Senior Advocate Arvind Datar has highlighted the need for greater regulatory certainty, predictable legal frameworks and measurable improvements in the ease of doing business, observing that uncertainty in laws and policy decisions can adversely affect investor confidence and India’s ambition of becoming a developed nation by 2047.
Speaking at the event “Shaping the Legal Architecture of Viksit Bharat: The Supreme Court and India @ 2047”, Datar emphasised that India’s approach to improving the ease of doing business must extend beyond facilitating the setting up of businesses to addressing the challenges faced throughout their lifecycle.
He suggested identifying specific indicators across three stages starting a business, running a business and closing a business and developing measurable benchmarks to assess performance. He also suggested that States could have their own indices to evaluate their respective business environments and identify areas requiring improvement.
Datar observed that while India has made progress in improving the ease of starting a business, the challenges associated with operating businesses and dealing with regulatory uncertainty require greater attention.
Highlighting legal uncertainty as a major concern for investors, Arvind Datar referred to instances where changes in legal interpretations or judicial decisions can disrupt long-term commercial planning. He pointed to the difficulties businesses may face when they have planned investments and structured their operations around an existing legal framework, only to encounter a sudden change in the legal position.
He emphasised that businesses require predictability and stability in the legal environment, particularly in sectors involving long-term investments and substantial capital commitments.
Arvind Datar also referred to the importance of examining the regulatory environment from the perspective of businesses and investors, rather than focusing solely on the ease of incorporating or registering a company. He observed that the ability to operate without unpredictable regulatory or legal disruptions is equally important to building investor confidence.
The address was delivered during the discussion on “Shaping the Legal Architecture of Viksit Bharat: The Supreme Court and India @ 2047”, held on November 5, 2026, at the University of Chicago Center in Delhi.
The panel featured Justice Prathiba M. Singh, Judge, Delhi High Court; Justice V. Mohana, Judge, Supreme Court of India; Solicitor General Tushar Mehta; Senior Advocate Arvind Datar; and Deepak Bagla, Mission Director, Atal Innovation Mission, NITI Aayog. The discussion was moderated by Dr. Sanjeev Gemawat, Managing Director and Group General Counsel, Essar Group.