INDIA Law and Practice Contributed by: Roopali Singh, Yugank Goel, Aayushi Rout and Sushanth Sanjay, Vritti Law Partners
5. Key Trends 5.1 Impact of Key Trends
a convergence between environmental regulation and community justice. PIL continues to be India’s most dynamic and influ- ential tool for collective justice and policy reform. Many legislative and regulatory policy decisions have originated from PIL-based judicial directions. Indian courts’ policy directions have repeatedly spurred administrative reform by directing court-led safe- guards for PIL, such as mandatory disclosures and bona fides verification, to preserve legitimacy while retaining accessibility. 4.2 Legislative Reform The Digital Personal Data Protection Act, 2023, addresses breaches affecting millions of users, which will require mechanisms beyond individual complaints, potentially paving the way for data class actions supervised by the Data Protection Board of India. Future policy developments may therefore wit- ness a convergence between consumer protection and privacy regulation. Section 245 of the Companies Act remains in its form- ative stage of implementation but continues to occupy a central place in policy reform. The case Ankit Jain v Jindal Poly Films Limited CP No 58/245/PB/2024 is expected to create jurisprudence on maintainabil- ity, damages, and procedural gateways, informing future legislative reforms. The government and reg- ulators, such as SEBI, are exploring frameworks to make shareholder and depositor class actions viable, including reducing numerical thresholds and integrat- ing funding through the IPEF. While India’s collective redress framework has expand- ed through piecemeal enactments, the absence of a unified legislative framework creates procedural inconsistency. There is a need for a unified collective redress code which integrates civil, corporate, con- sumer, competition, and environmental mechanisms under a coherent procedural code.
India has developed its own unique system for col- lective redress, borrowing ideas from global models but adapting them to Indian laws and needs, begin- ning with PILs that opened access to justice for large groups and later expanded through laws such as the Companies Act and the CPA. Today, collective action is seen across many areas, from shareholder and consumer disputes to environmental and regu- latory cases. Recent ongoing cases, such as Ankit Jain v Jindal Poly Films CP No 58/245/PB/2024 and Manu Rishi Guptha v ICICI Securities Limited CP No 92/245/PB/2024, illustrate how minority investors are using class actions to challenge mismanagement, while regulators like SEBI, the CCPA, and the NGT are leading proactive group interventions. Digital tools such as ODR and the e-Daakhil portal have made it easier for people to file and track complaints online. Although challenges like limited funding and complex procedures remain, India’s collective redress system is becoming stronger, more structured, and more accessible, promoting fairness, accountability, and public trust.
159 CHAMBERS.COM
Powered by FlippingBook