Document Type
Book Chapter
Publication Date
2019
Abstract
In this introductory chapter, we have chosen to resist exploring some of the general themes associated with regulation, from its capacity to respond to market failures and market limitations, to the ways to make it accountable. Instead, we have chosen to turn to certain features of Indian regulation that are distinctive. Our basic premise is that, for all the legal ambiguities and institutional weaknesses, studying the Indian regulatory state is unavoidable, and may even be the inevitable starting point for numerous other issues, from economic growth to inequality to democratic accountability. This premise is only strengthened by the fact that, despite the legal questions that critics pose, the reality remains that – as has been the case in many advanced democracies – Indian constitutionalism has ‘accommodated’ the rise of the regulatory state.
Disciplines
Administrative Law | Comparative and Foreign Law | Constitutional Law | Law
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Recommended Citation
Devesh Kapur & Madhav Khosla,
The Reality of Indian Regulation,
Regulation in India: Design, Capacity, Performance, Devesh Kapur & Madhav Khosla (Eds.), Hart Publishing
(2019).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4871
Included in
Administrative Law Commons, Comparative and Foreign Law Commons, Constitutional Law Commons