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By Way of Conclusion: Selected Issues in Designing a New Architecture for the Indian Financial Sector

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Book cover Critique of the New Consensus Macroeconomics and Implications for India

Part of the book series: India Studies in Business and Economics ((ISBE))

Abstract

As the threat of the global crisis receded in India, issues of financial architecture have become dominant, with the inception of the FSDC and the announcement of the FSLRC. We make out a case for a highly calibrated approach to the far-sweeping agenda marked out by the HPEC and CFSR (and largely but also more cautiously) endorsed by the FSLRC, especially as regards three issues: (i) the shift towards a principles-based system of R&S, (ii) instituting an integrated financial supervisory system and (iii) divesting the RBI of its banking supervision and public debt management responsibilities. The future success of financial reforms in India will be crucially contingent upon how successfully the regulatory architecture adapts to the competing dictates of financial development and financial stability, and the extent to which the regulatory and supervisory system succeeds in maintaining its independence from the government as well as market participants.

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Notes

  1. 1.

    The process of financial liberalization is usually viewed as encompassing four dimensions: (i) financial deregulation, (ii) financial innovation, (iii) market making and (iv) financial supervision.

  2. 2.

    Several examples of regulatory gaps and overlaps are furnished in CFSR (Chap. 6).

  3. 3.

    The list of responsibilities would be both macroprudential and supervisory and include periodic assessment of macroeconomic risks, the monitoring of large systemically important financial conglomerates and arbitration on inter-regulatory conflicts.

  4. 4.

    Similar remarks apply to the supplementary recommendations.

  5. 5.

    Rules define boundaries ex ante, while principles define them ex-post (Kaplow 1992).

  6. 6.

    Principles generally place more discretion at the hands of the regulator as compared to rules (Nelson 2005).

  7. 7.

    According to Ghoshray (2006), “Anchored in the text, structure and history of the statute, textualism seeks the most literal meaning, free from the perceptive idealism of broader social purpose”.

  8. 8.

    Unit Linked Insurance Plans (ULIPs) are similar to mutual funds with an added insurance component. In August 2009, a turf war erupted between the SEBI and IRDA over an order issued by SEBI banning 14 insurance companies from issuing ULIPs, with the IRDA countermanding this order. The matter was ultimately decided in favour of the IRDA through government intervention in June 2010.

  9. 9.

    Firstly, such an arrangement would overload the central bank with too many diffuse responsibilities. Secondly, since responsibility for the different market segments would most likely be vested in distinct departments of the central bank, old inter-regulatory rivalries and differing mindsets are likely to be now internalized interfering with the primary responsibilities of monetary and financial stability.

  10. 10.

    Empirical evidence on this is however, mixed. While Peek et al. (1999) in their empirical analysis of the Federal Reserve case, uncover complementarity between the R&S and monetary stability functions, Cihak and Podpiera (2008) find no such evidence in the diverse sample of countries they consider.

  11. 11.

    RSI is often confused with central bank independence (CBI), though as stressed in the literature (see Lastra 1996; Taylor and Fleming 1999; Quintyn and Taylor 2002), the two are conceptually distinct and need not necessarily coexist even when the regulation and supervision functions and the monetary policy functions are vested in the same authority.

  12. 12.

    There is a prolific literature on CBI. We only mention three recent publications, viz. Masciandaro and Volpicella (2016), Masciandaro and Romelli (2015) and Fels (2016).

  13. 13.

    A few important references on Regulatory capture/RSI are Baxter (2011), Etzioni (2009), Potter et al. (2014), etc., apart from the classic papers of Stigler (1971) and Becker (1985).

  14. 14.

    See De Krivoy (2000) for the Venezuelan experience of the mid-1990s, Lindgren et al. (1999) for the East Asian experience, Hartcher (1998) for Japan etc.

  15. 15.

    In the words of a very famous US central banker “it is just as important for a central bank to be independent of markets as it is to be independent of politics” (see Blinder 1997).

  16. 16.

    As a matter of fact, if this were the sole purpose, it could be easily accommodated by calling in such representatives as observers or witnesses and recording their testimonies.

References

  • Acharya, S. (2008, April 10). The Rajan report on finance: A piece of my mind. Business Standard.

    Google Scholar 

  • Armour, J., & Lele, P. (2008). Law, finance and politics: The case of India. ECGI-Law Working Paper No. 107/2008.

    Google Scholar 

  • Bank of International Settlements. (2009). International regulatory framework for banks (Basel III).

    Google Scholar 

  • Baxter, L. G. (2011). Capture in financial regulation: Can we channel it toward the common good? Cornell Journal of Law and Public Policy, 21, 175–200.

    Google Scholar 

  • Becker, G. S. (1985). Public policies, pressure groups, and dead weight costs. Journal of Public Economics, 28, 330–347.

    Article  Google Scholar 

  • Blinder, A. S. (1997). What central bankers could learn from academics and vice versa. Journal of Economic Perspectives, 11(2), 3–19.

    Article  Google Scholar 

  • Braun, G. P., Haynes, M., Lewis, T. D., & Taylor, M. (2015). Principles-based vs. rules-based accounting standards: The effects of auditee proposed accounting treatment and regulatory enforcement on auditor judgments and confidence. Research in Accounting Regulation, 27(1), 45–50.

    Article  Google Scholar 

  • Cihak, M., & Podpiera, R. (2008). Integrated financial supervision: Which model? The North American Journal of Economics and Finance, 19(2), 135–152.

    Article  Google Scholar 

  • Cunnigham, L. A. (2007). A prescription to retire the rhetoric of “principles-based systems” in corporate law, securities regulation and accounting. Vanderbilt Law Review, 60(5), 1411–1493.

    Google Scholar 

  • De Krivoy, R. (2000). Collapse: The Venezuelan banking crisis of 1994. Washington, DC: Group of Thirty.

    Google Scholar 

  • Debroy, B. (2000). Some issues in law reform in India. In J. Dethier (Ed.), Governance, decentralization and reform in China, India and Russia (pp. 339–368). London: Kluwer Academic Publishers.

    Google Scholar 

  • Dill, A. (2017, March 11). Prescriptive, “rules-based” regulation is key to enhancing cybersecurity in financial institutions. https://www.financecomplianceblog.kentlaw.iit.edu/single-post/2017/03/10/Prescriptive-%E2%80%9CRules-Based%E2%80%9D-Regulation-is-Key-to-Enhancing-Cybersecurity-in-Financial-Institutions.

  • Etzioni, A. (2009). The capture theory of regulations: Revisited. Society, 46, 319–323.

    Article  Google Scholar 

  • Fels, J. (2016). The downside of central bank independence. Pimco Macro Economic Perspectives.

    Google Scholar 

  • Financial Services Authority (FSA), U.K. (2009). A regulatory response to the global banking crisis. The Turner Review.

    Google Scholar 

  • Galanter, M., & Krishna, J. K. (2003). Debased informalism: Lok Adalats and legal rights in modern India. In E. G. Jensen & T. C. Heller (Eds.), Beyond common knowledge: Empirical approaches to the rule of law (pp. 96–141). Stanford: Stanford University Press.

    Google Scholar 

  • Ghoshray, S. (2006, Summer). To understand foreign court citation: Dissecting originalism, dynamism, romanticism and consequentialism. Albany Law Review, 69, 709–717.

    Google Scholar 

  • Goodhart, C. (2004). Some new directions for financial stability. The Per Jacobsson Foundation Lecture, Zurich.

    Google Scholar 

  • Government of India. (2016, June). Report of the task force on financial redress agency. https://dea.gov.in/sites/default/files/Report_TaskForce_FRA_26122016.pdf.

  • Government of India, Ministry of Finance. (2007). Report of the high-powered expert committee on making Mumbai an international financial centre. Percy Mistry, Chairman.

    Google Scholar 

  • Government of India, Planning Commission. (2009). A hundred small steps: Report of the committee on financial sector reforms. Raghuram Rajan, Chairman.

    Google Scholar 

  • Grunbichler, A., & Darlap, P. (2003). Regulation and supervision of financial markets and institutions: A European perspective. Vienna: Financial Markets Authority.

    Google Scholar 

  • Hartcher, P. (1998). “The Ministry”: How Japan’s most powerful institution endangers world markets. Boston, MA: Harvard Business School Press.

    Google Scholar 

  • International Monetary Fund (IMF). (2017). India: Financial system stability assessment. IMF Country Report No. 17/390.

    Google Scholar 

  • Jalan, B. (2012). Moneycontrol (13 October).

    Google Scholar 

  • Kaplow, L. (1992). Rules and standards: An economic analysis. Duke Law Journal, 42(3), 557–629.

    Article  Google Scholar 

  • Lall, R. (2009). Why Basel II failed and why any Basel III is doomed. University of Oxford, GEG Working Paper No. 2009/52.

    Google Scholar 

  • Lastra, R. M. (1996). Central banking and banking regulation. LSE: Financial Markets Group.

    Google Scholar 

  • Lindgren, C., Balino, T., Enoch, C., Gulde, A., Quintyn, M., & Teo, L. (1999). Financial sector crisis and restructuring: Lessons from Asia. IMF Occasional Paper No. 188.

    Google Scholar 

  • Masciandro, D. (2006). E Pluribus Unum? Authorities’ design in financial supervision: Trends and determinants. Open Economies Review, 17(1), 73–102.

    Article  Google Scholar 

  • Masciandaro, D., & Romelli, D. (2015). Ups and downs. Central bank independence from the great inflation to the great recession: Theory, institutions and empirics. Financial History Review, 22(03), 259–289.

    Article  Google Scholar 

  • Masciandaro, D., & Volpicella, A. (2016). Macro prudential governance and central banks: Facts and drivers. Journal of International Money and Finance, 61(C), 101–119.

    Article  Google Scholar 

  • Mohan, R., & Ray, P. (2017). Indian financial sector: Structure, trends and turns. IMF Working Paper No. WP/17/7. Washington D.C.: International Monetary Fund.

    Article  Google Scholar 

  • Nachane, D. M. (2012). India’s financial sector: The regulatory and supervisory landscape. The World Economy, 35(1), 32–43.

    Article  Google Scholar 

  • Nachane, D. M., & Shahidul Islam, M. (2011). How well has South Asia coped with the global financial crisis: Monetary management, regulation and market discipline. ISAS Working Paper No. 131. Singapore: Institute of South Asian Studies, National University of Singapore. Also available at https://www.isas.nus.edu.sg/wp-content/uploads/media/isas_papers/ISAS%20Working%20Paper%20131%20-%20Email%20-%20How%20Well%20Has%20South%20Asia.pdf.

  • Nelson, C. (2005). What is textualism? Virginia Law Review, 91(2), 347–376.

    Google Scholar 

  • Patnaik, R. K. (2015). Don’t rush the PDMA. Indian Express (12 May)

    Google Scholar 

  • Peek, J., Rosengren, E. S., & Tootell, G. M. B. (1999). Is bank supervision central to central banking? The Quarterly Journal of Economics, 114(2), 629–653.

    Article  Google Scholar 

  • Potter, M. R., Olejarski, A. M., & Pfister, S. M. (2014). Capture theory and the public interest: Balancing competing values to ensure regulatory effectiveness. International Journal of Public Administration, 37, 638–645.

    Article  Google Scholar 

  • Quintyn, M. & Taylor, M. W. (2002). Regulatory and supervisory independence and financial stability. IMF Working Paper No. WP/02/46.

    Google Scholar 

  • Ram Mohan, T. T. (2009). Ten regulatory lessons from the sub-prime crisis. Economic and Political Weekly, 44(11), 10–12.

    Google Scholar 

  • Rangarajan, C. (2012). No need for super-regulator. Times of India (29 October). https://timesofindia.indiatimes.com/business/india-business/No-need-for-super-regulator-C-Rangarajan/articleshow/17000088.cms.

  • Reserve Bank of India (RBI). (2010). Annual report 2009–10.

    Google Scholar 

  • Securities and Exchange Board of India (SEBI). (2010). Report of the committee for review of ownership and governance of market infrastructure institutions. Bimal Jalan, Chairman.

    Google Scholar 

  • Shah, A., & Patnaik, I. (2011). Reforming the Indian financial system. Working Paper No. 2011-80. New Delhi: National Institute of Public Finance and Fiscal Policy.

    Google Scholar 

  • Stigler, G. (1971). The economic theory of regulation. Bell Journal of Economics, 2, 3–21.

    Article  Google Scholar 

  • Subbarao, D. (2011). Financial stability mandate of central banks: Issues in the international and Indian context. https://www.bis.org/review/r110614b.pdf.

  • Taylor, M., & Fleming, A. (1999). Integrated financial supervision: Lessons of northern European experience. World Bank Policy Research Paper No. 2223.

    Google Scholar 

  • Wallison, P. J. (2007, July 6). America will prefer to rely on rules, not principles. Financial Times.

    Google Scholar 

Download references

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Nachane, D.M. (2018). By Way of Conclusion: Selected Issues in Designing a New Architecture for the Indian Financial Sector. In: Critique of the New Consensus Macroeconomics and Implications for India. India Studies in Business and Economics. Springer, New Delhi. https://doi.org/10.1007/978-81-322-3920-8_16

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