Abstract
Abstract
Purpose: Companies Act, 2013, has brought a revolution in the regime of corporate social responsibility (CSR) disclosure in India, making it a mandatory practice for the corporate sector. The purpose of this article is to examine the impact of statutory provisions on the extent of CSR disclosure in India.
Design/methodology/approach: This article considers an effective sample of 144 companies selected on the basis of average market capitalisation. The study relates to the year 2015–2016, which represents the time period when companies started reporting CSR issues mandatorily. CSR disclosure scores are calculated by using content analysis. Both univariate and multiple regression models are applied to check the effect of statutory provisions on CSR disclosure.
Findings: The results indicate that variables namely NETWORTH, TURNOVER and DOMESTIC dummy have positive and statistically significant impact on CSR disclosure scores. However, TOBINSQ, representing profitability of companies, has negative and statistically significant impact on CSR disclosure scores, thus leading to anxious results.
Research limitations/implications: Factors affecting CSR disclosure score have been selected on the basis of new statutory provisions introduced by the Ministry of Corporate Affairs. Certain other vital attributes, especially related to corporate governance variables, too can be controlled for so that results have strong implications for companies.
Practical implications: The empirical findings of this article implicate that institutional setup of a country has a strong bearing on the disclosure practices of the corporate sector. Thus, the authors strongly recommend to the statutory bodies that it is not sufficient just to make statutes but their implementation too should be ensured.
Originality/value: With specific reference to India, mandating CSR disclosure is a recent law; so, the current study being first of its kind, would definitely add to the available literature and open gateways for future research.
Introduction
Researchers have highlighted many motivating factors affecting corporate social responsibility (CSR) reporting as size, age, profitability, liquidity, nationality, market share, etc. Their identification of these factors is quite overlapping and similar. The same is endorsed by many theories on CSR reporting as well. Shareholders’ theory believes the owners of capital as the major force behind CSR reporting (Friedman, 1970). The theory even leads to manipulation of accounts, in order to window dress the financial statements in the eyes of the shareholders, as long as it remains within the legal and ethical limits. Since shareholders’ theory is criticised for being too narrow in its approach, stakeholder theory prevails. It primarily considers pressure from stakeholders, namely employees, customers, NGOs, government, media, environmentalists, etc., as the motivating force behind CSR disclosure (Freeman, 1984). Lately, agency theory also purports that directors being the agents of shareholders hold a primary duty of acting in their interest. Hence, in order to fulfil their obligations, they are motivated to share CSR information. Perhaps agency theory forms the basis of many recent studies that take corporate governance variables as the attributes affecting CSR disclosure.
The nature and extent of CSR disclosure is country specific (Chapple & Moon, 2005; Dawkins & Ngunjiri, 2008; Fifka & Pobizhan, 2014). It has been witnessed in the past research that developed countries address social issues more vigorously as compared to the developing countries. Developed countries have witnessed high disclosure percentage dating back even four decades ago as suggested by studies done by Abbott and Monsen (1979) and Trotman (1979). Abbott and Monsen (1979) reported disclosure extent of 86 per cent in the sample of Fortune 500 firms. Trotman (1979) found 69 per cent disclosure percentage in Australia. Likewise, Guthrie and Parker (1990) reported disclosure percentage of as high as 98 per cent in the USA, 85 per cent in the UK and 56 per cent in Australia. Hackston and Milne (1996) revealed that in New Zealand, a good percentage of companies (83%) disclose social responsibility information. Similarly, Fukukawa and Moon (2004) found that 90 per cent of companies in Japan present CSR report. Birth, Illia, Lurati, and Zamparini (2008) found disclosures to the extent of 72 per cent with respect to Switzerland. Lungu, Caraiani, and Dascălu (2011) reported increasing trend in the quantum of social disclosure in Europe over a 3-year period 2007–2009. In contrast, developing countries pay relatively less attention in addressing social issues. The studies undertaken in developing countries reveal comparatively a lower incidence of CSR disclosure. Savage (1994) found CSR disclosure percentage of 50 per cent with respect to South Africa. Tsang (1998) reported CSR disclosure of just 52 per cent among companies in Singapore. Belal (2001) found CSR disclosure of 44 per cent only in Bangladesh. Similarly, Chaudhri and Wang (2007) showed that out of a total of 100 companies, the number of companies providing CSR information on their respective websites was quite low (30). Khan, Halabi and Samy (2009) reported that 75 per cent of companies in Bangladesh had not even devoted half a page to social responsibility activities. Bhatia and Chander (2014) found disclosure extent of just 31 per cent with respect to India.
Developing countries are largely relation-based countries. The countries that are more relation based in contrast to rule based do not report extensively on CSR issues (Lattemann, Fetscherin, Alon, Li, & Schneider, 2009). In relation-based society, laws are not transparent, and courts are under political influence. State controls the functioning of mass media, which restricts free dissemination of information. The accounting standards are weak. In addition, governments in relation-based economies are also less concerned with CSR issues due to the absence of adequate checks and balances in the legal system (Sen, 1999). Hence, such institutional framework provides little incentive to firms in developing countries to behave socially responsible and enhance disclosures. Consequently, voluntary disclosures usually take a back seat in such countries. Topics focusing on societal issues are less favoured ones on the agendas discussed in the corporate boardrooms in these countries. Actually, these countries are governed by statutory controls with less professional outlook (Gray, 1988). It is only when a guideline is made a law that it is respected and adhered to.
Perhaps because of such an environment prevailing in the country, a significant endeavour has recently been witnessed in one of the most prominent emerging countries—India. Since 1 April 2014, reporting of social responsibility information has been made mandatory in India by the Ministry of Corporate Affairs. Hence, the factors affecting CSR disclosure have turned towards those mentioned by the Ministry of Corporate Affairs, thus endorsing the Institutional Theory of disclosure. The companies operating in particular institutional environments are subject to regulative forces that shape the development of CSR. The regulative forces refer to organisation engagement into CSR practices as a result of enforcement of rules and regulations. The organisations are bound to confirm to social values set out by multitude of social actors such as NGOs, media, institutional investors, educational and other professional institutions to legitimise their business practices. These social actors exercise pressure on firms to adopt certain structures and practices that are deemed to be socially responsible (Campbell, 2007; Doh & Guay, 2006; Matten & Moon, 2008). Matten and Moon (2008) stated that understanding and adoption of CSR practices differ across countries since it has been shaped by country’s institutional frameworks. Therefore, companies’ engagement in CSR practices is contingent upon institutional environment of the country in which it operates. Numerous recent studies have examined and provide support for different institutional dynamics as a reason for variation in CSR practices in different country settings (Bashtovaya, 2014; Matten & Moon, 2008; Muthuri & Gilbert, 2011). Since 1 April 2014, the institutional forces have become dominating factors, leading to CSR disclosure in India, as, from this date, CSR disclosure has taken a mandatory shape with companies in India, and due to such institutional backup, companies are not left with much choice but to follow CSR practices.
Corporate Social Responsibility and Companies Act, 2013
In India, CSR has been practised through informal and morally defined norms in the past rather than through proper contracts. But the concept of CSR should be flexible, open ended and changed from time to time whenever the concept or the circumstances undergo a change (Ince, 1998). Thus, when it was seen that in spite of endless legal warnings and proceedings against the Indian firms, the issue of corporate social responsibility was not being prioritised in the companies’ boardrooms, the New Companies Act, 2013 (CSR provisions U/s 135 of the Act), brought about a revolutionary change in the implementation of CSR activities by the Indian corporate sector. From the voluntary regime, CSR reporting has transited to a mandatory regime. Henceforth, India became the first country to mandate spends on CSR activities through statutory provisions. Earlier, many Indian corporate houses were engaged in doing CSR activities voluntarily, but the new CSR provisions have put formal and greater responsibility on companies to set out clear framework and process to ensure strict compliance.
As per Companies Act, 2013, companies with a net worth of ₹5 billion or more, a turnover of ₹ 10 billion or more, and a net profit of Rs 500 million or more during any financial year has to compulsorily spend at least 2 per cent of average net profits (net profits before tax calculated as per section 198 of the Indian Companies Act, 1956 but exclude the profits from businesses outside India) of preceding three financial years in CSR activities. Though the threshold limit of net worth and turnover has been kept high, the threshold limit of profits will bring majority of Indian companies under the CSR net. The qualifying company has to form a CSR committee of board members consisting of three or more directors out of which one should be an independent director. It will formulate a CSR policy, recommend the amount of expenditure to be incurred on CSR activities and monitor the CSR policy from time to time. The companies are to spend the CSR amount on the development of local areas and around where it operates. The amount to be spent on the CSR activities will not be used exclusively for the benefits of employees and their family members. Further, the CSR policy is to be disclosed by the qualifying company in the Director’s report and on its website. Baseline surveys, social impact assessment and meticulous evaluation, including documentation, are mandatory along with training and r-orientation of the staff. The CSR amount unused in a particular year will be carried forward to the following year. CSR budget itself hence is non-lapsable. With regard to failure to spend the requisite amount, the Act states that the company shall have to provide sufficient reasons for not spending the allocated CSR budget. While no specific penalties are contemplated in the Act with respect to CSR, Section 450 and Section 451 provide for general penalties for flouting the rules and repeat offences. This amendment brought in by the Companies Act is a milestone for Indian companies.
Redefining Carroll’s Approach of Corporate Social Responsibilities
Carroll (1991) organised different CSRs as a four-layered model and called it the pyramid of responsibilities. The four different responsibilities—economic, legal, ethical and philanthropic—are the layers of the pyramid. Economic responsibilities are the ones which a business ‘must do’ and require that the business should be profitable. It should be able to utilise the resources of the society in the most optimum manner. Legal responsibilities are the ones that the business ‘has to do’ and require that business should obey the law. Ethical responsibilities are the ones that a business ‘should do’. These are not required but expected by the society. These go beyond the minimum legal requirements. Philanthropic responsibilities are at the top of the pyramid. These are the ones that the business ‘might do’ for the society. Philanthropy is discretionary in nature. Society expects business to be a good corporate citizen and improve the quality of life for the society. It should practise social responsibilities voluntarily for the support of the community, eradication of hunger and poverty, education of the masses, etc. The Carroll’s Approach of CSR is presented in Figure 1.
A minute analysis of Carroll’s CSR Approach suggests that true CSR begins after the fulfilment of legal responsibilities, that is, to be profitable and legal is not a choice. Companies have to show economic competence and abide by the law. First two layers are the minimum required by the companies. However, companies cannot be forced to perform ethical and philanthropic responsibilities—it is a choice. But in India, the Companies Act, 2013, has brought CSR activities entirely under the legal statutes with the incorporation of Section 135 of Schedule VII of the Act. The discretion to practise CSR has been withdrawn, and it is no longer a choice. It is now a law. The corporate scams and irresponsibility prevailing in the past has mandated the economically viable companies of India to practise CSR as a legal provision. CSR was considered beyond the minimum legal requirement, but the revision in Companies Act, 2013, has coaxed companies to follow CSR as the minimum legal requirement. When professionalism fails, statutory controls supersede (Gray, 1988). Thus, the new mandatory provisions with respect to corporate social responsibility seem to have revised the Carroll’s approach of CSR. The same is shown in Figure 2.


Thus, the motivating factors are perhaps the preliminaries of turnover, net worth and profitability yardstick given under the Act (Section 135, Companies Act, 2013). Those companies that would satisfy any of these three minimum criteria have to compulsorily follow CSR disclosure. Philanthropy is no longer discretion for these companies. In the light of the same, the present paper evaluates if these preliminaries are really the motivating forces behind more CSR disclosure or some other factors are also significant in influencing the reporting of social issues in India.
Review of Literature
There is multiplicity of factors that lead to diverse practices of discharging social responsibilities in the corporate sector. A synoptic view of studies explaining the relation of various variables with social responsibility is given in Table 1.
The review of literature suggests that multiple factors varying across countries influence CSR disclosure. These factors have been chosen voluntarily by researchers as per CSR practices prevailing in their respective countries, to the best of their knowledge and the literature available. Researchers in India too have taken up similar factors as evident from review of Indian studies. But now CSR disclosure has been made mandatory in India for companies that are profitable; have high net worth; and high turnover. In the light of this major change, it becomes imperative to see if these factors are significant in affecting CSR disclosure in India. Thus, the main aim of the article is to examine the impact of statutory provisions on CSR disclosure. Since this is a recent law, the current study, being first of its kind, would definitely add to the available literature and open gateways for future research.
Synoptic View of Review of Literature on Factors Affecting CSR Disclosure
Database and Research Methodology
Top BT 200 companies ranked by average market capitalisation in 2015–2016 represent the universe of the study. However, companies that did not report CSR information or did not follow financial year of reporting were left out because uniformity in time is quite vital for generalisation of results. Thus, as a result of the above filters, an effective sample of 144 companies was achieved.
The study relates to the year 2015–2016, which represents the time period when companies started reporting CSR issues mandatorily, as desired under the legal provisions of Section 135 of the Companies Act 2013. The financial year 2014–2015 has been dropped from the purview of this study as it is expected to be taken as an orientation period when most of the companies would be preparing for the application of mandatory parameters. It is assumed that companies would completely adapt to the new provisions by 2015–2016.
Data on independent variables are extracted from the database, ACE-equity. Annual reports of companies too have been used where the information was not available in the database. In order to calculate the CSR disclosure score, annual reports have been assessed using content analysis.
Both univariate and multiple regression models are applied to check the effect of statutory provisions on CSR disclosure. Univariate regression is run, in order to see the individual impact of various independent variables, while multiple regression model is run to see the impact of various corporate-specific attributes on the disclosure score collectively. Before applying multiple regression, number of assumptions such as normality tests, autocorrelation tests, heteroscedasticity tests and multicollinearity tests have been checked to draw meaningful conclusion.
Hypotheses Development
Based on theoretical and empirical considerations as highlighted through the review of available studies, numerous factors affect CSR disclosure. But, as per the provisions of CSR, as given by the Ministry of Corporate Affairs, India, three main financial parameters, namely net worth of companies, their turnover and profitability, would lead to enhanced social disclosure. In the light of the same, the current study incorporates these three variables along with other firm-specific variables and develops the hypotheses as follows:
With specific reference to India, the Companies Act, 2013, under section 135 has made it mandatory for companies having turnover of ₹10 billion to spend compulsorily in CSR activities. Thus, it indicates that large firms are expected to be more socially committed as compared to smaller ones, even by the law now in India. From the preceding discussion, the present study tests the following hypothesis:
With specific reference to India, Section 135 of the Companies Act, 2013, makes it mandatory for companies having net profits of ₹50 million or more, to compulsorily spend on CSR activities. Thus, in addition to investors, the Government of India, through the new CSR regulations, has put greater responsibility on highly profitable companies to undertake CSR initiatives. Several measures as Returns on Assets (ROA), Returns on Equity (ROE), Returns on Sales (ROS) and Tobin’s Q have been taken as measures of profitability by authors. This article uses ROA, formulated as, profits after tax (PAT) divided by total assets as a measure of profitability. On the basis of the above discussion, the present study establishes the following hypothesis:
But with the introduction of new mandatory regime in India, companies operating in India have to mandatorily disclose information on social responsibility, irrespective of their nationality. Thus, the present study tests the following hypothesis:
The bird’s eye view of all the variables tested in the current study is summarised along with their hypotheses and is presented in Table 2 as follows:
Summarised Hypotheses of the Variables Tested in the Current Study
Results and Analysis
Prior to the application of regression analysis, it is important to assess the validity of the regression equations, in order to identify the impact of various corporate-specific attributes on disclosure practices. All the assumptions such as normality tests, autocorrelation tests, heteroscedasticity tests and multicollinearity tests required for application of regression analysis are found to be satisfactory. Various regression models have been applied by taking CSR disclosure score as the dependent variable. Independent variables are tested in regression model both individually and collectively. Six different regressions models have been run. The results are presented in Table 3:
Regression Analysis
Table 3 shows the results of six models by taking CSR disclosure as the dependent variable. In model I, NETWORTH is found to be significant at 1 per cent level of significance. It has positive association with CSR disclosure score for selected Indian companies. It implies that companies having higher net worth make more disclosure. In model II, TURNOVER of the firm is found to be significant at 1 per cent level of significance. The results reveal that large-sized companies have more disclosures. Contrary to the hypothesis in model III, profitability, as measured through TOBINSQ, is found to have negative and significant association with disclosure scores implying that more profitable companies exhibit less social disclosure. In model IV, Age is found to have positive and significant association with disclosure scores. Nationality taken as an individual independent variable in model V has no impact on CSR disclosure scores, suggesting that CSR disclosure is independent of the fact whether a company is domestic or multinational.
In order to check the impact of all the variables collectively on CSR disclosure practices, Multiple Regression analysis is applied in model VI. NETWORTH, TURNOVER and TOBINSQ are taken as the independent variables while controlling the impact of age and nationality. The results of full-fledged model VI reveal that NETWORTH, TURNOVER and DOMESTIC have positive and statistically significant impact on CSR disclosure scores. TOBINSQ have negative and statistically significant impact on CSR disclosure scores. The relationship between CSR disclosure and NETWORTH is statistically significant at the 5 per cent level of significance, whereas TOBINSQ, TURNOVER and DOMESTIC are found to be statistically significant at the 10 per cent level of significance. The adjusted R2 for united model is approximately 14.5 per cent, which suggests that only 14.5 per cent of the variation in the CSR disclosure scores can be explained by the independent variables. The F-value of the model is 4.910, which is significant at the 1 per cent level of significance.
The results of multiple regression analysis suggest that companies that are larger in net worth and size make more CSR disclosures. The impact of bringing CSR disclosure under the statutory umbrella is quite evident from the results. Section 135 of the Companies Act, 2013, enforces large-sized companies, having net worth of −₹5 billion or more or turnover of ₹10 billion or more, to invest in CSR activities compulsorily. Hence, the hypotheses (H1) and (H2) stand accepted that net worth and turnover have a positive relation with CSR disclosure. Surprisingly, the regression results indicate a negative relation between profitability and CSR disclosure scores. In the mandatory regime, companies with a minimum profit limit of ₹5 billion need to invest in CSR-related issues. The limit has been set quite low by the Ministry of Companies Affairs, India, so that larger number of companies falls in the ambit of CSR regime. But it seems that the highly profitable companies that were earlier spending even more than 2 per cent of net profits in CSR activities voluntarily, reduced their expenditure to just 2 per cent, that is, the prescribed amount by the law in India, resulting in the negative association between profitability and CSR. Hence, the hypothesis H3 stands rejected that profitability has a positive relation with CSR disclosure. A positive association between age of a company and its CSR disclosure score is found thus accepting hypothesis H4. Old companies have more burden to appear legitimate in the eyes of the masses as they want to maintain their age-old goodwill earned over several years of establishment. The results of multiple regression analysis point out a positive association between company’s residential status being domestic and CSR disclosures. It indicates that companies which are domestic in nature have more CSR disclosures than companies having multinational operations. CSR is deeply rooted in the Indian tradition (Sagar & Singla, 2004). It has rather become more dominant and broader in scope with time (Das Gupta, 2007), especially with CSR becoming mandatory, domestic companies are in fact not left with much choice. Thus, the hypothesis H5 that a company having multinational operations has positive impact on CSR disclosures is being accepted.
Conclusion
The results of both univariate and multiple regression analysis statistically prove that net worth, turnover and profitability have significantly affected CSR disclosure practices of Indian companies. Thus, our results endorse that institutional framework of a country can change the attitude of corporate sector of a country. Prior to the mandatory regime of CSR, only a handful of companies have been undertaking CSR practices voluntarily. But the intervention of the Ministry of Corporate affairs has mandated high-profiled companies to contribute to society. Countries where professionalism does not prevail, statutory controls are needed (Gray, 1988). Statutes have forced the Indian companies to invest in societal requirements, thereby making domestic dummy significant in our results of regression analysis. The choice of being philanthropic has been withdrawn from those companies that can afford charity. But the new law is still in its preliminary stage. The Companies Act requires companies to put at least 2 per cent of their net profits in CSR activities, but it does not strongly impose the penalties in case of non-compliance. The results of the study implicate that even large profitable companies that were earlier spending more than 2 per cent on CSR activities have scaled back their CSR spending. The transition from voluntary to mandatory regime is not much welcomed by the corporate sector (Money Control, 2010). Thus, to ensure its compliance and achieve desired results, execution of the law must be ensured. It is hoped that what is presently taken as a statutory measure would get imbibed in the culture of Indian companies, and the mutual relationship between society and business shall be honoured in the coming years.
Footnotes
Declaration of Conflicting Interests
The authors declared no potential conflicts of interest with respect to the research, authorship and/or publication of this article.
Funding
The authors received no financial support for the research, authorship and/or publication of this article.
