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History and evolution of banking in India

Banking Law · Unit I · Topic 1 of 21 · 7 min read

Banking abroad and in India from the goldsmiths and the shroffs to the Presidency Banks, the Imperial Bank and the RBI, the nationalisation of 1969 and 1980 and R.C. Cooper, and the liberalisation that followed the Narasimham Committee.

On this page
  1. 1. Banking elsewhere: the short version
  2. 2. Indigenous banking in India
  3. 3. The agency houses and the Presidency Banks
  4. 4. Swadeshi banks, failures and the RBI
  5. 5. Social control and nationalisation
  6. 6. Liberalisation and after
  7. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The examinable core. The papers ask this as “origin and evolution of banking institutions in India” or “nationalisation of banks.” Both answers are histories, so they are marked on structure: put the story in phases, give a date and a statute for each, and end on the law in force today. The one case you must know is R.C. Cooper.

1. Banking elsewhere: the short version

Lending and deposit-keeping are older than the word “bank”. Temples in Babylon and Greece kept valuables and lent at interest. The word is usually traced to the Italian banco, the bench on which money-changers in Lombardy did business; a banker who failed had his bench broken, the banca rotta from which we get “bankrupt”.

2. Indigenous banking in India

India had banking long before the British. The Arthashastra and the Smritis regulate interest and deposits, and Manu fixes rates of interest by caste of the borrower. The indigenous bankers — shroffs, sahukars, mahajans, Chettiars and Marwari bankers — took deposits, lent to traders and farmers, and above all dealt in hundis, the indigenous bill of exchange, by which money was remitted across the country without moving coin. The Jagat Seths of Murshidabad were bankers to the Nawabs of Bengal and to the East India Company.

Their features, which examiners like listed:

The hundi is still recognised: s.1 of the Negotiable Instruments Act, 1881 saves local usages relating to hundis, and s.31 of the Reserve Bank of India Act, 1934 bars anyone other than the RBI and the Central Government from issuing a hundi or note payable to bearer on demand.

3. The agency houses and the Presidency Banks

European banking in India began with the agency houses of Calcutta and Bombay, trading firms that also took deposits. The Bank of Hindostan (1770) is usually named as the first bank on the European pattern. Most agency houses collapsed in the commercial crisis of 1829–32.

The next stage was the three Presidency Banks, chartered by the Company and partly owned by government: the Bank of Bengal (1806, as the Bank of Calcutta), the Bank of Bombay (1840) and the Bank of Madras (1843). They issued notes until the Paper Currency Act, 1861 gave that right to government. In 1921 they were amalgamated into the Imperial Bank of India, which did commercial banking and also acted as banker to government.

4. Swadeshi banks, failures and the RBI

The first bank of limited liability managed by Indians was the Oudh Commercial Bank (1881), followed by the Punjab National Bank (1894). The swadeshi movement after 1905 produced many more: Bank of India, Central Bank of India, Bank of Baroda, Canara Bank, Indian Bank. Many were small and badly managed, and there were waves of failures, especially in 1913–17 and again in the 1940s. There was no banking law worth the name; banks were simply companies.

Two statutes changed that.

5. Social control and nationalisation

After Independence the State took over the commanding heights in stages.

The 1969 Act was challenged at once. In Rustom Cavasjee Cooper v. Union of India, 1970 INSC 18, (1970) 1 SCC 248, the eleven-judge Bench (Shah J. for the majority) held that Parliament had competence to acquire the banks, but struck the Act down. Two grounds matter. First, the Act was hostile discrimination under Article 14: it barred the fourteen named banks from carrying on banking business at all, while other banks, including foreign banks, could. Second, the compensation provisions offended Article 31(2) because they ignored important items of the undertakings and did not give compensation in the constitutional sense. The Court also rejected the old view that Article 19 and Article 31 were mutually exclusive, asking instead what the direct effect of the law was on the right.

Parliament responded with the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, which acquired the same fourteen banks with fixed compensation, and with the Twenty-fifth Amendment (1971), which replaced “compensation” by “amount” in Article 31(2). Article 31 itself was later deleted by the Forty-fourth Amendment.

Trap. R.C. Cooper did not hold bank nationalisation unconstitutional as a policy. It upheld legislative competence and struck down the 1969 Act for discrimination and inadequate compensation. That is why the same banks could be acquired again within days, by an Ordinance of February 1970 that became the 1970 Act.

6. Liberalisation and after

Nationalisation spread branches into rural areas and directed credit to agriculture and small industry, but by 1991 the banks carried heavy bad debts. The Narasimham Committee (1991, and again in 1998) recommended prudential norms on income recognition and provisioning, capital adequacy on the Basel pattern, a lower CRR and SLR, entry of new private banks, and a special recovery machinery. Its results are in this syllabus: new private banks licensed from 1993, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (now the Recovery of Debts and Bankruptcy Act, 1993), and the SARFAESI Act, 2002.

Later steps: Regional Rural Banks (1976, under the Regional Rural Banks Act, 1976); payments banks and small finance banks (licensed from 2015); amalgamation of public sector banks into twelve (completed 2020); the Insolvency and Bankruptcy Code, 2016; and the Banking Laws (Amendment) Act, 2025, which modernised governance, nomination and reporting provisions.

How this is examined

As an essay: “Explain the origin and evolution of banking institutions in India” (June 2025) or “Explain on nationalisation of banks in India” (January 2026). As a short note: “Origin of banking institutions in India.” Write it in the six phases above. For nationalisation, give the 1955, 1969 and 1980 steps, the objects (spreading credit, ending control by industrial houses, priority sectors), R.C. Cooper with both grounds, the 1970 Act, and one paragraph on the post-1991 reversal through private banks and consolidation.

Now try the real questions: Banking Law past question papers.