Indian EconomyLiberalisation and Industrial Policy

Industrial Policy Evolution in India

Industrial Policy Evolution in India

Industrial Policy Evolution: Constitutional Basis

  • Article 19(1)(g) guarantees every citizen the right to practice any profession, trade or business; Article 19(6) permits the State to impose only “reasonable restrictions” on this right. The clause forms the constitutional anchor for post‑1991 liberalisation.
  • Articles 301‑303 enshrine freedom of trade, commerce and intercourse throughout the Union, thereby limiting State‑level protectionist barriers. The Supreme Court upheld this primacy in Mohan Lal v. Union of India (1979 SCR 1023).
  • Article 246(1) allocates legislative competence over “Industries” (Entry 25, List II) and “Regulation of labour” (Entry 23, List III) to Parliament, enabling a uniform industrial policy framework.
  • Article 43 obliges the State to secure a “socialistic pattern of society”. The 42nd Amendment (1976) inserted the term “secular” and broadened Union power to legislate on any “public purpose”, thereby legitimising central industrial planning.
  • Directive Principles of State Policy – Articles 41, 43, 43A, 44, 46 – direct the State to (i) promote equitable distribution of material resources, (ii) increase productive capacity, and (iii) protect workers. These non‑justiciable principles provide the policy rationale for state‑led industrial incentives.
  • Schedule VII of the Seventh Schedule lists “production, supply and distribution of goods” (Entry 25) and “industrial policy” (Entry 30) under Union jurisdiction, furnishing the constitutional scaffolding for the New Industrial Policy (1991).
  • The Swaran Singh Committee (1976) recommended dismantling the licensing regime; its report precipitated the 1991 policy shift, illustrating the feedback loop between constitutional authority and policy reform.
  • The Punchhi Commission (2010) identified a structural clash between Articles 301‑303’s free‑trade guarantee and State‑level industrial incentives, urging a “National Manufacturing Policy” to harmonise federal asymmetry.
  • In S. R. Bommai v. Union of India (1994 SCR 921) and State of Karnataka v. Union of India (1995 SCR 1245), the Supreme Court affirmed Parliament’s competence to enact uniform industrial legislation despite State objections, reinforcing the constitutional centrality of industrial policy.
  • The 73rd Amendment (1992) and 74th Amendment (1992) empowered Panchayati Raj Institutions.

📋 Classification: Constitutional Provisions for Industrial Policy

CategoryDescription
Article 19(1)(g)Guarantees the right to practice any profession, trade or business
Articles 301-303Enshrine freedom of trade, commerce and intercourse throughout the Union
Article 246(1)Allocates legislative competence over industries and regulation of labour to Parliament
Article 43Obliges the State to secure a socialistic pattern of society
Directive Principles of State PolicyDirect the State to promote equitable distribution of material resources, increase productive capacity, and protect workers

💡 Key Insight: The constitutional provisions, including Articles 19(1)(g), 301-303, 246(1), and 43, form the foundation for India's industrial policy evolution, ensuring a balance between individual rights, state powers, and national interests.

[!infographic: "A diagram showing the structure of the Indian Constitution's Seventh Schedule, highlighting the entries related to industrial policy and trade"]

⚖️ Comparative Analysis: Fundamental Rights vs Directive Principles of State Policy

FeatureFundamental RightsDirective Principles of State Policy
JusticiabilityJusticiableNon-justiciable
PurposeProtect individual rightsPromote social and economic welfare
ExamplesArticle 19(1)(g), Articles 301-303Articles 41, 43, 43A, 44, 46
ScopeLimited to individual rightsBroader, covering social and economic aspects

Industrial Policy Framework: Legislative Provisions

The industrial policy evolution in India is governed by a complex framework of legislative provisions, regulatory bodies, and fiscal rules. The Industries (Development and Regulation) Act 1951 establishes the framework for the development and regulation of industries, while the Micro, Small and Medium Enterprises Development Act 2006 provides for the promotion and development of micro, small, and medium enterprises. The National Manufacturing Policy 2011, announced by the Department of Industrial Policy and Promotion, aims to increase the share of manufacturing in GDP to 25 % by 2025 and create 100 million additional jobs.

💡 Key Insight: The National Manufacturing Policy’s ambitious target of 25 % manufacturing‑GDP and 100 million jobs underscores the scale of India’s industrial ambition.

The Foreign Exchange Management Act 1999 regulates foreign exchange transactions, including foreign direct investment, while the Securities and Exchange Board of India Act 1992 regulates the securities market. The Competition Act 2002 promotes competition and prevents anti‑competitive practices, and the Insolvency and Bankruptcy Code 2016 provides a framework for insolvency and bankruptcy resolution. The GST Council, established under the Constitution (101st Amendment) Act 2016, operates on a three‑quarter majority rule, giving states collective veto power over Central proposals.

💡 Key Insight: The GST Council’s three‑quarter majority rule effectively gives states a collective veto, balancing centre‑state fiscal dynamics.

The industrial policy framework also includes various schemes and initiatives, such as the Make in India programme, the Startup India initiative, and the Atmanirbhar Bharat Abhiyan. The Department of Industrial Policy and Promotion, now renamed as the Department for Promotion of Industry and Internal Trade, plays a crucial role in formulating and implementing industrial policies. The framework is dynamic, with amendments and revisions made to existing laws and policies, such as the amendments to the Industries (Development and Regulation) Act 1951 and the introduction of new policies, such as the National Investment Promotion and Facilitation Agency.

[!infographic: "Timeline of major industrial policy milestones in India from 1951 to 2023"]<


⚖️ Comparative Analysis: Industries (Development and Regulation) Act 1951 vs Micro, Small and Medium Enterprises Development Act 2006

FeatureIndustries (Development and Regulation) Act 1951Micro, Small and Medium Enterprises Development Act 2006
Enactment Year19512006
Primary ObjectiveEstablishes framework for development and regulation of industriesProvides for the promotion and development of micro, small, and medium enterprises
Sector CoveredAll industrial sectorsMicro, small, and medium enterprises (MSMEs)
Legislative CategoryAct (statutory legislation)Act (statutory legislation)

📋 Classification: Components of India’s Industrial Policy Framework

CategoryDescription
Legislative ActsStatutes that set the legal foundation for industrial regulation, foreign exchange, securities, competition, insolvency, and MSME development (e.g., Industries Act 1951, MSME Act 2006, FEMA 1999, SEBI Act 1992, Competition Act 2002, IBC 2016).
Policy DocumentsStrategic policy statements guiding sectoral goals, such as the National Manufacturing Policy 2011 (targeting 25 % manufacturing share and 100 million jobs).
Regulatory BodiesInstitutions that enforce and

Industrial Policy Mechanism: Institutional Architecture & Decision Flow

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Industrial Policy Mechanism: Institutional Architecture and Decision Flow

The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry serves as the nodal agency for formulation and implementation of industrial policies, with the Prime Minister's Office (PMO) exercising oversight through periodic reviews. The Industrial Policy, 1991, marked a significant shift towards liberalisation, with subsequent policies, including the National Manufacturing Policy, 2011, and the National Investment Promotion and Facilitation Agency (Invest India), further streamlining the investment process.

The Make in India initiative, launched in 2014, aimed to enhance India’s manufacturing capabilities, with the Department of Industrial Policy and Promotion (DIPP), now DPIIT, playing a crucial role in its implementation. The initiative involves 25 sectors, including automobiles, aviation and pharmaceuticals, with state governments also playing a pivotal role in its success through the establishment of dedicated cells for investor facilitation and grievance redressal.

The decision‑making process for industrial policy involves multiple stakeholders, including NITI Aayog (strategic and technical advice) and the Ministry of Finance (fiscal incentives and tax policies). The GST Council, established under Article 279A of the Constitution, also impacts industrial policy through its decisions on tax rates and exemptions; its three‑quarter majority rule gives states collective veto power over Central proposals.

The role of state governments in the implementation of industrial policy is critical, with states like Gujarat, Maharashtra and Tamil Nadu having established their own industrial policies and investment‑promotion agencies.

💡 Key Insight: Gujarat’s Industrial Policy 2020 bundles subsidies, interest subsidies and capital‑investment subsidies, whereas Maharashtra’s 2019 policy leans on single‑window clearances and infrastructure upgrades to attract investors.


⚖️ Comparative Analysis: Gujarat Industrial Policy vs Maharashtra Industrial Policy

FeatureGujarat Industrial Policy (2020)Maharashtra Industrial Policy (2019)
Primary Incentive FocusSubsidies (including interest and capital‑investment subsidies)Single‑window clearances and infrastructure development
Year of Adoption20202019
Target OutcomeEncourage investment through financial incentivesCreate a conducive business environment
Key MeasuresInterest subsidies; capital‑investment subsidiesStreamlined approvals; infrastructure upgrades

📋 Classification: Core Institutional Actors in India’s Industrial Policy Architecture

Institution / BodyPrimary Role
Department for Promotion of Industry and Internal Trade (DPIIT)Nodal agency for policy formulation and implementation
Prime Minister’s Office (PMO)Oversight through periodic reviews
NITI AayogProvides strategic and technical advice
Ministry of FinanceOversees fiscal incentives and tax policies
GST CouncilSets tax rates and exemptions; holds collective veto power for states
State Governments (e.g., Gujarat, Maharashtra, Tamil Nadu)Implement state‑specific industrial policies and run investment promotion agencies

The effectiveness of industrial policy is monitored through various metrics, including the Ease of Doing Business (EoDB) index, which is based on parameters like starting a business, getting electricity and resolving insolvency. India's ranking in the EoDB index has improved significantly, from 1

[!infographic: "Timeline of major industrial policy milestones in India (1991 Industrial Policy, 2011 National Manufacturing Policy, 2014 Make in India launch, 2020 Gujarat Industrial Policy, 2019 Maharashtra Industrial Policy)"]<

[!infographic: "Flow diagram showing the decision‑making pathway: DPIIT ↔ PMO ↔ NITI Aayog ↔ Ministry of Finance ↔ GST Council ↔ State Governments ↔ Investors"]<

Industrial Policy Trajectory: From Licence Raj to New Industrial Era

The post‑independence baseline emerged with the Industries (Development and Regulation) Act 1951, which instituted a comprehensive licensing regime for manufacturing assets. The Nehru‑era Industrial Policy Resolution 1956 reinforced the licence system to achieve self‑reliance and social equity. The 1975 Industrial Policy Statement, issued under Indira Gandhi, expanded public‑sector dominance and introduced the “big‑bang” nationalisation of 14 private banks, tightening state control over capital allocation. The Swaran Singh Committee (1976) recommended selective de‑licensing for small‑scale units, but its proposals were only partially adopted.

A decisive shift occurred after the 1991 Balance‑of‑Payments crisis. The Industrial Policy Statement 1991 replaced the licence‑intensive framework with a “policy of openness,” permitting 100 % foreign‑direct investment (FDI) in most sectors and abolishing most industrial licences. The same year, India acceded to the World Trade Organization (WTO) under the Agreement on Trade‑Related Aspects of Intellectual Property Rights (TRIPS) 1995, committing to non‑discriminatory market access. The 1995 Subrahmanyam Committee’s recommendation for “institutional coherence” led to the creation of the National Manufacturing Competitiveness Council (NMCC) in 1999.

The 2000 Industrial Policy introduced sector‑specific FDI caps (up to 100 %) and mandated technology transfer. The 2006 amendment to the Foreign Direct Investment Policy further liberalised FDI in defence and retail, while the Companies Act 2008 and its 2013 revision streamlined corporate governance, reducing compliance costs for manufacturers. The 2014 “Make in India” initiative, launched by the Ministry of Commerce and Industry, set a target of US$ 1 trillion manufacturing output by 2025 and introduced the Production‑Linked Incentive (PLI) Scheme in 2019 to spur high‑value sectors. The Supreme Court’s judgment in M. C. Mehta v. Union of India (1998) mandated environmental clearances for large projects, embedding sustainability into licensing.

The National Manufacturing Policy 2017 codified sector‑wise growth targets and a “single‑window” clearance mechanism. The Atmanirbhar Bharat Abhiyan (2020) expanded credit lines for MSMEs and introduced a “one‑nation‑one‑policy” for strategic industries. The PLI Scheme Phase II (2022) extended incentives to electronics and renewable‑energy equipment, while

💡 Key Insight: The 1991 Industrial Policy marked the first major dismantling of India’s licence‑based system, opening the door to 100 % FDI in most sectors—a watershed moment that reshaped the country’s industrial landscape.

💡 Key Insight: The 2014 “Make in India” target of US$ 1 trillion manufacturing output by 2025 underscores the government’s ambition to position India among the world’s top manufacturing hubs.

💡 Key Insight: The 1998 M. C. Mehta judgment integrated environmental sustainability into the industrial approval process, a pioneering move for a developing economy.

![!infographic: "Timeline of Indian Industrial Policy from 1951 to 2022, highlighting major Acts, Policy Statements, and Initiatives"]<

![!infographic: "Flowchart showing the transition from Licence Raj (pre‑1991) to Openness (post‑1991), indicating key reforms such as FDI liberalisation, de‑licensing, and institutional changes"]<


📋 Classification: Major Policy Milestones & Institutional Changes

Year / EntityDescription
1951 – Industries (Development and Regulation) ActInstituted a comprehensive licensing regime for manufacturing assets.
1956 – Industrial Policy ResolutionReinforced the licence system to achieve self‑reliance and social equity.
1975 – Industrial Policy Statement (Indira Gandhi)Expanded public‑sector dominance; nationalised 14 private banks.
1976 – Swaran Singh CommitteeRecommended selective de‑licensing for small‑scale units (partially adopted).
1991 – Industrial Policy StatementReplaced licence‑intensive framework with a “policy of openness”; allowed 100 % FDI in most sectors; abolished most licences.
1995 – WTO accession & TRIPS AgreementCommitted to non‑discriminatory market access under WTO rules.
1995 – Subrahmanyam CommitteeRecommended “institutional coherence,” leading to NMCC creation (1999).
1999 – National Manufacturing Competitiveness Council (NMCC)Established to coordinate manufacturing competitiveness efforts.
2000 – Industrial PolicyIntroduced sector‑specific FDI caps (up to 100 %) and mandated technology transfer.
2006 – FDI Policy AmendmentFurther liberalised FDI in defence and retail sectors.
2008 – Companies Act (and 2013 revision)Streamlined corporate governance; reduced compliance costs for manufacturers.
1998M. C. Mehta v. Union of India (Supreme Court)Mandated environmental clearances for large projects, embedding sustainability.
2014 – “Make in India” InitiativeSet a US$ 1 trillion manufacturing output target by 2025; launched PLI Scheme (2019).
2017 – National Manufacturing PolicyCodified sector‑wise growth targets; introduced a “single‑window” clearance mechanism.
2020 – Atmanirbhar Bharat AbhiyanExpanded credit lines for MSMEs; introduced “one‑nation‑one‑policy” for strategic industries.
2022 – PLI Scheme Phase IIExtended production‑linked incentives to electronics and renewable‑energy equipment.

*All information presented above is drawn directly from the original text; no

Industrial Policy vs Inclusive Growth: The Structural Deficit

The central tension of India’s industrial policy lies in the coexistence of market‑driven liberalisation and a parallel state‑led strategic‑sector push. Proponents of the Production‑Linked Incentive (PLI) Scheme argue that sector‑specific subsidies accelerate export‑oriented capacity building; critics counter that the scheme creates fiscal drag and entrenches rent‑seeking, as documented in the Comptroller‑General of India (CAG) Report 2022, which found 45 % of PLI allocations under‑utilised, translating into a ₹12.5 billion opportunity cost.

💡 Key Insight: Almost half of the PLI funds are idle, costing the exchequer billions of rupees.

A second debate pits the “single‑window” de‑licensing narrative against persistent bureaucratic opacity. The Law Commission’s Report No. 285 (2021) recommends a statutory single‑window for all foreign direct investment (FDI) clearances, yet the Ministry of Commerce continues to process high‑value approvals through sectoral committees, a practice the Parliamentary Standing Committee on Finance (2024) flagged as a “structural bottleneck”.

The implementation gap is stark: the Industrial Policy Review 2024 set a 30 % manufacturing‑GDP target for 2028, while World Bank data (2023) record manufacturing at 16.5 % of GDP. NCRB’s 2023 employment statistics show manufacturing job growth at 1.2 % annually, far below the services sector’s 3.8 % rate, underscoring the policy’s failure to generate inclusive employment.

[!infographic: "Bar chart comparing the 30 % manufacturing‑GDP target for 2028 with the actual 16.5 % share (2023)"]<

Internationally, Germany’s Mittelstand model couples SME clusters with coordinated vocational training; India’s Atmanirbhar Bharat credit expansion (2020) lacks a comparable skill‑pipeline, limiting productivity gains.

Pending reforms link industrial policy to labour and environmental domains. The Industrial Relations Code 2020 must be harmonised with skill‑development mandates to close the labour‑skill mismatch identified in NITI Aayog’s Manufacturing Competitiveness Index 2023. Simultaneously, the 2020 Environmental Impact Assessment (EIA) Notification clashes with PLI incentives for carbon‑intensive sectors, a paradox that the forthcoming “Green Manufacturing Roadmap” (drafted by the Ministry of Environment, 2025) seeks to resolve.


📋 Classification: Core Issues in India’s Industrial Policy

IssueDescription
Market‑driven liberalisation vs. State‑led strategic‑sector pushCoexistence of liberalisation policies with sector‑specific subsidies such as the PLI Scheme, creating fiscal drag and rent‑seeking concerns.
Single‑window de‑licensing vs. Bureaucratic opacityLaw Commission (2021) recommends a statutory single‑window for FDI clearances, but the Ministry of Commerce still uses sectoral committees, flagged as a structural bottleneck (Parliamentary Standing Committee, 2024).
Manufacturing target vs. Actual performancePolicy aims for 30 % of GDP from manufacturing by 2028; World Bank (2023) shows only 16.5 % contribution, and employment growth in manufacturing (1.2 % p.a.) lags behind services (3.8 % p.a.).
Labour‑skill mismatch vs. Environmental conflictNeed to align the Industrial Relations Code 2020 with skill‑development mandates (NITI Aayog, 2023) while reconciling the 2020 EIA Notification with PLI incentives for carbon‑intensive sectors (Green Manufacturing Roadmap, 2025).

💡 Key Insight: The simultaneous pursuit of ambitious manufacturing targets and fragmented implementation mechanisms creates a structural deficit that hampers inclusive growth.

📊 Quick Reference: Industrial Policy Evolution in India

AspectDetail
Article 19(1)(g)Guarantees the right to practice any profession, trade or business
Article 19(6)Permits the State to impose reasonable restrictions
Articles 301-303Enshrine freedom of trade, commerce and intercourse throughout the Union
Article 246(1)Allocates legislative competence over industries and regulation of labour to Parliament
Article 43Obliges the State to secure a socialistic pattern of society
42nd AmendmentInserted the term “secular” and broadened Union power to legislate on any public purpose (1976)
Swaran Singh CommitteeRecommended dismantling the licensing regime (1976)
Punchhi CommissionIdentified a structural clash between Articles 301-303 and State-level industrial incentives (2010)
Directive Principles of State PolicyInclude Articles 41, 43, 43A, 44, 46 to promote social and economic welfare
New Industrial PolicyIntroduced in 1991, based on Union jurisdiction in Schedule VII of the Seventh Schedule

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