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Title: Mandatory CSR -Can it help Indian firms

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https://doi.org/10.2139/ssrn.3497350

Mandatory CSR – Can it help Indian firms? ABSTRACT Industry and Business play a crucial role in the social and economic development of a nation. It is a creative entrepreneurial process that provides livelihoods for the majority of the world’s people. It has been instrumental in bringing about sustainable development. CSR is an increasingly important part of the business environment and constitutes a complex aspect of the relationship between business and society. It is not just about building schools or providing scholarships, but about doing business that companies do not regard as being an obligation ensuring sustainability of business. It is an extension of efforts to foster strong corporate governance. It is a multi dimensional concept evolved over the years from Corporate Philanthropy to Stakeholder management and Sustainable development. CSR brings positive change inside businesses. It sets the framework and defines the manner in which a business must operate to be able to meet the ethical, legal, commercial and public expectations that a society has of any company. Corporations are now involved in all aspects of public and private life and Corporate Social Responsibility (CSR) has been propelled into the limelight in recent years due to increasing influence and power of corporations. CSR extends beyond the interests of shareholders to the interests and needs of diverse stakeholders. It includes environmental, social, and governance issues’ Law is the codification of basic human values. The goal of CSR is to implement these values in corporations, thus CSR develops and functions in a legal framework that is feasible and has the support of all the stakeholders concerned. Codification helps in defining the purpose and gives clarity. Further it ensures consistency and credibility. There need to be laws, of course, and regulations to force compliance. Compulsory laws and regulations tend to be rigid for controlling self-interest. The very nature of right and power, obligation and responsibility implies that social obligation is inherent in almost every legal right, legal power or actual power. Thus best model for CSR is voluntary compliance with sensible social codes Social responsibility needs to take care of the changes and hence companies need to have choice. CSR require long-term perspective to have any major beneficial impact in society. The perception of the public concerning business is important. Governments need to take the initiative of bringing all the segments in society to discuss CSR to ensure minimum legal standards as well. CSR could exist at three levels:  Compliance in letter of the law;  Observing norms of common morality, like ethics and fair play, in its internal management and dealings; and  A social trusteeship mindset in deploying its resources for sustainable development The main focus of CSR should continue to be a voluntary one while the role of Government needs to be that of a facilitator. They may set the appropriate policy framework with the right mix of tools including fiscal and regulatory measures where appropriate to boost socially and environmentally responsible performance. Regulations need to be well designed and focused if it is the right solution. But CSR should continue to take compliance with legal requirements as the base and go beyond that in the interests of business and the rest of society. Above and beyond this understanding, business firms should move toward a spirit of trust at all times but more in matters that are integral to the existence of the firm such as data privacy. Finally it is also essential to have proper measurement systems to track, control and implement CSR initiatives that are both sustainable as well as beneficial to all stakeholders. This is the first part of the research on the legal aspects of CSR in India before it became mandatory in 2013. The second part will discuss the post 2013 scenario of mandatory CSR. **************

Title: Name of the author: Mailing address: Mandatory CSR – Can it help Indian firms? Dr. R Ramakrishnan J108 S7P Living Spaces, Kamarajar Nagar, Vanagaram-Ambattur Road, Chennai 600095 INDIA E-mail: ramakrish54@gmail.com and consultvivin@gmail.com Phone Mobile: +919952669656 Dr Ramakrishnan Ramachandran, a baby boomer did his PhD in Corporate Social Responsibility and has been associated in founding four B schools in rural Tier 2/3 cities in India. After working in the Government of India in the Cabinet Secretariat and Indian High Commission Seychelles for 22 years, he worked in the manufacturing and IT sector for the next 8 years and has also done consultancy works in the field of Quality for small and medium industries in India. He joined academics on s full time basis in 2005 to pursue his passion – teaching. Author of books ranging from Total Quality management to Environmental Science to Ethics, Ramakrishnan Ramachandran has presented over 30 papers on various management topics. He is continuing his research work on various topics ranging from Mentoring to Marketing as he tries to give shape to the future managers of India. He can be contacted at Cell No. +919952669656 and ramakrish54@gmail.com His current post doctoral research interests are Social Responsibility, Educational Reforms, CRM, TQM, Gender Studies, Financial Inclusion, Development Studies, etc. His research papers can be accessed at SSRN Author page: http://ssrn.com/author=646193 ******************* Mandatory CSR – Can it help Indian firms? ABSTRACT Industry and Business play a crucial role in the social and economic development of a nation. It is a creative entrepreneurial process that provides livelihoods for the majority of the world’s people. It has been instrumental in bringing about sustainable development. CSR is an increasingly important part of the business environment and constitutes a complex aspect of the relationship between business and society. It is not just about building schools or providing scholarships, but about doing business that companies do not regard as being an obligation ensuring sustainability of business. It is an extension of efforts to foster strong corporate governance. It is a multi dimensional concept evolved over the years from Corporate Philanthropy to Stakeholder management and Sustainable development. CSR brings positive change inside businesses. It sets the framework and defines the manner in which a business must operate to be able to meet the ethical, legal, commercial and public expectations that a society has of any company. Corporations are now involved in all aspects of public and private life and Corporate Social Responsibility (CSR) has been propelled into the limelight in recent years due to increasing influence and power of corporations. CSR extends beyond the interests of shareholders to the interests and needs of diverse stakeholders. It includes environmental, social, and governance issues’ Law is the codification of basic human values. The goal of CSR is to implement these values in corporations, thus CSR develops and functions in a legal framework that is feasible and has the support of all the stakeholders concerned. Codification helps in defining the purpose and gives clarity. Further it ensures consistency and credibility. There need to be laws, of course, and regulations to force compliance. Compulsory laws and regulations tend to be rigid for controlling self-interest. The very nature of right and power, obligation and responsibility implies that social obligation is inherent in almost every legal right, legal power or actual power. Thus best model for CSR is voluntary compliance with sensible social codes Social responsibility needs to take care of the changes and hence companies need to have choice. CSR require long-term perspective to have any major beneficial impact in society. The perception of the public concerning business is important. Governments need to take the initiative of bringing all the segments in society to discuss CSR to ensure minimum legal standards as well. CSR could exist at three levels:  Compliance in letter of the law;  Observing norms of common morality, like ethics and fair play, in its internal management and dealings; and  A social trusteeship mindset in deploying its resources for sustainable development The main focus of CSR should continue to be a voluntary one while the role of Government needs to be that of a facilitator. They may set the appropriate policy framework with the right mix of tools including fiscal and regulatory measures where appropriate to boost socially and environmentally responsible performance. Regulations need to be well designed and focused if it is the right solution. But CSR should continue to take compliance with legal requirements as the base and go beyond that in the interests of business and the rest of society. Above and beyond this understanding, business firms should move toward a spirit of trust at all times but more in matters that are integral to the existence of the firm such as data privacy. Finally it is also essential to have proper measurement systems to track, control and implement CSR initiatives that are both sustainable as well as beneficial to all stakeholders. This is the first part of the research on the legal aspects of CSR in India before it became mandatory in 2013. The second part will discuss the post 2013 scenario of mandatory CSR. ************** CSR – Should it be Voluntary or Mandatory? Businesses play a pivotal role in job and wealth creation in society and exist by the sanction of the community as a whole like any other part of society. It is expected to create wealth, supply market, and generate employment. It produces sufficient surplus to sustain its activities and improve its competitiveness and contribute to the maintenance of the community. The business sector is one of the most important agents of development and change. They provide 90 percent of jobs, goods and services and are the main source of tax revenues for the governments all over the world. Business is a core human activity is at its best when it has clear goals and practical targets. It balances the economic, social and environmental issues over the short and longer-term. The products and consequences of business are essentially more social than economic. Industry and Business play a crucial role in the social and economic development of a nation as it provides livelihoods for the majority of the world’s people and instrumental in bringing about sustainable development. Businesses affect our lives, either directly or indirectly, there is a need for them to accept responsibility for their own behavior and the consequences of that behavior. The essential conditions for business are:  Good governance;  A steady direction of policy;  Investment in infrastructure;  A competitive market environment supported by appropriate competition policy regimes;  A transparent and effective regulatory framework;  Zero tolerance of corruption. Corporate Social Responsibility (CSR) is a concept that has attracted worldwide attention to run organizations profitably, yet in a social and environmentally responsible way, to achieve stakeholder satisfaction and business sustainability. Business adds value to the economy through the efficient delivery of goods and services. Social and environmental concerns are related to business through the marketplace and governmental regulation CSR is an increasingly important part of the business environment and constitutes a complex aspect of the relationship between business and society. It is not just about building schools or providing scholarships, but about doing business that companies do not regard as being an obligation ensuring sustainability of business. It is an extension of efforts to foster strong corporate governance. It is a multi dimensional concept evolved over the years from Corporate Philanthropy to Stakeholder management and Sustainable development. CSR brings positive change inside businesses. It defines the manner in which a business must operate to be able to meet the ethical, legal, commercial and public expectations that a society has of any company. CSR is often defined as a commitment to a set of values that recognize the role of business in building a better society. The World Business Council for Sustainable Development (WBCSD) (2002)1 defines corporate social responsibility as “the commitment of business to contribute to sustainable economic development, working with employees, their families, the local community and society at large to improve their quality of life.” Bowen (1953)2 considered as the father of Corporate social responsibility refers to Social responsibility as the obligation “to pursue those policies, to make those decisions, or to follow those lines of action which are desirable in terms of the objectives and values of our society” Social Responsibility has become Corporate Social Responsibility over time. But many use “Stakeholder Management”, “Corporate Citizenship”, (Corporate) Sustainability”, “Corporate Environmental Management”, “Public Responsibility” and “Corporate Social Performance” instead (Matten & Moon, (2004)3 . Elkington (1997)4 introduced Triple Bottom Line concept of People, Planet and Profit that focuses on three issues, social responsibility, environmental responsibility and economic responsibility respectively Carroll (1979)5, proposed a popular four-part definition of CSR suggesting that corporations have four responsibilities of Economic, Legal, Ethical and Philanthropic as the 1 World Council for Sustainable Development (WBCSD) (2002). Corporate Social Responsibility: The WBCSD’s journey https://www.globalhand.org/en/browse/csr/resource/document/27942 2 Bowen, H. R. (1953). Social Responsibilities of the Businessman Harper & Row. New York. 3 Crane, A., & Matten, D. (2004). Business ethics: A European perspective: Managing corporate citizenship and sustainability in the age of globalization. Oxford: Oxford University Press. 4 Elkington, J., & Rowlands, I. H. (1999). Cannibals with forks: the triple bottom line of 21st century business. Alternatives Journal, 25(4), 42. “four faces” that corporate need to have to become good corporate citizens. Blowfield and Frynas (2005)6 and Valor (2005)7 identify CSR as an umbrella concept. Sivakumar (1995)8 in his doctoral thesis on values-based management identified the contributions made by various researchers and eminent personalities to the importance and relevance of ancient Indian texts to recent times. He further highlighted the Indian scriptures dealing with the administration of kingdoms describe the policies that should be developed by the king and the government machinery in order to promote the welfare of the citizens like the Manusmriti, Shanti Parva and Arthashastra that provide illustrations regarding the various stakeholder policies that can be developed. Stakeholder policies define the nature of the relationship an organization develops with its stakeholders Kumar et al. (2001)9 presents an “ethical model” of CSR Gandhi’s theory of trusteeship with a voluntary commitment by companies to public welfare. Gandhiji called for social justice and alleviation of suffering but was against forced redistribution of wealth by coercing. He taught the wealthy to be trustees of their wealth, using only what was necessary for their own use and distributing their surplus for the benefit of society (Renold1994)10 Corporations had their origins as a means of managing colonial trade at the end of the sixteenth century. Their legal form slowly changed as they were given more freedom to choose their own activities over the centuries. Creating a corporation means establishing a legal identity, distinct from the people who run it, having some civil and legal rights. Corporations are now involved in all aspects of public and private life and CSR has been propelled into the limelight in recent years due to increasing influence and power of corporations. CSR extends beyond the interests of shareholders to the interests and needs of diverse stakeholders. It includes environmental, social, and governance issues 5 Carroll, A. B. (2000). The Four Faces of Corporate Citizenship In: RICHARDSON, JE. Business Ethics. Guilford: Dushkin/McGraw-Hill, 198203. 6 Blowfield, Michael and Jedrzej George Frynas (2005): "Setting new agendas: critical perspectives on Corporate Social Responsibility in the developing world”. International Affairs, Vol: 81, No: 3, pp: 499-513. 7 Valor, Carmen (2005); "Corporate Social Responsibility and Corporate Citizenship: Towards Corporate Accountability”, Business and Society Review, Vol: 110, No: 2, pp: 191-212. 8 Sivakumar, N. (1995). Value based management–Historical roots and current practices. Unpublished PhD. thesis, Sri Sathya Sai Institute of Higher Learning,(Deemed to be University), Prasanthi Nilayam, Andhra Pradesh. 9 Kumar, R., Murphy, D., & Balsari, V. (2001). ‘Altered images: the 2001 state of corporate responsibility in India. In Business-Social Partnership: Beyond Philanthropy Conference, Indian Institute of Management, Calcutta, India, December. 10 Renold, L. M. (1994). Gandhi: Patron saint of the industrialist. Almost every activity of any business creates a positive or negative social consequence though the consequences may vary by location and other factors in the community they operate. Organizations need to inspire their stakeholders, develop relationships, and create communities where everyone strives to give their best to deliver the value the firm promises. The identity of an organization goes beyond the logo, the brand and the value proposition that the organization develops. It delves deeper to include the way the company interacts with the outside world, and within itself. CSR must be considered as an area where negligence may very well result in losses of a considerable size for the involved company. Law is the codification of basic human values. CSR develops and functions in a legal framework that is feasible and has the support of all the stakeholders concerned to implement them. Codification helps in defining the purpose and gives clarity and ensures consistency and credibility. In order to find out the status of codification of values by the Indian Corporates, an empirical study was carried out in Tamilnadu in India in which 389 respondents were asked to give their opinion whether Indian Corporates define value code in terms of Yes, No, Some time , Don’t know and Not applicable about the same. It was found that the largest number of respondents (42.42%) were of the opinion that the organizations referred by them do not define value codes. Only 25.71% defined them while 22.11% defined them sometime. 6.68 % of the respondents were not aware while another 3.08% felt it was not applicable. This indicates that there is urgent need for Indian Corporates to define their value codes It is important that organizations are committed to fulfilling expectations and moral obligations at the level of society. They need to be transparent and ensure honesty and integrity in their dealing in all their contracts, dealings, advertisements about their products/ services, with all their stakeholders. Similarly there need to be transparency about the obligations of the Corporates after sales of their products or services. An effective feedback system would ensure that these things are being followed A policy of disclosure by the Corporates about their activities with regard to CSR would give all the stakeholders the relevant information and would help them to make their decisions with regard to investment, taking job, associate with them for business or purchasing their products or services. The opinion about the perception of the respondents about the transparency Indian Corporates is given in table 1 above. Table 1 Transparency of the Indian Corporates Particulars Honesty integrity in all dealings Clear and accurate information Products Services After sales obligations Clarity Effective feedback Register and Resolve Complaints Disclosure Freq & % Freq % Freq % Freq % Freq % Freq % Freq % Legal Issues Yes No In part Don't know 69 17.74 74 19.02 52 13.37 92 23.65 64 16.45 33 8.48 109 28.02 83 21.34 97 24.94 81 20.82 152 39.07 283 72.75 191 49.1 187 48.07 218 56.04 174 44.73 116 29.82 53 13.62 11 2.83 37 9.51 15 3.86 30 7.71 27 6.94 18 4.63 Not applicabl e 9 2.31 8 2.06 37 9.51 12 3.08 30 7.71 2 0.51 Total 389 100 389 100 389 100 389 100 389 100 389 100 Source: Primary Data It can be seen that only 17.74% felt Indian Corporates showing honesty and integrity in all their dealings. Only 19.02% gave a positive response to supply of accurate information in labeling of product and services. The figure in the case of supplying clear and accurate information about their sales obligation came still less (Only 13.37%). Only 23.65% were sure of Indian Corporates having a system to ensure effective feedback. 39.07% felt that there is no policy of registering and resolution of complaints, while a whopping 72.75% are of the opinion that the Indian Corporates do not have a policy of disclosure at all. Laws establish coherent, enforceable “ground rules” on which to build civil society. They are usually and sensibly long in the drafting and they typically have a long “shelf-life”, in spite of changing circumstances making them rather blunt instruments at times. They need to be supplemented by a range of other measures that allow timely and effective responses to particular conditions and changing circumstances. CSR could exist at three levels:  Compliance in letter of the law;  Observing norms of common morality, like ethics and fair play, in its internal management and dealings; and  A social trusteeship mindset in deploying its resources for sustainable development There has been an increasing Regulatory pressure ranging from reporting requirements to compulsory business standards upon which companies of all sizes have to abide But Government regulation cannot guarantee at all times that the way business is conducted is perceived as ‘fair’ or ‘just’ by society. The public is watchful now more than ever before on what firms are saying about their corporate social responsibility and what they are doing in practice. In order to understand the compliance of legal rules and regulations by the Indian Corporates, respondents were asked to indicate their opinion about the compliance of five of the major legal issues by the organizations referred by them. The results are given in the table 2 below Table 2 Compliance of Legal Rules and Regulations Labour Pollution control Advertising Anti-corruption Paying Tax Freq & % Freq % Freq % Freq % Freq % Freq % Yes No 124 31.88 62 15.94 148 38.05 81 20.82 54 13.88 183 47.04 169 43.44 102 26.22 144 37.02 151 38.82 Legal Issues In Don't part know 62 2 15.94 0.51 104 24 26.74 6.17 64 39 16.45 10.03 88 50 22.62 12.85 106 54 27.25 13.88 Not applicable 18 4.63 30 7.71 36 9.25 26 6.68 24 6.17 Total 389 100 389 100 389 100 389 100 389 100 Source: Primary data It can be inferred from the above table that most of the Indian Corporates are not complying with the legal rules and regulations. It is important to consider simultaneously competition reform and regulation with improvements in the efficiency of the legal system. The importance of the efficiency of the legal protection depends on the trade-offs related to the delegating part of authority to specific regulatory agencies and relying on a laissez-faire approach backed by the general court system. Hypothesis; Voluntary nature of CSR will be more successful than legal enforcements Law enforcement must be credible for the laws on the books to affect the CSR environment. But law and reliable enforcement by the legal institutions cannot be taken for granted. The effectiveness of the new laws depends on voluntary compliance, the effectiveness of the legal institutions that charged with enforcing the law, and legal intermediaries who understand their meaning and relevance for practical cases. History, culture, and norms are an important determinant for the effectiveness of legal institutions. Legal reforms cannot succeed without social support. Legal protection will be ignored when it is inconsistent with social norms. Laws cannot have a significant impact without the appropriate political structure and allocation of judicial authority. Formal rules and regulations increase the effectiveness of informal constraints. Law is enforced by power. On the contrary, social norms stem from culture, custom and religion. Government may emphasize certain mainstream values in society and educate people, but they cannot enforce those values through power. In general, codes of conduct should:  Be applied at every level of the organization;  Be based on the UN Norms of Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights;  Be included in training for local management, workers and communities on implementation;  Have emphasis on gradual improvements to standards, and to the code itself; Each company should make its own code adapted to its specific environment and resources, to ensure acceptance and compliance with it. This code of conduct can take the form of a manual governing the day to day business of the company Within the general CSR literature, the issue of how companies are regulated is an important part of the context in understanding why and how they become involved in CSR in the first place. CSR should be voluntary as  CSR is not law but laws are often inadequate. CSR attempts to fill in the gaps  If regulatory, it will be just another trade body to lobby for concession  Due to the difficulties to legislate across different industries and countries  Regulations also do not equal commitment to social responsibility as regulations are responsive rather than progressive  Can only set minimum level of responsibility and business truly committed to sustainable business do not rely on regulators to define programmes  Who should develop and enforce regulations which may lead to corruption and competitive disadvantages between MNCs and SMEs Self-regulatory initiatives offer a means to control corporate behavior across borders as they are not tied to any particular political system or territory. They can be applied depending on the scope of the initiative and the will of the corporation in implementation in a variety of locations within corporations, industries or sectors, On the other hand it need to regulatory as:  Regulations are needed to make corporations responsible and accountable  Most Multinationals are only after profit and not bothered about environment”  Governments must regulate or risk losing big consumer market in developed countries While practicing CSR, a corporate needs to regulate  The method employed to achieve the desired profit,  The utilization effect of the profit earned as determined,  How public commitments are effectively disposed of as pre-planned with targeted profit Most people expects business to protect the physical environment and the health and safety of all those who are exposed to dangerous technologies or substances. They will always have concern for corporate power, corporate compliance, corporate activities and corporate disclosures of information. Hence clear legal instruments are badly needed to properly regulate CSR programs Governments should pass and implement laws by identifying the costs that cannot be externalized to the benefits of society. For example, child labor reduces labor costs for the corporation but the cost charged to the well being of the individual and thus to the well being of society. Thus, it should be controlled and prohibited. Government should provide strong support and not control cooperative development in the informal sector particularly in rural areas in support of CSR. Talking of law in the Indian Context, it has been found that it was not very effective in many cases as under  India is a vast country and due to its distinct social and cultural factors. There is more number of illiterate people and they are unable to understand the laws and follow them as the language of the Law is unfortunately, most of time, not understandable by literate.  Due to the diversity in every aspect, it is not practically possible to draft laws for each and every aspect of life  There are laws regarding improving the position of the backward castes and tribes in the Indian constitution and it had been enforced by way of reservations for the last 70 years. In spite of the same, the improvement has been marginal. Because the mindset of the people have not really changed.  There are innumerable laws regarding corporate governance in India and there are statutory bodies to implement them. In spite of the same the Satyam Scandal could take place, which clearly shows that laws are not a guarantee. We have seen already in the earlier part that many organizations are not complying with the rules and regulations.  On the other hand Some companies like TATA have set their own standards that have gone to the extent of not dealing with those companies which did not measure up to their social responsibility standards. What TATA has done to Jamshedpur (also called “TATA Nagar”) via CSR is perhaps the most convincing example of how the lives of lakhs changed not only in the city but also in areas surrounding it The hypothesis was tested empirically by getting the opinion from the respondents about the compliance of rules and regulations in respect of Labour, Pollution Control, Advertising, Anti-corruption & Bribing and Paying Tax, if they were made voluntary. The results are given in the table 3 below Table 3 Opinion of the Respondents about the Compliance of rules and regulations by Organizations if made Voluntary Compliance if made Voluntary Frequency Percent Cumulative Percent 264 67.87 Yes 67.87 42 10.80 78.66 No 55 92.80 In Part 14.14 21 5.40 98.20 Don’t know 7 1.80 100.00 Not applicable 389 100.0 Total Source: Primary Data From the table it can be inferred that Majority of the of the respondents (67.87%) will comply with all the rules and regulations in respect of Labour, Pollution Control, Advertising, Anti-corruption & Bribing and Paying Tax. The effect on compliance of rules if made voluntary was tested using t test, which is given in the table 4 below. Table 4 Change in the Compliance of Rules and regulations by organizations if made voluntary – t test Compliance if made Voluntary Pair 1 Pair 2 Pair 3 Pair 4 Pair 5 Rules reg Labour Rules reg Pollution Rules reg Advertising Anti corruption Paying Tax Paired Samples Test Paired Differences Std. Std. Mean Error Deviation Mean 95% Confidence Interval of the Difference Lower Upper t df p .365 1.423 .072 .223 .507 5.058 388 .000 .838 1.420 .072 .696 .980 11.637 388 .000 .638 1.661 .084 .472 .803 7.572 .851 1.450 .073 .706 .995 11.577 388 .000 .972 1.376 .070 .835 1.109 13.928 388 .000 388 .000 Source: Primary Data Since the p values for the compliance of rules and regulations in respect of Labour, Pollution Control, Advertising, Anti-corruption & Bribing and Paying Tax if made voluntary are less that 0.05 it can be inferred that there is change in the compliance of rules and regulations if made voluntary. From the above table it is clear that compliance of rules and regulations are likely to be better if made voluntary. Hence it is better to make the Corporates to adhere to have self discipline. Hence the hypothesis Voluntary nature of CSR will be more successful than legal enforcements is accepted. Social responsibility needs to take care of the changes and hence companies need to have choice. CSR require long-term perspective to have any major beneficial impact in society. The perception of the public concerning business is important.. Governments need to take the initiative of bringing all the segments in society to discuss CSR to ensure minimum legal standards as well. There need to be laws, of course, and regulations to force compliance. Compulsory laws and regulations tend to be rigid for controlling self-interest. There is no legal right, legal power or actual power without social obligation. Thus best model for CSR is voluntary compliance with sensible social codes Above and beyond this understanding, business firms should move toward a spirit of trust at all times but more in matters that are integral to the existence of the firm such as data privacy. The main focus of CSR should continue to be a voluntary one while the role of Government needs to be that of a facilitator. They may set the appropriate policy framework with the right mix of tools including fiscal and regulatory measures where appropriate to boost socially and environmentally responsible performance. Regulations need to be well designed and focused if it is the right solution. But CSR should continue to take compliance with legal requirements as the base and go beyond that in the interests of business and the rest of society. Finally it is also essential to have proper measurement systems to track, control and implement CSR initiatives that are both sustainable as well as beneficial to all stakeholders. This is the first part of the research on the legal aspects of CSR in India before it became mandatory in 2013. The second part will discuss the post 2013 scenario of mandatory CSR. ********** REFERENCE Blowfield, Michael and Jedrzej George Frynas (2005): "Setting new agendas: critical perspectives on Corporate Social Responsibility in the developing world”. International Affairs, Vol: 81, No: 3, pp: 499-513. Bowen, H. R. (1953). Social Responsibilities of the Businessman Harper & Row. New York. Carroll, A. B. (2000). The Four Faces of Corporate Citizenship In: RICHARDSON, JE. Business Ethics. Guilford: Dushkin/McGraw-Hill, 198-203. Crane, A., & Matten, D. (2004). Business ethics: A European perspective: Managing corporate citizenship and sustainability in the age of globalization. Oxford: Oxford University Press. Elkington, J., & Rowlands, I. H. (1999). Cannibals with forks: the triple bottom line of 21st century business. Alternatives Journal, 25(4), 42. Kumar, R., Murphy, D., & Balsari, V. (2001). ‘Altered images: the 2001 state of corporate responsibility in India. In Business-Social Partnership: Beyond Philanthropy Conference, Indian Institute of Management, Calcutta, India, December. Ramachandran, R. (2015). Do Companies Benefit by CSR. Journal of Research and Development, 3, 125. Ramakrishnan, R. (2017). Do Shareholders Come First? Available at SSRN 3025922. Ramakrishnan, R. (2011, August). Stakeholder Management–A Critical Study on the Opportunities and Challenges from India. In 23rd AIMS Annual Management Education Convention (pp. 26-27). Ramakrishnan, R. (2017). Contribution Perspective. Available at SSRN 3059833. of CSR Towards Development-The Indian Renold, L. M. (1994). Gandhi: Patron saint of the industrialist. Sivakumar, N. (1995). Value based management–Historical roots and current practices. Unpublished PhD. thesis, Sri Sathya Sai Institute of Higher Learning, (Deemed to be University), Prasanthi Nilayam, Andhra Pradesh. Valor, Carmen (2005); "Corporate Social Responsibility and Corporate Citizenship: Towards Corporate Accountability”, Business and Society Review, Vol: 110, No: 2, pp: 191-212. World Council for Sustainable Development (WBCSD) (2002). Corporate Social Responsibility: The WBCSD’s journey https://www.globalhand.org/en/browse/csr/resource/document/27942 ******** ********