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doi: 10.1093/jfr/fjw010
Advance Access Publication Date: 9 June 2016
Panorama
* Vishrut Kansal is currently pursuing B.A.LL.B.(H) from the WB National University of Juridical Sciences
(NUJS), Kolkata, India. Email: vishrutkansal@nujs.edu
1 Janak Raj, JK Khundrakpam and Dipika Das, An Empirical Analysis of Monetary and Fiscal Policy
Interaction in India (2011) RBI Working Paper Series No 15 <https://www.rbi.org.in/Scripts/
PublicationsView.aspx?id=13841> accessed 5 April 2016.
C The Author 2016. Published by Oxford University Press. All rights reserved.
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283
284 Journal of Financial Regulation
In India, section 3 of the Reserve Bank of India (RBI) Act 1934 (Act) constitutes
RBI for carrying on the business of banking in accordance with the Act and section
45W empowers RBI to calibrate Indias monetary policy. Therefore, RBI is the mone-
tary authority of India with its central board consisting of nominees and appointees of
the Government of India (GoI) (the fiscal authority). With predominant control exer-
cised statutorily by the GoI on its institutional and financial aspects, the RBI lacks legal
and institutional independence, with hardly any trappings of financial independence.
Additionally, Preamble to the Act expressly states that its goal is to secure monetary sta-
bility, thereby limiting its goal-independence. Left only with the independence to de-
cide upon the policy instrument(s), RBI enjoys instrumental and operational
autonomy, and is also limited in practice by its conventional resort to repo rate.
Bereft of any independence that could be exercised as a right rather than as a priv-
ilege, many contradictions have arisen in the past with respect to the RBIs function
I I . T EC H N I C A L A D V I S O R Y C O M M I T TE E : NE E D F O R RE F O R M
Even though section 45W of the Act empowers the bank ie the RBI to determine the
monetary policy, this power is technically exercised by the RBI Governor vide section
7(3). The Governor, despite being of sterling caliber, may fault in his judgment in singly
taking monetary policy decisions. Conventionally therefore, a Technical Advisory
Committee on Monetary Policy (TAC) under the chairmanship of the RBI Governor
has been regularly constituted by the RBI (since July 2005) as an internal committee to
make monetary policy formulation more consultative, with advice being sought from ex-
ternal experts serving as members of the committee. Since February 2011, in the interest
of transparency, the RBI has consistently disclosed in the public domain TACs minutes
of meetings (that usually take place once per quarter) with a lag of roughly four weeks.
However proactive, any views expressed by the TAC shall always remain merely
advisory and non-binding upon the RBI Governor, who is statutorily vested with un-
bridled powers to set the policy rates. To a limited extent however, the current regu-
latory scheme imposes an ex post accountability on the RBI (and not the TAC)
against any failure in achieving its monetary policy objectives: (i) section 11(1) of
the Act empowers the GoI to remove the RBI Governor who has consistently failed
to achieve monetary stability; and (ii) section 30 allows the GoI to supersede the
RBIs central board if it fails to carry out its obligations under the Act, including suc-
cessful conduct of monetary policy. This ex post accountability framework is
Developments in Indias Monetary Policy Framework 285
II I . G O A L- S ET T IN G A ND N O M I NA L A N CH O R : NE E D F O R R E FO R M
The goal of the RBIs monetary policy, as stated in the Preamble to the Act, is to se-
cure monetary stability. Monetary stability means sustaining confidence in the cur-
rency by stabilizing its value, measured usually in terms of its domestic purchasing
power (price level). Therefore, monetary stability is used synonymously with price
stability, which is in turn defined in terms of low and stable inflation and not by sta-
tionary price levels. Therefore, the Act indicates that the role of the RBI is to stabilize
inflation expectations; but it leaves issues like the appropriate nominal anchor, the
monetary policy approach, its operating framework, etc unaddressed.
2 Urjit Patel, Report of the Expert Committee to Revise and Strengthen the Monetary Policy Framework (2014)
<https://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/ECOMRF210114_F.pdf> accessed 5 April 2016.
286 Journal of Financial Regulation
volatility in currency markets, according to the Rajan Committee, would stabilize the
exchange rate, thereby encouraging exports, foreign investment in rupee denomi-
nated corporate and government bond market, and domestic long-term investments,
all eventually leading to higher growth in the long term.
I V. P R O P O SE D I ND I A N F IN A NC I A L CO D E 2 0 1 3
Financial Sector Legislative Reforms Commission (FSLRC), under the chairmanship
of B.N. Srikrishna, in its March 2013 report proposed an Indian Financial Code
(IFC 1.0). Therein it proposed price stability as a desirable goal and left it upon the
GoI to declare predominant and additional/secondary objectives for the RBIs mone-
tary policy. The objectives, along with their quantified medium-term targets, were to
be provided by the GoI, in a statement issued every two years, in consultation with
the RBI Governor. It, therefore, proposed to completely take away the goal-
V . P A T EL C O M M IT T EE R EC O M M EN D A T I O N S
After duly considering the recommendations of the Rajan Committee and the
FSLRC-proposed IFC 1.0, Patel Committee recommended adoption of Flexible
Developments in Indias Monetary Policy Framework 287
Inflation Targeting (FIT), with inflation measured in terms of CPI-C as the nominal
anchor. FIT meant maintaining low and stable inflation around predetermined target
rate in the short term while stabilizing real economy, maintaining price stability, and
stimulating sustainable growth in the medium term. Accordingly, inflation was to be
maintained at 4 per cent with a band of (/) 2 per cent as the predominant objec-
tive of the RBIs monetary policy, and disinflation from a current level of 10 per cent
to a recommended target of 4 per cent through a glide path spanning across three
years. It also recommended making fiscal policy a strategic complement to the mone-
tary policy in achieving price stability, through bringing down fiscal deficit,
de-administering prices, wages, and interest rates, and maintaining transparency, co-
ordination, and clear communication.
On the operational front, the Patel Committee recommended constituting a five-
member MPC under the chairmanship of the RBI Governor and, consisting solely of
V I . M O N E T A R Y PO L I C Y F R A M E W O R K A G R EE M E N T
By April 2014, the RBI implemented FIT (as recommended by the Patel Committee)
through adoption of CPI-C as the key measure of inflation, and of the glide path of
disinflation to 6 per cent CPI-C measured inflation by Jan 2016.5 Thereafter, on 20th
February 2015, the RBI entered into a Monetary Policy Framework Agreement
(MPFA) with the GoI, which explicitly recognized the primary objective of monetary
policy as maintaining price stability, while keeping in mind the objective of growth.
This predominant objective of price stability was to be achieved through FIT (as had
already been implemented by the RBI). Accordingly, the RBI was required to target
3 For instance, Alan Greenspan wielded wide influence over US Federal Open Market Committee and main-
tained prolonged period of low interest rates that encouraged bubble in housing prices, ultimately culmi-
nating in 2008 sub-prime mortgage crises, See Katalina M Bianco, The Subprime Lending Crisis: Causes and
Effects of the Mortgage Meltdown (CCH 2008) <https://business.cch.com/images/banner/subprime.pdf>
accessed 5 April 2016.
4 Philipp Maier, Monetary Policy Committees in Action: Is There Room for Improvement? (2007) Bank
of Canada, Staff Working Paper 2007-6 <www.bankofcanada.ca/wp-content/uploads/2010/02/wp07-6.
pdf> accessed 5 April 2016.
5 RBI, First Bi-monthly Monetary Policy Statement, 2014-15 By Dr. Raghuram G. Rajan, Governor (Press
Release, 1 April 2014) <https://www.rbi.org.in/scripts/BS_PressReleaseDisplay.aspx?prid=30911>
accessed 5 April 2016; RBI, Third Quarter Review of Monetary Policy 2013-14: Statement by Dr.
Raghuram G. Rajan, Governor, Reserve Bank of India (Press Release, 28 January 2014) <https://www.rbi.
org.in/scripts/BS_PressReleaseDisplay.aspx?prid=30495> accessed 5 April 2016.
288 Journal of Financial Regulation
inflation, as measured by monthly CPI-C in percentage terms, below 6 per cent by Jan
2016 and, 4 per cent (/) 2 per cent for 201617 and onwards.
Clause 3 of the MPFA, in consonance with the Act, states that the RBI Governor
shall determine the policy rate to achieve the inflation target; and Clause 6 states the
consequences of the RBIs failure to do so. If the RBI fails to meet the inflation tar-
get, it is required to submit a report to the GoI detailing the reasons for its failure, re-
medial actions proposed to be taken, and an estimate of the time period within
which the target would be achieved thereafter. However, there is no scope for the
RBI to dispute its responsibility or assert in its report that the external pressures, sup-
ply shocks or fiscal indiscipline, over which RBI has no control, caused its failure to
achieve the target. MPFA may, therefore, provide a leeway to the GoI to continue
raising fiscal deficit (in disregard of the Patel Committee recommendations) and at-
tribute responsibility on the RBI for rising inflation. Ideally, MPFA must be supple-
monetary authority bound by the decisions of the MPC, of which it would ostensibly
be the constitutor, and by that fact, accountable for its failure.
Four external members, who were to be appointed by the GoI to the MPC, were
to be selected from a pool of candidates shortlisted by the Selection Committee.
The Selection Committee, under the chairmanship of a GoI nominee, was to consist
of three independent experts and, a variable member. For appointment of members
of a Financial Agency (including the RBI), the variable member was to be the
Chairperson of the Financial Agency. Accordingly, the RBI Governor would have
been the variable member of the Selection Committee to propose candidates to the
GoI for their appointment to MPC. Four members, selected by the GoI out of a
pool of candidates proposed by the Selection Committee that includes the RBI
Chairperson as its member, would not have been stricto sensu external to RBI.
Furthermore, there was no provision in the IFC 1.1 to ensure that the members cho-
V I I I . FI N A N C E B I L L 2 0 1 6
On 29 February 2016, GoI introduced Finance Bill 2016 in the House of the People
(Lok Sabha) of the Parliament of India that will amend the Act to institutionalize
MPFA and constitute an MPC.6 The Preamble to the Act will be accordingly
amended to state the primary objective of monetary policy as maintaining price sta-
bility while keeping in mind the objective of growth. Like IFC 1.1 (see above), it
states that the inflation target in terms of CPI-C will be decided by the GoI in consul-
tation with the RBI (once in every five years) and thereafter notified in the official ga-
zette. Despite the continued institutional dominance of fiscal authority, this is
expected to at least make a transition from erstwhile fiscal dominance to mutual
cooperation in monetary policy making.
On the operational front, a six-member MPC will be constituted under the chair-
manship of the RBI Governor, with the Deputy Governor in charge of monetary pol-
icy and a bank officer nominated by the central board to be the ex officio members.
Three other members will be independent experts appointed by the GoI on recom-
mendations made by the search-cum-selection committee consisting of the RBI
Governor as its member. They will be appointed for four years and will be ineligible
for reappointment. Their terms and conditions of appointment, including remunera-
tion and other allowances payable will be as per the regulations made by the RBI.
Insofar as rendering monetary policy subservient to fiscal dominance is advised
against (see above); the Finance Bill 2016 ensures that the appointment of external
members to MPC by the GoI is made at arms length (to allay fears of politicization
6 A Finance Bill is a Money Bill (under article 110 of the Constitution of India) that is introduced every
year in the Lok Sabha after the presentation of the Union Budget, to give effect to the financial proposals
of the Government of India for the immediately following financial year. Given the clear majority of the
National Democratic Alliance led by the Honble Prime Minister, Mr Narendra Modi, Finance Bill 2016 is
expected to be enacted into a law latest by May 2016.
290 Journal of Financial Regulation
of the process), having due regard to their independence (objectively defined in the
Bill 2016) and expertise in matters relevant to the monetary policymaking.
Additionally, fixing their tenure to four years without any scope for reappointment
or grant of an extension of tenure bereaves them of any politically motivated reward
(reappointment/tenure extension) or deterrence (punitive dismissal).
MPC will determine the policy rate (repo rate) that will bind the RBI. Each mem-
ber in the MPC will have one vote, with the Governor enjoying a second and casting
vote for tie-resolution. Minutes of each MPC meeting, including the voting pattern
and the statements of individual members while voting for/against a resolution, are
to be published with a lag of two weeks. Transparency in publicly disclosing the indi-
vidual statements and voting pattern of all members of MPC will diminish the possi-
bility of group thinking and will foster public accountability of even GoI-appointed
external members. The responsibility of decision-making, and with it, the internal