Corporate Social Responsibility (CSR)

Corporate Social Responsibility (CSR)
  • Context:

  • The Supreme Court recently ruled that Corporate Social Responsibility (CSR) inherently includes environmental responsibility.

  • The judgment was delivered in response to petitions highlighting the risks faced by the Great Indian Bustard (a near-extinct bird species) in the Thar desert.

  • Fundamental Duty to Protect Environment:

  • The Court held that companies, as legal persons, have a fundamental duty to protect the ecosystem.

  • Article 51-A(g):

  • The article imposes a duty on every citizen to protect and improve the natural environment and have compassion for living creatures.

  • The Court brought companies under this ambit.

  • Allocation of CSR funds for environmental protection is not a voluntary act of charity but the fulfillment of a constitutional obligation.

  • Polluter Pays Principle:

  • Where corporate activities (like mining or power generation) threaten endangered species, the company must bear the cost of species recovery.

  • Companies Act, 2013:

  • The Act formally introduced the mandate for CSR to the dashboard of the Boards of Indian companies.

  • It applies to companies with a Net Worth of ₹500 crore or more, OR Turnover of ₹1000 crore or more, OR Net Profit of ₹5 crore or more.

  • It mandates spending of at least 2% of the average net profits of the immediately preceding three financial years on CSR activities.

  • Companies must constitute a CSR Committee of the Board consisting of three or more directors, out of which at least one director shall be an independent director.

  • CSR Activities (Schedule VII):

  • Activities include eradicating hunger and poverty, promoting education, gender equality, and ensuring environmental sustainability that includes flora, fauna, animal welfare, agro-forestry, conservation of natural resources.

  • The company can implement its CSR activities through the following methods:

  • Directly on its own

  • Through its own non-profit foundation

  • Through independently registered non-profit organisations that have a record of at least three years in similar such related activities

  • Collaborating or pooling their resources with other companies