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ARTICLE · 15 APRIL 2020

Why The Power Sector Deserves Exemptions To The IBC

It is an established fact that a robust power sector provides one of the fundamental underpinnings for modern socio-economic development.

IndiaEnergy and Natural Resources

Source: BloombergQuint

It is an established fact that a robust power sector provides one of the fundamental underpinnings for modern socio-economic development. While a series of legislative reforms by the government – beginning with the plan in 1990s to galvanise private sector investment in this sector and resulting in the Electricity Act, 2003 as a comprehensive legislation governing this sector – have sought to modernise different aspects of this sector, one of the peculiarities of the current architecture is that the private investor or producer inevitably deals with a state-owned monopoly for distribution.

It is indeed true that some segments of the sector have been opened up to private investment, and with reasonable success so far, however, the state and its instrumentalities have assiduously resisted the opening up of the most inefficient segment of this sector, i.e. the distribution and retail sale of electricity, to private investment and competition.

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