A new direction for PPPs?

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The case for a super-regulator to oversee private participation in India’s infrastructure sector

By Atul Sharma

Public-private partnerships (PPPs) in India’s infrastructure sector began about 13 years ago and were hailed as a breakthrough. One of the first major projects was the toll bridge between Delhi and Noida, popularly known as the DND flyway, which opened in 2001.

This has been followed by a slew of other developments, including airports, ports, roads, healthcare facilities and educational institutions. Collectively, these projects bear testament to the general viability of the PPP model for Indian infrastructure developments. However, they also highlight many of its shortcomings and pose difficult questions about whether India needs to reform its legislative and regulatory framework for PPP projects.

Current limitations

PPPs are governed by concession agreements – operation, management and development agreements – signed between the public authorities and private entities. The Planning Commission lays down a policy framework for PPP infrastructure projects, but does not provide sector-specific guidelines for concession agreements. This lack of clarity, particularly surrounding the identification of projects and the selection of private partners, leaves much scope for controversy.

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Atul Sharma is the managing partner of Link Legal, a Delhi-based law firm that focuses on infrastructure.

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