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Corporate Social Responsibility in India: A Constitutional and Theoretical Commentary

corporate social responsibility in India

Over the past years, corporate social responsibility in India has acquired legal and social significance. Several sustainable outcomes have come from CSR activities in India and elsewhere. Despite that, many view it as an obligation and impediment. While the expectations from businesses and corporates have increased beyond profit margins, many have contested the mandatory effect of CSR on small businesses. Sneha Sengupta presents a nuanced debate on CSR from a constitutional and jurisprudential standpoint. Arguing from the utilitarian principle, Sneha offers why laws on corporate social responsibility could bear dissatisfaction among corporates but remain essential.   

Mandatory Appointment of Woman Director under Companies Act, 2013: A Feminist Critique

Though Section 149 (1) of the Companies Act, 2013, is touted for its progressive stance. But can a mandatory provision exhaust the patriarchal climate of the boardroom? Gayathri Balasubramanian asks some pressing questions on the efficacy and implementation of the provision. And if it will affect overall gender disparity and stereotypes in the workforce.

One Person Company

In a one person company, only one person is required who can be a shareholder as well as the Director. The concept opens up spectacular possibilities for sole proprietors and entrepreneurs who can now take the advantages of limited liability and corporatization. The biggest difference between a sole proprietor and a One Person Company would be that in case of a One Person Company, the liability is limited to only the business assets. However, in case of a proprietorship, the liability is unlimited and the creditors can even take hold of the personal assets like your house, personal bank accounts, jewelry etc. which can be used to settle the business liabilities. There are various advantages of starting an OPC. One Person Company gets freedom from complying with many requirements as normally applicable to other private limited Companies. Certain sections like Section 96, 98 and sections 100 to 111 are not applicable for a One Person Company. OPC is indeed a harbinger of progress and industrial growth. It provides a perfect mixture of the unique characteristics of a company while performing with the independence and freedom of a sole proprietorship. This is a concept that is expected to give a big impetus to Corporatization in the country.


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upGrad
upGrad
Lawctopus Law School
Lawctopus Law School
JKILS
JKILS