The Shield Becomes the Sword: Rethinking the Corporate Veil in India
- Gautam Bhatia
- Feb 5
- 1 min read
ABSTRACT:
Most of us are familiar with piercing the corporate veil, lifting the shield to hold individuals accountable for misuse of the corporate form. But what happens when that same shield is used strategically to protect personal assets inside a company?
That’s where reverse piercing of the corporate veil comes in.
In my latest research paper, “The Corporate Veil in Reverse: A Comparative Analysis and a Case for Codified Reform in India,” I examine how courts in jurisdictions like the US and UK have grappled with this doctrine and why Indian law remains hesitant, fragmented, and underdeveloped.
The absence of a clear statutory framework creates a blind spot. Corporate structures can be weaponised to evade liability rather than promote enterprise.
The paper argues for codified reform in India, one that balances the sanctity of separate legal personality with fairness, creditor protection, and accountability. This is not just a theoretical debate. It is about closing a justice gap that modern corporate practice continues to exploit.
Full paper published by Law Foyer's International Journal of Doctrinal Legal Research available at:
Art: "St. Michael Triumphs over the Devil" by Bartolomé Bermejo, 1468.
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