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This is not the first time that a dispute within India’s most respected business conglomerate has reached the highest political offices. Following Cyrus Mistry’s removal as Tata Sons chairman in 2016, both Mistry and Ratan Tata separately met Prime Minister Narendra Modi and home minister Amit Shah

The meeting of Tata Trusts chairman Noel Tata, vice-chairman Venu Srinivasan with Union home minister Amit Shah, purportedly to discuss differences within the Tata Group over the listing of Tata Sons has kicked up a political storm after Leader of Opposition in Lok Sabha Rahul Gandhi's post.

This is not the first time that a dispute within India’s most respected business conglomerate has reached the highest political offices. Following Cyrus Mistry’s removal as Tata Sons chairman in 2016, both Mistry and Ratan Tata separately met Prime Minister Narendra Modi and home minister Amit Shah.

Even if such meetings were intended to facilitate an amicable resolution, they will create the impression that political intervention is being sought to settle matters that properly belong within the corporate governance framework.

Tata Sons’ enormous economic footprint, international presence and reputation for ethical governance make its stability a matter of national interest. Nevertheless, national importance cannot become a justification for political involvement in disputes among shareholders, trustees and directors.

A useful analogy comes from the Supreme Court’s landmark judgment in S.R. Bommai v. Union of India (1994). The court established that the majority enjoyed by a state government should ordinarily be tested on the floor of the Legislative Assembly, rather than determined through the governor’s subjective assessment.

The underlying democratic principle has relevance to corporate governance. Just as the Assembly is the appropriate forum for determining legislative confidence, the shareholders’ general meeting should be the ultimate forum for decisions reserved for shareholders under company law. Any dispute, therefore, should be settled at shareholders’ meetings.

Such informal arbitration could also affect India’s international reputation. Global investors value predictable regulations, transparent governance and freedom from arbitrary political influence. Even well-intentioned interventions, if conducted behind closed doors, can create perceptions of political patronage and discretionary power over private enterprise, which should be avoided.

( Source : Asian Age )
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