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Reforming The Institution Of Independent Directors In India

Anjani Tewary, Jindal Global Law School


The Tata-Mistry case has raised serious concerns regarding the independence of Independent Directors (‘IDs’) in India.1. The SEBI chairman had reiterated that independence is a ‘key concern’ in promoter driver companies2. Moreover, shareholders have expressed serious concern regarding the independence of IDs. Around 65% shareholders believed that IDs had failed to protect the interests of minority shareholders3. This lack of independence owing to overbearance of promoters and the subsequent mistrust in the institution have sparked multiple debates regarding the legitimacy of the institution. While SEBI has played a proactive role in ensuring adoption of efficient corporate governance practises, there are certain lacuna that still prevail. This paper analyses the existing provisions with respect to IDs, discusses the existing lacuna and loopholes, and stresses on the need for reform suggesting reformatory measures.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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