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Trending: Call for Papers Volume 6 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

STRIKING A BALANCE BETWEEN AUTHORITY AND ACCOUNTABILITY: THE RISE OF SHAREHOLDER ACTIVISM IN THE INDIAN CORPORATE GOVERNANCE – Aditya Maurya & Yugandhara Wakde

Abstract

Over the last decade, a silent yet radical shift has occurred in the relationships between investors, corporations, and the state in India.Shareholder activism, initially viewed as a Western concept, has become well-established in the country’s dynamic and rapidly evolving corporate environment.Shareholder activism is growing stronger among individual investors, institutional funds, and smaller shareholders who seek greater transparency, accountability, and social responsibility in corporate leadership.This emerging assertiveness is an indication of the maturation of the Indian capital market, as well as a general societal expectation that corporations are expected to act in the interest of the community and the nation, in addition to maximising their profits.

However, shareholder activism faces unique structural and cultural challenges in India.A significant percentage of companies are closely held by founding families or the state, thereby limiting the power of minority shareholders.Making decisions often occurs within closed environments, and, even though progress is made in the law corrections, implementation remains highly inconsistent.The state is also a regulator, via agencies like the SEBI, and a majority shareholder in state-owned businesses, which creates a conflict of interest. This is a dual role that creates confusion regarding the boundaries between institutions.This raises the question: Is the government supposed to act as a neutral guardian of market fairness, or as a strategic investor to safeguard its economic interests?

These tensions notwithstanding, there is empirical evidence of considerable progress.The adoption of a stronger system of governance, the development of disclosure, and the increasing number of institutional investors have made companies more sensitive to shareholder interests.Cases that have garnered widespread attention, such as investor activism within large conglomerates and government-owned corporations, prove that activism can lead to substantive change when supplemented with clear administrative supervision and an engaged civil society.

This paper argues that India is a valuable case study, offering useful lessons to emerging economies.In cases where governments provide trust and protection forinvestors’ rights, shareholder activism assumes the responsibility of promoting ethical business behaviour.It is through these mechanisms that India can transform activism into a regular occurrence, thereby making it a collective effort that aligns corporate growth with national development and long-term social progress.

Keywords: Shareholder Activism, Corporate Governance, Emerging Markets, SEBI, India.