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Tight regulation vs discretion: Economic Survey pitches for transparency

"The reality of incomplete contracts leads to inevitability of incomplete regulation. This makes some discretion unavoidable," says the Survey

NCLT, Rules, Regulations
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The Survey pitches for enacting Transparency of Rules Act to end any asymmetry of information regarding rules and regulations faced by a citizen.

Jyoti Mukul New Delhi
Incomplete contracts and regulations in a world of uncertainty cause overregulation. Laying bare the pitfalls of regulations and discretion, the Economic Survey 2020-21 says it costs too much to foresee and describe appropriately the contractual outcomes for all (or even most) of the conceivable states of the world.

“Thus, the reality of incomplete contracts leads to inevitability of incomplete regulation. This makes some discretion unavoidable,” it said. In a complex and uncertain world, the actual outcomes or situations do not fit into neat boxes assumed in the regulation. Hence, the supervisor has to exercise some judgement. There is widespread belief that