CLE213 | TWENTY | 20 Law and Economics

This research-based seminar deals with the theory and praxis of law-and-economics. The appellation ‘Twenty|20’ in the title is intended to refer to the case-laws and readings of book chapters (or law review articles) over 20 (twenty) seminars detailed below.

Whilst the methodology of law-and-economics has been applied to a mélange of fields, this course will focus upon the application of law-and-economics in the context of Indian corporate/commercial laws.

This is an elective course indicated (but not mandated) by the Bar Council of India in its Legal Education Rules 2008.

This course builds upon the foundation of corporate law 1 and corporate law 2 courses offered in the five-year BALLB Honours programme.

The approach of the course is that of a synthesis between theory (jurisprudence) and practice.

The choice of materials is a mix of statutes, case laws and secondary readings. The statutory materials include the enactments (and statutory instruments ie rules, regulations and circulars) set out below.

• Companies Act 2013;

• Securities Contract Regulation Act 1956 (SCRA);

• Securities and Exchange Board of India Act 1992 (SEBI);

• Competition Act 2002;

• Insolvency and Bankruptcy Code 2016 (IBC); and

• Foreign Exchange Management Act 1999 (FEMA).

The pedagogical method will consist of (the Socratic Method inspired) discussions and active class participation based upon assigned readings.

Note that the elective assumes familiarity with the fundamentals of the above enactments. In the past, students unfamiliar with these enactments have found the difficulty level to be extremely high.

The course deals with relevant case laws and current developments. Whilst it is not the primary focus of the course, wherever relevant, it compares the Indian legal regime with that of the US, the EU and the UK.

The layout of the course involves readings foundational materials in first few weeks followed by advanced readings.