Title: The Meld Model: The Holy Grail of Indian Corporate Jurisprudence
Published on: January 26, 2022
Published in: National Law School Business Law Review
Is a model of a theory of Indian corporate jurisprudence effable? This paper posits that jurisprudence of Indian corporate law is desirable and possible. Given the relative nascence of the Companies Act 2013, Insolvency & Bankruptcy Code 2016 and the Competition Act 2002, this paper undergirds the possibility of jurisprudence through modelling– the meld model – which is, jurisprudentially speaking, a synthesis between ‘exclusive legal positivism’ and ‘law and economics’.
The paper instantiates the utility and desirability of the meld model through test suites – i.e. select case laws in the context of company, competition, and insolvency laws. With the help of test suites i.e. precedents from Indian company, insolvency and competition law, this paper iterates a compelling justification for a ‘meld model’ i.e. a synthesis of exclusive legal positivism and law-and-economics. It finds that the meld model is a lucidly workable model for Indian corporate jurisprudence.