The Union Finance Minister introduced the Securities Markets Code Bill, 2025 in the Lok Sabha, proposing a comprehensive overhaul of India’s securities laws.
About the Securities Markets Code (SMC) Bill, 2025
- The SMC Bill, 2025 aims to replace these three major, decades-old securities laws with a single, modern framework.
- The SEBI Act, 1992
- The Depositories Act, 1996
- The Securities Contracts (Regulation) Act, 1956
- This consolidation aims to remove overlapping and redundant provisions, creating a streamlined, principle-based legislative structure.
- This is the first comprehensive review of securities market legislation, intended to widen investor participation and enhance capital mobilisation.
Key Reforms and Provisions of the Bill
- Strengthening SEBI’s Regulatory Mechanism:
- Expanded Board: The SEBI Board will be expanded from the current 9 members to up to 15 members, including the Chairperson.
- Conflict of Interest: Board members must disclose any direct or indirect interests during decision-making.
- Subordinate Legislation: A more transparent and consultative process for issuing rules and regulations.
- Streamlined Enforcement & Adjudication:
- Single Process: Introduces a single adjudication process for all quasi-judicial actions.
- Clear Timelines: Sets timelines for investigations and interim orders to ensure time-bound regulatory action.
- Separation of Powers: Maintains an arm’s-length separation between investigation and adjudication functions.
- Decriminalisation for Ease of Doing Business:
- Shift to Civil Penalties: Minor, procedural, and technical violations will be converted into civil penalties.
- Criminal Provisions Retained: Criminal charges will remain for serious offences like market abuse, non-compliance with orders, and non-cooperation in investigations.
- Enhanced Investor Protection:
- Grievance Redressal: Establishes a time-bound grievance redressal mechanism and the office of an Ombudsperson to address investor complaints.
- Education & Awareness: Mandates enhanced investor education and awareness initiatives.
- Encouraging Innovation & Coordination
- Regulatory Sandbox: Empowers SEBI to set up a Regulatory Sandbox to foster innovation in financial products and services.
- Inter-Regulatory Coordination: Creates a framework for better coordination among regulators to facilitate seamless listing of various financial instruments.
Securities and Exchange Board of India

- SEBI is the apex regulatory body for India’s securities and commodity derivatives markets.
- Origin: Established in 1988 and given statutory powers via the SEBI Act, 1992.
- Headquarters: Mumbai, with regional offices in Ahmedabad, Kolkata, Chennai, and Delhi.
- Twin Mandate: Its primary objectives are to protect the interests of investors in securities and to promote the development and regulation of the securities market.
- Triple Roles: It functions with quasi-legislative (makes regulations), quasi-executive (enforces rules), and quasi-judicial (adjudicates disputes and imposes penalties) powers.
- Key Functions:
-
- Regulatory: Registers and oversees stock exchanges, brokers, mutual funds, and other intermediaries.
- Protective: Prohibits insider trading and fraudulent/unfair trade practices to ensure market integrity.
- Developmental: Promotes investor education and facilitates the introduction of new products and services.
Securities Market in India
- Meaning & Concept: Securities market refers to platforms where financial instruments like equity shares, debt, derivatives, mutual funds, etc. are issued, bought, and sold.
- It facilitates mobilisation of savings and their allocation to productive sectors, promoting economic growth.
- Components of Securities Market:
- Primary Market (New Issue Market): Issuance of new securities (Initial Public Offering, Follow-on Public Offering, Rights Issue, Qualified Institutional Placement). Helps companies raise long-term capital.
- Secondary Market: Trading of existing securities among investors. Provides liquidity and price discovery.
- Key Market Segments:
- Equity Market: Stocks of companies.
- Debt Market: Government and corporate bonds.
- Derivatives Market: Futures & options for risk management.
- Foreign Securities/International Offerings: ADRs, GDRs.
- Regulatory Framework: Securities and Exchange Board of India (SEBI) is the primary regulator ensuring investor protection and market integrity.
|