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Changes in Foreign Investment Policies of Modi Administration

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Abstract

2015 is the first year of Modi in power. Upholding the friendly and open-minded attitude to foreign investment, Modi administration has further broadened the field of foreign investment, revised the foreign investment-related laws and regulations such as tax law, labor law, land acquisition law, bankruptcy law and intellectual property law, and introduced a new series of policies. Moreover, with “honest government” as a guide, it is also eliminating the corruption and inefficiency in the civil service system. However, affected by the domestic complicated political and cultural environment, Modi’s New Deal has suffered varying degrees of obstruction. Incessant protests spread across the country. Important amendments to such laws as labor law and land law are trapped in the Parliament. Many of the reforms remain at the policy level, and are difficult to rise to the height of the law. In 2016, Modi administration found it necessary to seek a balance between “openness” and “protection” before it ultimately enables the Indian economic reform to get on the right track.

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Notes

  1. 1.

    British Financial Times, April 29, 2015; http://www.ftchinese.com/.

  2. 2.

    “A Wake-up Call”, India Today, Apr. 13, 2015.

  3. 3.

    Wang Hongjun: “On the Indian Foreign Investment Law System and Its Implications for China”, Inquiry into Economic Issues, No. 2 Issue 2009, p. 166.

  4. 4.

    S.P. Kothar, “India Needs to Attract Foreign Direct Investment to Accelerate Growth”, the Economic Times, Sep. 23, 2014, http://articles.economictimes.indiatimes.com/2014-09-23/news/54239387_1_much-fdi-foreign-direct-investment-gdp-growth.

  5. 5.

    “India has significantly Relaxed the Restrictions on Foreign Investors”, Reference News, November 12, 2015.

  6. 6.

    ET Bureau “Big Bang Move: Modi Government Announces FDI Reforms in 15 Sectors”, Nov. 10, 2015, http://articles.economictimes.indiatimes.com/2015-11-10/news/68165288_1_fdi-reforms-foreign-investment-promotion-board-proposals.

  7. 7.

    Any foreign company’s subsidiaries incorporated in India shall be treated as an Indian company.

  8. 8.

    Explanation 2.—For the removal of doubts, it is hereby clarified that “transfer” includes and shall be deemed to have always included disposing of or parting with an asset or any interest therein, or creating any interest in any asset in any manner whatsoever, directly or indirectly, absolutely or conditionally, voluntarily or involuntarily, by way of an agreement (whether entered into in India or outside India) or otherwise, notwithstanding that such transfer of rights has been characterised as being effected or dependent upon or flowing from the transfer of a share or shares of a company registered or incorporated outside India.

  9. 9.

    Simone Denyer, “India Frustrates Foreign Investors with Its Unpredictable Tax Policies”, Washington Post, April 2, 2011.

  10. 10.

    Nicole DeRosa, “Foreign Investors Challenge India’s Minimum Alternative Tax”, Withum on Wall Street, May 6, 2015, http://withumonwallstreet.com/2015/05/06/foreign-investors-challenge-indias-minimum-alternative-tax/.

  11. 11.

    “Foreign Investors Cry Foul Over Indian Tax Surpris”, Reuters, April 4, 2015, http://www.reuters.com/article/india-tax-idUSL4N0VC2V920150402.

  12. 12.

    “Foreign Investors Welcome India’s Retreat in MAT Tax Row”, Jagran Post News Desk, Sep. 2, 2015, https://in.finance.yahoo.com/news/foreign-investors-welcome-indias-retreat-113805947.html.

  13. 13.

    Victor Mallet and James Crabtree, “India Pulls Back From $6.4bn Tax Raid on Foreign Investors”, Financial Times, Sep. 1, 2015, http://www.ft.com/cms/s/0/17827294-50be-11e5-8642-453585f2cfcd.html.

  14. 14.

    Zou Song: “Indian Tax Reform Started” Tough Fight, people. com, August 13, 2015; http://world.people.com.cn/n/2015/0813/c1002-27454378.html.

  15. 15.

    “Centre and States Should Work to Adopt the Goods and Services Tax”, Jan 31, 2014, the Economic Times, http://articles.economictimes.indiatimes.com/2014-01-31/news/46870152_1_goods-and-services-tax-centre-and-states-value-added-tax.

  16. 16.

    PTI, “IMF Hopes India Will Implement ‘Critically Important’ Reforms”, the Economic Times, Feb. 5, 2016, http://zeenews.india.com/business/news/economy/imf-hopes-india-will-implement-critically-important-reforms_1852786.html.

  17. 17.

    21 Section of People's Daily on November 30, 2015.

  18. 18.

    Jaivir Singh, “Labour Law and Special Economic Zones in India”, Working Paper Series, Centre for the Study of Law and Governance, Jawaharlal Nehry University, pp. 21–22.

  19. 19.

    Wang Yufeng: “The New Government of India Intended to Make Major Changes in Labor Law”, China Business News, July 1, 2014.

  20. 20.

    R.C. Datta, Milly Sil, “Contemporary Issues on Labour Law Reform in India” An Overview”, Atlmri Discussion Paper, p. 54.

  21. 21.

    Li Yanfang: “India “September 2nd Strike” will Force Modi-led Government to abandon the Labor Law Reform Plan? ”, China Window, September 18, 2015.

  22. 22.

    Wang Xinyou: “India's Land System and Slum”, Manager’s Journal, No. 24 Issue 2009, p. 247.

  23. 23.

    Ibid.

  24. 24.

    Sebastian Morris and Ajay Pandey, “Towards reform of Land Acquisition Framework in India”, Economic and Political Weekly, Vol. 42, 2007, p. 2084.

  25. 25.

    http://www.indiahousing.com/legal-aspects/stamp-duty.html, visited on June 16th, 2012.

  26. 26.

    Land Acquisition Act, 1894, S. 41.

  27. 27.

    Song Guoming: “British Land Acquisition System”, the website of the Ministry of Land and Resources, http://www.mlr.gov.cn/wskt/flfg/201003/t20100327_713013.htm, August 26, 2014.

  28. 28.

    Li Lairu: “Indian Land Acquisition and Compensation”, Civil and Commercial Law Review, No. 54, p. 608.

  29. 29.

    Ibid.

  30. 30.

    Kevin Gray and Susan Francis Gray, Land Law, Oxford University Press, 2011, p. 564.

  31. 31.

    Shen Kaiyan et al.: “Two Decades of Economic Reform and Development in India: Theoretic, Empirical and Comparative Study (1991–2010)”, Shanghai People's Publishing House, 2011, p. 403.

  32. 32.

    TNN, “Activists, Academicians Protest New Land Acquisition Law”, the Times of India, Feb 3, 2015, http://timesofindia.indiatimes.com/city/chandigarh/Activists-academicians-protest-new-land-acquisition-law/articleshow/46102054.cms.

  33. 33.

    Universal Coaching Center, “New Bankruptcy Law Proposed in India”, Feb. 2, 2016, http://www.uccindia.org/new-bankruptcy-law/.

  34. 34.

    “India Needs A Modern Bankruptcy Law First”, the Economic Times, September 28, 2015, http://blogs.economictimes.indiatimes.com/et-editorials/india-needs-a-modern-bankruptcy-law-first/.

  35. 35.

    The bankruptcy provisions of the existing Indian Companies Act are set out in Article 433 and Article 434 thereof.

  36. 36.

    ET Bureau, “Bankruptcy Law Reform Committee Seeks Changes in Companies Act 2013”, the Economic Times, Feb 11, 2015, http://economictimes.indiatimes.com/topic/Bankruptcy-Law-Reform-Committee.

  37. 37.

    Gao Mei: “Bursts of Major Corruption Cases in India, 80% of the Contractors Recognized to Give Money before the Award of Contracts ”, Beijing News, May 26, 2015.

  38. 38.

    President of Indian Olympic Committee was Sacked and Arrested for Corruption in the Commonwealth Games, sina.com, April 27, 2011, http://sports.sina.com.cn/o/2011-04-27/14405552570.shtml.

  39. 39.

    Aman Sharma, “Cabinet Approves Refurbished Anti-corruption Law”, the Economic Times, Apr 29, 2015, http://articles.economictimes.indiatimes.com/2015-04-29/news/61653162_1_anti-corruption-law-sanction-corruption-act.

  40. 40.

    Swati Sharma, “11 Commandments for India’s Civil Servants Issued by Prime Minister Modi”, Washington Post, July 11, 2014, https://www.washingtonpost.com/news/worldviews/wp/2014/07/11/11-commandments-for-indias-civil-servants-issued-by-indian-prime-minister-modi/.

  41. 41.

    Zhang Junyi: “India Introduced the New Code for Civil Servants”, Reference News, August 9, 2014.

  42. 42.

    “Intellectual Property Law in India”, Nishith Desai Associates, June, 2015, p. 1.

  43. 43.

    Chen Yunyun: “Protection and Implication of Indian Patent Act for its Pharmaceutical Sector”, Jiangsu Science & Technology Information, November 2012.

  44. 44.

    Tom Giovanetti, “India's Modi Can Boost Foreign Investment by Protecting IP”, the Hill, Sep. 25, 2014, http://64.147.104.30/node/218810.

  45. 45.

    Hudson Institute, “Modi One Year On”, Hudson Institute Research Paper, July 2015, p. 29.

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Li, L. (2017). Changes in Foreign Investment Policies of Modi Administration. In: Wang, R., Zhu, C. (eds) Annual Report on the Development of the Indian Ocean Region (2016). Research Series on the Chinese Dream and China’s Development Path. Springer, Singapore. https://doi.org/10.1007/978-981-10-4693-3_8

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