Regulation in India : design, capacity, performance
Author(s)
Bibliographic Information
Regulation in India : design, capacity, performance
(Hart studies in comparative public law, v. 24)
Hart, 2019
- : hb
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Note
"The chapters in this book were first presented at a workshop in New Delhi in March 2018, organised by the Center for the Advanced Study of India (CASI), University of Pennsylvania, as part of its twenty-fifth-year celebrations."--Acknowledgements
Includes index
Description and Table of Contents
Description
The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world's largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.
Table of Contents
Part I
Introduction
1. The Reality of Indian Regulation
Devesh Kapur and Madhav Khosla
Part II
Foundations
2. Indian Administrative Law and the Challenges of the Regulatory State
Raeesa Vakil
3. Reclaiming Indian Administrative Law
Farrah Ahmed and Swati Jhaveri
4. Constitutional Regulation of the Fourth Branch
K Vivek Reddy
Part III
Regulatory Domains
5. Securities Markets
Umakanth Varottil
6. Banking
Suyash Rai
7. Infrastructure
Amit Kapur
8. Telecom
Rahul Matthan
9. Renewable Energy
Akshay Jaitly
10. The Environment
Shibani Ghosh
11. Food
Vikramaditya S Khanna
12. Big Data
Ananth Padmanabhan and Anirudh Rastogi
Part IV
Regulation in Practice
13. The Enforcement of Indian Competition Law: Administrative or Regulatory?
Aditya Bhattacharjea
14. Sanctions and Self-Regulation in the Securities Market
Neel Maitra
15. Regulatory Pragmatism: The Use of the Ban
Susan L Ostermann
16. Statutory Regulatory Authorities: Evolution and Impact
KP Krishnan and Anirudh Burman
17. Building State Capacity for Regulation
Shubho Roy, Ajay Shah, Justice (Retd) BN Srikrishna and Somasekhar Sundaresan
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