UPSC MainsPUBLIC-ADMINISTRATION-PAPER-II202210 Marks150 Words
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Q12.

Examine the role of Securities and Exchange Board of India (SEBI) in protecting the interests of the investors in securities.

How to Approach

This question requires a focused answer on SEBI’s role in investor protection. The answer should begin by defining securities and investor protection, then detail SEBI’s regulatory functions, enforcement mechanisms, and investor awareness initiatives. Mentioning recent reforms and challenges faced by SEBI will add value. Structure the answer around SEBI’s functions – regulation, surveillance, enforcement, and investor education. Use examples of SEBI actions to illustrate its role.

Model Answer

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Introduction

The Indian securities market has witnessed significant growth in recent decades, attracting both domestic and foreign investment. However, this growth necessitates a robust regulatory framework to safeguard the interests of investors. The Securities and Exchange Board of India (SEBI), established in 1992, is the apex regulator for the securities market in India. Its primary mandate is to protect investors, promote the development of the securities market, and regulate its functioning. SEBI’s role is crucial in maintaining market integrity and fostering investor confidence, which are essential for sustained economic growth.

SEBI’s Role in Protecting Investor Interests

SEBI employs a multi-pronged approach to protect investors, encompassing regulation, surveillance, enforcement, and investor education.

1. Regulatory Functions

  • Registration and Regulation of Market Intermediaries: SEBI registers and regulates various market intermediaries like brokers, sub-brokers, merchant bankers, mutual funds, portfolio managers, and credit rating agencies. This ensures they adhere to ethical standards and possess the necessary qualifications.
  • Regulation of Stock Exchanges: SEBI oversees the functioning of stock exchanges, ensuring fair trading practices, efficient price discovery, and timely settlement of trades.
  • Regulation of Securities Offerings: SEBI regulates initial public offerings (IPOs), follow-on public offerings (FPOs), and private placements, ensuring transparency and disclosure of material information to investors. The SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009, govern these aspects.
  • Prohibition of Insider Trading: SEBI actively prevents and penalizes insider trading, ensuring a level playing field for all investors. The SEBI (Prohibition of Insider Trading) Regulations, 2015, are key in this regard.

2. Surveillance and Monitoring

  • Market Surveillance: SEBI employs sophisticated surveillance systems to monitor trading activity, detect manipulative practices, and prevent market abuse.
  • Risk Management: SEBI implements risk management measures to mitigate systemic risks in the securities market, such as circuit breakers and margin requirements.
  • Data Analysis: SEBI analyzes market data to identify potential irregularities and take corrective action.

3. Enforcement Actions

  • Investigation and Prosecution: SEBI investigates cases of fraud, manipulation, and other violations of securities laws. It can impose monetary penalties, issue cease-and-desist orders, and initiate prosecution in criminal courts.
  • Adjudication: SEBI’s adjudicating officers hear cases and impose penalties for violations of securities laws.
  • Settlement Mechanism: SEBI offers a settlement scheme allowing individuals and entities to resolve disputes by paying a penalty without admitting guilt.

4. Investor Education and Awareness

  • Investor Awareness Programs: SEBI conducts investor awareness programs through various channels, including workshops, seminars, and online resources, to educate investors about their rights and responsibilities.
  • Financial Literacy Initiatives: SEBI promotes financial literacy to empower investors to make informed investment decisions.
  • Complaint Redressal Mechanism: SEBI provides a complaint redressal mechanism for investors to lodge grievances against market intermediaries and stock exchanges. SCORES (SEBI Complaints Redress System) is a prime example.

Recent Developments & Challenges

SEBI has been actively adapting to the evolving financial landscape. Recent initiatives include strengthening cybersecurity measures, regulating algorithmic trading, and promoting responsible investing. However, challenges remain, including dealing with complex financial instruments, combating fraudulent schemes, and enhancing investor awareness in rural areas.

Conclusion

SEBI plays a pivotal role in safeguarding the interests of investors and maintaining the integrity of the Indian securities market. Through its comprehensive regulatory framework, robust surveillance mechanisms, and effective enforcement actions, SEBI fosters investor confidence and promotes the development of the capital market. Continuous adaptation to emerging challenges and a focus on investor education are crucial for SEBI to effectively fulfill its mandate in the future.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Securities
Securities are financial instruments representing ownership (stocks), a debt relationship (bonds), or rights to ownership (derivatives). They are tradable and represent a claim on the assets of the issuer.
Insider Trading
Insider trading refers to the illegal practice of trading in a company’s securities based on material non-public information.

Key Statistics

As of March 2023, the number of Demat accounts in India exceeded 100 million, indicating increased investor participation in the securities market.

Source: Depositories Participating System (DPS) data, as reported by the Securities and Exchange Board of India (SEBI) (Knowledge Cutoff: 2023)

In FY23, SEBI collected over ₹800 crore in penalties from various entities for violations of securities laws.

Source: SEBI Annual Report 2022-23 (Knowledge Cutoff: 2023)

Examples

Sahara Case

SEBI’s investigation into the Sahara Group’s Optionally Fully Convertible Bonds (OFCD) scheme revealed fraudulent practices and led to orders for Sahara to refund investors approximately ₹24,000 crore. This demonstrated SEBI’s commitment to protecting investors from Ponzi schemes.

Frequently Asked Questions

What is the role of SCORES in investor protection?

SCORES (SEBI Complaints Redress System) is an online platform where investors can lodge complaints against listed companies and market intermediaries. SEBI monitors the resolution of these complaints, ensuring timely redressal of investor grievances.

Topics Covered

EconomyGovernanceFinancial MarketsRegulationInvestor Protection