Uditi Saraf

Detailed shot of a Bitcoin coin with a digital texture highlighting its cryptocurrency design.

GROWING ROLE OF BLOCKCHAIN IN INDIAN GOVERNANCE : AN ANALYSIS

Blockchain is a decentralised ledger system that enables secure, transparent and tamper-resistant record-keeping, across multiple participants. Its governance reform importance in India lies in enhancing transparency, accountability, and operational efficiency in public systems, addressing trust deficits inherent in traditional centralized governance. Blockchain’s immutable and distributed nature can substantially improve public sector service delivery and citizen engagement. EVOLUTION OF BLOCKCHAIN IN INDIA India’s blockchain journey began with awareness and early adoption phases, propelled forward by government champions like NITI Aayog and the Ministry of Electronics and Information Technology (MeitY). Key milestones include the launch of the National Blockchain Framework (NBF) in 2024, which provides a unified blockchain infrastructure (Vishvasya Blockchain Stack) hosted across NIC data centers. States such as Telangana and Andhra Pradesh initiated blockchain projects for land registry digitization and public service improvements, with Maharashtra pioneering blockchain sandbox environments for governance experimentation. APPLICATIONS OF BLOCKCHAIN IN INDIAN GOVERNANCE While looking at the Indian scenario, blockchain operates in a typically vast expanse of functions. As it is considered a very reliable, tamper-proof, transparent way of storage, it is used to carry big data of citizen and government-related records; such as land and property, citizen identity records i.e., certificates, credentials, welfare schemes (subsidies, cash aid, social insurance etc.). This technology is now being taken up to uphold judicial integrity to ensure immutable evidence chains, improving effectiveness of the judicial system. Most importantly, it has proved as a great medium to accelerate financial market integrations : RBI pilots for Central Bank Digital Currency (CBDC) and financial tokenization enhance secure, efficient financial transactions. BENEFITS AND POTENTIAL OPPORTUNITIES Blockchain’s inherent transparency and immutability make it a powerful tool for building trust and accountability in public governance. By securing data against tampering and enabling decentralized validation, it reduces fraud, corruption, and bureaucratic delays. Smart contracts can automate processes, cut administrative costs, and ensure faster service delivery, while transparent ledgers strengthen auditability and fiscal oversight. In areas like welfare disbursement and procurement, blockchain ensures that resources reach their rightful recipients without leakages. Most importantly, by giving citizens access to verifiable records, it promotes participatory governance and reinforces public confidence in state institutions—marking a decisive shift toward efficient, inclusive, and technology-driven administration.  CHALLENGES AND LIMITATIONS Legal and regulatory ambiguity continues to hinder the large-scale adoption of blockchain in Indian governance, as the country still lacks a dedicated legal framework to govern its use. Data privacy concerns add another layer of complexity, especially with the impending enforcement of personal data protection laws such as India’s Personal Data Protection (PDP) Bill, which demand stringent safeguards for citizens’ information. On the technological front, issues of scalability and interoperability among diverse blockchain systems remain unresolved, making seamless integration across departments difficult. Moreover, institutional inertia, limited technical expertise, and capacity gaps within government bodies often delay adoption. High infrastructure costs, coupled with uneven digital readiness and the risk of excluding less-connected populations, further challenge the vision of inclusive, blockchain-enabled governance in India. RECENT INITIATIVES AND CASE STUDIES Andhra Pradesh and Telangana have taken the lead in adopting blockchain technology for land record management, setting benchmarks for transparent and tamper-proof property registries. Maharashtra has followed suit with its innovative LegitDoc platform, which issues blockchain-verified educational certificates to curb document forgery and streamline verification processes. Several Smart City initiatives across the country are also integrating blockchain solutions to enhance data security, ensure reliable information flow, and strengthen urban governance frameworks. Meanwhile, the Reserve Bank of India’s ongoing pilots on tokenization and Central Bank Digital Currency (CBDC) exploration highlight the growing recognition of blockchain’s potential in modernizing financial governance and reinforcing trust in public digital infrastructure. IMPLICATIONS FOR PUBLIC FINANCE AND ADMINISTRATION Blockchain’s integration into India’s governance framework holds transformative potential for public finance management. By enabling real-time tracking of government expenditures, subsidies, and welfare disbursements, it enhances fiscal transparency and minimizes leakages. Immutable transaction records ensure better audit trails, while smart contracts can automate benefit releases and procurement payments, reducing delays and corruption. Beyond efficiency, blockchain-driven analytics can help policymakers design more targeted and evidence-based fiscal policies. Furthermore, its transparent and traceable systems promote citizen trust in public institutions and encourage participatory governance—ushering in an era of accountable and data-driven public administration. COMPARATIVE PERSPECTIVE Globally, nations like Estonia, the UAE, and Singapore have demonstrated the transformative power of blockchain in public governance. Estonia’s e-Governance system leverages blockchain to secure digital identities and ensure transparent access to government data. The UAE has integrated blockchain into more than 50% of its federal operations, enhancing service delivery and interdepartmental coordination. Singapore, meanwhile, has focused on regulatory sandboxes and cross-sector collaboration to foster innovation responsibly. India can draw from these global experiences by strengthening its legal frameworks, establishing interoperability standards, and nurturing public–private partnerships that encourage innovation while maintaining oversight. Emphasizing citizen-centric services and ensuring inclusive digital access will be essential for India to replicate these global successes on its own scale. THE WAY FORWARD To fully harness blockchain’s potential, India must adopt a comprehensive and forward-looking approach that balances technological innovation with regulatory clarity. Formulating dedicated blockchain legislation, aligned with data protection norms, will provide the legal certainty necessary for large-scale implementation. Integrating blockchain with India’s Digital Public Infrastructure (DPI)—including Aadhaar, DigiLocker, and UPI—can create a cohesive ecosystem that enhances transparency and service delivery. Encouraging collaboration between government agencies, private enterprises, and academic institutions will accelerate innovation and capacity building. Additionally, establishing national interoperability standards and ensuring equitable digital access across regions will be vital for scalability. By combining regulatory foresight with inclusive technological adoption, India can position blockchain as a cornerstone of next-generation governance. CONCLUSION Blockchain offers transformative potential to make Indian governance more transparent, efficient, and citizen-centric. While challenges remain in regulation, privacy, and technology, ongoing government initiatives and a strategic future roadmap position India to harness blockchain’s benefits in public governance and administration sustainably.

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Defining the Regulatory Guidelines: The U.S. Approach to Crypto Market Governance

Recently, on January 13, 2026, the 119th U.S. Congress introduced the historic Digital Asset Market Clarity Act of 2025 (H.R. 3633), also known as the CLARITY Act of 2025, to create a thorough regulatory framework for digital assets in the country. The bill, which is sponsored by Representative J. French Hill, aims to specify the duties of important regulatory bodies like the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), as well as how digital commodities or digital assets that derive value from blockchain technology, should be regulated across federal financial markets. With bipartisan support, the bill cleared the House of Representatives and was then forwarded to the Senate for additional review. LEGAL BACKGROUND AND REGULATORY AMBIGUITIES THE CLARITY ACT SEEKS TO ADDRESS Ambiguity in Digital Asset Classification: The absence of regulatory clarity on the classification of digital assets as securities, commodities, or a separate asset class has been one of the most enduring issues in U.S. crypto law. Regulators have largely relied on pre-existing laws, especially securities law parameters, for evaluating cryptocurrency tokens in the lack of precise statutory definitions. For issuers, exchanges, and investors, this has led to conflicting interpretations and ambiguity.By providing clear definitional criteria for “digital commodities,” the CLARITY Act seeks to address this fundamental ambiguity, removing the need for case-by-case enforcement and providing market players with reliable guidelines for compliance. Jurisdictional Conflict Between the SEC and the CFTC: The Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) have had overlapping and contentious legal jurisdiction, which led to another significant misunderstanding. Lawmakers and industry players contend that the CFTC is better suited to manage current cryptocurrency markets and digital commodity trading, despite the SEC’s broad authority over digital assets, which it defines as securities.By giving the CFTC primary management of spot digital commodity markets and maintaining the SEC’s jurisdiction over assets and operations that more closely resemble traditional securities markets, the CLARITY Act seeks to settle this conflict. Regulatory Uncertainty for Crypto Market Intermediaries: For many years, there has been confusion surrounding registration, compliance, and operating responsibilities for cryptocurrency exchanges, brokers, custodians, and dealers. Intermediaries have had difficulty figuring out which regulatory regime applies to their operations in the absence of a clear statutory regime. By providing clear registration, disclosure, record-keeping, custody, and trade-monitoring requirements for digital commodities intermediaries, the CLARITY Act closes this gap, bringing them into a cohesive governing structure and lowering compliance uncertainty. Stablecoin Treatment and Financial Stability Concerns: Particularly with regard to consumer protection, financial stability, and rivalry with established banking systems, stablecoins have brought up certain regulatory issues. Legislators and regulators have argued over whether interest-bearing stablecoins provide systemic hazards and whether they should be handled similarly to bank deposits, securities, or payment instruments.In an effort to alleviate such fears, the CLARITY Act limits interest paid only for owning stablecoins, permits incentives related to transactional or functional use, and imposes stricter disclosure standards. Shift from Regulation by Enforcement to Legislative Clarity: A central structural problem in U.S. crypto regulation has been the reliance on “regulation by enforcement” rather than clear legislative rules. In the absence of a comprehensive statutory framework for digital assets, regulators—particularly the SEC—have often sought to define the boundaries of lawful conduct through enforcement actions and litigation. This approach has meant that market participants frequently learn about regulatory expectations only after enforcement actions are initiated, rather than through prospective rules that outline permissible conduct in advance. As a result, similar activities have been treated differently over time, and compliance has depended heavily on subjective interpretations of existing laws that were not designed for decentralized, blockchain-based systems. By substituting clear statutory definitions, jurisdictional limits, and compliance requirements specific to digital asset markets for enforcement-driven governance, the CLARITY Act aims to buck this trend. This will enable actors to organise their operations in compliance with the law prior to entering the market. KEY PROVISIONS OF THE U.S. DIGITAL ASSET MARKET STRUCTURE BILL: AN INDIAN AND COMPARATIVE PERSPECTIVE Asset Classification as the Core Regulatory Tool: The U.S. Bill establishes a statutory classification of digital assets as the basis for regulation, differentiating between securities, digital commodities, and ancillary assets. In contrast, India does not have a formal system for classifying assets. For tax purposes, cryptocurrency assets in India are mainly classified as “Virtual Digital Assets” (VDAs) under the Income Tax Act; however, their regulatory status under securities, commodities, or payments law is unclear. Functional Test Over Technology-Based Regulation: Instead of using technology, the Bill classifies cryptocurrency assets according to their economic purpose and decentralised structure. In the Indian context, learning from this model, India may be able to more successfully differentiate between payment tokens, investment tokens, and utility tokens by applying a test of functionality. Clear Allocation of Regulatory Jurisdiction: Authority has been clearly divided by the Bill: SEC – Investment-type crypto assets: If a crypto token is sold mainly as an investment, where buyers expect profits because a company or team is building and managing the project, it is regulated by the SEC—much like shares in a company. For example, a newly launched token sold to raise funds for a startup-led blockchain project would fall under SEC oversight. CFTC – Tradeable crypto assets (digital commodities):If a crypto asset is widely traded and decentralised, and its value depends more on market supply and demand than on a single company’s efforts, it is regulated by the CFTC. For example, assets like Bitcoin or Ethereum, which function more like commodities such as gold, fall under CFTC supervision. India’s position: The Ministry of Finance, RBI, and SEBI could collide, and India presently faces institutional ambiguity. Statutory jurisdictional clarity helps lessen governmental conflict and enforcement inconsistencies as illustrated by the U.S. model. Stablecoins as a Distinct Regulatory Category: The Bill acknowledges stablecoins’ role in financial infrastructure and payments as a distinct class of digital assets. Indian stance: While supporting the e₹ (CBDC), the RBI has continuously voiced concerns over private stablecoins, seeing them as barriers to monetary

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