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Capital Market: Do Regulations Really Regulate the Market?

Dr N Balakumar

 

From time to time, Government of India (and its regulatory agencies like RBI and SEBI), to ensure proper functioning of stock exchanges towards their economic role in the financial system, appoints commissions and committees to enquire into the working and efficacy of the rules governing the working of stock exchanges.

 

A careful comparative examination of the recommendations given by various expert study groups, from Gorwala Committee (1951) to Melegam Committee (1995) - irrespective of the committees objective to study primary or secondary markets - reveals that, again and again certain major policy recommendations have been repetitively stressed by these studies.

 

Most of the committees have recommended either one or more of the following:

 

(i) Unhealthy speculation must be eliminated and any scheme for regulation and control of speculative activity has to be really effective and it must be on an all-India basis.

 

(ii) There should be fair dealings and protection of investors.

 

(iii) There should be a network of unified national market.

 

(iv) False trading, market rigging, spreading false rumours and making misleading statements to induce purchase or sale of securities should be made a punishable offense with fine and imprisonment.

 

(v) Uniform settlement system in all stock exchanges and in all shares.

 

(vi) Well-designed management information system, capable of producing relevant information should be introduced in all stock exchanges - in other words, effective modernised communication system for free flow of information.

 

(vii) Governing bodies of stock exchanges should be made equally representative of the stock brokers interest, the public and the users of stock market services.

 

(viii) Stock exchanges should allow for adequate number of brokers with greater degrees of professionalism discarding traditionalism.

 

(ix) Modern trading and settlement systems should be adopted by all stock exchanges.

 

(x) Stock exchanges should provide adequate investor support services.

  

Thus, these recommendations do tell us what Indian stock exchanges lack or in other words, where Indian stock exchanges have to be regulated.

 

It is very obvious that all the recommendations mentioned above by different study teams, at different time periods are valid even today, implying the fact that the real crux does not lie in identification of the problem nor in proper recommendations, but in the execution of the recommendations.

 

A study by the World Bank (January 1995) on emerging markets (inclusive of India) identified lack of high quality of regulatory framework as one of the important barriers to global equity-market integration. Also, organisational and informational inefficiencies may affect the role of the stock market in overall economic development in the long run.

 

Thus, the government or its policy making wings, instead of wasting their time and resources in appointing study groups one after the other, and getting the same recommendations again and again, should revamp the Indian stock markets, swiftly, especially, at this juncture when Foreign Financial Institutions are entering the Indian capital market with vigor so that industrial securities are accurately priced and financial resources are efficiently employed leading to allocation efficiency in the capital market, which, in turn, will lead to long-term economic growth.