Banking Laws (Amendment) Act, 2025
Evolution of India’s Banking Laws:
India’s banking regulation has evolved
alongside the country’s economic and institutional development, guided by five
cornerstone legislations that continue to define its financial architecture.
The Reserve Bank of India is the central
bank of the country. The Reserve Bank of India Act, 1934 (II of 1934)
establishes the legal foundation for the Bank's operations. It was constituted
to primarily regulate the issue of banknotes, maintain reserves in order to
secure monetary stability and operate the credit and currency system of the
country. In order to strengthen the nation's financial infrastructure,
the bank also played a key role in the establishment of organizations such as
the Unit Trust of India, the Industrial Development Bank of India, the National
Bank of Agriculture and Rural Development and others.
The Banking Regulation Act, 1949 followed
soon after independence, consolidating control over banking activities under a
uniform legal structure. It is one of the most significant legislative
frameworks in India, regulating the banking sector to ensure stability,
security, and growth.
The State Bank of India Act, 1955 marked
the formal establishment of the State Bank of India (SBI), transforming the
undertaking of the Imperial Bank of India, with a mandate to expand banking
facilities on a large scale, more particularly in the rural and semi-urban
areas, and for diverse other public purposes.
In order to better serve the needs
of development of the economy in conformity with the national policy
objectives, 14 significant Indian Scheduled Commercial Banks with deposits over
Rs 50 crores were nationalized in 1969. Further, a fresh Ordinance
was issued which was later replaced by the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970. To promote the
welfare of the people, The Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1980 was passed to provide for the acquisition and
transfer of the undertakings of certain banking companies.
In addition to these, several important
amendments to the RBI Act such as the Banking Regulation (Amendment)
Act, 1994, the Banking Companies (Acquisition and Transfer of
Undertakings) Amendment Act, 1994 and the Banking Regulation
(Amendment) Act, 2007, the Banking Laws (Amendment) Act, 2012 relating
to governance, capital flexibility, Statutory Liquidity Ratio (SLR) or Cash
Reserve Ratio (CRR) based liquidity management were introduced, reforming
India’s banking framework.
With The Banking Regulation
(Amendment) Act, 2020, additional powers were provided to the Reserve Bank
of India for enhanced effective regulation of Co-operative banks. Continuing
this momentum, in a recent reform, The Banking Laws (Amendment) Act,
2025 amends five acts viz. the Reserve Bank of India Act, 1934, the
Banking Regulation Act, 1949, the State Bank of India Act, 1955, the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1980. The move aims
to enhance banking governance, improve audit transparency, strengthen
depositor protection, and bring cooperative banks under a more robust
regulatory framework.
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Banking
Laws (Amendment) Act, 2025: Key Reforms |
The Banking Laws (Amendment) Act, 2025
introduces key reforms focused on depositor security, governance strength, and
faster resolution of stress. Beyond structural updates, the 2025 Act reinforces
India’s ongoing efforts to enhance banking oversight and governance. The
changes are rooted in practical challenges visible over the last decade. The
provisions of the act were notified in two stages: Section 3 to 5 and 15-20
were covered in Stage 1 (1st August, 2025) while Sections 10 to 13 were covered
in Stage 2 (1st November 2025).
The key reforms are described in detail
below, outlining the major improvements that have been implemented to improve
current systems and processes.
The key reforms are described in detail
below, outlining the major improvements that have been implemented to improve
current systems and processes.
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Modernised Nomination Framework (Sections
10 - 13) |
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·
Depositors can nominate up to
four persons for their bank accounts via either
simultaneous or successive nominations ·
Simultaneous
nominations allow percentage-wise allocation totalling to
100% ·
Successive
nominations ensure seamless succession in case of a nominee’s
death for articles in safe custody and safety lockers |
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Redefinition of ‘Substantial Interest’
(Section 3) |
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·
Threshold increased from ₹ 5 lakh (1968 limit) to ₹ 2 crore ·
This regulatory change is designed to
revamp governance standards |
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Governance in Co-operative Banks (Section 4
& 14) |
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·
Maximum tenure
of directors (excluding chairperson and whole-time directors)
increased from 8 to 10 years. Tenure for directors in other
banking companies remains unchanged. ·
Aligns co-operative banks with
the 97th Constitutional Amendment, which mandates democratic
governance and elevates status in the country’s political and economic
framework. |
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Audit Reforms in PSBs (Sections 15-20) |
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·
Empower PSBs to fix
auditors’ remuneration. ·
Permitted to transfer unclaimed
shares, interest, and bond redemption amounts to the Investor
Education and Protection Fund (IEPF), bringing them in line with
practices followed by companies under the Companies Act. |
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Procedural Efficiency of the System |
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·
Amendments pertaining to definitions
related to the operations revised significantly, shifting the statutory
reporting dates for banks and co-operative banks. In particular, reporting requirements that earlier
referred to “last Friday” or “alternate Fridays” have now been aligned to the
last day of the month or the last day of the fortnight, as applicable. |
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Impact
of the Banking Reforms with National Vision |
A major step in fortifying the legal,
regulatory, and governance structure of the Indian banking sector has been
taken with the implementation of these laws. The 2025 amendments shall have a
transformative impact on depositors and service providers.
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· Depositor-centric: The Act includes robust measures to safeguard public trust in banking
institutions by simplified claim settlement for their families. · Enhanced
Governance: The revised threshold for
"substantial interest" reflects inflation and growth.
The maximum tenure for cooperative bank directors (excluding the Chairperson
and whole-time directors) now aligns with the 97th Constitutional
Amendment indicating the democratic outlook. · Improved
Financial Transparency: Transfer to the
Investor Education and Protection Fund aims at creating a more transparent
system for fund management. · Enhanced Audit
Quality: The PSBs will now be able to attract more
qualified professionals and improve audit quality by paying better
auditor remuneration. · Improved
Operational Efficiency: The
Act simplifies certain procedures, such as updating certain
operational definitions . |
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Conclusion |
The Banking Laws (Amendment) Act, 2025 represents
a significant stride towards modernizing India’s financial architecture. By
aligning governance norms, depositor safeguards, and audit practices with
current economic realities, the Act not only strengthens public confidence but
also supports India’s vision of a secure, inclusive, and technology-driven
banking system. These reforms reinforce stability, transparency, and efficiency
essential pillars for sustaining growth in an increasingly digital economy.
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