CG814 | Corporate Governance

This course deals with the theory and praxis of corporate governance. In terms of methodology, this course will adopt a synthesis of ‘exclusive legal positivism’ and ‘law-andeconomics’.

This is a mandatory course for LLMs as indicated by the University Grants Commission for business law stream.

This course assumes that each participant has basic familiarity with corporate law and jurisprudence.

The choice of materials is a mix of statutes, case laws and secondary readings as identified below.

The statutory materials primarily include enactments such as the Companies Act 2013, the Competition Act 2002, the Insolvency and Bankruptcy Code 2016, Securities Contract Regulation Act 1956 and Securities and Exchange Board of India Act 1992. The course will rely upon relevant statutory instruments (rules, regulations and circulars) issued in terms of these statutes.

The pedagogical method will consist of (the Socratic Method inspired) discussions and class participation based upon assigned readings.

The course deals with relevant case laws and current developments. Whilst it is not the primary focus of the course, wherever relevant, it compares the Indian legal regime with that of the US, the EU and the UK.

The layout of the course involves readings foundational materials in first few weeks followed by advanced readings