← All questionsGS3 · 2013 · Indian Economy ·CSR and Companies Act 2013
QUESTION 1
GS3
10 marks

With a consideration towards the strategy of inclusive growth, the new Companies Bill, 2013 has indirectly made CSR a mandatory obligation. Discuss challenges expected in its implementation in right earnest. Also discuss other provisions in the Bill and their implications.

WRITE IN
7 min
200 words

What the examiner wants

Discuss implementation challenges of mandatory CSR under the Companies Act 2013 and its other key provisions.

DiscussExplain the different sides of the issue, use evidence, and finish with a balanced view.

Demand-wise check

  1. 1CSR (Section 135): companies with net worth of ₹500 crore, turnover of ₹1,000 crore or net profit of ₹5 crore spend 2% of average net profit on Schedule VII activities≈35 words
  2. 2Challenges: 'comply or explain' weak at first, spending concentrated near plants and rich states, few capable NGOs, window dressing, monitoring gaps≈35 words
  3. 3Other provisions: one-person company, at least one woman director, one-third independent directors, auditor rotation, class action suits, statutory SFIO, NCLT≈35 words
  4. 4Implications: better governance and investor protection, but higher compliance cost≈35 words

Open in about 30 words and close in about 30.

Answer plan

Inclusive growth logicCSR clauseImplementation challengesOther provisionsImplicationsLater amendments

Where marks usually go

  • Covering only CSR and skipping the 'other provisions' part
  • Wrong thresholds for CSR applicability

Draw this

  • Table: provision, purpose, implication

Value addition

  • LawCompanies (Amendment) Act 2019 made unspent CSR money transferable to a Schedule VII fund or an Unspent CSR Account, ending pure 'comply or explain'.Companies (Amendment) Act, 2019
  • LawSection 245 introduced class action suits for shareholders and depositors.Companies Act, 2013

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