Firm where risks are high, light-touch where they are low, predictable in both
A NITI Aayog member told the Kautilya conclave that the choice is not between regulation and growth, and that regulators should ask whether a new rule is warranted before writing one for every possible failure.
What happened
- At the fifth Kautilya Economic Conclave, a Member of NITI Aayog argued for a decisive shift towards light-touch, risk-proportionate regulation.
- The stated goal: a State firm where risks are high and light-touch where risks are low, but predictable in both.
- The pressures named: tariffs, export controls and investment restrictions used as strategic instruments, and technology moving faster than institutions can adapt.
- Regulatory requirements should be calibrated to the nature and consequences of the risk, with regulators asking whether a rule is warranted before writing it.
- Independence must go with accountability, and effective regulation depends on State capacity and specialised expertise.
For Prelims
- Risk-proportionate regulation: the principle that the intensity of a rule should match the severity and likelihood of the harm it addresses. The opposite failure modes are over-regulation of low-risk activity and under-regulation of systemically important activity.
- Trust-based governance: the policy line this address links to, expressed in the Jan Vishwas (Amendment of Provisions) Act, 2023, which decriminalised a large number of minor offences across central statutes, converting imprisonment and prosecution into monetary penalties.
- Regulatory independence against accountability: Indian regulators derive autonomy from their parent statutes; accountability runs through parliamentary scrutiny, appellate tribunals and judicial review. The address asks for a third element - published performance.
- Regulatory impact assessment: the discipline of testing whether a proposed rule is needed, what it will cost and who bears it, before notification. India has no general statutory requirement for one, which is what the phrase "assess whether new rules are warranted" is asking for.
- Overlapping mandates: a firm offering payments, credit and insurance through one application can fall under the Reserve Bank, SEBI, IRDAI and the data protection framework at once - the convergence problem the address names.
- NITI Aayog: established by a Cabinet resolution of 1 January 2015 in place of the Planning Commission. It is a think tank with no statutory basis and no allocative power, which is why its members argue positions rather than issue directions.
- The Kautilya Economic Conclave: organised by the Institute of Economic Growth with the Ministry of Finance; this fifth edition carried the theme Resilience in an Age of Flux.
- Why predictability is the operative word: an investor can price a strict rule and a lenient one, but cannot price a rule that changes. The address makes certainty, not leniency, the competitiveness variable.
For UPSC: The clearest statement of Indian regulatory philosophy available this year, and it is quotable in one line. Use it on regulatory bodies and their design, on ease of doing business and the decriminalisation agenda, on State capacity as the binding constraint in governance reform, and on the independence-accountability tension that every question about a regulator eventually reaches.
What it is NOT: No regulator is named, no sector is named and no rule is identified as excessive, so the argument has no worked example anywhere in it. No measure of regulatory burden is offered - no compliance cost estimate, no count of filings or approvals, and no baseline against which a shift to light-touch could later be judged. Nothing is said about how risk is to be assessed or by whom, which is the whole difficulty in a proportionality test. No institutional proposal follows: no regulatory impact assessment requirement, no coordination mechanism and no capacity-building scheme. And a NITI Aayog member cannot direct any regulator to do any of this.
For Mains
Syllabus: GS2.9 · GS3.8 · Linkage L1
Anchor
At the fifth Kautilya Economic Conclave a Member of NITI Aayog set out what Indian regulation should look like in one sentence: a State that is firm where risks are high and light-touch where risks are low, but predictable in both cases. The framing refuses the usual trade-off - the challenge, he said, is not to choose between regulation and growth but to design regulation that manages risk while supporting innovation, competition and investment.
Substantiation (data)
The diagnosis has three parts. Geopolitical uncertainty and the use of tariffs, export controls and investment restrictions as strategic instruments are reshaping the economic landscape. Technological change is advancing faster than institutions and frameworks can adapt, particularly in artificial intelligence, cybersecurity and digital technologies. And business models now span sectors, so that a framework written for one industry produces fragmented or conflicting obligations for a firm operating across several.
Position
The operative word is predictable, not light. An investor can price a strict rule and can price a lenient one; what cannot be priced is a rule that changes. By making certainty rather than leniency the competitiveness variable, the argument avoids the deregulation framing it could easily have taken, and lands somewhere more defensible - that the cost of regulation is mostly the cost of not knowing what it will be.
Counterpoint
The difficulty is that proportionality requires someone to assess the risk, and the address says nothing about who or how. A regulator asked to decide whether a new sector warrants intervention is being asked to forecast harm in a technology it does not yet understand - which is precisely the situation in which regulators have historically erred in both directions. Without a regulatory impact assessment requirement, proportionality is an instruction rather than a procedure.
Way forward
The concrete asks are the capacity ones: specialised expertise, analytical capability, structured engagement with industry and academia, and coordination among regulators with overlapping mandates. Those are budget and recruitment problems rather than philosophical ones, and they are the part of this argument that could be implemented without a single rule being repealed.
Conclusion
A good sentence and an incomplete programme. The formulation is worth memorising and the diagnosis is accurate, but the address names no regulator, no sector and no rule, and a NITI Aayog member has no power to direct any of them. What would make this more than a conclave position is a published measure of regulatory burden against which the shift could be checked.
Deploys into: Regulatory bodies and their design · Ease of doing business and the decriminalisation agenda · State capacity as the constraint in governance reform · Regulatory independence against accountability
NITI Aayog · 2026-10-03 · PRID 2318770 · PIB source ↗