The Securities and Exchange Board of India (SEBI) is the apex regulatory body for the
securities market in India. Here's a detailed overview:
1. Establishment and Background:
● Formation: SEBI was initially established as a non-statutory body on April 12, 1988,
through an executive resolution of the Government of India.
● Statutory Status: It gained statutory powers on January 30, 1992, with the enactment of
the Securities and Exchange Board of India Act, 1992. This made SEBI an autonomous
and independent regulatory body.
● Headquarters: Mumbai, India. It also has regional offices in New Delhi, Chennai, Kolkata,
and Ahmedabad, along with other local regional offices.
● Ministry: SEBI functions under the administrative control of the Ministry of Finance,
Government of India.
2. Preamble and Core Objectives: The Preamble of the SEBI Act describes its basic functions
as:
● Protecting the interests of investors in securities: This is SEBI's foremost objective,
ensuring investors receive accurate information and are shielded from fraudulent
practices.
● Promoting the development of the securities market: Fostering growth and efficiency
in the market.
● Regulating the securities market: Ensuring fair, transparent, and orderly functioning of
the market.
● Addressing matters connected therewith or incidental thereto.
SEBI aims to meet the needs of three key groups in the securities market:
● Issuers: Providing a marketplace for them to raise funds fairly and easily.
● Investors: Offering protection, accurate information, and a safe investment environment.
● Intermediaries: Creating a competitive and well-regulated market for them.
3. Organizational Structure: The SEBI Board typically consists of nine members:
● Chairman: Nominated by the Union Government of India.
● Two officers: From the Union Ministry of Finance.
● One member: From the Reserve Bank of India (RBI).
● Five other members: Nominated by the Union Government of India, of whom at least
three are full-time members.
4. Powers of SEBI (Three-Fold Authority): SEBI possesses significant powers, often
described as having three powers rolled into one body:
● a) Quasi-Legislative:
○ Rule-making: SEBI has the authority to frame rules and regulations to protect
investor interests and prevent malpractices. Examples include insider trading
regulations, listing obligations, and disclosure requirements.
○ Guidelines and Circulars: It issues guidelines and circulars governing various
aspects of the securities market, including issuance, trading, and listing of
securities, and the conduct of market participants.
○ These regulations are enforceable and binding on market participants.
● b) Quasi-Executive:
○ Enforcement: SEBI is empowered to implement its regulations and judgments and
take legal action against violators.
○ Investigation: It can inspect books of accounts and other documents, summon and
enforce attendance of individuals, and examine them under oath to investigate
violations.
○ Intervention: SEBI monitors market activities and takes proactive interventions to
enforce compliance and maintain market integrity, including issuing directives and
imposing trading restrictions.
● c) Quasi-Judicial:
○ Adjudication: SEBI has the authority to deliver judgments and pass orders related
to fraud and other unethical practices in the securities market.
○ Penalties: It can impose penalties and sanctions on offenders.
○ Accountability: While SEBI's powers are extensive, its decisions can be appealed
to the Securities Appellate Tribunal (SAT) and further to the Supreme Court of India,
ensuring a system of checks and balances.
5. Key Functions of SEBI: SEBI's functions can be broadly categorized into three types:
● a) Protective Functions:
○ Prohibiting fraudulent and unfair trade practices (e.g., price rigging, misleading
statements).
○ Preventing insider trading.
○ Promoting fair practices and a code of conduct for intermediaries.
○ Educating investors and creating awareness about the securities market.
○ Prohibiting unfair and dishonest business practices.
● b) Regulatory Functions:
○ Registering and regulating brokers, sub-brokers, share transfer agents, merchant
bankers, custodians, depositories, foreign portfolio investors, credit rating agencies,
and other intermediaries.
○ Registering and regulating the working of collective investment schemes, including
mutual funds and venture capital funds.
○ Regulating substantial acquisition of shares and takeovers of companies.
○ Conducting inquiries and audits of stock exchanges and intermediaries.
○ Levying fees and other charges for carrying out its functions.
○ Specifying regulations for listing and delisting of securities.
● c) Developmental Functions:
○ Promoting investor education and training of intermediaries.
○ Conducting research and publishing information useful to all market participants.
○ Promoting fair trading practices.
○ Undertaking measures to reduce malpractices in the securities market.
○ Encouraging self-regulatory organizations (SROs) in the market.
6. Importance and Impact: SEBI plays a crucial role in:
● Maintaining market integrity: Ensuring a fair and transparent environment for all
participants.
● Investor confidence: Protecting investors' interests, which is vital for attracting capital to
the market.
● Market development: Facilitating the growth and efficiency of the Indian securities
market.
● Risk management: Implementing measures to mitigate systemic risks and maintain
stability.
In essence, SEBI acts as a vigilant watchdog of the Indian capital market, striving to strike a
balance between regulation and market development to foster a robust and trustworthy financial
ecosystem.