Second guessing regulatory decisions by tribunals will reduce regulators to paper tigers: Rajan

RBI governor has also slammed the idea of a establishing a super regulator calling it "schizophrenic"

GN Bureau | June 18, 2014



The idea of setting up a unified financial sector regulatory body by a high level committee may not find a keen supporter in Reserve Bank of India governor Raghuram Rajan who has called it “somewhat schizophrenic”. In addition, he has also slammed the proposal to open up all regulatory decisions to a judicial review saying that the move could reduce regulators to a “paper tiger”, rendering them ineffective.

The above mentioned ideas along with a few others were mooted by the financial sector legislative reforms commission (FSLRC) in its report submitted in 2012. The FSLRC, set up in 2011 to review the regulatory structure in the financial sector, had recommended the setting up of a ‘super regulator’ for regulating the capital markets, insurance, commodities futures trading and pension funds. In addition it has also proposed that this unified regulator will manage internal capital flows and regulate bonds, currencies and derivatives trading, thus restricting the apex bank to purely look after monetary policy and functioning of banks.

The committee’s idea of setting up a financial sector appellate tribunal to review regulatory decisions has also been discouraged by Rajan who feels that this may “undermine the very purpose of a regulator”. Rajan argues that the setting up of a tribunal would mean constant interference in the functioning of regulatory bodies and that “people (will) trust the tribunal’s judgment but not that of the regulator”.

According to Rajan, “...to the extent that private parties with their high-priced lawyers can check the regulator, that healthy respect dissipates. So the final danger is that the regulator could become a paper tiger, and lose its power of influencing good behaviour, even in areas that are not subject to judicial review.”

Rajan added that second-guessing all regulatory decisions could also mean delay in the decision-making process which could bring the system to a standstill. “....a lot of regulatory action stems from the regulator exercising sound judgment based on years of experience. In doing so, it fills in the gaps in laws, contracts, and even regulations. Not everything the regulator does can be proven in a court of law.”

Taking the example of the securities appellate tribunal (SAT), which mostly questioned administrative decisions such as the size of penalties imposed by a regulator, etc, there is no problem. “But if it goes beyond, and starts entertaining questions about policy, the functioning of a regulator like the RBI, which has to constantly make judgments intended to minimise systemic risk, will be greatly impaired,” Rajan said.
 

 

Comments

 

Other News

What the US–Iran peace deal means for India

After months of rising tensions, the United States and Iran have reached a memorandum of understanding called the "Islamabad Agreement." This agreement allows for the immediate reopening of the Strait of Hormuz without tolls and provides Iran with relief from sanctions, depending on its complianc

V. M. Tarkunde: A legal luminary par excellence

14 Lawyers: Portraits from The Bar By Raju Ramachandran  Juggernaut, 248 pages, Rs. 799  

The Cost of Obesity

The latest episode of Checks and Balances focuses on the ticking time bomb of obesity in India, and Geetanjali Minhas of Governance Now spoke with a panel of experts. You can watch the episode here: https://youtu.be/mH

US-Iran deal: Path to peace or prelude to deeper regional quagmire?

In the midst of deep mistrust, the US and Iran are reported to have reached a framework deal for ending the West Asian conflict. But whether it will result in any meaningful breakthrough or pave the way for any lasting peace in the region, is in the realm of speculation.   During

Lived life, philosophy, spirituality and other enigmas

The Ashes Are Warm: Memories of a Lifetime Spent with UG Krishnamurti By Mahesh Bhatt and Sunita Pant Bansal Rupa Publications, 384 pages, Rs 495  

In Varanasi, fringe expansion vs. core heritage

For centuries, the urban framework of Varanasi was defined not just by its relationship with the sacred Ganga but by its multifaceted network of urban commons. Historic kunds, seasonal talabs (ponds), and open maidans served as the city’s basic ecological infrastructure. Th





Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter