Keynote address by Mr Ajay Seth, chairman of the Insurance Regulatory
and Development Authority of India (IRDAI), at the release of Centre for
Regulatory Governance (CRG) report, titled "Regulatory Governance: The
Scope".
(Hosted in Mumbai, April 24, 2026.)
First
of all, I would like to congratulate the entire CRG team, and in particular,
Professor Subhomoy Bhattacharjee, who has picked up a very relevant topic for
economic governance in our country - Regulatory Governance.
In a
world which is export constrained, energy constrained, climate constrained, and
which is also facing plenty of risks, it is very imperative that we maximise
domestic levers for our growth. And when we focus on that area, appropriate
regulations by way of deregulations in various areas, as well as better
regulations in others, becomes a necessity for all of us.
The
economic argument for regulations is self-obvious - developing markets,
promoting competition, protecting interest of consumers - including public
safety, and ensuring fair market conduct. Addressing market failures which
often get linked with regulations, is also important. But that is not the core
purpose.
I will
add two more goals to this list - ensuring fair usage of public goods and
services and modifying behaviour of suppliers, consumers, users. But it boils
down to a choice between prescription or through nudge. My sense is - the
economic incentives or disincentives may be far more effective than
prescription - especially in a developing country like ours.
Of
course, the regulators also grapple with issues of allocative efficiency,
stability and distribution. Here again, a dilemma arises what should be the
right balance between Prescription and Principles.
An
activity that is easily reversible if found to be harmful or uneconomical or
detrimental to larger economic activities, should be largely governed by
principles rather than prescription.
Prescription
is needed for those activities which cannot be reversed, but have a
far-reaching impact and stability related concerns.
There
are several activities in the financial world that perhaps require a
prescriptive approach. I'll start with sectors dealing with merit goods like
education and health. We carry a challenge here, where there is a
non-segregation of roles related with policy making, regulating, as well as
provisioning of services. Here, the government is also a dominant service
provider. Where the roles are not separated, it becomes difficult to regulate
properly.
These
activities happen at a very large scale in the private sector also. There are
several areas related to usage of resources. The resources may be private, but
its usage should be done in a fair manner. The common resources should not be
depleted or damaged to the detriment of the overall society. This is in
reference to usage of land, permissions related to buildings, constructions and
approvals for various economic activities.
As I
mentioned in the beginning, the way forward has to be by way of deregulation,
as well as better regulations.
Deregulation
to my mind is not necessarily fair, but it means smart regulations and smart
oversight. It also involves building state capacity. Today, focusing on
domestic growth is not an option. Rather, it is a compulsion for us.
I'll
mention three significant initiatives which have been taken up
in recent years.
The
first initiative has been a task force on compliance reduction and
deregulation, which is chaired by the Cabinet Secretary. This is a very good
example of cross-agency coordination, iterative problem solving, and real-time
learning. Most of the reforms are being done with the co-ordination of the
State government and the Central government, so that friction in economic
activities can be removed. A good amount of progress has been made on the task
force recommendations. Within a few months of its constitution, 76% of the
recommendations have been implemented and another 10% are under implementation
- which is a good track record.
The
second major initiative has been initiating a high-level committee on
non-financial regulatory reforms, which is headed by a former Cabinet
Secretary. That committee is focusing on MSMEs, external trade, certification
bodies, compliances under Companies Act and environmental laws. Now, this is
again an example where the government is working actively towards improving
ease of doing business and reducing cost of compliance.
The
third major initiative, which was taken 5-6 years back, is the Jan Vishwas
Project. It is a structured approach to build trust-based governance and
decriminalize and rationalize offenses. This, again, goes on to smoothen the
process of economic activities.
What
is the idea of a better regulation? Regulations which are simpler, lighter, and
faster. They are key enablers of competitiveness. They rely upon evidence-based
decision-making. They achieve their objectives in the most efficient way.
In
this regard, I'll cite again three recent legislative pieces of work about
the insurance sector itself.
Sabka
Beema Sabki Raksha Bill was enacted by the Parliament in December 2025. Now,
one of the objectives of that Act is facilitating transparency in governance
and operations of regulated entities and the regulator. That was the first time
an Act was talking about transparency in governance of the regulator. Now, that
again is an indication of what the Parliament is telling us - that it has to be
a well-governed sector, and the regulator's conduct has to be fair and
transparent.
The
second piece of legislation which is in the making is the Securities Market
Code Bill, which has been introduced in the Parliament, and is being considered
by a Parliamentary Committee. This again, puts a very good framework as to how
the regulation should be made, implemented, and how there should be a division
of roles and functions within the regulator itself. This piece of legislation,
when enacted, will also go a long way in improving governance practices in our
country.
The
third piece of legislation was brought in by the RBI of its own initiative. It
was a regulation framework brought out in May 2025 for a structured,
consultative, evidence-based regulation.
It
needs to be mentioned that in the regulatory world, we quite often jump to
focus on how to regulate. But that would be very inappropriate for the economy.
Rather, we should ask five questions.
First - Why? What is the problem?
Second - When? The
timing for regulation - should it be regulated at the first instance of
something going wrong? Or, should there be enough patience to observe first.
Once, the problem becomes substantive, then one can regulate.
Third - Whom to regulate? Which
stakeholder in the supply chain or economic activity has the capacity to
correct the problem?
Fourth - Which activity to regulate?
Fifth - How to regulate?
So, as
we work towards a faster and more sustainable growth, we have to also look at
the kind of questions we ask while framing regulations.
I'll
close with one observation –
What should be the objective function of regulation?
Option
A - Should it be maximizing economic activity, subject to zero
non-compliance?
Or
option B - Minimizing the non-compliance with rules and regulations, subject to
maximum facilitation of economic activities?
To my
mind, given the country's growth and development aspirations, India needs
function B more than function A.
It was a pleasure talking to all of you, and I really look forward to seeing the report on regulatory governance issues, which CRG would be bringing out. Thank you very much.
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