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  • 16-Aug-2018 | Somasekhar Sundaresan

    Needed: A good settlement mechanism

    One area that needs more attention is the dichotomy between the principle that the strength of the defence is irrelevant and the consideration of major and minor character of the violation alleged

  • 01-Aug-2018 | Somasekhar Sundaresan

    Capacity building is imperative

    If the executive believes its agencies can and must play judge, it must invest in building capacity in regulators to conduct court-like proceedings in a fair, objective, firm and yet polite manner

  • 19-Jul-2018 | Somasekhar Sundaresan

    When a tribunal gets benched

    If one were to run state agencies efficiently, there simply cannot be an absence of advance planning to ensure the tribunals we create are also well-manned by judges

  • 05-Jul-2018 | Somasekhar Sundaresan

    Where the text trumps the context

    The tension between a regulator and the courts in interpreting the real meaning and the "facial" meaning of a ruling is not going away anytime soon

  • 21-Jun-2018 | Somasekhar Sundaresan

    Much to thank Kejriwal and Baijal for

    When a vague and open veto power resides with an external authority, the effectiveness of its usage lies in the absence of confrontation. Only a litigious battle can put these arrangements to rest

  • 07-Jun-2018 | Somasekhar Sundaresan

    Carte blanche to notify law requires reform

    The provocative abuse of the power to choose when to put into effect a law passed by Parliament has reached a point where judicial intervention is warranted

  • 24-May-2018 | Somasekhar Sundaresan

    Surgical strike at a chronic ailment

    Our regulators have to go beyond procedural reform and gaming of processes to improve rankings on Ease of Doing Business

  • 10-May-2018 | Somasekhar Sundaresan

    Fugitive law can victimise the victim

    Listing violations of takeover regulations could mean the state gave itself a tool to come after businesses with a heavy hand

  • 26-Apr-2018 | Somasekhar Sundaresan

    The IBC requires some cleaning up

    Questions persist on the legal standard that insolvency professionals - particularly those who replace the authority of the boards of directors of insolvent companies - must follow

  • 12-Apr-2018 | Somasekhar Sundaresan

    Crisis that will hurt bank resolution law

    Without serious confidence building measures being taken, and articulated well to the common man, the environment appears ominous

  • 22-Mar-2018 | Somasekhar Sundaresan

    All that is needed is political courage to clean up PSBs' governance

    It is important to take a close and hard look at how to clean up poor and ineffective governance of public sector banks

  • 08-Mar-2018 | Somasekhar Sundaresan

    Don't waste the bank scam crisis

    Think out of the box and bring in serious changes in the governance of public sector banks

  • 15-Feb-2018 | Somasekhar Sundaresan

    Indian bourses' gag order on price discovery

    Three Indian stock exchanges have come together to announce they would stop feeding price data to foreign stock exchanges

  • 17-Jan-2018 | Somasekhar Sundaresan

    Govt's electoral bonds for political funding: A cloak to hide the daggers?

    After a concerted effort by political parties to circumvent disclosures under the RTI Act come the electoral bonds that will confer on them the benefit of pretending to not know who has donated

  • 27-Dec-2017 | Somasekhar Sundaresan

    2017: The year of extremes

    2017 was marked by 3 extreme developments in law - surprising result in the 2G telecom case, changes in Insolvency and Bankruptcy Code and the push given to 'Money Bill' provisions of the Constitution

  • 13-Dec-2017 | Somasekhar Sundaresan

    SC's wake-up call with bail law

    The abolition of grant of bail without hearing govt's position, and requirement to satisfy court that accused is not guilty, has become so rampant that it has now found place even in basic company law

  • 28-Nov-2017 | Somasekhar Sundaresan

    Shun rhetoric, appreciate IBC problem

    The IBC ordinance is another example of attempting to write a law to solve a problem that is not properly defined at the threshold

  • 01-Nov-2017 | Somasekhar Sundaresan

    The problem with 'tribunalisation'

    Shift the oversight of tribunals from the government to the judiciary and reclaim the ground that constitutionally belongs to the latter

  • 18-Oct-2017 | Somasekhar Sundaresan

    About justice & conspicuous consumption

    When a crime is committed, everyone seems to have a view on who has done wrong, and regardless of judicial outcome through due process of law, theories of how justice was done or not done mushroom

  • 04-Oct-2017 | Somasekhar Sundaresan

    Between what's said and left unsaid

    A September 29 one-line press release by the Sebi is significant for what it left out

  • 20-Sep-2017 | Somasekhar Sundaresan

    Sebi on the right path over control of companies

    Its decision to desist from amending the Takeover Regulations is acknowledgement of the fact that one size doesn't fit all

  • 06-Sep-2017 | Somasekhar Sundaresan

    A tale of two jurisdictions

    Distinctions between the laws on insider trading in India and the US are nuanced rather than evident

  • 09-Aug-2017 | Somasekhar Sundaresan

    On ex parte orders, it pays to be circumspect

    Value of the rule of law is best tested when the most provocative circumstances present themselves

  • 26-Jul-2017 | Somasekhar Sundaresan

    Last resort shouldn't turn into first choice

    The new Insolvency and Bankruptcy Code has serious drawbacks

  • 12-Jul-2017 | Somasekhar Sundaresan

    How lines of role clarity are getting blurred

    Successive govts have got Parliament to make laws empowering regulators to play judiciary's role