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8                                                               India Insurance Report - Series II



            Commission (FSLRC)  to comprehensively review  and redraw the  legislation governing India’s
        financial system. According to the FSLRC, the current regulatory structure is fragmented and fraught
        with regulatory gaps, overlaps, inconsistencies and arbitrage. To address this, FSLRC suggested a draft
        Indian Financial Code (IFC) to replace the bulk of the existing financial laws. The draft code is a non-
        sectoral, principle-based law bringing together laws governing different sectors of the financial system.
        The draft Code seeks to move away from the current sector-wise regulation to a system where the RBI
        regulates the banking and payments system. A Unified Financial Agency subsumes existing regulators
        like the Securities and Exchange Board of India (SEBI), the Insurance Regulatory and Development
        Authority of India (IRDAI), PFRDA, International Financial Services Centers Authority (IFSCA) and
        Forward Markets Commission (FMC) to regulate the rest of the financial markets. (However, there
        must be differential focuses on  ‘prudential’ regulatory requirements and ‘conduct’ issues). IFC also
        envisages a seller-beware market. The RBI is relieved of its public debt management role.

            ‘Solutioning’ should replace the current ‘supply paradigm’, and TECHFIN must be geared up along
        with Web 3.0. which would necessitate financial regulators to build a framework for the ‘future of
        finance’. Environment, Social and Governance (ESG), anyway, demands higher attention and regulatory
        scrutiny.

            Historically, finance has always been international in character. The financial architecture, with
        financial inclusion as its archetype, must raise state capacity within and without and go full hog. It
        requires a whole-of-the-government approach and a committed political capital.
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