PHARMACEUTICAL PATENTING IN INDIA: CHALLENGES OF PUBLIC ACCESS TO HEALTH A CRITICAL LEGAL ANALYSIS

AUTHOR – MR.DON BENNY, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – MR.DON BENNY, PHARMACEUTICAL PATENTING IN INDIA: CHALLENGES OF PUBLIC ACCESS TO HEALTH A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 486-496, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6450 

ABSRACT

One of the most controversial frontiers of the modern international trade law is the intersection of patent law in pharmaceuticals and the interests of health. India plays one of the most interesting roles in this discussion, being both a key provider of cheap generic drugs to the developing world, and a sovereign State that must reconcile its local intellectual property regime with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). ^[1]

With the Patents (Amendment) Act, 2005, the Indian patent landscape was essentially reorganized in that the pharmaceutical substances were given the protection of product patent in decades.  Although such a legislative change is required to conform to the WTO regulations, it has created severe conflicts between the commercial interests of innovation and the constitutional and humanitarian interests of providing access to affordable medicines to the population.

This essay is a critical legal appraisal of the main issues that patenting of drugs in India presents to the access to health by the populace. It looks at the legislative framework of pharmaceutical patents, the critical nature of Section 3(d) of the Patents Act as an anti-evergreening measure, the extent and extent of compulsory licensing, and the ongoing effect of the Doha Declaration. This paper presents an argument that, despite the fact that the legal framework of India has strong flexibilities in the area of public health, structural, judicial and political barriers still exist that hinder the effective use of these flexibilities. The paper ends with normative suggestions to strengthen the primacy of the public health in the structure of Indian pharmaceutical patent law.^[2]

Keywords: TRIPS Agreement, Section 3(d), Compulsory Licensing, Evergreening, Access to Medicines, Novartis, Doha Declaration, Indian Patent Law, Public Health Flexibilities

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[1] Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 1869 U.N.T.S. 299, 33 I.L.M. 1197 (1994) [hereinafter TRIPS Agreement].

[2] World Health Organization, ‘Access to Medicines: Making Market Forces Serve the Poor’ (2004), WHO/EDM/2004.2.

THE INEFFECTIVE PROCESS OF REMOVING INDIAN JUDGES: A CRITICAL ANALYSIS

AUTHOR – DHINAGAR. P* & Ms. EZHILARASI M**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – DHINAGAR. P & Ms. EZHILARASI M, THE INEFFECTIVE PROCESS OF REMOVING INDIAN JUDGES: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 478-485, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s constitutional framework for judicial removal—impeachment under Articles 124(4) and 217(1)(b) of the Constitution of India 1950—has never resulted in the removal of single jude in over seventy-five years of independent India. This paper critically analyses the systemic defects that have rendered this mechanism wholly inoperative. Drawing primarily on an examination of the structural issues and challenges identified through doctrinal analysis and a review of all significant impeachment attempts—Justice V Ramaswami (1993), Justice P D Dinakaran (2010), Justice Soumitra Sen (2011), Justice S K Gangele (2015), Justice C V Nagarjuna Reddy (2017), and Justice Yashwant Varma (2025–2026)—the paper argues that failure is the product of compounding constitutional, legislative, definitional, political, and institutional defects. The paper further draws on comparative models from the United Kingdom, the United States, Canada, and Australia to propose targeted reforms, including the creation of an independent National Judicial Accountability Commission, a statutory definition of “proved misbehaviour,” a preliminary screening mechanism, and a legislative response to the resignation loophole.

Keywords: judicial accountability, impeachment, proved misbehaviour, Judges (Inquiry) Act 1968, judicial independence, judges removal, constitutional reform

PLATFORM WORKER SAFETY IN INDIA’S GIG ECONOMY: BRIDGING LEGAL GAPS FOR OCCUPATIONAL PROTECTION

AUTHOR – GUGAN RAJ, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – GUGAN RAJ, PLATFORM WORKER SAFETY IN INDIA’S GIG ECONOMY: BRIDGING LEGAL GAPS FOR OCCUPATIONAL PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 472-477, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The gig economy in India, significantly supported by platforms such as Uber, Swiggy, and Zomato, has provided employment opportunities to millions in flexible arrangements. These platform workers are classified as independent contractors, which exempts them from the scope of traditional labor laws in most respects, particularly concerning occupational safety. This paper examines the extent of protection and benefits provided to platform workers by existing Indian workplace safety laws, particularly the Labour Codes enacted in 2019-2020 and the Social Security Code, 2020. Statutory analysis, case law review (including IFAT v. Union of India), and comparative insights from the United Kingdom, United States, and European Union will reveal the significant legal gaps. State-level innovations include promising welfare mechanisms such as accident insurance and algorithmic transparency in Rajasthan’s 2023 Act and Karnataka’s 2024 Bill, but these measures do not fully encompass the definition of employee. Judgments have thus far failed to resolve ambiguities regarding employment status, hindering the implementation of safety mandates. While the Union Budget, 2025, and the proposed national law are progressive, they are plagued by the common issue of delayed regulations and resistance from platforms. Reclassifying gig workers under occupational safety laws and implementing mandatory protections is essential to uphold constitutional rights and equitable labor standards within India’s digital economy. The article concludes that harmonizing fragmented state initiatives under a national framework is crucial for maintaining these standards.

Keywords: Gig economy, Platform workers, Occupational safety, Labour Codes, Social Security Code, Legal reform, Worker classification, Algorithmic transparency.

THE INDIAN POSITION: CONSTITUTIONAL AND LEGAL FRAMEWORK

AUTHOR – KHUSHBOO RAJ, STUDENT AT AMITY UNIVERSITY

BEST CITATION – KHUSHBOO RAJ, THE INDIAN POSITION: CONSTITUTIONAL AND LEGAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 459-471, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This chapter examines the constitutional and legal framework that regulates voting rights in India, with a particular emphasis on the prohibition of undertrial prisoners from voting. Universal adult suffrage is guaranteed by Article 326 of the Indian Constitution; however, the right to vote is not acknowledged as a fundamental right. Rather, it regards the right to vote as a statutory entitlement that is primarily regulated by the Representation of the People Act, 1951. According to Section 62(5) of the Act, individuals who are incarcerated, including those who are presumed innocent and are currently under trial, are prohibited from voting.

The chapter critically evaluates constitutional provisions, statutory law, and judicial interpretations to determine whether disenfranchisement is in accordance with the principles of equality under Article 14, personal liberty under Article 21, and democratic participation. It demonstrates the injustice of denying voting rights to prisoners who are still awaiting trial, which is in direct opposition to the principle of “innocent until proven guilty.” “It also demonstrates the injustice of granting exceptions for preventive detention.”

This chapter demonstrates that Indian courts have augmented the fundamental rights of prisoners in areas such as dignity and a prompt trial by examining case law and comparing it to that of other countries. Nevertheless, they have adhered to the legislature’s decision regarding voting rights. Information from Tihar Jail is also included in the chapter, which demonstrates that a significant number of undertrial prisoners are unaware of their voting rights and are more concerned with matters such as bail and trial delays.

The research reveals that the present legal framework results in a democratic deficit by obstructing a significant portion of the population from voting. It also urges a reassessment of existing laws in accordance with international human rights standards and constitutional values.

The constitution and laws that govern voting rights in India demonstrate how democratic ideals and laws interact in complex ways. Although the Indian Constitution recognizes political participation as a fundamental component of representative democracy, the right to vote is not recognized as a fundamental right. Instead, it holds a distinct place in the legal system because it is recognized by the constitution, governed by the law, and limited by the courts.

This chapter examines how Indian constitutional provisions, laws, and court decisions all interact to affect citizens’ voting rights, with a focus on those who are in jail pending trial. It examines whether the current system is consistent with constitutional protections for equality, personal freedom, and democratic participation, or whether it exacerbates the democratic deficit by excluding a large group of people who have not been convicted of a crime.

LPG AVAILABILITY AND DISTRIBUTION CHALLENGES IN INDIA: A CRITICAL STUDY WITH SPECIAL REFERENCE TO KERALA

AUTHOR – A S ABED*, ASWIN. T. P*, LUTUFIYA M AZEES** & VISHNU S MULLAPPALLY**

* STUDENTS AT CSI COLLEGE FOR LEGAL STUDIES, KANAKKARY (AFFILIATED BY MAHATMA GANDHI UNIVERSITY)

** STUDENTS SREE NARAYANA LAW COLLEGE, POOTHOTTA (AFFILIATED BY MAHATMA GANDHI UNIVERSITY)

BEST CITATION – A S ABED, ASWIN. T. P, LUTUFIYA M AZEES & VISHNU S MULLAPPALLY, LPG AVAILABILITY AND DISTRIBUTION CHALLENGES IN INDIA: A CRITICAL STUDY WITH SPECIAL REFERENCE TO KERALA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 449-458, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Liquefied Petroleum Gas (LPG) has become a cornerstone of India’s clean energy transition, particularly in the domestic cooking sector. Over the past decade, sustained policy interventions, infrastructure expansion, and subsidy-driven initiatives have significantly increased LPG penetration across both rural and urban households^[1]. This transition has played a crucial role in reducing dependence on traditional biomass fuels such as firewood, coal, and kerosene, thereby contributing to improved public health outcomes^[2], environmental sustainability, and enhanced quality of life—especially for women, who have historically borne the burden of household cooking.

Despite these advancements, recent developments—especially global geopolitical tensions, supply chain disruptions, and policy prioritization—have exposed deep structural vulnerabilities in India’s LPG availability and distribution system^[3]. The country’s heavy reliance on imports, coupled with its exposure to volatile⁴ international energy markets, has made LPG supply increasingly uncertain. Disruptions in key exporting regions, fluctuations in global prices, and logistical bottlenecks have collectively strained the consistency and affordability of LPG supply in India.

This paper critically examines the emerging LPG availability crisis in India with a special focus on Kerala⁵, a state characterized by near-universal dependence on LPG for domestic and commercial energy needs. Kerala’s unique socio-economic profile—marked by high population density, limited use of alternative fuels, and strong reliance on service-sector activities—makes it particularly vulnerable to even short-term supply disruptions. As a result, the state serves as an important case study for understanding the broader implications of LPG shortages in highly dependent regions.

The study analyzes the causes of supply disruptions in a comprehensive manner, including structural factors such as import dependence, external shocks arising from global conflicts affecting fuel supply chains, and internal inefficiencies⁶ within the domestic distribution network. It also considers the role of policy decisions, including the prioritization of household consumption over commercial use, and how such measures, while necessary, may generate unintended economic consequences.

Further, the paper evaluates the socio-economic impacts of LPG shortages on multiple stakeholders, including households, small and medium enterprises, large commercial establishments, and essential service providers such as hospitals and educational institutions. It highlights how supply disruptions can lead to cascading effects—ranging from increased household vulnerability and health risks to business closures, employment losses, and inflationary pressures in local economies.

Through a detailed examination of recent events in Kerala, including commercial LPG shortages, prolonged refill delays, and regulatory restrictions on cylinder usage, the paper underscores the severity and immediacy of the crisis. These developments reveal critical gaps in preparedness, coordination, and resilience within the existing energy supply framework.

In conclusion, the study emphasizes the urgent need for comprehensive policy reform and strategic diversification of energy sources. It advocates for a multi-pronged approach involving structural improvements in supply chains, enhanced regulatory mechanisms to ensure transparency and equity, and the adoption of technological solutions for efficient distribution management. Additionally, it highlights the importance of promoting alternative clean energy options such as electric cooking and biogas to reduce overdependence on LPG. Such measures are essential to strengthen energy security, improve system resilience, and ensure equitable access to clean cooking energy across India.

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[1] Ministry of Petroleum and Natural Gas, Government of India, Annual Report on LPG Consumption and Distribution in India (New Delhi, 2024).

[2] International Energy Agency (IEA), India Energy Outlook 2023 (Paris: IEA Publications, 2023).

[3] World Health Organization, Household Air Pollution and Health Impacts (Geneva: WHO, 2022).

4  Petroleum Planning & Analysis Cell (PPAC), LPG Import Dependency Statistics Report (New Delhi, 2024).

5 Ministry of Petroleum and Natural Gas, Pradhan Mantri Ujjwala Yojana (PMUY) Progress Report (New Delhi, 2023)

6  Reuters News Agency, “India Diversifies LPG Imports Amid Middle East Supply Disruptions,” 2026

WEAPONIZING SELF-DEFENCE: ARTICLE 51 IN THE RUSSIA–UKRAINE CONFLICT

AUTHOR – P. THIRAVIYAMALAR* & MISS. GAYATHRI**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – P. THIRAVIYAMALAR & MISS. GAYATHRI, WEAPONIZING SELF-DEFENCE: ARTICLE 51 IN THE RUSSIA–UKRAINE CONFLICT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 443-448, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I645

Abstract :

Weaponisation of self-defence in the Russian-Ukrainian  conflict 2014 2025. This highstakes postmortem carries out the “legal gymnastics” of Article 51 of the UN Charter throughout the friction between Russia and Ukraine for over a decade.  An exceptional ,narrowly drafted  words of art 51 of un charter is being weaponised by being overused or invoked under the  legal cover of “rule based order”. In this article ,we delve into the concept where the states or policy makers repeatedly invoke “the emergency exceptional clause” pass round the given rules when it suits their interest, diluting its  core concept to advance geopolitical goals ^[1]Now we are not just going to check “black letter” boxes alone,  i.e not just sticking around the narrow , formal legal text .instead , how the law actually made, it looks and function after a prolonged period of intense warfare. Decoding how the scholars, courts, and states have interpreted Article 51its connection to art 2(4),the Security Council, and doctrines such as necessity , proportionality and imminence.^[2] LETS SET ASIDE THE ORIGINAL 1945 interpretation of art 51 and delve into the concept of the contemporary misuse of the real intent behind art 51^[3]. we are not just staying around the text books , but Looking into the deep ,where the two complicated concepts selfdefence and collective self defence prevails.The Paper Trail: 2014–2025The  heart  of this research paper is a detailed step by step evaluation , of what countries actually practice and opino juris by analysing the U.N.  official documents from “ DearMr.SecretaryGeneral” letters ,UN Security Council (UNSC) transcripts,General Assembly resolutions to trace how the legal vibe has changed between 2014 to now. The 2014 kingpin: decoding how Russia’s illegal takeover of Crimea resulted in a tragic precedent for other states to use similar protection to justify their actions.

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[1] https://www.lowyinstitute.org/theinterpreter/abandoningrulesbasedordernosolution

[2] https://en.wikipedia.org/wiki/Selfdefence_in_international_law

[3] https://www.justsecurity.org/72177/theunchartersoriginaleffectonstatesovereigntyandtheuseofforce/

VOICES FOR THE EARTH: LAW, SOCIETY, AND ENVIROMENT: DEVELOPMENT VS. CONSERVATION: THE DILEMMA OF MODERN STATES

AUTHOR – RIYA KUMARI, STUDENT AT KES SHRI JAYANTILAL H PATEL LAW COLLEGE

BEST CITATION – RIYA KUMARI, VOICES FOR THE EARTH: LAW, SOCIETY, AND ENVIROMENT: DEVELOPMENT VS. CONSERVATION: THE DILEMMA OF MODERN STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 435-442, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper primarily focuses on the challenges faced by modern states or developing nations in the form of conflicts between economic development and conservation. We will be discussing both the aspects and their need. Also citing the reports of some credible institutions, such as IPCC, over issues such as climate change. While discussing the reasons for conflicts, this paper focuses on certain relevant laws, International Treaties and policies affecting both. The paper also recommends some steps, as well as citing some proven methods used by different countries, to reduce the conflict and achieve the target of a sustainably developed economy.

The states that are still in their developing phase of economy have to face another challenge of conservation during the process, raising various issues such as environmental damage, social instability, political and legal challenges, along with international treaties and laws. The economic development for the states is a need of the hour, but should be achieved only through sustainable development. In this paper, we will also be focusing on the recent developments and judgments within the country in terms of policy and law, such as the Supreme Court of India’s adoption of a new definition of the Aravali Hills, which sparked a lot of controversy, leading the Honourable Court to make a temporary stay on its own judgment.

The paper emphasises a sustainable model of development that helps such states achieve their target of economic development but without any compromise on conservation of forests, environment, natural resources and tribes. The paper considers a stronger legal framework, transparent decision-making and incorporating the common people in an open dialogue with the concerned authorities as a remedy. This methodology will not just reduce the conflict, but also help the state to achieve sustainable development along with economic prosperity.

While maintaining a holistic approach, this paper introspects the challenges of both aspects, the economic development and conservation. Both these are two facets of the same coin for any developing nation; ignoring either cannot be affordable. While in the course of economic development, the conservation of lands, rivers, minerals, tribes and other natural resources should also be considered.

Keywords: Conservation, Economic Development, Sustainable development, climate change, legal framework.

PRIVACY AGAINST TRANSPARENCY: ENFORCEMENT CHALLENGES AT THE INTERSECTION OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 AND THE RIGHT TO INFORMATION ACT, 2005

AUTHOR – BEROZ SHERIM J* & R. THENDRALARASI**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – BEROZ SHERIM J & R. THENDRALARASI, PRIVACY AGAINST TRANSPARENCY: ENFORCEMENT CHALLENGES AT THE INTERSECTION OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 AND THE RIGHT TO INFORMATION ACT, 2005, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 427-434, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I643

ABSTRACT:

The enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) marks a defining moment in Indian information governance. Yet the statute’s most consequential provision — Section 44(3), which amends Section 8(1)(j) of the Right to Information Act, 2005 (RTI Act) — has received insufficient scholarly scrutiny. By substituting a nuanced, proportionality-driven public interest override with an unqualified reference to ‘personal data’, the legislature has created a conflict of constitutional and institutional magnitude. This article examines the doctrinal foundations of both the right to information and the right to privacy as co-equal fundamental rights under the Indian Constitution, analyses the specific legislative and institutional conflicts generated by the DPDP-RTI interface, and draws on comparative frameworks from the European Union, the United Kingdom, and South Africa to advance a case for a harmonised privacy-transparency framework. The article concludes that Section 44(3) fails the proportionality test articulated in Justice K S Puttaswamy v Union of India and proposes legislative, institutional, and interpretive reforms necessary to restore constitutional coherence.

Keywords: Digital Personal Data Protection Act 2023; Right to Information Act 2005; Section 44(3); privacy; transparency; proportionality; Data Protection Board of India; Central Information Commission; GDPR; constitutional law.

CRITICAL ANALYSIS ON CLOSING THE GOVERNANCE GAP: ENFORCEMENT DEFICITS, STRUCTURAL VULNERABILITIES, AND THE REFORM IMPERATIVES OF INDIA’S CORPORATE GOVERNANCE ARCHITECTURE

AUTHOR – VIJAYENDRA SAEE* & MS. K. KEERTHANA**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – VIJAYENDRA SAEE & MS. K. KEERTHANA, CRITICAL ANALYSIS ON CLOSING THE GOVERNANCE GAP: ENFORCEMENT DEFICITS, STRUCTURAL VULNERABILITIES, AND THE REFORM IMPERATIVES OF INDIA’S CORPORATE GOVERNANCE ARCHITECTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 415-426, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I642

ABSTRACT

Corporate governance in India occupies a paradoxical position: a statutory and regulatory architecture that bears close comparison with leading international standards coexists with a recurring pattern of governance failure that exposes deep structural and enforcement inadequacies. This article advances a critical, reform-oriented analysis of the Indian corporate governance framework, focusing on three interconnected structural vulnerabilities: the persistent compromise of board independence arising from promoter dominance and appointment-capture; the inadequacy of audit oversight mechanisms as demonstrated by successive corporate frauds; and the systemic misuse of related-party transactions as instruments of minority shareholder expropriation. Drawing upon the Companies Act 2013, the SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015, the Insolvency and Bankruptcy Code 2016, and landmark judicial pronouncements of the Supreme Court, the article situates these vulnerabilities within the theoretical frameworks of agency theory and stakeholder theory. It identifies the central lacuna in India’s governance programme as a structural enforcement deficit — the failure to translate formally adequate legal norms into substantive governance outcomes. The article further examines the contribution of judicial decision-making, institutional investor engagement, and recent regulatory developments including SEBI’s revised related-party transaction framework and the Business Responsibility and Sustainability Reporting regime to governance effectiveness. It concludes with targeted normative recommendations addressing independent director appointment reform, audit committee empowerment, related-party transaction governance, and enforcement architecture, arguing that India’s governance trajectory must shift decisively from a compliance orientation towards a culture of substantive accountability if the aspirations of the corporate governance reform programme are to be meaningfully realised.

Keywords: Corporate Governance; Companies Act 2013; Board Independence; Related-Party Transactions; Enforcement; Promoter Dominance; SEBI; Audit Oversight; India.

PROTECTION OF MINORITY SHAREHOLDERS AND THE DOCTRINE OF CORPORATE VEIL: A CRITICAL STUDY

AUTHOR – ISHA VERMAN, LLM (BUSINESS LAW) STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – ISHA VERMAN, PROTECTION OF MINORITY SHAREHOLDERS AND THE DOCTRINE OF CORPORATE VEIL: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 406-414, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I641

ABSTRACT

The principle of separate legal personality, established in Salomon v. A. Salomon & Co. Ltd. (1897), forms the cornerstone of modern corporate law by recognizing companies as distinct legal entities from their shareholders. While this doctrine, embodied in the concept of corporate veil, has facilitated commercial growth through limited liability protection, it has simultaneously created an inherent power imbalance between majority and minority shareholders, particularly in closely held and family-controlled companies. Minority shareholders, despite contributing capital, often lack effective control and remain vulnerable to oppression, mismanagement, exclusion from management, diversion of funds, and abuse of corporate resources by majority shareholders.

This research critically examines the intersection between minority shareholder protection and the doctrine of corporate veil under Indian company law. The study analyzes the adequacy of statutory safeguards provided under the Companies Act, 2013, including provisions relating to oppression and mismanagement (Sections 241-245), class action suits, and derivative actions. While these remedies exist in statute, their practical effectiveness is often undermined by procedural complexities, high litigation costs, delays in adjudication, and evidentiary burdens placed on minority shareholders.

The research further investigates the judicial doctrine of lifting or piercing the corporate veil as a remedial mechanism to prevent abuse of corporate power. When corporate personality is misused as a façade to perpetrate fraud, evade legal obligations, or oppress minority shareholders, courts have intervened by disregarding the corporate veil to identify and hold accountable the real persons behind the corporate structure. However, the application of this doctrine remains inconsistent and lacks clearly defined standards, creating uncertainty in its utility as a protective tool.

Adopting a doctrinal and analytical methodology, this study examines primary sources including statutory provisions, judicial precedents from Indian courts and tribunals, and constitutional principles, supplemented by secondary sources such as textbooks, research articles, and commentaries. A comparative perspective is employed by analyzing the position in other common law jurisdictions, particularly the United Kingdom, to identify best practices and alternative approaches.

The research addresses six key questions: the legal protections available to minority shareholders under Indian law; the significance of the corporate veil doctrine; how the doctrine affects minority shareholder rights and remedies; the effectiveness of veil lifting in preventing corporate abuse; existing challenges and gaps in its application; and potential measures to strengthen protection without undermining separate legal personality.

The study hypothesizes that existing legal provisions are insufficient to effectively protect minority shareholders from oppression and that rigid application of the corporate veil doctrine may facilitate power abuse by majority shareholders. It posits that judicial intervention through veil lifting plays a significant role in ensuring fairness and accountability, and that clearer legal standards can strengthen minority shareholder protection and improve corporate governance.

Through systematic analysis across six chapters covering introduction, conceptual framework, statutory protection mechanisms, the doctrine of corporate veil and its lifting, comparative perspectives, and findings with recommendations, this research aims to contribute to academic discourse and legal reform. The study seeks to achieve a balanced approach that respects corporate autonomy while ensuring meaningful protection of minority shareholder interests, thereby promoting equitable corporate governance and preventing abuse of corporate power in modern business structures.

KEY WORDS : Minority Shareholder Protection, Corporate Veil, Separate Legal Personality, Oppression and Mismanagement, Companies Act 2013, Indian Company Law, Lifting the Corporate Veil, Corporate Governance.