The Securities and Exchange Board of India, the official
stock market regulator, has taken more than two steps backward in the
march towards financial liberalization. Faced with pressure to respond
to the evidence of market manipulation, price rigging and excessive
speculation, the SEBI has decided to do away with carry-forward operations
available through a number of schemes, as of July 2. To curb speculative
practices, this decision has been combined with others such as a move
to rolling settlements in a much larger range of scrips and the imposition
of a synchronized settlement system across stock exchanges.
The most common among the schemes which allow market
players to carry forward their transactions without settlement is badla
trading. In that scheme, the stock exchange acts as an intermediary
for loan finance at variable interest rates provided to those making
share purchases without outlaying the required capital. The buyer, through
his broker, undertakes the transaction without settling his bill, by
agreeing to pay interest to a lender who finances the transaction for
a period of up to 70 days. Depending on the demand for badla
trading in the concerned stock, the interest rates vary. Since buyers
expecting a short term increase in the prices of particular shares can
choose to resort to badla transactions, in the hope of selling out the
stock within 70 days and settling their debt as well as booking a profit,
badla was an institutionalized form of support to speculation.
This, however, was not the only form in which broking
entities could, on behalf of themselves or their clients, increase their
exposure to shares to an extent far in excess of their immediate capacity
to pay. There were other means such as the offshoots of the Securities
Lending Scheme introduced in 1997. These included the Automatic Lending
and Borrowing Mechanism (ALBM) in the National Stock Exchange and the
Borrowing and Lending Securities Scheme (BLESS) introduced in the Bombay
Stock Exchange. Under these schemes, holders of dematerialized securities
lodged as per statutory requirement with the Stockholding Corporation
of India Limited (SHCIL) could 'lend' these shares to brokers
or other trading entities for specified periods at pre-specified interest
rates. This allowed traders to get access to shares that they did not
own for varying periods of time, which they can trade, subject to their
meeting interest costs as well as their commitment to return the shares
to the SHCIL on behalf of their rightful owner. Thus traders expecting
a fall in prices of shares ruling high currently, can trade in borrowed
shares at the current high price, expecting to buy the same shares at
a lower price when the time comes to settle their transaction under
the share lending scheme. These schemes too allowed brokers to increase
their exposure to an extent far in excess of their net worth for speculative
purposes.
The inherent tendency of deferral or carry-forward
schemes like these to facilitate speculation is aggravated in markets
that are speculation prone. India's markets are indeed prone to
speculation because they lack depth. Shares of only a small proportion
of companies are listed in these markets, and of those only a few are
actively traded. Yet these companies are able to use a high stock price
to garner huge premia from share issues and the promoters of these companies
benefit substantially from high share values when going in for mergers
and amalgamations. The promise of such benefits encourage price rigging,
through the agency of bulls like Ketan Parekh, as was allegedly the
case with the shares of the Global Trust Bank in the run up to its aborted
merger with UTI Bank. Price rigging was also resorted to in the now
notorious BPL-Videocon-Sterlite share-rigging episode, in which the
SEBI dragged its feet about taking penal action despite the incriminatory
evidence yielded by its investigations. Those rigging prices used their
own capital, borrowed funds and exploited schemes like badla
trading to achieve their goals.
The problem becomes acute when manipulation of this
kind is countered by other brokers and trading entities. At moments
when a few players are willing to make purchases to drive share prices
upwards, other brokers or trading entities reading the signals right
or obtaining insider information, believe that the prevailing price
is artificially high. This encourages them to sell shares which they
do not own, by exploiting the stock lending scheme. Their sales at the
prevailing high prices are expected to drive prices down, so that the
same shares can be bought back at much lower prices, allowing the traders
concerned to book a profit, before returning the borrowed shares.
Thus in shallow markets that are prone to manipulation,
the so-called deferral or carry-forward schemes engender speculation
of a kind in which the gains of some must necessarily involve losses
for others. This makes such markets prone to a high degree of volatility,
resulting in periodic price collapses. So long as the market is rising,
advocates of such speculative behaviour glorify the market, the regulator
and the government. When the market collapses, talk of bad faith, poor
regulation and scams abounds. The 1990s experience in India's stock
markets epitomizes this tendency.
It is of course true that financial markets the world
over are prone to failure. However, the speculative disease to a far
greater extent afflicts shallow markets, such as those in India. That
is not the only problem. In some developed country contexts, such as
the United States, a number of benefits are seen to flow from the functioning
of their stock markets. First, they are seen as means of efficiently
channeling household savings to firms undertaking productive investments.
Second, since poor financial performance adversely affects the share
values of firms, share prices are seen as signals for penalizing errant
managers as well as ensuring that poorly managed firms are taken over
by better performing firms, that exploit the low equity value relative
to the actual worth of some companies. And, third, since share prices
tend to move in tune with trends in earnings, the signals generated
by stock markets are seen as means of attracting savings to the most
deserving sectors.
It is true that even in the developed countries informational
failures ensure that these expectations with regard to benefits expected
from stock markets are not always realized. But in shallow markets like
India's, which are more manipulated than autonomous and where few
players dominate the markets, these benefits are virtually absent. The
big and not always efficient firms and traders dominate markets and
garner benefits at the expense of medium and small players. Further,
small players often gain at the expense of ordinary investors. Small
firms, for example, manage to mobilize capital only when the market
is in the midst of a speculative fever. And at such times many of these
firms are fly-by-night operators seeking to who mobilize money from
investors who burn their fingers when the collapse ensues. This is precisely
what happened during the early 1990s.
Given these features of India's markets, the SEBI's decision to ban badla trading and other deferral products
facilitating speculation cannot be faulted. The real criticism of the
SEBI and the government relates to their willingness to either allow
such practices from the past to continue, even in modified form, as
in the case of badla, or to introduce them into the market, as
was true of the stock-lending schemes. In fact, as part of the process
of stock market 'reform' during the 1990s, the government
at times actively encouraged such practices.
The proximate reason for the government's support
of practices that facilitated speculation was the need to increase liquidity
in the market in order to sustain its buoyancy. In fact, it is after
the stock market lost the vibrancy it displayed during the scam years
in the early 1990s that the badla market was sought to be revived,
stock-lending schemes were instituted, and banks were encouraged to
invest in and lend against shares. These were all seen as means of increasing
liquidity in the market, in order to perk up trading volumes and prices.
But given the shallow nature of stock markets in India,
making it a limited source of capital for productive investment, why
was there so much concern with activity in the stock market? In fact,
a number of observers have pointed out that on many an occasion monetary
and fiscal policies of the government seemed to be obviously influenced
by the desire to win the favour of market players. The government itself
sought to explain the importance it gave to markets, by arguing that
these markets can play the same roles of mobilizing and allocating savings
on the one hand and monitoring and disciplining corporations on the
other.
In actual fact, however, the concern with stock market
performance was driven by the need to keep foreign institutional investors
happy. Among the presumptions that underlay the strategy of liberalization
were two of significance for our current discussion. First, that in
the medium-term liberalization would trigger a boom in Indian exports,
which would help finance the higher import bill that it may entail.
This was to occur because liberalization would facilitate, by providing
easy access to imported capital and technology and attracting foreign
direct investment, the restructuring domestic economic activity along
internationally competitive lines. Liberalization would also enforce
such restructuring, because it exposes domestic economic agents to competition
from abroad. The second presumption was that in the interim, liberalization
would ensure the inflow of foreign portfolio and direct investment,
allowing the country to finance without difficulty the higher deficit
on the current account that it may entail. This was seen as crucial
since the accelerated liberalization of the 1990s was triggered by the
foreign exchange crisis of 1990-91, which showed that India was vulnerable
on the balance of payments front. When the expected export boom does
not materialize, as has happened with India, the strategy of attracting
foreign investors becomes the bedrock of reform.
Thus, inflows of foreign investment were a critical
component of the neo-liberal reform strategy. And a vibrant stock market
was seen as a prerequisite for such inflows. Financial sector reform
was seen as an important means to facilitating the entry of foreign
investors into the country, as well as a device to ensure that India
was an attractive destination for such investors. In this framework,
debt-financed trading through the use of deferral products was a mechanism
by which stock market vibrancy was to be sustained and foreign investors
placated. It was for this reason that the encouragement of such practices
was an essential part of financial sector reform.
However, shallow stock markets and speculation make
crises as much a consequence of such liberalization as temporary vibrancy.
Periodic crises have made clear that such markets do not serve the objectives
of mobilizing and allocating capital and disciplining traders and corporations.
It is this realization, brought home once again by the post-budget stock
market crash, that has forced the government to retreat on carry-forward
trading. In that sense, the recent initiatives are a retreat on the
reform front. Fortunately, even if they do not help discipline private
players, the markets seem to be capable of disciplining an errant government
driven by a faulty perspective.
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