Question
In the landmark case Re: Dr. Subramanian Swamy (2013)
and related Supreme Court judgments, the Court addressed the rights of shareholders to seek information about company affairs and raise questions about director conduct. The Court held principles regarding shareholder activism. Which principle was established?Solution
In various Supreme Court decisions addressing shareholder rights (including the Dr. Subramanian Swamy petitions), the Court has established that shareholders possess a constitutional right to information about company affairs, particularly regarding director conduct, related party transactions, and governance matters. Directors cannot unilaterally deny information on claims of confidentiality or business sensitivity when information is sought by shareholders for governance purposes. Section 91 of the Companies Act (information to members) and shareholder rights to information are fundamental to democratic governance in companies. This landmark principle protects shareholder activism and ensures transparency in corporate management.
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