International Trade and Finance Law: Globalisation and Fdi in India
International Trade and Finance Law: Globalisation and Fdi in India
FINANCE LAW
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outsourcing and FDI. At the same time some Indian firms have
become global players. With an aim of making an efficient
economy challenges that India face in opening up its economic
barriers. It will also further discuss if FDI as a vector of Indian
Globalisation will help in economic development which in the
first is the main aim of Globalisation.
What is Foreign Direct Investment
Foreign Direct Investment (FDI) broadly encompasses any longterm investments by an entity that is not a resident of the host
country. Typically, the investment is over a long duration of
time and the idea is to make an initial investment and then
subsequently keep investing to leverage the host countrys
advantages which could be in the form of access to better (and
cheaper) resources, access to a consumer market or access to
talent specific to the host country - which results in the
enhancement of efficiency. This long-term relationship benefits
both the investor as well as the host country. The investor
benefits in getting higher returns for his investment than he
would have gotten for the same investment in his country and
the host country can benefit by the increased know how or
technology transfer to its workers, increased pressure on its
domestic industry to compete with the foreign entity thus
making the industry improve as a whole or by having a
demonstration effect on other entities thinking about investing
in the host country.
Types of FDIs1
By direction
Efficiency-Seeking
Investments which firms hope will increase their efficiency by
exploiting the benefits of economies of scale and scope, and
also those of common ownership. It is suggested that this type
of FDI comes after either resource or market seeking
investments have been realized, with the expectation that it
further increases the profitability of the firm
2 https.//en.wikipedia//wiki/foreign_direct_investment
Conditions in India
Pre-Independence Reforms:
Under the British colonial rule, the Indian economy suffered a
major set-back. An economy with rich natural resources was left
plundered and exploited to the hilt under the English regime.
India is originally an agrarian economy. Indias cottage
industries and trade were abused and exploited as means to
pave the way for European manufactured goods. Under the
British rule the economy stagnated and on the eve of
independence India was left with a poor economy and the
textile industry as the only life support of the industrial
economy.
Post-Independence Reforms:
Indias struggle post independence has been an excruciating
financial battle with a slow economic growth and development
which were largely due to the political climate and impact of
the economic reforms. The country began it transformation
from a native agrarian to industrial to commercial and open
economy in the post independence era. India in the post
independence era followed what can be best called as a trial
and error path. During the post independence era, the Indian
Economy geared up in favour of central planning and resource
allocation. The government tailored policies that focussed a
great deal on achieving overall economic self-reliance in each
state and at the same time exploit its natural resource. In order
to augment trade and investments, the government sought to
play the role of custodian and trustee by intervening in the
practice of crucial sectors such as aviation, telecommunication,
banking, energy mainly electricity, petrol and gas.
The policy of central planning adopted by the government
sought to ensure that the government laid down marked goals
to be achieved by the economy thereby establishing a regime
3 https://www.calubindia.com/articles/foreign-direct-investment-in-india-fdi
PERMITTED SECTORS5
In the following sectors/activities, FDI up to the limit indicated
against each sector/activity is allowed, subject to applicable
4 www.rbi.org.in
5 Ibid 4
Sector/Activity
% of FDI Entry
Cap/Equity Route
AGRICULTURE
1
Automatic
a)
Floriculture,
Horticulture, Apiculture
and
Cultivation
of
Vegetables
&
Mushrooms
under
controlled conditions.
b) Development and
production of Seeds
and planting material.
c) Animal Husbandry,
6 Gautam Raj, Report on Foreign Direct Investment, MSR institute of
Management
Pisciculture,
Aquaculture
under
controlled
conditions
and
d) services related to
agro and allied sectors
NoteBesides
the
above, FDI is not
allowed in any other
agricultural
sector/activity
2
Tea Plantation
Tea sector including tea 100%
plantations.
NoteBesides
the
above, FDI is not
allowed in any other
plantation
sector/activity
Governme
nt
Mining
a)
Mining
and
Exploration of metal
and non metal ores
including
diamond,
gold,
silver
but
excluding
titanium
bearing minerals and
its ores; subject to
Mines and Minerals
(Development
&
Regulation) Act, 1957.
b)
100%
Automatic
c)
Automatic
Automatic
Governme
nt
Automatic
Governme
nt
Manufacturing
Manufacture of items reserved for production in
Defence
Defence
Industry 26%
subject to Industrial
license
under
the
Industries
(Development
&
Regulation) Act 1951
Service Sector
a)
Broadcasting
Terrestrial
Broadcasting
FM
(FM Radio) subject to
such
terms
and
Governme
nt
26%
(FDI, Governme
NRI & PIO nt
investments
and
49%
(FDI, Governme
NRI & PIO nt
investments
and
portfolio
investment)
Directto-Home subject
to
such
guidelines/terms
and
conditions as specified
from time to time by
Ministry of Information
and Broadcasting
49%
(FDI, Governme
NRI & PIO nt
investments
and
portfolio
investment)
Within this
limit,
FDI
component
not
to
exceed
20%
system
comprising
of
cable/optical fibres network.
infrastructure
74% (total
direct and
indirect
foreign
investment
including
portfolio
and FDI
of
Automatic
up to 49%
Governme
nt
route
beyond
49% and
up to 74%
Setting up hardware
facilities such as uplinking, HUB etc.
1) Setting up of Up- 49% (FDI & Governme
linking HUB/ Teleports
FII)
nt
(2) Up-linking a Non- 100%
News & Current Affairs
TV Channel
Governme
nt
b)
c)
Print Media
Publishing
of
Newspaper
and
periodicals dealing with
news
and
current
affairs
26%
(FDI Governme
and
nt
investment
by
NRIs/PIOs/FI
I)
Publication of Indian
editions
of
foreign
magazines dealing with
news
and
current
affairs
26%
(FDI Governme
and
nt
investment
by
NRIs/PIOs/FI
I)
Publishing/printing
of 100%
Scientific and Technical
Magazines/specialty
journals/
periodicals,
subject to compliance
with
the
legal
framework
as
applicable
and
guidelines issued in
this regard from time
to time by Ministry of
Information
and
Broadcasting.
Governme
nt
Governme
nt
Civil Aviation
Airports
(a) Greenfield projects
100%
Automatic
d)
Air
Services
100%
Transport
1)
Scheduled
Air 49%
Transport
Service/ (100%
Domestic
Scheduled NRIs)
Passenger Airline
FDI
for
FDI Automatic
for up to 49%
Governme
nt
route
beyond
49% and
up to 74%
(3)
Helicopter 100%
services/seaplane
services
requiring
DGCA approval
e)
Automatic
up to 74%
Governme
nt
route
beyond
74%
Automatic
Automatic
FDI Automatic
for up to 49%
Governme
nt
route
beyond
49% and
up to 74%
Automatic
technical
institutions
training
f)
Governme
nt
Construction
Development:
Townships,
Housing, Built-up infrastructure
Townships,
housing, 100%
built-up infrastructure
and
constructiondevelopment projects
(which would include,
but not be restricted
to,
housing,
commercial premises,
hotels,
resorts,
hospitals, educational
institutions,
Automatic
recreational facilities,
city and regional level
infrastructure)
g)
Industrial Parks
new and existing
100%
Automatic
h)
Governme
nt
i)
Private
Agencies
Governme
nt
j)
Telecom Services
k)
Trading
l)
Security
49%
74%
Automatic
up to 49%
Governme
nt
route
beyond
49% and
up to 74%
Cash
&
Carry 100%
Wholesale
Trading/
Wholesale
Trading
(including
sourcing
from MSEs)
Automatic
E-commerce
activities
Automatic
100%
m)
Governme
nt
Single
Brand
product trading
51%
Governme
nt
Financing Services
Foreign investment in other financial services ,
other than those indicated below, would require
prior approval of the Government:
49%
paid-up
capital
ARC
of Governme
nt
of
n)
BankingSector
Public
Policy for
Commodity
Exchange
Automatic
up to 49%
Governme
nt
route
beyond
49% and
up to 74%
FDI
20%
(FDI Governme
and
nt
Portfolio
Investment)
26%)
p)
q)
Insurance
26%
Automatic
Automatic
Source: WIR-2014
Services
Construction
Telecommunication
Drugs &Pharmaceuticals
Automobile industry
Chemicals
Power
Metallurgical Industry
as compared to others. Service sector includes financial, banking, nonfinancial, outscoring, R&D, courier, tech, testing and analysis.8
FDI
(Rs GDP fc (Rs Crores)(y)
Crores) (x)
2006
-07
56,390
3952241
2007
-08
98,642
4581422
2008
-09
1,23,025
5282086
2009
-10
1,23,120
6133230
2010
-11
88,520
7306990
XY
56,3
90
3952
241
2,22,86,68,69, 3,17,98,3
990
2,100
1,56,20,20,89,
22,081
98,6
42
4581
422
4,51,92,06,28, 9,73,02,4
924
4,164
2,09,89,42,75,
42,084
1,23, 5282
025
086
6,49,82,86,30, 15,13,51,
150
50,625
2,79,00,43,25,
11,396
1,23, 6133
120
230
7,55,12,32,77, 15,15,85,
600
34,400
3,76,16,51,02,
32,900
88,5
20
6,46,81,47,54, 7,83,57,9
800
0,400
5,33,92,10,28,
60,100
27,26,55,41,6
1,464
15,55,18,68,20
,68,561
7306
990
To 4,89, 2725
tal 697
5969
sum x
sum y/N
X^2
51,03,95,
51,689
*
13347166251393
Y^2
2224527708565.5
0
502026452899
Denominat
3510385470771970000 592485060636.30
or
00000
After putting all the value in the equation, we get the value of
Karl Pearson co relation(r) is found to be +.85. It means
that there is high degree positive correlation between the FDI
and GDP at factor cost. Hence it is proved that with increase in
FDI there is increase in GDP of the country and hence economic
development.
Conclusion
Foreign direct investment has continued to play a significant
role in the Indias economy. From the above calculation, the
analysis shows that there is a positive relationship between the
FDI and economic growth, which the relationship is found to be
significant. Economy development of a country can be achieve
by encourage more foreign direct investment, which it can help
to create more employment in the country. In addition, advance
technology in production will trained more skilled labour;
therefore it will enhance the productivity and fulfil the
satisfaction and demand from the consumers. But, there is
negative effect on domestic producer, because they losing the
market power, since the foreign investor become monopoly in
the market. This indirectly will make the domestic producer
facing the difficulties to survive in the market in the long term
as foreign companies can achieve economy of scale with
advance technology. Foreign Direct Investment has thepotential
benefits for less developed countries.
FDI can help the host country improve its export performance
by raising the level of efficiency and the standards of product
quality. Further, because of the international linkages of MNCs,
FDI provides to the host country better access to foreign
markets and also the consumers stand to gain from FDI through
new products, and improved quality of goods at competitive
prices.
10 www.economywatch.com
BIBLOGRAPHY
Books: