SEBI to Revisit ‘Fit and Proper’ Chargesheet Disqualification
Why in the news
The market regulator agreed in court to re-examine a rule that deems a person unfit once charged, without conviction.
Key facts
- Hit by the clause: KMPs and directors of market intermediaries.
- Review test: natural justice and proportionality.
| Year | Development |
|---|---|
| 2004 | Fit and proper framework starts |
| 2008 | Folded into SEBI (Intermediaries) Regulations |
| Nov 2021 | Automatic triggers replace case-by-case review |
| 2023 | Brokerages petition the court |
The disputed clause
- Clause 6, Schedule II: anyone named in a chargesheet or accused of an economic offence is not fit and proper.
- Fairness worry: penalty arrives before guilt is judicially decided.
SEBI’s stand
- Balance market integrity and individual rights, curbing misuse.
Exam angle
- Court: Bombay High Court.
- Applies to brokers, mutual funds, investment advisers, rating agencies.