Capital Evolution: From the License Raj to the Digital Age

Columnist-BG-Srinivas

Greetings to the Orangenews9 Team and its readers. Responding to the Editor’s appeal, I chose to write about how India’s financial architecture has evolved during the last eighty years of Independence.

The story of post-Independence India’s financial architecture is a remarkable chronicle of reinvention. Over nearly eight decades, the nation has moved from a rigid, state-controlled economic system to a more open, regulated, technology-driven market economy. This transformation was neither linear nor effortless. It was accelerated by economic crises, regulatory reforms, technological breakthroughs and profound behavioural changes among citizens. From an era when household wealth was largely locked away in physical gold and traditional savings instruments, India has moved towards a financial ecosystem increasingly driven by markets, digital infrastructure and wider participation.

The Historical Metamorphosis: From State Mandates to Market Freedom

For the first four decades after Independence in 1947, India followed an inward-looking, socialist economic model popularly known as the License Raj. Financial markets were heavily regulated, restricted, and largely inaccessible to ordinary citizens. The government directed national savings towards public-sector enterprises through Five-Year Plans. The establishment of the Unit Trust of India in 1963 marked the beginning of the mutual fund industry, but retail investment choices remained limited.

Household savings were channelled predominantly into relatively safe avenues such as bank fixed deposits, the Public Provident Fund, postal savings instruments, physical gold and real estate. The stock market of that era was largely an exclusive, paper-based domain, characterised by manual processes, limited transparency, information asymmetry and cumbersome settlement procedures.

The structural breaking point came in 1991, when a severe balance-of-payments crisis forced the government to undertake sweeping Liberalisation, Privatisation and Globalisation reforms. The dismantling of industrial licensing and the abolition of the Controller of Capital Issues marked a decisive shift from an approval-oriented system towards a disclosure-based capital market framework.

A major milestone followed in 1992, when foreign institutional investors were permitted to invest in Indian securities markets. This helped fundamentally alter the trajectory of Indian capital markets. Foreign institutional capital, followed later by a broader flow of global portfolio investment, deepened market liquidity and exposed Indian companies to increasingly demanding standards of corporate disclosure and governance. Over time, this contributed to the development of a more sophisticated capital market capable of supporting the country’s expanding corporate and infrastructure requirements.

The Architectural Cleansing: The Rise of SEBI and Structural Hygiene

As financial markets expanded, a series of market abuses and speculative episodes exposed serious structural weaknesses. The Securities and Exchange Board of India, established in 1988 and granted statutory powers under the SEBI Act, 1992, emerged as the principal market regulator.

The Depositories Act, 1996, accelerated the migration from physical share certificates to electronic holdings. Dematerialisation virtually eliminated problems associated with forged certificates, bad deliveries and cumbersome transfer procedures. Settlement systems were progressively modernised—from longer settlement cycles to T+5, T+3, T+2 and eventually T+1. SEBI has also introduced an optional T+0 settlement mechanism for a limited segment of the equity market, marking another step towards faster settlement and lower counterparty risk.

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Over the years, regulatory standardisation also expanded across mutual funds and other financial products, improving transparency and strengthening investor protection.

The Retail Juggernaut: Fintech and the Democratisation of Finance

The regulatory and technological transformation of the financial system laid the foundation for an unprecedented expansion of retail participation. Cheap mobile data, smartphones, digital identity, online KYC and the Unified Payments Interface have dramatically reduced the barriers to participating in formal finance and capital markets.

The rise of systematic investment plans has been particularly significant. Equity investment is increasingly being viewed not merely as speculation but as a disciplined, long-term wealth-creation tool. Digital brokerage platforms have further reduced transaction costs and simplified access, enabling millions of ordinary investors to participate in mutual funds and equity markets.

This expanding domestic investor base has also strengthened the resilience of Indian capital markets. In the past, the market was considerably more vulnerable to sudden movements of foreign capital. Today, growing domestic participation provides an important counterweight during periods of global volatility, although foreign investment flows remain an important influence on market movements.

Remedial Interventions: Systemic Failures and Regulatory Overhauls

India’s financial evolution has repeatedly been tested by corporate failures, shadow-banking crises and financial frauds. Each episode exposed regulatory weaknesses and prompted institutional responses from the government, RBI, SEBI and other regulators.

Following problems involving companies that raised public deposits, amendments to corporate law strengthened safeguards for depositors. Companies accepting eligible deposits are required, among other things, to maintain a Deposit Repayment Reserve Account containing at least 20 per cent of deposits maturing in the following financial year.

The proliferation of unregulated deposit schemes and fraudulent investment arrangements led to the Banning of Unregulated Deposit Schemes Act, 2019. The legislation prohibits unregulated deposit schemes and provides mechanisms for attachment and sale of properties, subject to orders of designated courts, with the objective of protecting depositors and facilitating restitution.

The collapse of several cooperative banking institutions also highlighted the complications arising from the dual regulatory structure governing cooperative banks. Amendments to the Banking Regulation Act in 2020 strengthened the RBI’s powers over cooperative banks, particularly in matters relating to banking operations, governance and financial stability. However, cooperative societies continue to have a separate legal and administrative framework under state laws.

Depositor protection was also significantly strengthened. Deposit insurance through the Deposit Insurance and Credit Guarantee Corporation was raised from ₹1 lakh to ₹5 lakh per depositor, providing substantially greater protection to small depositors.

The 2018 collapse of Infrastructure Leasing & Financial Services (IL&FS), despite its high credit ratings, sent shockwaves through India’s financial system, particularly the commercial paper and mutual fund markets. The episode prompted a major strengthening of the regulatory framework for non-banking financial companies. The RBI subsequently introduced a four-layer Scale-Based Regulation framework, with greater regulatory requirements for larger and riskier NBFCs.

The establishment of the National Financial Reporting Authority further strengthened oversight of financial reporting and auditing, while liquidity requirements for larger NBFCs were tightened to improve their ability to withstand periods of financial stress.

Enforcement, Resolution and Corporate Governance Reform

The modern approach has increasingly shifted from reactive intervention towards proactive enforcement, faster resolution of stressed assets and stronger corporate governance.

The Serious Fraud Investigation Office employs forensic and multidisciplinary expertise to investigate complex corporate frauds, while the Enforcement Directorate uses provisions of the Prevention of Money Laundering Act to attach assets linked to alleged money laundering, subject to the statutory and judicial process.

The IL&FS crisis also demonstrated the importance of innovative resolution mechanisms. The government superseded the company’s board and appointed a new board to steer the group through a structured resolution process. The group’s entities were categorised according to their financial condition, while viable infrastructure assets were subsequently placed into structures such as Infrastructure Investment Trusts. This helped preserve economic value and enabled creditors to recover substantial amounts without resorting to indiscriminate asset liquidation.

Corporate governance standards have likewise evolved. Independent directors are subject to eligibility, independence and competency requirements, and the Ministry of Corporate Affairs has established a proficiency framework through the Indian Institute of Corporate Affairs. SEBI and the Companies Act have also progressively tightened disclosure and accountability requirements surrounding independent directors and their resignation.

A Resilient, Institutionalised Future

The transformation of India’s financial landscape represents one of the most consequential economic changes of the past eight decades. The country has moved from an insular, paper-based and heavily controlled financial system towards a more open, regulated, digitised and increasingly retail-driven ecosystem.

The journey is far from complete. Financial literacy, investor protection, corporate governance and regulatory enforcement will remain ongoing challenges. Yet the transformation is undeniable.

By strengthening market regulation, digitising financial infrastructure, improving depositor and investor protection, creating mechanisms for insolvency and asset resolution, and widening access to capital markets, India has built a considerably stronger financial foundation.

The real achievement is not merely that India’s markets have become larger. It is that capital itself has become more accessible, transparent and democratic. The financial architecture of tomorrow will therefore be very different from the one inherited at Independence—and that may ultimately prove to be one of the most important stories of India’s transformation over these eighty years.

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