Corporate Social Responsibility in India: The Saga Continues

Abstract

In course of this paper, the authors have sought to trace the various contours of the manner in which the concept of corporate social responsibility has evolved in India, culminating into its inclusion into the governing legislations for companies. The apparent shift of the CSR regime from being a voluntary one to a mandatory one involving sanctions for non-compliance via the latest legislative amendments has also been commented upon. After having discussed the key legislative provisions that govern CSR spending by companies by India, the paper goes on to highlight some of the legislative amendments relating to CSR and the potential impact thereof, including relaxations provided to start-up companies, the mandatory transfer of unspent CSR funds to escrow funds and eventually to public funds centrally controlled by the government, the additional compliance monitoring authority granted to the government, and the penal provisions for non-compliance. The paper finally refers to the draft Companies (Amendment) Bill, 2020 and its possible effect on the CSR regime in India that is looking more and more like corporate taxation with these new amendments.