Parliament's Amendment to PSS Act Removes Zero-MDR Bar, Paving Way for Merchant Fees

In a move that signals the end of an era for India's digital payments landscape, Parliament has amended Section 10A of the Payment and Settlement Systems Act, 2007, removing the statutory prohibition on charging users for specified electronic payment modes. The amendment does not itself impose a Merchant Discount Rate (MDR), but it clears the legal path for the government to introduce such charges—at least for large commercial merchants. This legislative shift, coinciding with the tenth anniversary of the Unified Payments Interface (UPI), has ignited a complex debate over fiscal sustainability, delegated legislation, and market concentration in India's digital payments ecosystem.

The amendment effectively dismantles the zero-MDR framework that has underpinned UPI's explosive growth since 2020 . As the news source notes, "There is no such thing as a free lunch." For years, the government subsidised the cost of processing digital payments, absorbing an estimated ₹20,700 crore annually against a budget allocation of just ₹2,000 crore for RuPay and low-value UPI incentives. The Parliamentary Standing Committee 's findings underscore that government support covers barely a tenth of the industry's real costs, raising legitimate questions about the long-term viability of a subsidy model designed for adoption, not permanence.

A Decade of UPI: From Adoption to Sustainability

UPI's journey from a 2016 pilot to an interoperable platform operating across 11 countries is a story of remarkable success. Today, scanning a QR code for a ₹25 golgappa feels effortless—the movement of money has become "almost invisible," as the source observes. But that invisibility masks a costly infrastructure: banks settling transactions in seconds, payment providers maintaining servers, cybersecurity teams fighting fraud, and dispute-resolution systems operating long after the customer leaves the shop. " Zero-MDR never meant Zero Cost," the source emphasises.

The amendment's proponents argue that UPI has outgrown its subsidy model. " Financial inclusion was the challenge of the first decade, financial sustainability is the challenge of the second," the source notes. Asking large commercial merchants to contribute a nominal processing fee is not an attack on UPI's success but a recognition of it. Free access does not mean free infrastructure.

Legal Certainty and Delegated Legislation

A key legal concern arising from the amendment is the scope of delegated legislation . The amendment removes the earlier statutory bar but delegates to executive discretion the determination of which payment modes will continue to enjoy protection from charges. As the source points out, "Parliament has not told who counts as a large merchant, what they must pay, when, or even whether they will pay at all, it has delegated that entire question to executive discretion ." The " UPI and Services Steering Committee ," headed by the National Payments Corporation of India (NPCI) , is expected to work out the details once the amendment takes effect.

While delegated legislation is a normal feature of modern economic regulation, it raises questions of institutional accountability. The lack of clear parameters in the parent statute could lead to uncertainty, especially for merchants and payment intermediaries. Legal professionals will need to monitor whether the eventual notification provides adequate safeguards against arbitrary or discriminatory application.

Who Benefits from MDR? Market Concentration Concerns

The amendment also intersects with existing concerns about market concentration in the UPI ecosystem. PhonePe and Google Pay together process the overwhelming majority of UPI transactions, and NPCI's proposed 30% market-share cap on any single provider has been deferred twice—most recently to the end of 2026. If MDR becomes a significant revenue stream, the question of "who benefits?" becomes critical.

Payment aggregators are already seeking a fixed and direct share of any future MDR, rather than depending on banks to distribute the revenue. As the source warns, "A sustainable revenue model for UPI is sensible. A model that unintentionally strengthens already dominant payment intermediaries is considerably harder to defend." Legal and regulatory scrutiny will be essential to prevent MDR from exacerbating market power imbalances.

Protecting Merchants and Consumers

The position of merchants adds another layer of complexity. If selected merchants begin paying MDR on higher-value transactions, businesses operating on thin margins may respond by preferring cash for expensive purchases, introducing minimum purchase conditions, or adjusting pricing structures to absorb processing costs. The current amendment does not clarify whether merchants will be permitted to recover MDR indirectly through surcharges or other commercial practices.

Protecting consumers, therefore, may require more than simply declaring that users will not be charged. It may require regulating how merchant-side costs are passed through the market. The absence of such safeguards in the amending legislation leaves room for potential indirect burdens on end-users.

Conclusion: The Road Ahead

On balance, a carefully designed MDR regime for large merchants could be a more sustainable choice than indefinite subsidies. But the success of this policy shift will depend on transparent pricing, meaningful regulatory oversight , and clear protections for small businesses and consumers. As the source concludes, "The challenge before lawmakers is not choosing between free payments and sustainable payments. It is designing a legal framework in which both can coexist. The real question is whether the businesses earning millions on that same digital highway should finally help maintain the road."

For legal professionals, this amendment opens a new chapter in Indian financial regulation. The interplay between delegated legislation, market concentration, and consumer protection will demand careful attention as the government moves to implement the framework. The next decade will test whether India can keep digital payments accessible without pretending that the infrastructure behind them costs nothing.