The Constitutionalisation Of Business Regulation In India: Transnational Influences On Competition, Corporate Governance And Digital Markets
V. Rajasaravanan, Assistant Professor,Chennai Dr. Ambedkar Government Law College, Pattaraiperumpudur.
Dr. V. Jeyaseelan, Assistant Professor,Chennai Dr. Ambedkar Government Law College, Pattaraiperumpudur.
ABSTRACT
This article examines how Indian business regulation is gradually being constitutionalised, that is, brought within the discipline of Fundamental Rights, judicial review and constitutional values, rather than being treated as a purely technical or statutory field. Taking competition law, corporate governance and digital-market regulation as three connected sites of enquiry, the article traces how ideas that first took shape in the European Union, such as ex-ante platform regulation, stakeholder-oriented corporate accountability and data protection as a rights-based discipline, have travelled into Indian law through statute, regulatory practice and judicial reasoning. The central argument is that Indian courts and regulators have used Articles 14, 19(1)(g) and 21 of the Constitution, along with the doctrine of proportionality, to give business regulation a constitutional foundation, while transnational regulatory ideas supply the technical vocabulary through which this constitutionalisation is expressed in fields as fast-moving as digital markets. The article closes by noting the limits of this convergence, particularly the wide executive discretion retained under recent Indian legislation.
Keywords: constitutionalisation of Business Regulation, Fundamental Rights, Digital Market Regulation, Transnational Regulatory Convergence, Indian Competition Law.
