Commentary
In the tenth year of his presidency, President Mirziyoyev’s system is becoming even more personalized than that of his predecessor Karimov.
Galiya Ibragimova
{
"authors": [
"Anirudh Burman",
"K.P. Krishnan"
],
"type": "other",
"centerAffiliationAll": "",
"centers": [
"Carnegie Endowment for International Peace",
"Carnegie India"
],
"collections": [],
"englishNewsletterAll": "",
"nonEnglishNewsletterAll": "",
"primaryCenter": "Carnegie India",
"programAffiliation": "",
"programs": [],
"projects": [
"Political Economy"
],
"regions": [
"India"
],
"topics": [
"Domestic Politics",
"Economy"
]
}
Source: Getty
Other
Statutory Regulatory Authorities: Evolution and Impact
Statutory regulatory authorities are bound by the same principles of administrative law as other government agencies, as defined by the judiciary from time to time.
Published on Apr 4, 2019
Source: Hart Publishing
A number of statutory regulatory authorities have emerged in India since the 1990s. Statutes that have established regulators focus broadly on: (a) the design of the apex decision-making body (board or authority); (b) the substantive powers of the regulator, and; (c) accountability mechanisms such as audits, accounting and reporting. Such statutes are usually ‘thin’ on guidance to regulators on how to conduct their administrative functions. Consequently, statutory regulatory authorities are bound by the same principles of administrative law as other government agencies, as defined by the judiciary from time to time. However, independent regulators perform their functions in ways that are distinct from government departments.
First, statutory regulatory authorities concentrate legislative (regulation-making), executive (monitoring and supervision) and judicial (issuing orders) powers in contrast to the normal structure of government departments.1 This structure potentially violates the principle of separation of powers and affects the design of statutory regulatory authorities. Second, the frequency and volume of regulation-making is significantly higher due to the responsibility of regulators to react to dynamic market requirements. Third, there is an independent and specialised appellate mechanism against the regulatory actions of most regulators.
This book chapter was originally published by Hart Publishing.
NOTES
1 See generally Financial Sector Legislative Reforms Commission, ‘Report of the Financial Sector Legislative Reforms Commission’, 2013, https://dea.gov.in/sites/default/files/fslrc_report_vol1_1.pdf.
About the Authors
Anirudh Burman
Former Associate Research Director and Fellow, Carnegie India
Anirudh Burman was an associate research director and fellow at Carnegie India. He works on key issues relating to public institutions, public administration, the administrative and regulatory state, and state capacity.
K.P. Krishnan
K.P. Krishnan is the secretary of the Ministry of Skill Development and Entrepreneurship of the Government of India.
Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.
More Work from Carnegie Russia Eurasia Center
- Ten Years After Karimov’s Death, How Much Has Uzbekistan Really Changed?
- Russia and the West Want Different Things From Telegram’s DurovCommentary
While France and Australia are seeking to establish the legal obligations of messaging apps like Telegram, Russia wants total subordination.
Maria Kolomychenko
- Russia’s Orthodox Church Rewrites Rules for Venerating Saints to Help the KremlinCommentary
The recent uncovering of Dmitry Donskoy’s relics in the Cathedral of the Archangel is yet another attempt by the Russian Orthodox Church to help the state solve its problems. However, parroting the state’s version of Russian history leaves the Church with no message except “patriotism.”
Alexander Zanemonets
- As It Turns 25, the Shanghai Cooperation Organization Reflects the New World OrderCommentary
With the growth in points of friction between the great powers, organizations like the SCO will continue to play a role in the strategic adaptation of the smaller powers caught between them.
Temur Umarov
- How the Kremlin Turned Tech Whiz-Kid VK Into a Loss-Making State CorporationCommentary
The war in Ukraine and a change in ownership led VK to neglect its commercial ventures in favor of implementing the Kremlin’s online agenda. Now it’s been sanctioned by the EU.
Maria Kolomychenko
