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A Project Report on
 “RefoRms in indian financial system”

TOWARDS FULFILLMENT OF THE PROJECT REQUIREMENTS OF
  POST GRADUATE DIPLOMA OF MANAGEMENT STUDIES




                       SUBMITTED BY:

                         RAHUL JAIN

                         ROLL NO: 38

                        PGDM-EBIZ-1

                        BATCH-2011-13




                  UNDER THE GUIDANCE OF

                      Dr. ANIL RAO PAILA

       DEAN, WELINGKAR INSTITUTE OF MANAGEMENT

                             And

                   Dr. MADHAVI LOKHANDE

     Core Faculty, WELINGKAR INSTITUTE OF MANAGEMENT




  WELINGKAR INSTITUTE OF MANAGEMENT DEVELOPMENT AND RESEARCH,
                   ELECTRONIC CITY, BANGALORE
STUDENT DECLARATION


 I, Mr. Rahul Jain, studying in the First Year of Master of
Management Studies at Welingkar Institute of Management Studies,
Electronic City, Bangalore, hereby declare that I have completed the
project titled “Reforms in INDIAN FINANCIAL SYSTEM” as a part of
the course requirements for PGDM Programme.



I further declare that the information presented in this project is true
and original to the best of my knowledge.




Date:

Place:                                         (Signature of the student)
CERTIFICATE FROM THE INTERNAL GUIDE


I, Prof. Anil Rao Paila hereby certify that Mr. Rahul Jain, a student
for the Master of Management Studies course at Welingkar Institute
of Management Studies, Electronic City, Bangalore, has competed a
project on “Reforms in INDIAN FINANCIAL SYSTEM” under my
guidance during this year.



His work and output has been found to be satisfactory.




Date:

Place:                                         (Signature of the Guide)
Acknowledgement


This project was done in partial fulfilment of the requirements for
the Post Graduate Diploma of Management Studies. I would like to
thank and extend my warm regards to Mr. Vikas Jain, Vice President
(Factoring), HSBC Bank for his support and Dr. Anil Rao Paila, Dean,
Welingkar Institute of Management, Bangalore and also Dr. Madhavi
Lokhande, Core Faculty, Welingkar Institute of Management,
Bangalore for their guidance and support throughout the project. I
take this opportunity to thank all the people without whose help,
guidance and inputs it would not have been possible to make the
project report a success. Finally, I would like to thank all those who
were directly or indirectly related to my project.

The timely guidance of my mentors not only helped in making the
effort fruitful, but also transformed the whole process of learning
into an enjoyable and memorable experience. This project proved as
an excellent opportunity for me to apply the concepts learnt in the
course of my program at the institute. The three things which go on
to make a successful endeavour are dedication, hard work and
correct guidance.

I express heartfelt gratitude to Welingkar Institute Management for
giving me this opportunity which helped me in gaining knowledge
about Indian Financial Systems.




- Rahul Jain
EXECUTIVE SUMMARY
Financial sector reforms are at the centre stage of the economic liberalization that

was initiated in India in mid 1991. This is partly because the economic reform

process itself took place amidst two serious crisis involving the financial sector the

balance of payments crisis that threatened the international credibility of the

country and pushed it to the brink of default; and the grave threat of insolvency

confronting the banking system which had for years concealed its problems with

the help of defective accounting policies.

Moreover, many of the deeper rooted problems of the Indian economy in the early

nineties were also strongly related to the financial sector:

       Large scale pre-emption of resources from the banking system by the

       government to finance its fiscal deficit;

       Excessive structural and micro regulation that inhibited financial innovation

       and increased transaction costs;

       Relatively inadequate level of prudential regulation in the financial sector;

       Poorly developed debt and money markets; and

       Outdated (often primitive) technological and institutional structures that

       made the capital markets and the rest of the financial system highly

       inefficient.

Over the last six years, much has been achieved in addressing many of these

problems, but a lot remains to be done.
Table of content


1) Acknowledgement

2) Objective

3) Executive summary

4)   Introduction

5) Current Structure of Financial System

6) What changed in Recent Decades?

7) Need and Importance of Financial Sector

8) Banking and Credit Policy

9) Financial Innovations

10) Conclusion
1. Introduction


Strengthening financial systems has been one of the central issues facing emerging

markets and developing economies. This is because sound financial systems serve

as an important channel for achieving economic growth through the mobilization of

financial savings, putting them to productive use and transforming various risks.

Many countries adopted a series of financial sector liberalization measures in the

late 1980s and early 1990s that included interest rate liberalization, entry

deregulations, reduction of reserve requirements and removal of credit allocation.

In many cases, the timing of financial sector liberalization coincided with that of

capital account liberalization. Domestic banks were given access to cheap loans

from abroad and allocated those resources to domestic production sectors


A financial system is a network of financial institutions, financial markets, financial

instruments and financial services to facilitate the transfer of funds. The system

consists of savers, intermediaries, instruments and the ultimate user of funds. The

level of economic growth largely depends upon and is facilitated by the state of

financial system prevailing in the economy. Efficient financial system and

sustainable economic growth are corollary. The financial system mobilises the

savings and channelizes them into the productive activity and thus influences the

pace of economic development. Economic growth is hampered for want of effective

financial system. Broadly speaking, financial system deals with three inter-related

and interdependent variables, i.e., money, credit and finance.
2. Current Structure of the Financial System


   2.1   Finance and the Economy




In recent years, the Indian economy has grown sharply and has enjoyed high rates

of savings and investment. This has inevitably involved a substantial role for

finance as the intermediary between households and firms (Shah, Thomas, and

Gorham, 2008). Table 1 compares components of GDP at current prices for 2008-

2009 against the picture as seen one decade ago. The nominal rupee-dollar

exchange rate exhibited a depreciation of roughly 9% over this period. Hence, the

bulk of the change across this decade can be interpreted as a change expressed in

nominal dollars.

Over this decade, India went from being a medium sized developing country (with

an aggregate GDP of $379 billion in 1998-99) to being a member of the G-20 (with

an aggregate GDP of $1.13 trillion in 2008-09), with a rough tripling of aggregate

GDP. Alongside this, the savings rate went up dramatically from 24.13% to 34.65%.

This combination gave a 4.64 times rise in gross domestic savings: the financial

system which used to handle a flow of $91 billion of savings in 1998-99 was

handling $390 billion of savings in 2008-09.
In addition, the private corporate sector, which is the focus of the formal financial

system, came to play a bigger role in investment. Gross capital formation by the

private corporate sector grew from 7.67% of GDP to 13.53% of GDP over this

decade. There was a rise of 5.71 times: private corporate investment went from $29

billion in 1998-99 to $153 billion in 2008-09.

Through this combination of high GDP growth, rise in household savings, and a

bigger role for private corporate investment, the financial system has come to play a

more prominent role in the economy, and has achieved a significant size by world

standards.

Through these changes, the materiality of financial reform has risen. With $390

billion of household savings being produced a year, and $153 billion of private

corporate investment taking place a year, modest improvements in the capability of

the financial system would help accelerate growth.

Table 2 shifts focus to the financing structure of large companies. For each of the

two years (1998-99 and 2008-09), the aggregate balance sheet of all large non-

financial firms in the CMIE database is computed and shown. The overall balance

sheet grew much faster than GDP, with a rise of 4.52 times over the decade.

A pronounced deleveraging is visible. Equity, which used to be 33.94% of the

balance sheet in 1998-99, made up for 39.22% of the balance sheet in 2008-09.
Alongside this, the corporate debt market faded into insignificance: it grew by only

1.58 times, and went from 5.69% of the balance sheet in 1998-99 to 2.06% of the

balance sheet in 2008-09.

The evidence in Table 2 pertains only to large companies. In addition, banks do

lend to smaller, unlisted companies. In order to assess the role of banks versus the

equity market, Figure 1 juxtaposes the market capitalisation of the CMIE Cospi

index against the aggregate non-food credit of all banks. This shows that in the

comprehensive picture, bank credit is small in the Indian economy, when

compared with the market value of equities (Thomas, 2006a). This broad

relationship has held up even though there has been an unprecedented boom in

bank credit in the period under examination.



   2.2    Financial Repression



In most areas, the interaction between the Indian State and the economy is ruled

by sound procurement principles. As an example, purchases of steel or cement by

the government are done through auctions, where these commodities are

purchased from the lowest voluntary bidder. However, in the area of government
borrowing, the Indian State does not borrow from voluntary lenders. The bulk of

government bond issuance is forcibly placed with financial norms. These include

banks, insurance companies and pension funds. As an example, banks are forced

to hold atleast 24% of their assets in government bonds. The pension system

operated by the Employee Provident Fund Organisation (EPFO) is almost entirely

invested in domestic government bonds. Of the Rs.7.43 trillion invested by life

insurance companies on 31 March 2009, 42.5% was in central government bonds

and another 14.4% was in state government bonds.

Indian financial policy thus ensures that the government gets roughly all EPFO

assets, roughly half of the assets of life insurance companies and roughly a quarter

of the assets of banks. Data for 2007-08 shows that of the total stock of Rs.11.47

trillion of government bonds, only Rs.1.7 trillion or 15 per cent were held

voluntarily.



   2.3    Protectionism



In most aspects of the merchandise trade, the Indian State has shifted away from

protectionism. The Indian buyer of steel or benzene or mobile phones is able to

choose between local and global producers without either quantitative restrictions

or tariffs imposed by the State. Once the Goods and Services Tax (GST) is properly

implemented, imported goods will face a GST-on-imports, and apart from that,

customs tariffs would go to near-zero levels. With financial products and services,

in most areas, the local buyer is inhibited from purchase of products or services

from offshore providers. This is done either through outright prohibition or

quantitative restrictions (typically through capital controls), or constraints upon

establishment of distribution channels for foreign producers (typically through

financial regulation).
One example of such protectionism lies in the treatment of banks, where all foreign

banks (put together) are permitted to open no more than 18 branches in India. This

disables the extent to which foreign banks are able to build branches in India and

offer competition to Indian banks. For another example, the Indian buyer of futures

on the NSE-50 index has a choice of three venues where orders can be placed:

India's NSE, the Singapore Exchange (SGX) and the Chicago Mercantile Exchange

(CME). However, the prevailing capital controls are structured in a way which

prevents an Indian resident from paying initial margin on overseas futures

exchanges. Through this, offshore competition against the NSE-traded Nifty futures

and options is undermined.



   2.4    Public ownership



The third defining feature of Indian finance lies in the extent of public ownership.

Roughly 80% of banking, 95% of insurance and 100% of pensions is held in public

sector financial norms. With insurance, it is possible to establish a private

insurance company with no more than 26% of foreign ownership. With banking

and pensions, entry is infeasible either for private or for foreign financial norms.

The combination of public ownership and protectionism hampers competitive

dynamism in large parts of Indian finance. At the same time, competitive

dynamism is found in certain areas. The barriers are the weakest with securities

norms that seek to become members of exchanges such as NSE and BSE, and with

mutual funds. In these two areas, India is de facto open to private or foreign norms

that seek to establish business. Unsurprisingly, these are also areas where creative

destruction is visible, with both entry and exit taking place every year.
2.5 Central Planning



The fourth defining feature of Indian finances lies in the extent to which the

government controls minute details of financial products and processes. The

structure of legislation and regulation is one where everything is prohibited unless

explicitly permitted. Hence, every time a firm wishes to make a modification to a

small detail about a product or a process, it has to go to a government agency in

order to request permission.

As a recent example, until recently, SEBI specified that securities trading must

start at 9:55 AM and stop at 3:30 PM. In an element of liberalisation, SEBI has

announced that exchanges can start and stop at any time of day, as long as the

start of trading is after 9 AM and the end of day is before 5 PM. In most OECD

countries, governments do not get involved in specifying the time at which trading

starts and ends. On a related note, on the equity derivatives market, options

trading on the index involve cash-settled European-style options and options

trading on individual securities involve cash-settled American-style options. None

of these parameters can be changed without explicit approval from SEBI. In most

OECD countries, decisions about whether options should be cash-settled or

physically-settled, and decisions about whether options should be European-

style or American-style, are not the purview of government.



        2.6 Regulatory and Legal Arrangements



The fifth and final defining feature of Indian finance is the financial regulatory

architecture. Table 3 shows the role and function of major government agencies in

Indian finance. In addition to these external agencies, finance policy work is

undertaken by the Department of Economic Affairs (DEA), Department of Financial
Services (DFS), Department of Consumer Affairs (DCA) and the Department of

Company Affairs (DCA). There are also other government bodies which perform

quasi-regulatory functions, including NABARD, NHB and DICGC.

This assignment of functions into agencies is embedded in the texts of laws before

1956, and thus reflects a vision of economic policy, and a state of development of

the financial system, rooted in mid-20th century India.

An associated set of issues concerns the legal process. From the 1990s onwards,

regulators in India have been placed in a legal setting where there is a clear

separation between a regulator performing regulation while a private industry

performs service provision, where the regulator is charged with creation of

subordinated legislation through a transparent and consultative process, where the

investigative and enforcement process is performed in a quasi-judicial fashion with

full transparency of reasoned orders, and there is a fast-track specialised court

which hears appeals. None of these principles were part of the ethos of governance

in India in 1956. As a consequence, a large part of the financial regulatory

landscape lacks these features.



       3. What changed in recent decades ?

Much has been written about the changes in Indian finance in recent decades.

Following are the eight areas where major changes took place in Indian financial

policy in the last 20 years.



       3.1 The revolution of equity market



The equity and fixed income scandal of 1992, and the desire of policy makers to

encourage foreign investors in the Indian equity market, in the early 1990s, helped

in reopening long-standing policy questions about the equity market. From 1993 to
2001, the Ministry of Finance and SEBI led a strong reforms effort aiming at a

fundamental transformation of the equity market. The changes on the equity

market from December 1993 to June 2001 were quite dramatic:

      A new governance model was invented for critical financial infrastructure

      such as exchanges, depositories and clearing corporations. This involved a

      three-way separation between shareholders, the management team and

      member financial norms. These three groups were held distinct in order to

      avoid conflicts of interest. The shareholders were configured to have an

      interest in liquid markets, and not maximise dividends.

      Floor trading was replaced by electronic order books.

      Counterparty credit risk was eliminated through netting by novation at the

      clearing corporation. This has supported a competitive environment where

      entry barriers have been set to very low levels and a steady stream of norm

      goes out of business every year.

      Exchange membership for foreign securities norms was enabled, thus

      making it possible for foreign investors to transact through their familiar

      securities norms.

      Physical   share    certificates   were   eliminated   through   dematerialised

      settlement at multiple competing depositories.

      Exchange-traded derivatives trading commenced on individual stocks and

      indexes. The NSE-50 (Nifty) index became the underlying for one of the

      world's biggest index derivatives contracts, with onshore trading at NSE,

      offshore trading at SGX in Singapore and CME in Chicago, and an entirely

      offshore OTC market.

      A diverse order flow was accessed from all across India and abroad, through

      hundreds of thousands of trading screens. This gave heterogeneous views,

      and a large mass of investable capital.
Asymmetric     information   was    diminished    through   improvements     in

      accounting standards and disclosure.

      The eligibility rules for FIIs were enlarged through time, so that thousands of

      FIIs were operating on the market, bringing both foreign capital and

      heterogeneous views.


Through these events, the Indian equity market has come to have a dominant role

in Indian finance. The financing of norms has shifted away from debt towards

equity. Nifty-related products (ETFs, futures, options, OTC derivatives) make up the

biggest single traded product. NSE and BSE are at rank 3 and 5 in the world's top

exchanges by the number of transactions, and this is the only global ranking in

finance where India is found.



In the larger setting of Indian finance, the equity market is the first place in India

where modern finance and financial regulation have taken root. This is a major

change when compared with the India of old, where none of the financial markets

worked well. Looking forward, the institutional capabilities and experience of these

reforms will help in transforming other components of the financial system. As an

example, in 2008, the institutional capabilities of the equity market were used with

great success in establishing a currency futures market.



        3.2 Entry of Private Banks



India's starting condition, in the early 1990s, was one with an almost entirely

government-owned banking system, where entry by foreign or private banks was

blocked. In this environment, an important experiment in easing entry barriers
took place from 1994 to 2004, where a total of 12 `new private banks' were

permitted to come into being.

In terms of barriers to entry, this remains an environment with onerous barriers to

entry, given that only 12 new private banks were permitted, and that over 80% of

assets remain in the public hands. In addition, strong entry barriers have gone

back up, for after 24 May 2004, no new private banks have come about.


At the same time, this limited opening has had significant consequences. While

some of these new private banks fared badly, others have done well. They have

experienced sharp growth in assets. They dominate certain newer market

segments, such as cards and POS terminals. They have exerted a certain limited

competitive pressure upon public sector banks. As an example, public sector banks

now accept computers and ATMs on a scale that was not seen in 1993, and it is

likely that competitive pressure from private banks has helped.

In summary, the limited economic reform, of bringing in 12 new private banks from

1994 to 2004, was one of the important milestones of change in Indian finance,

even though it was highly limited in scope and onerous entry barriers remain in

place.



         3.3     The RBI Amendment Act of 2006


In 2006, an amendment to the RBI Act was passed, which established RBI as a

regulator of the bond market and the currency market. This was a step in the

wrong direction, given India's direction for reform on the regulation and supervision

of securities markets. In all OECD countries but one, only one government agency

(the securities regulator or the unified financial regulator) deals with all aspects of

organised financial trading. In India itself, shortly after 2006, expert committee

reports were produced advocating the merger of all regulation of organised financial
trading into a single regulator. The RBI Amendment Act of 2006 stands out as a

step in the wrong direction; the policy agenda now involves reversing this.
3.4 Fiscal transfers to public sector financial firms



In recent decades, the exchequer has brought money into public sector financial

firms under three scenarios:

      Explicit obligations of the exchequer: Some public sector financial firms

      encountered bankruptcy, and were always rescued using public money. This

      covers experiences such as Indian Bank, IFCI, etc.

      Implicit obligations of the exchequer: One scenario { the difficulties of UTI in

      2001 { concerned implicit promises which were made by UTI, where

      upholding those promises required money from the Ministry of Finance.

      Failure of banks to generate equity capital through retained earnings: In a

      well run bank, the growth of equity capital through earnings retention

      should enable growth of the balance sheet. In India, on many occasions,

      public sector banks which failed to produce retained earnings and thus

      adequate equity capital were given additional equity capital by the

      government so as to obtain balance sheet expansion.



The Indian experience has been a healthy one, when compared with that of some

other countries such as Indonesia, in that these payments have been relatively

small. At the same time, a three-pronged modification of strategy is appropriate:

1. Problems should be solved before they are crystallised. Just as the UTI problem

should have been detected and blocked ahead of time, today there are looming

problems which will yield difficulties in the exchequer in the future. One example of

these is the Employee Pension Scheme (EPS).

2. The discomfort associated with accessing public resources needs to be increased.

Firms like IDBI and IFCI experienced rescues which were too comfortable from the
viewpoint of the (civil servant) managers. This generates poor incentives for other

managers of public sector financial firms.

3. Finally, government needs to deny additional resources to banks which have

failed to build up adequate capital, for these are precisely the banks which are not

efficient.



             3.5 Critical financial infrastructure of the bond market



In the equity market, the strategy for critical financial infrastructure (exchanges,

learning corporations and depositories) was based on three principles. First, there

was a three-way separation between shareholders, the management team and the

member financial firms. Second, there was a competitive framework. Third, the

regulator (SEBI) did not own critical financial infrastructure.

None of these three principles was used on the bond market. The critical bond

market infrastructure involved a depository (the SGL) owned and operated by RBI

and an exchange (NDS) owned and operated by RBI.

This was a problematic arrangement because RBI had conflicts of interest by virtue

of being an owner and service provider, and at the same time being the regulator

(after the enactment of the RBI Amendment Act of 2006). There was a loss of

competitive dynamism when RBI's policy decisions leaned in favour of blocking

competition against NDS and SGL. The implementation capability in SGL and NDS

was limited, by virtue of being run by civil servants.

Entry barriers into membership of this critical financial infrastructure were enacted

by RBI. A small club of financial firms (banks and primary dealers) was allowed to

connect into this infrastructure. This policy framework gave dismal failure in

achieving bond market liquidity. On paper, India has an impressive bond market

with trading screens, clearing corporation, etc. But the essence of a market is
liquidity, speculative views, and resilience of liquidity. None of these are found on

the Indian bond market.



              3.6    Institution building of IRDA and PFRDA



Indian financial policy showed an impressive ability to throw up new institutions

which rapidly made a difference in the form of SEBI (founded in 1988), NSE

(founded in 1992) and NSDL (founded in 1995). In other areas, institution building

ran into greater problems.

IRDA was established with the intent of becoming a regulator of the insurance

business. In an unusual decision, IRDA was placed in Hyderabad, which led to an

increased distance from the knowledge and staff quality of Bombay. While IRDA

was relatively cutoff from the main Indian discourse on financial policy and

regulation which takes place in Bombay and Delhi, insurance companies had a

strong incentive to engage with IRDA. With focused lobbying by insurance

companies acting upon relatively weak staff quality, and the lack of the context of

the financial discourse of Bombay, IRDA came to increasingly share the world view

of insurance companies.

Through this, IRDA came to increasingly support questionable sales practices and

tax subsidies for fund management by insurance companies. The establishment of

IRDA, thus, must be chalked up as a failure of institution building.

In similar fashion, PFRDA was intended to start out as a regulator and project

manager for the New Pension System (NPS), and perhaps to grow into a full edged

regulator of Indian pensions in the future. PFRDA faced a difficulty akin to SEBI's

early years in that its legislation has been delayed.

At the same time, SEBI started chalking up important achievements in the 1988-

1992 period. In addition, PFRDA has a strong contractual role in the NPS, which
gives it regulatory powers through enforcement of contracts. Yet, in its first seven

years, PFRDA has failed to emerge as a strong organisation.

The Indian discussion on the role and function of government agencies in financial

regulation needs to be accompanied by a treatment of the difficulties of high quality

agencies. While Indian policy makers have one important success in SEBI, which

has emerged as a relatively high quality agency, Indian policy makers need to

diagnose and the sources of problems at the other four agencies in finance (RBI,

FMC, IRDA and PFRDA). The difficulties of IRDA and PFRDA serve as a reminder

that even when an agency starts with a clean slate, without institutional baggage

from a pre-reforms India, without conflicts of interest and archiac legal

foundations, there is still a substantial risk of failure in institution building.



               3.7    Payments system



A critical element of the plumbing which underlies the financial system is the

payments system. Significant changes have taken place in this field, with the

establishment of the Real time Gross Settlement (RTGS) system. However, the

requirements for the Indian payments system involve five dimensions:

1. Support for very high volumes by world standards, given the large number of

economic agents in India

2. 24 x 7 operation, given the need to function in Indian time, and to eliminate

Herstatt risk in cross-border transactions around the globe

3. Private management, so as to achieve efficiency and technological dynamism

4. A competitive framework, with multiple competing providers

5. A governance framework which induces a focus on efficiencies for the economy

rather than maximisation of dividends.

At present, these features are largely absent in the Indian payments system.
Existing systems support low transaction intensities, limited hours of operation,

have an excessive role for government and lack competition. While critical financial

infrastructure   in   payments   has   fared   better   than   the   critical   financial

infrastructure in the bond market, the outcomes are substantially below the

requirements of the economy.

The governance problems in the payments system are akin to those seen with other

critical financial infrastructure. Hence, there is an applicability of many of the key

ideas seen in ownership and governance of critical financial infrastructure such as

exchanges, depositories and clearing corporations.




      4. Need and importance of financial sector:


The New Economic Policy (NEP) of structural adjustments and stabilization

programme was given a big thrust in India in June 1991. The financial system

reforms have received special attention as a part of this policy because of the

perceived interdependent relationship between the real and financial sectors of the

modern economy.


The need for financial reforms had arisen because the financial institution and

markets were in a bad shape.           The banking sector suffered from lack of

competition, low capital base, low productivity, and high intermediation costs. The

role of technology was minimal, and the quality of service did not receive adequate

attention. Proper risk management system was not followed, and prudential norms

were weak.    All these resulted in poor assets quality.       Development financial

institutions operated in an over – protected environment with most of the funding

coming from assured sources. There was little competition in insurance and

mutual funds industries. Financial markets were characterized by control over
pricing of financial assets, barriers to entry, and high transactions costs. The

banks were running either at a loss or on very low profits, and, consequently were

unable to provide adequately for loan defaults, and build their capital.


There had been organizational inadequacies, the weakening of management and

control functions, the growth of restrictive practices, the erosion of work culture,

and flaws in credit management. The strain on the performance of the banks had

emanated partly from the imposition of high Cash Reserve Ratio (CRR), Statutory

Liquidity Ratio (SLR) and directed credit programmes for the priority sectors – all at

below market or concessional or subsidized interest rates.          This, apart from

affecting bank profitability adversely, had resulted in the low or repressed or

depressed interest rates on deposits and in higher interest rates on loans to the

larger borrowers from business and industry.


Further, the functioning of the financial system, and the credit delivery as well as

recovery process had become politicized, which damaged the quality of lending and

the culture of repaying loans. The widespread write-offs of the loans had seriously

jeopardized the viability of banks. As the closure of sick industrial units was

discouraged by the government, banks had to continue to finance non-viable sick

units, which further compromised their own viability. The legal system was not of

much help in recovering loans. There was a lack of transparency in preparing

statements of accounts by banks.


In other words, the reforms had become imperative on account of the facts that

despite its impressive quantitative growth and achievements, the financial health,

integrity, autonomy, flexibility, and vibrancy in the financial sector had deteriorated

over the past many years.       The allocation of resources had become severely

distorted, the portfolio quality had deteriorated, and productivity, efficiency and

profitability had been eroded in the system. Customer service was poor, work
technology remained outdated, and transaction costs were high. The capital base

of the system remained low, the accounting and disclosure practices were faulty,

and the administrative expenses had greatly soared. The system suffered also from

a lack of delegation of authority, inadequate internal controls and poor

housekeeping.




      5. Banking and credit policy:



At the beginning of the reform process, the banking system probably had a negative

net worth when all financial assets and liabilities were restated at fair market

values (Varma 1992). This unhappy state of affairs had been brought about partly

by imprudent lending and partly by adverse interest rate movements. At the peak

of this crisis, the balance sheets of the banks, however, painted a very different

rosy picture. Accounting policies not only allowed the banks to avoid making

provisions for bad loans, but also permitted them to recognize as income the

overdue interest on these loans. The severity of the problem was thus hidden from

the general public.

The threat of insolvency that loomed large in the early 1990s was, by and large,

corrected by the government extending financial support of over Rs 100 billion to

the public sector banks. The banks have also used a large part of their operating

profits in recent years to make provisions for non performing assets (NPAs). Capital

adequacy has been further shored up by revaluation of real estate and by raising

money from the capital markets in the form of equity and subordinated debt. With

the possible exception of two or three weak banks, the public sector banks have

now put the threat of insolvency behind them. The major reforms relating to the

banking system were:
· Capital base of the banks were strengthened by recapitalization, public equity

issues and subordinated debt.

· Prudential norms were introduced and progressively tightened for income

recognition, classification of assets, provisioning of bad debts, marking to market of

investments.

· Pre-emption of bank resources by the government was reduced sharply.

· New private sector banks were licensed and branch licensing restrictions were

relaxed.

At the same time, several operational reforms were introduced in the realm of credit

policy:

· Detailed regulations relating to Maximum Permissible Bank Finance were

abolished

· Consortium regulations were relaxed substantially

· Credit delivery was shifted away from cash credit to loan method

The government support to the banking system of Rs 100 billion amounts to only

about 1.5% of GDP. By comparison, governments in developed countries like the

United States have expended 3-4% of GDP to pull their banking systems out of

crisis (International Monetary Fund, 1993) and governments in developing

countries like Chile and Philippines have expended far more (Sunderarajan and

Balino, 1991).

However, it would be incorrect to jump to the conclusion that the banking system

has been nursed back to health painlessly and at low cost. The working results of

the banks for 1995-96 which showed a marked deterioration in the profitability of

the banking system was a stark reminder that banks still have to make large

provisions to clean up their balance sheets completely. Though bank profitability

improved substantially in 1996-97, it will be several more years before the

unhealthy legacy of the past (when directed credit forced banks to lend to
uncreditworthy borrowers) is wiped out completely by tighter provisioning. It is

pertinent to note that independent estimates of the percentage of bank loans which

could be problematic are far higher than the reported figures on non performing

assets worked out on the basis of the central bank‘s accounting standards. For

example, a recent report estimates potential (worst case) problem loans in the

Indian banking sector at 35-60% of total bank credit (Standard and Poor, 1997).

The higher end of this range probably reflects excessive pessimism, but the lower

end of the range is perhaps a realistic assessment of the potential problem loans in

the Indian banking system.

The even more daunting question is whether the banks' lending practices have

improved sufficiently to ensure that fresh lending (in the deregulated era) does not

generate excessive nonperforming assets (NPAs). That should be the true test of the

success of the banking reforms. There are really two questions here. First, whether

the banks now possess sufficient managerial autonomy to resist the kind of

political pressure that led to excessive NPAs in the past through lending to

borrowers known to be poor credit risks. Second, whether the banks' ability to

appraise credit risk and take prompt corrective action in the case of problem

accounts has improved sufficiently. It is difficult to give an affirmative answer to

either of these questions (Varma 1996b). Turning to financial institutions,

economic reforms deprived them of their access to cheap funding via the statutory

pre-emptions from the banking system. They have been forced to raise resources at

market rates of interest. Concomitantly, the subsidized rates at which they used to

lend to industry have given to market driven rates that reflect the institutions‘ cost

of funds as well as an appropriate credit spread. In the process, institutions have

been exposed to competition from the banks who are able to mobilize deposits at

lower cost because of their large retail branch network. Responding to these

changes, financial institutions have attempted to restructure their businesses and
move towards the universal banking model prevalent in continental Europe. It is

too early to judge the success of these attempts.



       6. Financial Innovations:

From the early 1970s there has been an explosive growth in financial innovations.

Here is a partial list of important novelties:

• Eurodollar accounts

• Forward rate agreements

• Zero coupon bonds

• Commodity bonds

• Negotiable certificates of Deposits

• Puttable and callable bonds

• NOW accounts

• Indexed linked gilts

• Variable life insurance

• Interest rate swaps

• Money market mutual funds

• Currency swaps

• Index funds

• Shelf registration process

• Options

• Electronic funds transfer system

• Financial futures

• Screen based trading

• Options on futures

• Leveraged buyouts

• Options on indexes
This appendix explores various aspects of financial innovations. It is divided into

four sections:

• What and why of financial innovations

• Type of financial innovations

• Financial innovations in India

• Excesses

1. WHAT AND WHY OF FINANCIAL INNOVATIONS

Miller, Silber, and Van Horne characterise and analyse financial innovations

somewhat differently. Miller describes financial innovations as unanticipated

improvements in the array of financial products and instruments that are

stimulated by unexpected tax or regulatory impulses.

• The Eurobond market emerged in response to a 30 percent withholding tax

imposed by the US Government on interest payments on bonds sold in the US to

overseas investors.

• Zero coupon bonds were offered to exploit a mistake of the Internal Revenue

Service in the US which permitted deduction of the same amount each year for tax

purposes.( Put differently, the Internal Revenue Service employed simple interest,

not compound interest.)

• Financial futures came into being when the Bretton Woods system of fixed

exchange rates was abandoned in the early 1970s.

• Paper currency, in a sense the most fundamental financial instrument, was

invented when the British Government prohibited the minting of coins by the

colonial North America.

• The Eurodollar market developed in response to Regulation Q in the US that

imposed a ceiling on the interest rate payable on time deposits with commercial

banks
• Financial swaps emerged initially in response to a restriction imposed by the

British Government on dollar financing by British firms and sterling financing by

non-British firms.

Since taxes and regulation have triggered a number of major financial innovations,

Miller likens them to the grains of sand that irritate the oyster to produce the

pearls of financial innovation.

Silber2 looks at financial innovations differently from Miller. He considers

innovative financial instruments and processes as devices used by companies to

reduce the financial constraints faced by them. Firms, he argues, maximise utility

under certain constraints, some dictated by governmental regulation, some defined

by the market place, and some self-imposed.

Financial innovations seek to reduce the cost of complying with these constraints.

Here are two examples.

• A lot of effort has gone into the designing of capital notes, which are essentially

debt instruments but are treated as ‗capital‘ for the purposes of bank regulation.

• Highly volatile interest rates enhanced the cost of following a policy of investing in

fixed dividend rate preferred stock. This stimulated the development of various

forms of adjustable rate preferred stock.

Silber‘s constraint-induced model of innovation explains well a large proportion of

commercial bank products. Yet it offers only a partial view of financial innovation

as its focus is almost wholly on the issuers of securities, not the investors in

securities.

Van Horne3 views a new financial instrument or process as innovative, if it makes

the financial markets more efficient and/or complete. A financial innovation makes

the market more efficient if it reduces transaction costs or lowers differential taxes

or diminishes ‗deadweight‘ losses. A financial innovation makes the market more

complete if its after-tax market is one where every contingency in the world is
matched by a distinct marketable security. The sheer number of securities required

to span every possible contingency suggests that the market is bound to be

incomplete in some way or the other. In such a market, there are unfulfilled

investor needs. Hence, there is scope for designing securities to satisfy investor

desires with respect to maturity, interest rate, protection, cash flow characteristics,

put feature, or some other attribute.

According to Van Horne the following factors prompt financial innovation: volatile

inflation and interest rates, regulatory changes, tax changes, technological

advances, the level of economic activity, and academic work on market efficiency

and inefficiency.

Collectively, the Miller, Silber, and Van Horne papers suggest that the following

factors drive financial innovations:

1 M.H.Miller, ―Financial Innovation: The Last Twenty Years and the Next‖, Journal

of Financial and Quantitative Analysis, December 1986.

2 W.L. Silber, ―The Process of Financial Innovation‖, American Economic Review,

May 1983.

3 J.C. Van Horne, ―Of Financial Innovations and Excesses‖, Journal of Finance,

July 1985.

• Tax asymmetry

• Regulatory or legislative changes

• Volatility of financial prices

• Transaction costs

• Agency costs

• Opportunities to reduce some form of risk or reallocate risk

• Opportunities to increase an asset‘s liquidity

• Academic work

• Accounting benefit
• Technological advances

• Level of economic activity

2. TYPES OF FINANCIAL INNOVATIONS

Financial innovations may be divided into the following categories:

Category Example

A. Consumer-type instruments

• Variable life insurance policy

• Money market mutual fund

B. Securities

• Zero coupon bond

• Indexed — linked gilts

C. Derivative securities

• Options

• Futures

D. Process

• Shelf registration process

• Screen — based trading

E. Creative solutions to a financial

• Project financing problem

• Leveraged buyout

Since categories A, B and C represent financial products, we may broadly define a

financial innovation as a new product or a new process or a creative solution to a

financial problem.

3. FINANCIAL INNOVATIONS IN INDIA

Till the mid — 1980s, the Indian financial system did not see much innovation. In

the last two decades, financial innovation in India has picked up and it is expected
to grow in the years to come, as a more liberalised environment affords greater

scope for financial innovation.

The important financial innovations that have taken place in India are listed below

along with the principal factor which motivated it or fuelled its growth.

Innovation Principal Motivating Factor

• Debt-oriented schemes of mutual funds

• Tax benefit

• Partially convertible debentures and fully convertible debentures

• Pricing and interest rate regulation obtaining under the Capital Issues

Control Act

• Deep discount / Zero coupon bonds

• Tax benefit

• Puttable and callable bonds

• Perceived volatility of interest rates

• Stock index futures

• Volatility of equity prices

• Badla transactions

• Restriction on forward trading

• Ready forwards

• Restrictions under the portfolio management scheme

• Havala transactions

• RBI restrictions

• Interest rate caps/floors/collars

• Volatility of interest rates

• Interest rate swaps

• Volatility of interest rates

• Currency swaps
• Volatility of foreign exchange rates

• Forward rate agreements

• Volatility of interest rates

• Automated teller machines

• Technology

• Screen-based trading

• Technology

• Floating rate bonds

• Volatility of interest rates

• Electronic funds transfer

• Technology

• Money market mutual funds

• Volatility of interest rates

• Specialised mutual funds

• Investor preferences

• Exchange-traded options

• Volatility of stock prices

• Project finance

• Risk sharing




       7. Conclusion

One of the most important areas of economic reform lies in the financial system.

On one hand, finance is the `brain' of the economy, and the skills of the financial

system shape the efficiency of translation of gross capital formation into GDP

growth. In addition, a sophisticated financial system gives resilience to shocks,

particularly in an increasingly internationalised India. As an example, the extent to

which monetary policy can stabilise the economy critically relies on a competitive
banking system and a well functioning Bond-Currency-Derivatives Nexus: until

financial policy puts these in order, monetary policy will remain relatively

ineffectual.

In some respects, Indian finance has made major progress. Policy makers over the

last 20 years made important progress with revolutionary reforms of the equity

market (including sophisticated thinking on institution building for SEBI, NSE and

NSDL), the limited entry of private banks, and the limited liberalisation of the

capital account. But these three areas of greater success have not been adequate in

obtaining a financial system that is commensurate with India's needs, for

intermediating $390 billion of savings and investment a year for an increasingly

complex and internationalised economy.

Key elements of the ancien regime that remain intact are financial repression,

Protectionism, public sector ownership of financial norms, central planning, an

archaic financial regulatory architecture and weaknesses of the rule of law. The

reforms program now needs to frontally confront these elements. Some of the ideas

emphasised in this paper have been accepted by policy makers and are under

various stages of implementation. These five areas are:

       Establishment of the National Treasury Management Agency (NTMA)

       Establishment of the New Pension System (NPS) and the Pension Fund

       Regulatory and Development Authority (PFRDA)

       Establishment of the Financial Stability and Development Council (FSDC)

       Drafting rules for ownership and governance of critical financial

       infrastructure (presently underway with SEBI's Bimal Jalan committee)

       Drafting effort for financial law at the Financial Sector Law Reforms

       Commission (FSLRC).

In these areas, the challenge is one of implementation. Thirteen issues remain the

agenda for policy for the future:
Roadmap for removal of financial repression.

Unification of regulation of organised financial trading.

Separation of banking regulation and supervision from RBI.

Establishment of a meaningful deposit insurance corporation.

Establishment of the Financial Services Appellate Tribunal (FSAT).

Modifying FEMA to emphasise the rule of law, which would also remove the

gap between de facto and de jure openness.

Modifying capital controls so as to scale down protectionism.

A fresh effort at building IRDA.

A fresh effort at building a payments system.

A reduced willingness to inject equity capital into public sector financial

norms.

Removal of entry barriers against banks and banking.

Removal of transaction taxes, i.e. the stamp duty and the securities

transaction tax.

Shift towards residence-based taxation of global financial income.

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INDIAN FINANCIAL SYSTEM - REFORMS

  • 1. A Project Report on “RefoRms in indian financial system” TOWARDS FULFILLMENT OF THE PROJECT REQUIREMENTS OF POST GRADUATE DIPLOMA OF MANAGEMENT STUDIES SUBMITTED BY: RAHUL JAIN ROLL NO: 38 PGDM-EBIZ-1 BATCH-2011-13 UNDER THE GUIDANCE OF Dr. ANIL RAO PAILA DEAN, WELINGKAR INSTITUTE OF MANAGEMENT And Dr. MADHAVI LOKHANDE Core Faculty, WELINGKAR INSTITUTE OF MANAGEMENT WELINGKAR INSTITUTE OF MANAGEMENT DEVELOPMENT AND RESEARCH, ELECTRONIC CITY, BANGALORE
  • 2. STUDENT DECLARATION I, Mr. Rahul Jain, studying in the First Year of Master of Management Studies at Welingkar Institute of Management Studies, Electronic City, Bangalore, hereby declare that I have completed the project titled “Reforms in INDIAN FINANCIAL SYSTEM” as a part of the course requirements for PGDM Programme. I further declare that the information presented in this project is true and original to the best of my knowledge. Date: Place: (Signature of the student)
  • 3. CERTIFICATE FROM THE INTERNAL GUIDE I, Prof. Anil Rao Paila hereby certify that Mr. Rahul Jain, a student for the Master of Management Studies course at Welingkar Institute of Management Studies, Electronic City, Bangalore, has competed a project on “Reforms in INDIAN FINANCIAL SYSTEM” under my guidance during this year. His work and output has been found to be satisfactory. Date: Place: (Signature of the Guide)
  • 4. Acknowledgement This project was done in partial fulfilment of the requirements for the Post Graduate Diploma of Management Studies. I would like to thank and extend my warm regards to Mr. Vikas Jain, Vice President (Factoring), HSBC Bank for his support and Dr. Anil Rao Paila, Dean, Welingkar Institute of Management, Bangalore and also Dr. Madhavi Lokhande, Core Faculty, Welingkar Institute of Management, Bangalore for their guidance and support throughout the project. I take this opportunity to thank all the people without whose help, guidance and inputs it would not have been possible to make the project report a success. Finally, I would like to thank all those who were directly or indirectly related to my project. The timely guidance of my mentors not only helped in making the effort fruitful, but also transformed the whole process of learning into an enjoyable and memorable experience. This project proved as an excellent opportunity for me to apply the concepts learnt in the course of my program at the institute. The three things which go on to make a successful endeavour are dedication, hard work and correct guidance. I express heartfelt gratitude to Welingkar Institute Management for giving me this opportunity which helped me in gaining knowledge about Indian Financial Systems. - Rahul Jain
  • 5. EXECUTIVE SUMMARY Financial sector reforms are at the centre stage of the economic liberalization that was initiated in India in mid 1991. This is partly because the economic reform process itself took place amidst two serious crisis involving the financial sector the balance of payments crisis that threatened the international credibility of the country and pushed it to the brink of default; and the grave threat of insolvency confronting the banking system which had for years concealed its problems with the help of defective accounting policies. Moreover, many of the deeper rooted problems of the Indian economy in the early nineties were also strongly related to the financial sector: Large scale pre-emption of resources from the banking system by the government to finance its fiscal deficit; Excessive structural and micro regulation that inhibited financial innovation and increased transaction costs; Relatively inadequate level of prudential regulation in the financial sector; Poorly developed debt and money markets; and Outdated (often primitive) technological and institutional structures that made the capital markets and the rest of the financial system highly inefficient. Over the last six years, much has been achieved in addressing many of these problems, but a lot remains to be done.
  • 6. Table of content 1) Acknowledgement 2) Objective 3) Executive summary 4) Introduction 5) Current Structure of Financial System 6) What changed in Recent Decades? 7) Need and Importance of Financial Sector 8) Banking and Credit Policy 9) Financial Innovations 10) Conclusion
  • 7. 1. Introduction Strengthening financial systems has been one of the central issues facing emerging markets and developing economies. This is because sound financial systems serve as an important channel for achieving economic growth through the mobilization of financial savings, putting them to productive use and transforming various risks. Many countries adopted a series of financial sector liberalization measures in the late 1980s and early 1990s that included interest rate liberalization, entry deregulations, reduction of reserve requirements and removal of credit allocation. In many cases, the timing of financial sector liberalization coincided with that of capital account liberalization. Domestic banks were given access to cheap loans from abroad and allocated those resources to domestic production sectors A financial system is a network of financial institutions, financial markets, financial instruments and financial services to facilitate the transfer of funds. The system consists of savers, intermediaries, instruments and the ultimate user of funds. The level of economic growth largely depends upon and is facilitated by the state of financial system prevailing in the economy. Efficient financial system and sustainable economic growth are corollary. The financial system mobilises the savings and channelizes them into the productive activity and thus influences the pace of economic development. Economic growth is hampered for want of effective financial system. Broadly speaking, financial system deals with three inter-related and interdependent variables, i.e., money, credit and finance.
  • 8. 2. Current Structure of the Financial System 2.1 Finance and the Economy In recent years, the Indian economy has grown sharply and has enjoyed high rates of savings and investment. This has inevitably involved a substantial role for finance as the intermediary between households and firms (Shah, Thomas, and Gorham, 2008). Table 1 compares components of GDP at current prices for 2008- 2009 against the picture as seen one decade ago. The nominal rupee-dollar exchange rate exhibited a depreciation of roughly 9% over this period. Hence, the bulk of the change across this decade can be interpreted as a change expressed in nominal dollars. Over this decade, India went from being a medium sized developing country (with an aggregate GDP of $379 billion in 1998-99) to being a member of the G-20 (with an aggregate GDP of $1.13 trillion in 2008-09), with a rough tripling of aggregate GDP. Alongside this, the savings rate went up dramatically from 24.13% to 34.65%. This combination gave a 4.64 times rise in gross domestic savings: the financial system which used to handle a flow of $91 billion of savings in 1998-99 was handling $390 billion of savings in 2008-09.
  • 9. In addition, the private corporate sector, which is the focus of the formal financial system, came to play a bigger role in investment. Gross capital formation by the private corporate sector grew from 7.67% of GDP to 13.53% of GDP over this decade. There was a rise of 5.71 times: private corporate investment went from $29 billion in 1998-99 to $153 billion in 2008-09. Through this combination of high GDP growth, rise in household savings, and a bigger role for private corporate investment, the financial system has come to play a more prominent role in the economy, and has achieved a significant size by world standards. Through these changes, the materiality of financial reform has risen. With $390 billion of household savings being produced a year, and $153 billion of private corporate investment taking place a year, modest improvements in the capability of the financial system would help accelerate growth. Table 2 shifts focus to the financing structure of large companies. For each of the two years (1998-99 and 2008-09), the aggregate balance sheet of all large non- financial firms in the CMIE database is computed and shown. The overall balance sheet grew much faster than GDP, with a rise of 4.52 times over the decade. A pronounced deleveraging is visible. Equity, which used to be 33.94% of the balance sheet in 1998-99, made up for 39.22% of the balance sheet in 2008-09.
  • 10. Alongside this, the corporate debt market faded into insignificance: it grew by only 1.58 times, and went from 5.69% of the balance sheet in 1998-99 to 2.06% of the balance sheet in 2008-09. The evidence in Table 2 pertains only to large companies. In addition, banks do lend to smaller, unlisted companies. In order to assess the role of banks versus the equity market, Figure 1 juxtaposes the market capitalisation of the CMIE Cospi index against the aggregate non-food credit of all banks. This shows that in the comprehensive picture, bank credit is small in the Indian economy, when compared with the market value of equities (Thomas, 2006a). This broad relationship has held up even though there has been an unprecedented boom in bank credit in the period under examination. 2.2 Financial Repression In most areas, the interaction between the Indian State and the economy is ruled by sound procurement principles. As an example, purchases of steel or cement by the government are done through auctions, where these commodities are purchased from the lowest voluntary bidder. However, in the area of government
  • 11. borrowing, the Indian State does not borrow from voluntary lenders. The bulk of government bond issuance is forcibly placed with financial norms. These include banks, insurance companies and pension funds. As an example, banks are forced to hold atleast 24% of their assets in government bonds. The pension system operated by the Employee Provident Fund Organisation (EPFO) is almost entirely invested in domestic government bonds. Of the Rs.7.43 trillion invested by life insurance companies on 31 March 2009, 42.5% was in central government bonds and another 14.4% was in state government bonds. Indian financial policy thus ensures that the government gets roughly all EPFO assets, roughly half of the assets of life insurance companies and roughly a quarter of the assets of banks. Data for 2007-08 shows that of the total stock of Rs.11.47 trillion of government bonds, only Rs.1.7 trillion or 15 per cent were held voluntarily. 2.3 Protectionism In most aspects of the merchandise trade, the Indian State has shifted away from protectionism. The Indian buyer of steel or benzene or mobile phones is able to choose between local and global producers without either quantitative restrictions or tariffs imposed by the State. Once the Goods and Services Tax (GST) is properly implemented, imported goods will face a GST-on-imports, and apart from that, customs tariffs would go to near-zero levels. With financial products and services, in most areas, the local buyer is inhibited from purchase of products or services from offshore providers. This is done either through outright prohibition or quantitative restrictions (typically through capital controls), or constraints upon establishment of distribution channels for foreign producers (typically through financial regulation).
  • 12. One example of such protectionism lies in the treatment of banks, where all foreign banks (put together) are permitted to open no more than 18 branches in India. This disables the extent to which foreign banks are able to build branches in India and offer competition to Indian banks. For another example, the Indian buyer of futures on the NSE-50 index has a choice of three venues where orders can be placed: India's NSE, the Singapore Exchange (SGX) and the Chicago Mercantile Exchange (CME). However, the prevailing capital controls are structured in a way which prevents an Indian resident from paying initial margin on overseas futures exchanges. Through this, offshore competition against the NSE-traded Nifty futures and options is undermined. 2.4 Public ownership The third defining feature of Indian finance lies in the extent of public ownership. Roughly 80% of banking, 95% of insurance and 100% of pensions is held in public sector financial norms. With insurance, it is possible to establish a private insurance company with no more than 26% of foreign ownership. With banking and pensions, entry is infeasible either for private or for foreign financial norms. The combination of public ownership and protectionism hampers competitive dynamism in large parts of Indian finance. At the same time, competitive dynamism is found in certain areas. The barriers are the weakest with securities norms that seek to become members of exchanges such as NSE and BSE, and with mutual funds. In these two areas, India is de facto open to private or foreign norms that seek to establish business. Unsurprisingly, these are also areas where creative destruction is visible, with both entry and exit taking place every year.
  • 13. 2.5 Central Planning The fourth defining feature of Indian finances lies in the extent to which the government controls minute details of financial products and processes. The structure of legislation and regulation is one where everything is prohibited unless explicitly permitted. Hence, every time a firm wishes to make a modification to a small detail about a product or a process, it has to go to a government agency in order to request permission. As a recent example, until recently, SEBI specified that securities trading must start at 9:55 AM and stop at 3:30 PM. In an element of liberalisation, SEBI has announced that exchanges can start and stop at any time of day, as long as the start of trading is after 9 AM and the end of day is before 5 PM. In most OECD countries, governments do not get involved in specifying the time at which trading starts and ends. On a related note, on the equity derivatives market, options trading on the index involve cash-settled European-style options and options trading on individual securities involve cash-settled American-style options. None of these parameters can be changed without explicit approval from SEBI. In most OECD countries, decisions about whether options should be cash-settled or physically-settled, and decisions about whether options should be European- style or American-style, are not the purview of government. 2.6 Regulatory and Legal Arrangements The fifth and final defining feature of Indian finance is the financial regulatory architecture. Table 3 shows the role and function of major government agencies in Indian finance. In addition to these external agencies, finance policy work is undertaken by the Department of Economic Affairs (DEA), Department of Financial
  • 14. Services (DFS), Department of Consumer Affairs (DCA) and the Department of Company Affairs (DCA). There are also other government bodies which perform quasi-regulatory functions, including NABARD, NHB and DICGC. This assignment of functions into agencies is embedded in the texts of laws before 1956, and thus reflects a vision of economic policy, and a state of development of the financial system, rooted in mid-20th century India. An associated set of issues concerns the legal process. From the 1990s onwards, regulators in India have been placed in a legal setting where there is a clear separation between a regulator performing regulation while a private industry performs service provision, where the regulator is charged with creation of subordinated legislation through a transparent and consultative process, where the investigative and enforcement process is performed in a quasi-judicial fashion with full transparency of reasoned orders, and there is a fast-track specialised court which hears appeals. None of these principles were part of the ethos of governance in India in 1956. As a consequence, a large part of the financial regulatory landscape lacks these features. 3. What changed in recent decades ? Much has been written about the changes in Indian finance in recent decades. Following are the eight areas where major changes took place in Indian financial policy in the last 20 years. 3.1 The revolution of equity market The equity and fixed income scandal of 1992, and the desire of policy makers to encourage foreign investors in the Indian equity market, in the early 1990s, helped in reopening long-standing policy questions about the equity market. From 1993 to
  • 15. 2001, the Ministry of Finance and SEBI led a strong reforms effort aiming at a fundamental transformation of the equity market. The changes on the equity market from December 1993 to June 2001 were quite dramatic: A new governance model was invented for critical financial infrastructure such as exchanges, depositories and clearing corporations. This involved a three-way separation between shareholders, the management team and member financial norms. These three groups were held distinct in order to avoid conflicts of interest. The shareholders were configured to have an interest in liquid markets, and not maximise dividends. Floor trading was replaced by electronic order books. Counterparty credit risk was eliminated through netting by novation at the clearing corporation. This has supported a competitive environment where entry barriers have been set to very low levels and a steady stream of norm goes out of business every year. Exchange membership for foreign securities norms was enabled, thus making it possible for foreign investors to transact through their familiar securities norms. Physical share certificates were eliminated through dematerialised settlement at multiple competing depositories. Exchange-traded derivatives trading commenced on individual stocks and indexes. The NSE-50 (Nifty) index became the underlying for one of the world's biggest index derivatives contracts, with onshore trading at NSE, offshore trading at SGX in Singapore and CME in Chicago, and an entirely offshore OTC market. A diverse order flow was accessed from all across India and abroad, through hundreds of thousands of trading screens. This gave heterogeneous views, and a large mass of investable capital.
  • 16. Asymmetric information was diminished through improvements in accounting standards and disclosure. The eligibility rules for FIIs were enlarged through time, so that thousands of FIIs were operating on the market, bringing both foreign capital and heterogeneous views. Through these events, the Indian equity market has come to have a dominant role in Indian finance. The financing of norms has shifted away from debt towards equity. Nifty-related products (ETFs, futures, options, OTC derivatives) make up the biggest single traded product. NSE and BSE are at rank 3 and 5 in the world's top exchanges by the number of transactions, and this is the only global ranking in finance where India is found. In the larger setting of Indian finance, the equity market is the first place in India where modern finance and financial regulation have taken root. This is a major change when compared with the India of old, where none of the financial markets worked well. Looking forward, the institutional capabilities and experience of these reforms will help in transforming other components of the financial system. As an example, in 2008, the institutional capabilities of the equity market were used with great success in establishing a currency futures market. 3.2 Entry of Private Banks India's starting condition, in the early 1990s, was one with an almost entirely government-owned banking system, where entry by foreign or private banks was blocked. In this environment, an important experiment in easing entry barriers
  • 17. took place from 1994 to 2004, where a total of 12 `new private banks' were permitted to come into being. In terms of barriers to entry, this remains an environment with onerous barriers to entry, given that only 12 new private banks were permitted, and that over 80% of assets remain in the public hands. In addition, strong entry barriers have gone back up, for after 24 May 2004, no new private banks have come about. At the same time, this limited opening has had significant consequences. While some of these new private banks fared badly, others have done well. They have experienced sharp growth in assets. They dominate certain newer market segments, such as cards and POS terminals. They have exerted a certain limited competitive pressure upon public sector banks. As an example, public sector banks now accept computers and ATMs on a scale that was not seen in 1993, and it is likely that competitive pressure from private banks has helped. In summary, the limited economic reform, of bringing in 12 new private banks from 1994 to 2004, was one of the important milestones of change in Indian finance, even though it was highly limited in scope and onerous entry barriers remain in place. 3.3 The RBI Amendment Act of 2006 In 2006, an amendment to the RBI Act was passed, which established RBI as a regulator of the bond market and the currency market. This was a step in the wrong direction, given India's direction for reform on the regulation and supervision of securities markets. In all OECD countries but one, only one government agency (the securities regulator or the unified financial regulator) deals with all aspects of organised financial trading. In India itself, shortly after 2006, expert committee reports were produced advocating the merger of all regulation of organised financial
  • 18. trading into a single regulator. The RBI Amendment Act of 2006 stands out as a step in the wrong direction; the policy agenda now involves reversing this.
  • 19.
  • 20.
  • 21. 3.4 Fiscal transfers to public sector financial firms In recent decades, the exchequer has brought money into public sector financial firms under three scenarios: Explicit obligations of the exchequer: Some public sector financial firms encountered bankruptcy, and were always rescued using public money. This covers experiences such as Indian Bank, IFCI, etc. Implicit obligations of the exchequer: One scenario { the difficulties of UTI in 2001 { concerned implicit promises which were made by UTI, where upholding those promises required money from the Ministry of Finance. Failure of banks to generate equity capital through retained earnings: In a well run bank, the growth of equity capital through earnings retention should enable growth of the balance sheet. In India, on many occasions, public sector banks which failed to produce retained earnings and thus adequate equity capital were given additional equity capital by the government so as to obtain balance sheet expansion. The Indian experience has been a healthy one, when compared with that of some other countries such as Indonesia, in that these payments have been relatively small. At the same time, a three-pronged modification of strategy is appropriate: 1. Problems should be solved before they are crystallised. Just as the UTI problem should have been detected and blocked ahead of time, today there are looming problems which will yield difficulties in the exchequer in the future. One example of these is the Employee Pension Scheme (EPS). 2. The discomfort associated with accessing public resources needs to be increased. Firms like IDBI and IFCI experienced rescues which were too comfortable from the
  • 22. viewpoint of the (civil servant) managers. This generates poor incentives for other managers of public sector financial firms. 3. Finally, government needs to deny additional resources to banks which have failed to build up adequate capital, for these are precisely the banks which are not efficient. 3.5 Critical financial infrastructure of the bond market In the equity market, the strategy for critical financial infrastructure (exchanges, learning corporations and depositories) was based on three principles. First, there was a three-way separation between shareholders, the management team and the member financial firms. Second, there was a competitive framework. Third, the regulator (SEBI) did not own critical financial infrastructure. None of these three principles was used on the bond market. The critical bond market infrastructure involved a depository (the SGL) owned and operated by RBI and an exchange (NDS) owned and operated by RBI. This was a problematic arrangement because RBI had conflicts of interest by virtue of being an owner and service provider, and at the same time being the regulator (after the enactment of the RBI Amendment Act of 2006). There was a loss of competitive dynamism when RBI's policy decisions leaned in favour of blocking competition against NDS and SGL. The implementation capability in SGL and NDS was limited, by virtue of being run by civil servants. Entry barriers into membership of this critical financial infrastructure were enacted by RBI. A small club of financial firms (banks and primary dealers) was allowed to connect into this infrastructure. This policy framework gave dismal failure in achieving bond market liquidity. On paper, India has an impressive bond market with trading screens, clearing corporation, etc. But the essence of a market is
  • 23. liquidity, speculative views, and resilience of liquidity. None of these are found on the Indian bond market. 3.6 Institution building of IRDA and PFRDA Indian financial policy showed an impressive ability to throw up new institutions which rapidly made a difference in the form of SEBI (founded in 1988), NSE (founded in 1992) and NSDL (founded in 1995). In other areas, institution building ran into greater problems. IRDA was established with the intent of becoming a regulator of the insurance business. In an unusual decision, IRDA was placed in Hyderabad, which led to an increased distance from the knowledge and staff quality of Bombay. While IRDA was relatively cutoff from the main Indian discourse on financial policy and regulation which takes place in Bombay and Delhi, insurance companies had a strong incentive to engage with IRDA. With focused lobbying by insurance companies acting upon relatively weak staff quality, and the lack of the context of the financial discourse of Bombay, IRDA came to increasingly share the world view of insurance companies. Through this, IRDA came to increasingly support questionable sales practices and tax subsidies for fund management by insurance companies. The establishment of IRDA, thus, must be chalked up as a failure of institution building. In similar fashion, PFRDA was intended to start out as a regulator and project manager for the New Pension System (NPS), and perhaps to grow into a full edged regulator of Indian pensions in the future. PFRDA faced a difficulty akin to SEBI's early years in that its legislation has been delayed. At the same time, SEBI started chalking up important achievements in the 1988- 1992 period. In addition, PFRDA has a strong contractual role in the NPS, which
  • 24. gives it regulatory powers through enforcement of contracts. Yet, in its first seven years, PFRDA has failed to emerge as a strong organisation. The Indian discussion on the role and function of government agencies in financial regulation needs to be accompanied by a treatment of the difficulties of high quality agencies. While Indian policy makers have one important success in SEBI, which has emerged as a relatively high quality agency, Indian policy makers need to diagnose and the sources of problems at the other four agencies in finance (RBI, FMC, IRDA and PFRDA). The difficulties of IRDA and PFRDA serve as a reminder that even when an agency starts with a clean slate, without institutional baggage from a pre-reforms India, without conflicts of interest and archiac legal foundations, there is still a substantial risk of failure in institution building. 3.7 Payments system A critical element of the plumbing which underlies the financial system is the payments system. Significant changes have taken place in this field, with the establishment of the Real time Gross Settlement (RTGS) system. However, the requirements for the Indian payments system involve five dimensions: 1. Support for very high volumes by world standards, given the large number of economic agents in India 2. 24 x 7 operation, given the need to function in Indian time, and to eliminate Herstatt risk in cross-border transactions around the globe 3. Private management, so as to achieve efficiency and technological dynamism 4. A competitive framework, with multiple competing providers 5. A governance framework which induces a focus on efficiencies for the economy rather than maximisation of dividends. At present, these features are largely absent in the Indian payments system.
  • 25. Existing systems support low transaction intensities, limited hours of operation, have an excessive role for government and lack competition. While critical financial infrastructure in payments has fared better than the critical financial infrastructure in the bond market, the outcomes are substantially below the requirements of the economy. The governance problems in the payments system are akin to those seen with other critical financial infrastructure. Hence, there is an applicability of many of the key ideas seen in ownership and governance of critical financial infrastructure such as exchanges, depositories and clearing corporations. 4. Need and importance of financial sector: The New Economic Policy (NEP) of structural adjustments and stabilization programme was given a big thrust in India in June 1991. The financial system reforms have received special attention as a part of this policy because of the perceived interdependent relationship between the real and financial sectors of the modern economy. The need for financial reforms had arisen because the financial institution and markets were in a bad shape. The banking sector suffered from lack of competition, low capital base, low productivity, and high intermediation costs. The role of technology was minimal, and the quality of service did not receive adequate attention. Proper risk management system was not followed, and prudential norms were weak. All these resulted in poor assets quality. Development financial institutions operated in an over – protected environment with most of the funding coming from assured sources. There was little competition in insurance and mutual funds industries. Financial markets were characterized by control over
  • 26. pricing of financial assets, barriers to entry, and high transactions costs. The banks were running either at a loss or on very low profits, and, consequently were unable to provide adequately for loan defaults, and build their capital. There had been organizational inadequacies, the weakening of management and control functions, the growth of restrictive practices, the erosion of work culture, and flaws in credit management. The strain on the performance of the banks had emanated partly from the imposition of high Cash Reserve Ratio (CRR), Statutory Liquidity Ratio (SLR) and directed credit programmes for the priority sectors – all at below market or concessional or subsidized interest rates. This, apart from affecting bank profitability adversely, had resulted in the low or repressed or depressed interest rates on deposits and in higher interest rates on loans to the larger borrowers from business and industry. Further, the functioning of the financial system, and the credit delivery as well as recovery process had become politicized, which damaged the quality of lending and the culture of repaying loans. The widespread write-offs of the loans had seriously jeopardized the viability of banks. As the closure of sick industrial units was discouraged by the government, banks had to continue to finance non-viable sick units, which further compromised their own viability. The legal system was not of much help in recovering loans. There was a lack of transparency in preparing statements of accounts by banks. In other words, the reforms had become imperative on account of the facts that despite its impressive quantitative growth and achievements, the financial health, integrity, autonomy, flexibility, and vibrancy in the financial sector had deteriorated over the past many years. The allocation of resources had become severely distorted, the portfolio quality had deteriorated, and productivity, efficiency and profitability had been eroded in the system. Customer service was poor, work
  • 27. technology remained outdated, and transaction costs were high. The capital base of the system remained low, the accounting and disclosure practices were faulty, and the administrative expenses had greatly soared. The system suffered also from a lack of delegation of authority, inadequate internal controls and poor housekeeping. 5. Banking and credit policy: At the beginning of the reform process, the banking system probably had a negative net worth when all financial assets and liabilities were restated at fair market values (Varma 1992). This unhappy state of affairs had been brought about partly by imprudent lending and partly by adverse interest rate movements. At the peak of this crisis, the balance sheets of the banks, however, painted a very different rosy picture. Accounting policies not only allowed the banks to avoid making provisions for bad loans, but also permitted them to recognize as income the overdue interest on these loans. The severity of the problem was thus hidden from the general public. The threat of insolvency that loomed large in the early 1990s was, by and large, corrected by the government extending financial support of over Rs 100 billion to the public sector banks. The banks have also used a large part of their operating profits in recent years to make provisions for non performing assets (NPAs). Capital adequacy has been further shored up by revaluation of real estate and by raising money from the capital markets in the form of equity and subordinated debt. With the possible exception of two or three weak banks, the public sector banks have now put the threat of insolvency behind them. The major reforms relating to the banking system were:
  • 28. · Capital base of the banks were strengthened by recapitalization, public equity issues and subordinated debt. · Prudential norms were introduced and progressively tightened for income recognition, classification of assets, provisioning of bad debts, marking to market of investments. · Pre-emption of bank resources by the government was reduced sharply. · New private sector banks were licensed and branch licensing restrictions were relaxed. At the same time, several operational reforms were introduced in the realm of credit policy: · Detailed regulations relating to Maximum Permissible Bank Finance were abolished · Consortium regulations were relaxed substantially · Credit delivery was shifted away from cash credit to loan method The government support to the banking system of Rs 100 billion amounts to only about 1.5% of GDP. By comparison, governments in developed countries like the United States have expended 3-4% of GDP to pull their banking systems out of crisis (International Monetary Fund, 1993) and governments in developing countries like Chile and Philippines have expended far more (Sunderarajan and Balino, 1991). However, it would be incorrect to jump to the conclusion that the banking system has been nursed back to health painlessly and at low cost. The working results of the banks for 1995-96 which showed a marked deterioration in the profitability of the banking system was a stark reminder that banks still have to make large provisions to clean up their balance sheets completely. Though bank profitability improved substantially in 1996-97, it will be several more years before the unhealthy legacy of the past (when directed credit forced banks to lend to
  • 29. uncreditworthy borrowers) is wiped out completely by tighter provisioning. It is pertinent to note that independent estimates of the percentage of bank loans which could be problematic are far higher than the reported figures on non performing assets worked out on the basis of the central bank‘s accounting standards. For example, a recent report estimates potential (worst case) problem loans in the Indian banking sector at 35-60% of total bank credit (Standard and Poor, 1997). The higher end of this range probably reflects excessive pessimism, but the lower end of the range is perhaps a realistic assessment of the potential problem loans in the Indian banking system. The even more daunting question is whether the banks' lending practices have improved sufficiently to ensure that fresh lending (in the deregulated era) does not generate excessive nonperforming assets (NPAs). That should be the true test of the success of the banking reforms. There are really two questions here. First, whether the banks now possess sufficient managerial autonomy to resist the kind of political pressure that led to excessive NPAs in the past through lending to borrowers known to be poor credit risks. Second, whether the banks' ability to appraise credit risk and take prompt corrective action in the case of problem accounts has improved sufficiently. It is difficult to give an affirmative answer to either of these questions (Varma 1996b). Turning to financial institutions, economic reforms deprived them of their access to cheap funding via the statutory pre-emptions from the banking system. They have been forced to raise resources at market rates of interest. Concomitantly, the subsidized rates at which they used to lend to industry have given to market driven rates that reflect the institutions‘ cost of funds as well as an appropriate credit spread. In the process, institutions have been exposed to competition from the banks who are able to mobilize deposits at lower cost because of their large retail branch network. Responding to these changes, financial institutions have attempted to restructure their businesses and
  • 30. move towards the universal banking model prevalent in continental Europe. It is too early to judge the success of these attempts. 6. Financial Innovations: From the early 1970s there has been an explosive growth in financial innovations. Here is a partial list of important novelties: • Eurodollar accounts • Forward rate agreements • Zero coupon bonds • Commodity bonds • Negotiable certificates of Deposits • Puttable and callable bonds • NOW accounts • Indexed linked gilts • Variable life insurance • Interest rate swaps • Money market mutual funds • Currency swaps • Index funds • Shelf registration process • Options • Electronic funds transfer system • Financial futures • Screen based trading • Options on futures • Leveraged buyouts • Options on indexes
  • 31. This appendix explores various aspects of financial innovations. It is divided into four sections: • What and why of financial innovations • Type of financial innovations • Financial innovations in India • Excesses 1. WHAT AND WHY OF FINANCIAL INNOVATIONS Miller, Silber, and Van Horne characterise and analyse financial innovations somewhat differently. Miller describes financial innovations as unanticipated improvements in the array of financial products and instruments that are stimulated by unexpected tax or regulatory impulses. • The Eurobond market emerged in response to a 30 percent withholding tax imposed by the US Government on interest payments on bonds sold in the US to overseas investors. • Zero coupon bonds were offered to exploit a mistake of the Internal Revenue Service in the US which permitted deduction of the same amount each year for tax purposes.( Put differently, the Internal Revenue Service employed simple interest, not compound interest.) • Financial futures came into being when the Bretton Woods system of fixed exchange rates was abandoned in the early 1970s. • Paper currency, in a sense the most fundamental financial instrument, was invented when the British Government prohibited the minting of coins by the colonial North America. • The Eurodollar market developed in response to Regulation Q in the US that imposed a ceiling on the interest rate payable on time deposits with commercial banks
  • 32. • Financial swaps emerged initially in response to a restriction imposed by the British Government on dollar financing by British firms and sterling financing by non-British firms. Since taxes and regulation have triggered a number of major financial innovations, Miller likens them to the grains of sand that irritate the oyster to produce the pearls of financial innovation. Silber2 looks at financial innovations differently from Miller. He considers innovative financial instruments and processes as devices used by companies to reduce the financial constraints faced by them. Firms, he argues, maximise utility under certain constraints, some dictated by governmental regulation, some defined by the market place, and some self-imposed. Financial innovations seek to reduce the cost of complying with these constraints. Here are two examples. • A lot of effort has gone into the designing of capital notes, which are essentially debt instruments but are treated as ‗capital‘ for the purposes of bank regulation. • Highly volatile interest rates enhanced the cost of following a policy of investing in fixed dividend rate preferred stock. This stimulated the development of various forms of adjustable rate preferred stock. Silber‘s constraint-induced model of innovation explains well a large proportion of commercial bank products. Yet it offers only a partial view of financial innovation as its focus is almost wholly on the issuers of securities, not the investors in securities. Van Horne3 views a new financial instrument or process as innovative, if it makes the financial markets more efficient and/or complete. A financial innovation makes the market more efficient if it reduces transaction costs or lowers differential taxes or diminishes ‗deadweight‘ losses. A financial innovation makes the market more complete if its after-tax market is one where every contingency in the world is
  • 33. matched by a distinct marketable security. The sheer number of securities required to span every possible contingency suggests that the market is bound to be incomplete in some way or the other. In such a market, there are unfulfilled investor needs. Hence, there is scope for designing securities to satisfy investor desires with respect to maturity, interest rate, protection, cash flow characteristics, put feature, or some other attribute. According to Van Horne the following factors prompt financial innovation: volatile inflation and interest rates, regulatory changes, tax changes, technological advances, the level of economic activity, and academic work on market efficiency and inefficiency. Collectively, the Miller, Silber, and Van Horne papers suggest that the following factors drive financial innovations: 1 M.H.Miller, ―Financial Innovation: The Last Twenty Years and the Next‖, Journal of Financial and Quantitative Analysis, December 1986. 2 W.L. Silber, ―The Process of Financial Innovation‖, American Economic Review, May 1983. 3 J.C. Van Horne, ―Of Financial Innovations and Excesses‖, Journal of Finance, July 1985. • Tax asymmetry • Regulatory or legislative changes • Volatility of financial prices • Transaction costs • Agency costs • Opportunities to reduce some form of risk or reallocate risk • Opportunities to increase an asset‘s liquidity • Academic work • Accounting benefit
  • 34. • Technological advances • Level of economic activity 2. TYPES OF FINANCIAL INNOVATIONS Financial innovations may be divided into the following categories: Category Example A. Consumer-type instruments • Variable life insurance policy • Money market mutual fund B. Securities • Zero coupon bond • Indexed — linked gilts C. Derivative securities • Options • Futures D. Process • Shelf registration process • Screen — based trading E. Creative solutions to a financial • Project financing problem • Leveraged buyout Since categories A, B and C represent financial products, we may broadly define a financial innovation as a new product or a new process or a creative solution to a financial problem. 3. FINANCIAL INNOVATIONS IN INDIA Till the mid — 1980s, the Indian financial system did not see much innovation. In the last two decades, financial innovation in India has picked up and it is expected
  • 35. to grow in the years to come, as a more liberalised environment affords greater scope for financial innovation. The important financial innovations that have taken place in India are listed below along with the principal factor which motivated it or fuelled its growth. Innovation Principal Motivating Factor • Debt-oriented schemes of mutual funds • Tax benefit • Partially convertible debentures and fully convertible debentures • Pricing and interest rate regulation obtaining under the Capital Issues Control Act • Deep discount / Zero coupon bonds • Tax benefit • Puttable and callable bonds • Perceived volatility of interest rates • Stock index futures • Volatility of equity prices • Badla transactions • Restriction on forward trading • Ready forwards • Restrictions under the portfolio management scheme • Havala transactions • RBI restrictions • Interest rate caps/floors/collars • Volatility of interest rates • Interest rate swaps • Volatility of interest rates • Currency swaps
  • 36. • Volatility of foreign exchange rates • Forward rate agreements • Volatility of interest rates • Automated teller machines • Technology • Screen-based trading • Technology • Floating rate bonds • Volatility of interest rates • Electronic funds transfer • Technology • Money market mutual funds • Volatility of interest rates • Specialised mutual funds • Investor preferences • Exchange-traded options • Volatility of stock prices • Project finance • Risk sharing 7. Conclusion One of the most important areas of economic reform lies in the financial system. On one hand, finance is the `brain' of the economy, and the skills of the financial system shape the efficiency of translation of gross capital formation into GDP growth. In addition, a sophisticated financial system gives resilience to shocks, particularly in an increasingly internationalised India. As an example, the extent to which monetary policy can stabilise the economy critically relies on a competitive
  • 37. banking system and a well functioning Bond-Currency-Derivatives Nexus: until financial policy puts these in order, monetary policy will remain relatively ineffectual. In some respects, Indian finance has made major progress. Policy makers over the last 20 years made important progress with revolutionary reforms of the equity market (including sophisticated thinking on institution building for SEBI, NSE and NSDL), the limited entry of private banks, and the limited liberalisation of the capital account. But these three areas of greater success have not been adequate in obtaining a financial system that is commensurate with India's needs, for intermediating $390 billion of savings and investment a year for an increasingly complex and internationalised economy. Key elements of the ancien regime that remain intact are financial repression, Protectionism, public sector ownership of financial norms, central planning, an archaic financial regulatory architecture and weaknesses of the rule of law. The reforms program now needs to frontally confront these elements. Some of the ideas emphasised in this paper have been accepted by policy makers and are under various stages of implementation. These five areas are: Establishment of the National Treasury Management Agency (NTMA) Establishment of the New Pension System (NPS) and the Pension Fund Regulatory and Development Authority (PFRDA) Establishment of the Financial Stability and Development Council (FSDC) Drafting rules for ownership and governance of critical financial infrastructure (presently underway with SEBI's Bimal Jalan committee) Drafting effort for financial law at the Financial Sector Law Reforms Commission (FSLRC). In these areas, the challenge is one of implementation. Thirteen issues remain the agenda for policy for the future:
  • 38. Roadmap for removal of financial repression. Unification of regulation of organised financial trading. Separation of banking regulation and supervision from RBI. Establishment of a meaningful deposit insurance corporation. Establishment of the Financial Services Appellate Tribunal (FSAT). Modifying FEMA to emphasise the rule of law, which would also remove the gap between de facto and de jure openness. Modifying capital controls so as to scale down protectionism. A fresh effort at building IRDA. A fresh effort at building a payments system. A reduced willingness to inject equity capital into public sector financial norms. Removal of entry barriers against banks and banking. Removal of transaction taxes, i.e. the stamp duty and the securities transaction tax. Shift towards residence-based taxation of global financial income.