Regulation in India: Design, Capacity, Performance

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 Sebi’s Role in India’s 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. Sebi’s Regulation of Stock Exchanges and Exchange Self-Regulation
		II. Sebi’s 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