India: Bull or Bear?
Sunday, January 13, 2013
India has a lot going for it. Unlike Britain, where our intellectuals mostly deserve our anti-intellectualism, its population is divided between those who are highly educated and those who are not but devoutly hope their children will be. It is the world's largest democracy, speaks the international lingua franca of business and is blessed with the Common Law system. The latter is well suited to economies in rapid development, as it makes for more flexibility in crafting novel contracts and means the courts can adapt the law to changing circumstances far faster than any legislature could.
Yet there are problems in India too. Mainly corruption, but also protectionism. Other emerging economies have joined the rich world by opening their minds as well as their borders. Russians can't trust their judges so they have allowed international lawyers to "offshore" the process of dispute resolution by the use of foreign arbitration. Purely Russian businesses often structure their contracts through offshore companies simply to have them governed by English Law and any disputes resolved in London. India's legal and political elites are so far having none of that. Their reforms to date allow foreign investment only in tightly-controlled circumstances under rules that make investors nervous both about repatriating profit and the eventual exit of their capital.Though its own companies are welcomed elsewhere with open arms, India is not truly open to foreign investors.
The local legal profession has recently also raised fundamental doubts about India's justice system as I blogged here. I accused the lawyers concerned of cowardice, but an Indian friend tells me they are more likely to be responding to political direction of some kind; that the Indian government probably doesn't want the accused men to be defended by anyone competent. That adds further gloom to an already dark picture. There is a well-established correlation between the rule of law, which requires an independent judiciary and legal profession to function, and economic development. Despised though lawyers often are in Britain, its attraction to international investors is largely based upon the fact that our contracts mean what they say (as interpreted by independent judges with the assistance of independent lawyers) and not what the government of the day wants them to say.
When English judges refuse to deport Berezovsky, the Russian government fulminates, but Russian business-men (and others in the growth markets of the world) are impressed by their independence. India's lawyers are not helping either to impress us with the quality of their courts and their profession or the ability of either to resist government influence.
Finally, there is the rather regal attitude of India's public servants. A neighbour visiting Bangalore emailed me today about the inscription over the pictured building, the local state legislature. It reads, incredibly,
Government work is God's work
Knowing my opinions of state power in general, he thought of me immediately!
Until such attitudes change, India cannot realise her great potential. It would be inconsistent of me to predict otherwise given that the increasingly godlike arrogance of the British state largely fuels my fears for our own future prosperity.
Government work is God's work
Lets hope that one R Murphy doesn't get wind of us. Its bad enough he has an audience for his drivel about the Courageous State without him invoking his god as well.
Posted by: SimonF | Tuesday, January 15, 2013 at 02:03 PM
The English profession *is* to be criticised for cooperating too much with government. I was horrified that we rolled over so easily to the notion of becoming secret policemen and denouncing clients behind their backs when in doubt about the source of their funds. Though it all stems from an EU Directive the French profession, to its credit, has never submitted. Likewise we should never have agreed to a regulatory regime framed by government. Our Leveson moment came earlier than Fleet Street's and we blew it - to the detriment of our independence one day. But the Law Society briefed Parliament beautifully against the wicked, habeas corpus threatening, Prevention of Terrorism Act that started me blogging. Most MPs didn't even read its cogent analysis; they trashed our ancient liberties as directed by the whips.
Posted by: Tom | Monday, January 14, 2013 at 01:53 PM
Hi Tom my very first comment on your blog put the blame on the legal profession for the illiberal policies that the government of the day was taking.I now see that to be a very naive view.Politics is a hard nut to crack. It seems that the only real way forward is for a momentum to build among the populace that will eventually see the correct way, after other ways have failed.I know that education is the way forward but so do the ideologues. My hope for the future lies in the Internet being uncontrolled and discernment being used by the surfers.
Have a great trip to the States.
Posted by: Peter Whale | Monday, January 14, 2013 at 08:59 AM