ABSTRACT

In the neoliberal era, foreign investment is seen is an important means for domestic growth. The legal framework for such investment is little understood, leading to mis-governance in the area. This chapter is an attempt to fill this gap. Through an analysis of four critical sectors, we find a structural jurisprudence is emerging in Indian context. The judicial views are influenced by the political, social and economic considerations beyond regulatory or legal considerations. The creation of seamless flow between international legislation and domestic legislation is another dimension of this development.