The 100% FDI Debate: Insurance for All or a Market for Few?
Background
While the Union Budget for Financial Year 2025-26 (“2025 Budget”) was successful in drawing attention of the whole nation through the personal tax exemption on incomes up to ��_12 lakh under the new tax regime [1], a critical announcement pertaining to the insurance sector was eclipsed. The 2025 Budget also introduced a key reform to reshape the ownership structure of the Indian insurance industry. Aligned with the Insurance Regulatory and Development Authority of India (“IRDAI”) ambitious goal of achieving ‘Insurance for All by 2047’, the Ministry of Finance declared to modify the foreign direct investment (“FDI”) framework for the insurance sector, by increasing the FDI limit for the Indian insurance sector from up to 74% under the automatic route to 100% under the automatic route. [2] This initiative follows the public consultation exercise launched by the Ministry of Finance in November 2024 in relation to the amendment of the Insurance Act, 1938 (“Insurance Act”) [3].
Attendant Conditionalities Attached to the Reform
The benefit of the 100% automatic route will be applicable only to such insurance companies which to investing the entire premium amount collected by such insurance companies within India. Although this will be an accompanying condition to the policy reform from an FDI perspective, a requirement similar to this is provided under Section 27E of the Insurance Act which prohibits insurers from investing ‘policyholder funds’ (i.e., collected premiums) outside India. [4] However, once profits are realized, the leftover revenue of an insurer will be available reclassified as ‘shareholder funds,’ which currently do not have specific investment restrictions, either under the Insurance Act or under the extent of FDI policy.
Analysing the Policy Shift
The decision to raise the FDI limit is an important step as the Indian insurance sector seems to remain under-penetrated, a concern emphasized by the current IRDAI Chairman, Mr. Debasish Panda, in his speech in November 2024. He stated:
“We need a lot of capital, which means we need a lot of new entities to come in. There may be some
consolidation also happening.” [5]
This reform is expected to bring several benefits, including but not limited to:
1. Greater flexibility for foreign insurers: Foreign insurers will be able to enter independently in the Indian insurance market without having to rely on a partner based in India, which, due to the existing FDI policy, is a mandatory requirement. Considering the proposed policy change, new foreign insurers that have hitherto not explored the Indian market may want to make an entry. Additionally, existing partnerships may evolve, with the foreign firms having a choice either to buy-out their local partners or to continue leveraging their local expertise.
2. Boosted capital inflow: Increased foreign investment in the sector will provide insurers financial support to expand their operations, improve their services, making the sector more resilient.
3. Increased stability: With increased private investment in the form of FDI, insurers will have more financial reserves, reducing the need for governmental intervention or bailouts during crisis, fostering a more self-sustained industry.
4. Increased insurance accessibility: More capital and expertise will surely help the insurers to design more affordable and customized policies, potential to increased coverage in rural/underserved areas/population, furthering the objective of ‘Insurance for All by 2047.’
While this reform will offer certain benefits, it also raises some concerns that need to be addressed fora balanced growth:
1. Risk of foreign dominance: With complete foreign ownership, decision-making may shift from the Indian headquarters to the global headquarters, prioritizing their profitability over Indian market needs.
2. Threat to the local players: Economically dominant foreign insurers could outcompete smaller domestic companies, leading to market consolidation where only a few strong players compete, potentially impacting the diversity and competition in the Indian insurance market and eventually resulting in higher premiums, and even higher rejection of claims.
3. Threat of immediate buyout: The possibility of immediate buyouts of the stake held by the relevant domestic partners may not necessarily lead to fresh capital infusion in the insurance market, limiting the expected capital infusion benefits.
The Way Forward
The increase of FDI limit to 100% will be a significant step toward boosting foreign investment and market competition in the Indian insurance market. By permitting global insurers to enter independently in the Indian market, the reform will likely bring in capital, strengthening the industry at large. This aligns with IRDAI’s goal of ‘Insurance for All by 2047’.
However, to maximize the benefits of this step, regulatory safeguards should be in place to ensure that the foreign investment contributes to the sustainable development of the sector and does not become a means for the onshore insurers to exploit the Indian market. An amendment should be made to the Insurance Act and Indian Insurance Companies (Foreign Investment) Rules, 2015, to introduce the measures to encourage fair competition, and protection of the interests of policyholders.
References:
[1] Para 156, Budget Speech, 2025-2026. Available at: https://www.indiabudget.gov.in/doc/budget_speech.pdf
[2] Para 95, Budget Speech, 2025-2026. Available at: https://www.indiabudget.gov.in/doc/budget_speech.pdf
[3]Public consultation launched by the Ministry of Finance, November 26, 2024.
[4] Insurance Act, 1938, Section 27E
[5] Metla Sudha, Irdai chairman pitches for 100% FDI in insurance sector, The Economic Times. Available at: https://economictimes.indiatimes.com/industry/banking/finance/insure/irdai-chairman- pitches-for-100-pc-fdi-in-insurance-sector/articleshow/115087551.cms?from=mdr