Context: The Insurance Regulatory and Development Authority of India (IRDAI) has formed a 7-member committee to scrutinise Insurance Act 1938 and suggest amendments. Also, the Government of India is gearing up to introduce the Insurance Amendment Bill in Parliament.
Relevance of the Topic: Prelims: Insurance Sector- FDI limit, GST provisions.
The Insurance Act, 1938
- Background: Originally passed in British India to regulate the insurance sector.
- What does it include:
- Statutory framework: It provides the broad legal framework within which the insurance industry operates.
- Institutional framework: It also led to establishment of the regulatory authority, Insurance Regulatory and Development Authority of India (IRDAI), which oversees the implementation of the Act.
- Insurance Act, 1938 outlines the various types of insurance policies that can be offered in India, such as life insurance, general insurance and health insurance. It also allows insurers to appoint insurance agents for soliciting and procuring insurance business.
Proposed Reforms in Insurance Sector
- 100% FDI in Insurance:
- Budget 2025 proposed to raise the FDI limit in the Indian insurance sector from 74% to 100%.
- Previously the FDI cap had been raised from 26% to 49% in 2015, and from 49% to 74% in 2021.
- Benefits:
- Fully open the insurance market to global investors and attract significant capital inflows.
- Improve competition.
- Increase insurance penetration.
- Roadmap for GST Relief:
- A roadmap for reducing the GST rates on term and health insurance premiums (currently taxed at 18%) is likely to be introduced.
- This move aims to reduce the financial burden on policyholders and make insurance more affordable across different income groups.
- Composite Licenses:
- Composite licenses for Insurance companies to allow insurers to offer both life and non-life insurances (health, motor insurance etc.) under a single license.
- Presently, as per the provisions of the Insurance Act, 1938, life insurance companies can only offer life insurance products, while general insurance companies can offer non-life insurance products, such as health, motor insurance etc.
- Benefits:
- Enhance operational flexibility
- Streamline regulatory processes
- Foster innovation
- Insurers will be better positioned to cater to diverse customer needs, improving their competitive edge in the market.
- Composite licenses for Insurance companies to allow insurers to offer both life and non-life insurances (health, motor insurance etc.) under a single license.
- Capital Requirement:
- The 1938 Act provides capital requirements for different classes of insurance business.
- The amendment provides that IRDAI may specify the capital requirements for entities engaged in more than one class of insurance business. This should not be less than the sum of capital required for carrying out each class of business separately.
- In addition, IRDAI can also reduce the minimum capital required to up to Rs 50 crore. This can be done for insurers serving underserved or special segments prescribed through regulations.
- Value-Added Services to make insurance more personalised.
- Examples:
- Health-monitoring devices with health insurance policies.
- Rewards programs for healthy behavior and timely premium payments.
- Purpose: This will align with global trends to attract new policyholders and improve customer retention.
- Examples:
Challenges & Concerns
- Exclusion of proposal to sell Financial products:
- A proposal to allow insurance companies to sell other financial products (E.g., bank deposits and mutual funds) may not feature due to regulatory challenges and operational complexities.
- Issue with composite license:
- To enable PSU insurers for availing composite licenses, the government needs to amend the two existing Acts- The Life Insurance Corporation Act of 1956 and the General Insurance Business (Nationalisation) Act, 1972 (GIBNA). However, in the list of proposed amendments no such provisions have been proposed.
- This implies that only the private sector companies can offer both Life Insurance and General Insurance. This would hinder public sector insurance companies from competing with the private sector Insurance companies.
- Regulatory hurdles:
- Proposed changes, particularly in FDI limits and product diversification, may face regulatory challenges that could delay their implementation.
- Additionally, the GST reduction for insurance products might encounter political resistance due to the fiscal constraints and competing budget priorities.
- Operational complexities:
- The introduction of composite licenses and changes in capital requirements may introduce operational complexities for existing insurers.
Also Read: Insurance Regulatory and Development Authority of India (IRDAI)
The Insurance Amendment Bill is expected to introduce transformative reforms in India’s insurance sector. This aligns with the “Insurance for All by 2047” vision, which seeks to enhance financial inclusion and provide wider insurance coverage to citizens.
