The document outlines a research proposal by Ariz Abu Qais on the topic of 'Corporate Social Responsibility: A Legal Perspective on Mandatory CSR in India.' It aims to analyze the evolution, impact, and challenges of mandatory CSR as mandated by the Companies Act, 2013, and includes objectives such as assessing compliance levels, evaluating the effectiveness of the regulatory framework, and proposing recommendations for improvement. The study employs a combination of doctrinal and empirical research methodologies to explore the legal and practical implications of CSR in India.
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1.RESEARCH PROPOSAL
The document outlines a research proposal by Ariz Abu Qais on the topic of 'Corporate Social Responsibility: A Legal Perspective on Mandatory CSR in India.' It aims to analyze the evolution, impact, and challenges of mandatory CSR as mandated by the Companies Act, 2013, and includes objectives such as assessing compliance levels, evaluating the effectiveness of the regulatory framework, and proposing recommendations for improvement. The study employs a combination of doctrinal and empirical research methodologies to explore the legal and practical implications of CSR in India.
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Subject: Notification for Presentation of Research Proposal
before Research Committee
Name: Ariz Abu Qais
Enrolment no: A46011120014 Semester: 9th Batch: 2020-2025 S.NO. INDEX 1. TITLE OF DISSERTATION 2. RESEARCH OBJECTIVES 3. RESEARCH QUESTIONS 4. REVIEW OF LITERATURE 5. SIGNIFICANCE OF THE STUDY 6. PROPOSED METHODOLOGY 1. TITLE OF DISSERTATION CORPORATE SOCIAL RESPONSIBILITY: A LEGAL PERSPECTIVE ON MANDATORY CSR IN INDIA Corporate Social Responsibility: A Legal Perspective on Mandatory CSR in India is a deep dive into how CSR has evolved from a voluntary practice to a legal obligation in India. Once considered an optional activity that companies engaged in to build goodwill, CSR took a transformative turn with the introduction of Section 135 of the Companies Act, 2013. This law made CSR mandatory for certain companies, making India one of the first countries in the world to legislate corporate responsibility towards society. This dissertation aims to understand this shift from a legal examining how the law was framed, what its objectives are, and how it has influenced corporate behaviour. It explores the challenges businesses face in implementing these provisions, such as identifying meaningful projects, ensuring compliance, and reporting CSR activities. Additionally, it looks at the impact of this mandate on society—whether it has truly helped address critical issues like education, healthcare, and environmental sustainability, or if it remains a box-ticking exercise for many companies. By taking a legal perspective, the research doesn’t just look at the text of the law but also examines how it works in practice, how it is enforced, and how courts and regulators have interpreted and applied it. Ultimately, this study aims to uncover whether mandatory CSR has been effective in achieving its goals and what changes could make it even more impactful, bridging the gap between corporate responsibility and meaningful societal change. 2. RESEARCH OBJECTIVES
1. Analyze the Evolution of CSR as a Legal Obligation in India: This objective
aims to explore the historical journey of Corporate Social Responsibility (CSR) in India, transitioning from a voluntary practice to a mandatory legal obligation under the Companies Act, 2013. It seeks to understand how CSR has been perceived and implemented over time and how its codification into law has influenced corporate behaviour. 2. Examine the Role of Mandatory CSR in Promoting Sustainable Development and Societal Welfare: It focuses on assessing the impact of mandatory CSR on achieving broader social and economic development goals. It will evaluate whether the mandated CSR framework effectively addresses critical issues such as education, healthcare, environmental sustainability, and poverty alleviation, aligning with India’s commitment to Sustainable Development Goals (SDGs). 3. Assess the Compliance Levels and Challenges Faced by Companies in Implementing CSR Activities: This seeks to identify the extent to which companies comply with CSR regulations and the obstacles they encounter in fulfilling their legal obligations. Challenges such as ambiguity in regulations, lack of expertise, and limited monitoring mechanisms will be critically examined to understand their implications for effective CSR implementation. 4. Evaluate the Effectiveness of the Regulatory Framework in Ensuring Accountability and Transparency in CSR Spending: To analyze the efficiency of the existing legal and regulatory framework in ensuring that CSR spending is transparent, accountable, and impactful. It will explore the mechanisms used to monitor compliance, the role of regulatory bodies, and the efficacy of disclosure requirements mandated by law. 5. Provide Recommendations for Enhancing the Legal and Regulatory Framework for CSR in India: This identifying gaps in the current legal framework and proposing reforms to enhance its effectiveness. By analyzing the practices of other jurisdictions and considering the unique challenges faced by Indian companies, this research will offer actionable solutions to improve the overall CSR ecosystem in India.
3. RESEARCH QUESTION
The dissertation seeks to address several critical research questions to
comprehensively understand the evolution, impact, and challenges of mandatory CSR in India. First, it will explore the Historical Development Of CSR in India, examining how corporate responsibility was initially a voluntary initiative and how it evolved into a legal mandate under the Companies Act, 2013. This question aims to shed light on the societal and economic factors that influenced the shift towards mandatory CSR and the implications of this transition for businesses and the community. Second, the research will investigate How The Legal Mandate For CSR has impacted corporate behaviour and social outcomes. This involves analyzing whether the statutory requirement has led to a significant change in how businesses approach their social responsibilities, particularly in areas such as education, healthcare, and environmental sustainability. The focus will be on understanding whether the legal framework has successfully incentivized companies to contribute to social welfare. The third question addresses The Primary Challenges companies face in fulfilling their CSR obligations. This will include identifying practical issues such as inadequate resources, lack of awareness, unclear guidelines, and difficulties in measuring the social impact of CSR initiatives. By focusing on these challenges, the research will aim to understand the barriers hindering effective CSR implementation. Another key question will evaluate The Effectiveness Of Existing Mechanisms for monitoring and enforcing CSR compliance. This includes assessing the role of government agencies, such as the Ministry of Corporate Affairs (MCA), and third-party evaluators in ensuring that companies adhere to CSR requirements. The dissertation will also investigate whether the existing legal framework holds corporations accountable for CSR spending and outcomes. Lastly, the research will propose Reforms To Improve The Efficiency And Effectiveness of CSR implementation in India. This will involve suggesting legal and regulatory adjustments, such as clearer guidelines for CSR spending, better enforcement mechanisms, and incentives for companies that go beyond the basic legal requirements. By examining these areas, the study aims to contribute to enhancing the overall impact of CSR on both corporate behaviour and societal development. 4. REVIEW OF LITERATURE 1. Theoretical Foundations of CSR: Discusses various CSR theories, including stakeholder theory and triple bottom line. 2. Legal Framework: Explores the introduction of mandatory CSR under the Companies Act, 2013, particularly Section 135, which mandates eligible companies to spend 2% of their average net profit on CSR activities. 3. Compliance and Challenges: Highlights studies that discuss compliance levels, the nature of CSR projects undertaken, and issues such as inadequate monitoring and lack of clarity in guidelines. 4. Global Comparison: Examines CSR practices in other jurisdictions to understand how India’s legal mandate compares with global standards. The review identifies a research gap in understanding the long-term impact of mandatory CSR on corporate accountability and social development in India. 5. SIGNIFICANCE OF THE STUDY This study contributes to the academic field by offering a comprehensive analysis of the legal framework surrounding Corporate Social Responsibility (CSR) in India, especially with regard to its mandatory nature under the Companies Act, 2013. While CSR has been a growing area of research, there remains a gap in understanding the legal aspects of its mandatory implementation. This will enhance the understanding of CSR as not just a corporate responsibility but a legal obligation with societal impacts. The findings of this research will hold significant value for policymakers and regulatory bodies. By evaluating the effectiveness of the mandatory CSR provisions under the Companies Act, 2013, the study will highlight the strengths and weaknesses of the current legal framework. It will provide a detailed examination of the compliance challenges faced by companies and the gaps in the regulatory and monitoring mechanisms. For companies, this research will serve as a valuable resource to better understand their legal obligations and the practical challenges of CSR implementation. By analyzing real-world examples and company experiences, the study will provide insights into how businesses can navigate the regulatory landscape while fulfilling their social responsibilities effectively. This research aims to bridge the gap between compliance and genuine corporate social contribution, enhancing corporate reputation and fostering positive social impact. The ultimate goal of the study is to contribute to the broader societal impact of CSR. While mandatory CSR aims to channel corporate profits toward social welfare, the actual impact often depends on how funds are allocated and how initiatives are implemented. By identifying the challenges in CSR execution and areas of improvement, this research will propose practical solutions that can help ensure that CSR contributions are more effectively utilized for social good. 6. PROPOSED METHODOLOGY The research employs a combination of doctrinal and empirical approaches: 1. Doctrinal Research: Analysis of legal provisions in the Companies Act, 2013, and associated rules related to CSR. Examination of case laws, judicial interpretations, and regulatory guidelines. 2. Empirical Research: Review of CSR spending and compliance reports of Indian companies over the past decade. Interviews or surveys with corporate executives and legal professionals to understand challenges and best practices. 3. Comparative Analysis: Study of CSR frameworks in other jurisdictions (e.g., the UK and the EU) to draw comparisons and identify potential improvements for India. 4. Data Sources: Annual reports and CSR disclosures of companies. Government reports, NGO publications, and secondary research.
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