Acknowledgements
Contents
Notes on Contributors
Table of Cases
Table of Legislation
Table of Secondary Legislation
Table of Statutes
Table of Other Materials
Table of EU Material
Table of International Material
Table of National Material
PART I: INTRODUCTION
1. The Reality of Indian Regulation
Introduction
I. Doctrinal Incoherence and Uncertainty
II. Regulatory Incapacity and Structural Weaknesses
III. Regulatory Independence and Design
IV. New Technologies and Dated Regulatory Frameworks
V. International Regulation as a Domestic Policy Anchor
Conclusion
PART II: FOUNDATIONS
2. Indian Administrative Law and the Challenges of the Regulatory State
Introduction
I. The Constitution and Administrative Law
II. The Supreme Court and Administrative Law
III. The State and Administrative Law
IV. The Citizen and Administrative Law
Conclusion
3. Reclaiming Indian Administrative Law
Introduction
I. Common Law Review of Administrative Action
II. The Arbitrariness Doctrine
III. Social Rights
IV. Implications of the Eclipse of Administrative Law
V. Reinvigorating Administrative Law
Conclusion
4. Constitutional Regulationof the Fourth Branch
Introduction
I. Constitutional Foundations
II. Agencies and the Constitution
III. Enforcing Accountability in Practice
Conclusion
PART III: REGULATORY DOMAINS
5. Securities Markets
Introduction
I. Evolution and Expansion of Sebiβs Role in Indiaβs capital Markets
II. Regulatory Turf Wars
III. Balancing Independence and Accountability
IV. Enforcement Concerns and Regulatory uncertainty
V. Weak State Capacity
Conclusion
6. Banking
Introduction
I. Banking Regulation: The Present Framework
II. Structural Issues
Conclusion
7. Infrastructure
Introduction
I. The Regulatory Framework: Evolution and Features
II. Basic Principles: Regulation and Competition
III. Political Economy and the Market
Conclusion
8. Telecom
Introduction
I. The Telecom Administrative Framework
II. Broad Administrative Objectives
III. Features of Telecom Administration
Conclusion
9. Renewable Energy
Introduction
I. Early Objectives
II. Turf Wars in the Renewable Energy Sector: Conflicting Objectives and Policies
Conclusion
10. The Environment
Introduction
I. The Framework of Pollution Regulation in India: Key Elements
II. The Enforcement of Pollution Regulation in India
III. Critical Issues Affecting the Efficacy of the Pollution Regulation
Conclusion
11. Food
Introduction
I. An Overview of Food Regulation in India
II. The Food Safety and Standards Authority of India
III. Critiques of the FSSAI
IV. Why Does FSSAI Appear so Dysfunctional?
Conclusion
12. Big Data
Introduction
I. Informational Privacy and Data Security
II. Data Governance Principles
III. The Regulatory Structure
Conclusion
PART IV: REGULATION IN PRACTICE
13. The Enforcement of Indian Competition Law Administrative or Regulatory?
Introduction
I. Sectoral Regulation v Competition Law
II. The Institutional Framework in Developed Countries
III. Is Antitrust in Developing Countries Different?
IV. The Making of Indian Competition Law
V. The Competition Commission of India
VI. The CCI and Government Restraints on Competition
Conclusion
14. Sanctions and Self-Regulation in the Securities Market
Introduction
I. Sebiβs Regulation of Stock Exchanges and Exchange Self-Regulation
II. Sebiβs Self-Regulatory Model in Context: Market Structure, Market Power and Regulatory Efficacy
III. Effective Sanctions and Regulatory Trade-Offs
IV. Limits and New Directions
15. Regulatory Pragmatism The Use of the Ban
Introduction
I. Bans as Regulatory Tool
II. The Limits of Bans: Public Smoking
Conclusion
16. Statutory Regulatory Authorities Evolution and Impact
Introduction
I. Structure and Design of Regulators
II. Administrative Law for Statutory Regulatory Authorities
III. Analysis and Findings
Conclusion
17. Building State Capacity for Regulation
Introduction
I. State Capacity and Regulation
II. Elements of a High-Performance Regulator
III. From Theory to Practice
IV. Recent Developments
Conclusion
Index