITES IN THE STOCK MARKET
An institution affecting tens of millions of the middle class that is
vulnerable to attack by the anti-Modi coalition is the stock market. It
is here that “termites” have been at work undisturbed by multiple
regulatory agencies. Even before Covid-19 was released upon the world in
January 2020 by the WHO failing to warn countries in time to block
visitors from Hubei, there has been a succession of what agencies have
identified as market manipulations that have in their reckoning caused
immense financial harm to investors. Entities needing forensic
examination for their practices are listed by honest officials in
monitoring and regulatory agencies as including BMA Wealth Advisors,
Karvy Stockbroking, India Nivesh Securities, Allied Financial Services, V
Rise Securities, Anugrah Stockbroking and Modex Securities. Such
entities may deny that anything other than “routine errors” have been
made and that not wilful actions but “market changes” were the culprit
in the destruction of investor value. What is impossible to deny are
losses amounting to thousands of crores of rupees suffered by Indian
investors through their trust in entities indulging in questionable
activity in plain sight of somnolent (and seemingly complicit)
regulators. The losses made as a consequence of market mischief get
distributed amongst hundreds of thousands of investors, who almost
always lack the unity and political and financial reach and resources
necessary to secure justice through a legal system not always known for
speed in decisions. As a consequence, the perpetrators of such frauds
have thus far mostly escaped not merely penalties or prosecution, but
even detection. Their cabals enjoy official as well as political
protection. While some brokerage entities have been directly involved in
actions that have reduced hundreds of thousands of investors to penury,
greater effort needs to be made by North Block to bring to account the
entities responsible for the cheating of investors. These cabals include
the “PC Network”, who lead in their predatory behaviour. These also
include certain stock exchanges, depositories, clearing corporations and
professional clearing members. Ending the somnolence of regulators and
monitors such as the Economic Offences Wing in different states and SEBI
needs urgent attention by Prime Minister Narendra Modi and Finance
Minister Nirmala Sitharaman. International investor confidence in stock
markets in India is in danger of ebbing away as a consequence of market
manipulators functioning with the help of accomplices in levels of
authority. Confidence in the integrity of markets is essential if
genuine investors rather than vulture funds and arbitrageurs with
insider accomplices are to be motivated to invest substantially in the
Indian market. SEBI seems clueless about what is taking place, and as
for the EOWs, the less said the better. Police Constable (PC) methods
can never succeed in thwarting the sophisticated frauds and
manipulations that are taking place almost with impunity in certain
exchanges in India. All they do is create an illusion of accountability
that television anchors can declaim over until public attention moves on
to another subject and the inactivity of the agencies gets ignored in
the thrill of a fresh diet of “breaking news”.
MISUSE OF MARKET MECHANISM
A few brokerage houses can bring about a shock to the economic system
as would severely retard its prospects. Among the ways in which this
can be done (and gets done) include:
(a) transfer of client securities without authority (from the client);
(b) trading without authority (from the client);
(c) diversion of client funds and securities for covering losses
incurred in trading by brokers. This common and fraudulent practice
results in Ponzi schemes that eventually go bust at huge cost to
innocent investors who operate on the basis that regulatory and
monitoring agencies are watchful rather than sleeping at the wheel;
(d) utilisation of client funds and securities for proprietary trading by broker;
(e) diversion of client funds for other business such as real estate or lending to cronies.
While SEBI sleeps and the EOWs chase after diversions, such misuse of
the market mechanism takes place daily in a country where even
something as major as the co-location imbroglio has been swept under the
carpet as the matter involves an exchange that has long been favoured
by elements in North Block. Litigation does get resorted to by those who
have been affected by such frauds. However, such processes take years
if not decades to conclude, and are therefore hardly a disincentive. As
for the police, their lack of knowledge of the market gets added to the
propensity of corrupt elements to look the other way. This is once
“goodwill” gets distributed to corrupt officers and officials by brokers
who gladly hand over a small share of the moneys they have made at the
expense of the investor. Small wonder that even efforts at
accountability result in cases that drag on for years with no result and
which are initiated by charge sheets that are so riddled with
inconsistencies and inaccuracies that they get dismissed in court. It
was during the UPA period that such issues multiplied, with Union
Finance Minister P. Chidambaram not hiding his partiality towards
certain exchanges. This combined with an open display of hostility to
the business rivals of favoured entities. Thus far, Chidambaram has been
held to account only for pocket change rather than the substantial
amounts of money that flow from stock market manipulations. The PC
Network is making sure that the light shines on only a small patch. This
is in order to avoid a situation where the culpability in frauds and
sabotage of competing entities of those still in high positions gets
exposed.
The PC network ensures that its members be protected from discovery
or penalties in case any gets discovered, usually by accident. The
widespread dissemination of the PC Network within the financial
bureaucracy (including some regulatory agencies) has led to a sense of
invincibility amongst stockbrokers favoured by the network. These get
used in financial transactions which are not always ethical or even
lawful, of course with a blind eye turned towards them by somnolent
regulators. Such brokers are confident that the exchange & clearing
corporation (which would have to bail them out in case of defaults) has a
near perfect record of not discovering frauds until the last paisa has
been squeezed out of the unwary investor and diverted to the clearing
corporation. The record will show that this has happened in a miscellany
of cases, many involving a particular exchange that inspected such
trades only after the clearing corporation had received and used the
money that investors were persuaded to hand over in good faith. The
process ends with the clearing corporation walking away with the money
and securities of investors who run after a broker only to discover that
he has closed shop. The specific exchange that members of the PC
Network normally utilise will then declare the broker to be a defaulter,
so that no further arbitration is possible under the by-laws. The
exchange and clearing corporation gobbles up the fruits of the stolen
property of the investor. The existence of such trades, which were given
a boost during the Manmohan Singh years, is among the reasons why
genuine investors are wary of Indian markets, even the few unaffected by
practices which would ensure hefty fines and possible jail time in the
US but which escape with either no or negligible penalties in India.
This needs to change during Modi 2.0.
PROTECT GENUINE INVESTORS
PM Modi can protect investors by passing a law that would make the
clearing corporation repay funds to defrauded investors without the
latter having to go through the judicial mechanism. An amendment needs
to be incorporated into the SCRA which provides that in cases where
client funds and securities have been used to settle another client or
broker trades, the settlement will be void. The clearing corporation
being the central counter party should be obliged to return the funds or
securities to the affected clients. This is possible as the properties
lost through fraud vest with the clearing corporation, which is the
central counter party. Of course, exchanges and the clearing corporation
will resist such a move in favour of innocent investors. Once Prime
Minister Modi goes ahead with a necessary reform of the stock market,
the effect will be to force the exchanges to take up inspections
properly rather than simply for show. It will act as a disincentive to
exchanges to turn a Nelson’s eye to frauds being committed by
unscrupulous brokers and clearing members who are giving exchanges in
India a bad name by retaining the practices they perfected during the
UPA era. Of course, the clearing corporation would be entitled to
recover its dues through the processes of law. What is needed is to
avoid the protracted litigation that has become a commonplace, with
cases lingering on while defrauded investors suffer helplessly. Many
simply give up, as they lack the money needed to hire the expensive
lawyers needed for challenging the pricey advocates hired by the other
side. Stock market scams wiped out the urban Lok Sabha seats held by the
Congress regime under Narasimha Rao and the same happened to the BJP
government headed by A.B. Vajpayee. The effort is to ensure a similar
situation of political fallout in India, once again involving an
unscrupulous section of brokers together with lax oversight by
regulators. The present laws, regulations and administrative practices
have not kept pace with the way markets have evolved and the newer ways
of cheating the investor. This is the reason why cleansing and making
transparent the functioning of stock exchanges and ancillary trades
should be given high priority during Modi 2.0. Among the steps that
could be taken is to avoid cartels and monopolies by permitting
investors to access the market in ways more freely than at present.
Trust the citizen while keeping an eye out for the very few who betray
that confidence in the integrity of citizens of the world’s most
populous democracy. Change is needed in a situation where fraud has
become rampant and punishment of the perpetrator almost non-existent.
Every investor cheated of his or her money is a family ruined, something
that should be eliminated through discovery and punishment of offenders
in a manner that is the opposite of the past.
https://www.sundayguardianlive.com/news/stock-market-mayhem-key-weapon-anti-modi-alliance