ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Kumar V PratapSubscribe to Kumar V Pratap

Autonomous Regulation and Regulatory Risk

The Ministries of Railways and Coal have recently opened up their passenger train and commercial coal mining segments to private participation. With this, there is a growing clamour for setting up independent sectoral regulators for these sectors. This article argues that railways and coal would be better off “regulating by contract” or that the independent sectoral regulators in related sectors may be given the regulatory responsibility of railways and coal, respectively.

 

The Increasing Incidence of PPP Project Cancellations in India

A spurt in the cancellation of public-private partnership projects in recent times can be attributted to macroeconomic crises, inherent problems in the water sector projects, and foreign sponsorship of these projects. Since giving the renegotiation relief to many of these projects seems to be problematic, cancellation is probably the only way for the government to elicit more realistic bidding from the private sector.

User Fees and Political and Regulatory Risks in Indian Public-Private Partnerships

Good quality infrastructure services have to be paid for, either by the users as user charges or by the government through explicit subsidies. The recent dismantling of toll booths in the country is increasing the political and regulatory risks in public-private partnership projects, as user fees as a revenue source dry up and there is no commensurate increase in government subsidy.

Floundering Public-Private Partnerships

Public-private partnerships are floundering in India, mainly due to the opportunistic behaviour of the private sector partners, regulatory uncertainty, and poor value-for-money to the government. What can be done to salvage the situation?

Delhi Airport Metro Fiasco

The latest public-private partnership project to fall through, the Delhi Airport Metro Express, brings to light fl aws in the concession agreement between the public and private parties. Improper risk sharing and aggressive bidding, coupled with the application of the jugaad principle, have led to contractual disputes resulting in the cancellation of the partnership.

Renegotiations in Long-term Infrastructure Contracts

Private participation in infrastructure development in India has been an important resource, but is at stake with recent developments, especially with regard to renegotiations, as they seek to override the Model Concession Agreements on unjustifi ed grounds. A comment on the implications of opportunistic renegotiations on public-private partnerships.

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