Reality vs. Theory in Company Law - The Case of Independent Directors
company clat_pg beginner agree_disagreeI completely disagree with the claim that independent directors in India are effective in exercising their powers. In my internship, I saw a case of a company where the independent directors were merely rubber-stamping the decisions of the majority. They weren't even aware of the financials of the company despite being part of an audit committee. The reality is that in India, most boards of directors are dominated by a few powerful members, and the independent directors are mere pawns in their game. The Companies Act 2013 may mandate independent directors, but it's the lack of teeth in the law that allows them to be ineffective. The case of the Tata Sons vs Cyrus Mistry saga is a classic example of how independent directors can be arm-twisted to go along with the majority. Until there's a real enforcement mechanism, independent directors will be nothing more than a theoretical concept.