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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