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CORPORATE GOVERNANCE AND CORPORATE ACCOUNTABILITY IN INDIA: A CRITICAL ANALYSIS UNDER THE COMPANIES ACT 2013

Aleena. B. Alex, LLM (Business Law), 2nd Semester Student at Amity Institute of Advanced Legal Studies, Amity University (Noida) (India)

The role of corporate governance in ensuring transparency, accountability and responsible management of corporations is an extremely important one. Corporate Governance consists of the whole system of rules, practices and processes by which a company is directed and controlled. The idea behind effective corporate governance is to protect the interests of shareholders and all stakeholders, as well as to encourage ethical behavior in the business community. In India, corporate governance has evolved with the enactment of the Companies Act 2013, which contains numerous provisions for improving corporate accountability and transparency in corporate operations, and therefore enhancing the overall governance framework in the country. The enactment of the Act includes several major governance mechanisms, such as the appointment of independent directors, the establishment of board committees and improved requirements for disclosure of information. These governance mechanisms have been incorporated into the Act to improve decision making within corporations and to provide companies with a structure to carry out their businesses in a transparent and responsible manner. However, despite having established several of these important legal governance mechanisms, the ongoing issues with respect to corporate mismanagement, a lack of transparency, and weak enforcement mechanisms are calling into question the adequacy of the existing governance practices for corporations in India. The objective of this research is to investigate the impact of corporate governance on corporate accountability, specifically under the context of the Companies Act 2013. This paper provides a critical analysis of the different governance mechanisms prescribed in the Act and assesses their ability to promote responsible behavior by corporations through effective means of enforcement. Additionally, this study discusses the challenges associated with implementing corporate governance principles and stresses the need for regulatory enforcement, improved compliance initiatives, and increased regulation to enhance accountability in Indian businesses.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 1517–1538.
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