IL&FS Crisis and Beyond: Assessing India’s Regulatory Framework for Financial Stability

  • Sumit Kumar Sharma
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  • Sumit Kumar Sharma

    LL.M. student at National University of Study and Research in Law, India

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Abstract

The IL&FS crisis of 2018, which involved a significant default by the infrastructure finance company IL&FS, highlighted critical deficiencies in India's regulatory framework for financial stability. The crisis exposed the lack of coordination among regulatory bodies such as the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI), and the Insurance Regulatory and Development Authority of India (IRDAI). These gaps allowed regulatory arbitrage and hindered the effective identification and mitigation of systemic risks. Additionally, the crisis revealed weaknesses in corporate governance, as IL&FS exploited special purpose vehicles to obscure its financial condition, and its board failed to exercise adequate oversight. The crisis underscored the need for enhanced risk management, improved transparency, and stronger corporate governance within the financial sector. In response, the government and regulatory bodies have initiated reforms, including the establishment of a Financial Stability Board (FSB) and stricter corporate governance regulations. However, more comprehensive measures are required to ensure the resilience of the financial system against future shocks. Recommendations for reform include enhancing collaboration among regulators, mandating greater independence and authority for audit committees, and implementing advanced risk assessment models. Increasing transparency and disclosure requirements for financial institutions is also crucial. Furthermore, empowering the RBI with the authority to impose stricter capital requirements and conduct bail-ins for troubled financial institutions could strengthen regulatory oversight. These reforms are essential to protect investors, maintain financial stability, and support India's economic growth and development. A robust regulatory framework is vital for safeguarding the integrity of the financial system and ensuring its resilience in the face of potential crises.

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Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 1114 - 1123

DOI: https://doij.org/10.10000/IJLSI.112017

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