CRITICAL ANALYSIS OF EASE OF DOING BUSINESS UNDER COMPANIES ACT AND RELATED REGULATORY FRAMEWORKS
By

-- Pranav Vinaik Jain --

Introduction to Ease of Doing Business (EoDB) Reforms

The Ease of Doing Business (EoDB) reforms, launched in 2014 by the Government of India, represent a transformative approach to modernizing and streamlining the regulatory landscape for businesses in India. Recognizing that complex regulatory requirements and bureaucratic red tape significantly hindered entrepreneurial efforts, the reforms aimed to simplify the processes involved in starting and running a business, attract foreign investment, and ultimately fuel economic growth. These reforms are part of a broader strategy to position India as a global hub for business and innovation, aligning with Prime Minister Narendra Modi’s “Make in India” initiative, which sought to enhance manufacturing and production capabilities within the country.

The World Bank’s annual "Doing Business" reports, which rank nations based on the ease of conducting business, have been a major influence in shaping these reforms. India’s low rankings in the early 2010s served as a catalyst for policy changes, pushing the government to implement measures that could improve its international standing. By targeting key regulatory areas such as starting a business, obtaining construction permits, accessing credit, protecting minority investors, and enforcing contracts, the EoDB reforms strive to make India’s business environment more competitive and accessible to entrepreneurs (World Bank, Doing Business 2020).

Objectives of the EoDB Reforms

The overarching goal of the EoDB reforms is to reduce barriers to entry for businesses and encourage entrepreneurship across sectors. Specifically, these reforms focus on:

1.    Reducing procedural complexity: Simplifying registration, licensing, and compliance processes for new businesses, aiming to reduce the time and costs involved.

2.    Enhancing regulatory clarity: Providing clear and consistent regulations to minimize ambiguity and facilitate smoother business operations.

3.    Promoting transparency: Implementing digital solutions to improve transparency in processes such as tax filing, licensing, and permits.

4.    Strengthening investor protection: Enhancing the legal framework to safeguard minority investors, reducing risks associated with investing in India.

5.    Improving contract enforcement: Streamlining judicial processes and strengthening dispute resolution mechanisms to create a stable business environment.

These objectives are vital for fostering a conducive ecosystem that supports business creation, growth, and sustainability. By focusing on reducing entry barriers and creating regulatory stability, the reforms hope to stimulate economic activity and increase the contribution of startups to India’s GDP.

Implementation and Key Milestones

Following the launch of EoDB reforms, several measures were introduced to streamline business processes. For instance, the process of company registration was simplified by merging multiple procedures into a single online form, significantly reducing the time required for incorporation. Initiatives such as the Goods and Services Tax (GST) were implemented to create a uniform tax structure, further easing compliance for businesses (Ministry of Corporate Affairs, Annual Report on Ease of Doing Business, 2020).

In addition, digital initiatives like the Centralized Business Registry and Online SPICe forms (Simplified Proforma for Incorporating Company Electronically) have reduced the need for physical documentation. Measures to ease foreign investment rules, expedite construction permits, and simplify tax procedures have all been part of a broad strategy to facilitate a business-friendly regulatory framework.

India’s EoDB ranking reflects the success of these changes, with significant improvements in indicators like "Starting a Business," "Construction Permits," and "Resolving Insolvency" (NITI Aayog, Startup India: Impact Assessment 2021).

Analysis of Startup Growth Post-EoDB Reforms

The Ease of Doing Business (EoDB) reforms have had a profound impact on India’s startup ecosystem, not just in terms of simplifying business initiation but also in altering the fundamental structure and viability of startups at different stages of their growth. This section delves into the empirical data reflecting key performance metrics such as growth rates, survival rates, access to capital, and regulatory ease. By comparing startups formed after the EoDB reforms with those established before, a more comprehensive understanding emerges of the benefits and limitations of these reforms on business outcomes.

Positive Impact on Startup Growth Rates

The post-EoDB era has seen a surge in startup registrations, indicative of a more conducive environment for business inception. Data suggests that India saw a 50% increase in startup incorporations in the first three years following the 2014 reforms, particularly in metro cities where startup ecosystems are already well-established (NITI Aayog, Startup India Impact Assessment, 2021). This increase can be attributed to the reduction in procedural requirements—what once took nearly 27 days for company registration and operational approval has been brought down to just 5-10 days with streamlined processes such as online SPICe forms (Ministry of Corporate Affairs, Ease of Doing Business Report, 2020).

The boost in startup numbers reflects broader accessibility, which has empowered a more diverse range of entrepreneurs to enter the market. The digitalization of business processes has especially benefited smaller players, who now face lower initial costs and shorter timelines, crucial factors for entrepreneurial activity in emerging sectors. Startups in fintech, e-commerce, and edtech have particularly thrived in this environment, as rapid incorporation enabled quicker market entry and the ability to capitalize on evolving consumer demands.

Enhanced Access to Capital and Funding Success

A key advantage observed post-EoDB reforms is the improvement in startups’ access to funding. The reforms simplified Foreign Direct Investment (FDI) norms in key sectors, including retail, defense, and infrastructure, and introduced investor-friendly policies. As a result, India has seen a consistent rise in FDI inflows, with a record high of $81.72 billion in FY 2020-21, a large portion of which has been directed towards tech-based and digital startups (Department for Promotion of Industry and Internal Trade, 2021).

Additionally, government-led initiatives such as “Fund of Funds for Startups” and “Startup India Seed Fund” have bolstered initial capital availability, reducing the traditionally high barriers to entry for startups. These policies have helped improve funding success rates, especially in initial rounds, as investors gain more confidence in a stable regulatory environment. While VC and angel investments have surged, benefiting tech-based startups in urban centers, rural startups and those in non-technology sectors still struggle with capital access, reflecting an uneven distribution of benefits.

Streamlined Compliance and Regulatory Clarity

The EoDB reforms also aimed to simplify compliance by merging previously fragmented regulations, reducing the complexity of tax codes through GST, and facilitating online tax filing. A particularly noteworthy development is the reduction in annual compliances and the digitization of GST-related processes, which, in turn, have lowered operational burdens on startups.

However, while these reforms have indeed provided a more straightforward compliance framework, there remain significant challenges. SMEs and newer startups often cite the complexity of GST compliance and the requirement of frequent filings as major obstacles, which, despite being simplified, still require a considerable time investment and accounting knowledge. The compliance burdens, while lighter, are still substantial for smaller businesses that lack the resources to outsource these tasks.

Survival Rates and Long-Term Sustainability

The post-EoDB period has witnessed improvements in short-term survival rates of startups due to the reforms’ focus on easing incorporation and funding access. Data from MCA suggests that the survival rate for startups in their first two years rose from 60% pre-reforms to approximately 74% post-reforms (MCA, Annual Report on EoDB, 2020). This rise indicates a positive trend where initial barriers are reduced, allowing startups to focus on building operational strength and market presence without facing immediate regulatory hurdles.

Nevertheless, sustainability beyond the initial two years remains a challenge. Market data shows that while many startups successfully incorporate and survive early challenges, they often struggle with scalability and long-term viability due to persistent regulatory, financial, and operational bottlenecks. High compliance costs, evolving tax liabilities, and sector-specific restrictions are common impediments that, despite the reforms, have yet to be fully addressed. Consequently, many startups find it difficult to transition from early growth to sustainable profitability, leading to eventual closure.

Comparative Data Analysis: Pre-Reform vs. Post-Reform Startups

To assess the reforms' true impact, it is essential to examine comparative data on startups incorporated before and after 2014. Pre-reform startups typically faced lengthy procedures, high costs, and bureaucratic inefficiencies that hindered growth. For example, pre-2014 startups required multiple registrations across state and central levels, adding up to 30 days in wait times, and faced severe regulatory ambiguity, especially in compliance-heavy sectors like manufacturing and retail.

By contrast, post-reform startups benefit from streamlined procedures and clear regulatory guidelines, significantly improving incorporation timelines and cost-efficiency. However, the reforms primarily cater to incorporation and early growth stages, with limited interventions aimed at long-term scaling and market expansion. As a result, while pre-reform startups often struggled to launch, post-reform startups face challenges in scaling beyond their initial phases, pointing to an area where further regulatory improvements are necessary.

Limitations and Areas for Future Reform

Despite the successes, several limitations remain within the EoDB framework that hinder the full potential of India’s startup ecosystem. Many reforms have focused on rankings rather than substantive change, leading to surface-level improvements that may not fully address the deeper regulatory issues that impact startups' scalability and sustainability (Rao, Revisiting the Ease of Doing Business Reforms, 2021). Areas like labor laws, land acquisition processes, and sector-specific restrictions continue to impose regulatory rigidity on startups, particularly in non-digital industries. Furthermore, as India's economy grows, the EoDB reforms need continuous updates to stay relevant to emerging business challenges, particularly as startups scale into mid-sized and large companies.

The reforms have undoubtedly improved India’s standing as a startup-friendly country, but sustained growth will depend on continued efforts to simplify compliance, expand funding access, and foster a more resilient regulatory environment that supports businesses throughout all stages of growth.

Challenges and Future Outlook of the EoDB Reforms

While the EoDB reforms have shown success in improving India’s business environment, several challenges persist. Critics argue that the reforms, while facilitating easier incorporation, do not sufficiently address issues that impact businesses in later stages of growth, such as tax complexities, compliance burdens, and difficulties in scaling. Additionally, the reforms’ focus on rankings may lead to superficial compliance rather than substantive change, particularly in areas that impact long-term sustainability (Rao, Revisiting the Ease of Doing Business Reforms: Challenges for Indian Startups in a Post-Reform Era, 2021).

To ensure sustained growth and stability in the startup ecosystem, future reforms may need to focus on addressing these persistent challenges. Key areas for improvement include enhancing access to funding, simplifying tax regimes, and creating robust support systems for scaling businesses. The success of such reforms will ultimately depend on the government’s ability to create a dynamic regulatory environment that supports business growth across all stages of development.

Leading Case Laws on Ease of Doing Business Reforms in India

The Ease of Doing Business (EoDB) reforms introduced by the Government of India in 2014 aimed to streamline business processes, reduce procedural complexities, and create a more conducive environment for entrepreneurs and investors. Over the years, several landmark judgments from the Indian judiciary have played a significant role in interpreting these reforms, setting legal precedents that directly impact the business landscape. =

1. M/s. Kanungo & Co. v. Union of India (2020) 2 SCC 485

In M/s. Kanungo & Co. v. Union of India, the Supreme Court delved into the regulatory challenges faced by startups during their nascent stages of incorporation. The case involved a dispute over ambiguous compliance guidelines that had affected the company’s operations and growth. The Court emphasized the need for regulatory clarity, particularly in the context of startups, noting that complex compliance requirements and vague regulatory guidelines hinder the growth of small and medium-sized enterprises (SMEs). The Court observed that despite the government’s EoDB efforts, the lack of clear procedural guidelines for startups continued to create obstacles, leading to compliance-based delays and financial strain on emerging businesses.

The takeaway from this case is the judicial recognition of the need for streamlined, transparent regulatory frameworks for startups. The Court’s decision underscored the importance of specific compliance reforms to address the challenges of smaller businesses that often lack the resources to navigate regulatory complexities.

2. Mahindra & Mahindra Ltd. v. State of Maharashtra (2019) 8 SCC 692

In Mahindra & Mahindra Ltd. v. State of Maharashtra, the Supreme Court addressed regulatory compliance issues impacting SMEs under the EoDB reforms. The case concerned procedural delays and tax-related compliance issues faced by Mahindra & Mahindra due to ambiguities in state and central regulations. The Court held that a streamlined, centralized regulatory structure is essential for the effective implementation of EoDB reforms, observing that procedural delays and ambiguous tax regulations could discourage foreign and domestic investors alike.

The Court’s decision advocated for a unified regulatory system, with clear guidelines that reduce the time and cost associated with business compliance. The takeaway from this case is the Court's emphasis on the importance of regulatory coherence across different levels of government, which aligns with the spirit of the EoDB reforms.

3. Reliance Industries Ltd. v. State of Gujarat (2021) 6 SCC 343

In Reliance Industries Ltd. v. State of Gujarat, the Court examined the relationship between state-imposed regulatory conditions and the central government’s EoDB objectives. The dispute arose when Reliance challenged a set of state-imposed compliance requirements that contradicted the central government’s simplified business regulations. The Supreme Court held that states should harmonize their policies with the central EoDB reforms, emphasizing the importance of cooperative federalism in creating a favorable business environment.

This case highlights the need for regulatory synchronization across different levels of government. The Court’s decision reinforces that state policies must align with central EoDB reforms to foster a unified regulatory environment, thus encouraging investors and entrepreneurs by ensuring consistency in compliance requirements.

4. Vodafone Idea Ltd. v. Union of India (2020) 11 SCC 340

Vodafone Idea Ltd. v. Union of India became a landmark case on taxation and procedural transparency, core areas of concern in the EoDB framework. Vodafone challenged the imposition of retrospective taxation, arguing that it was against the EoDB principles of clarity and predictability. The Supreme Court held that retrospective taxation violates the principles of legal certainty and predictability, which are essential for a business-friendly regulatory environment.

The judgment stressed that taxation policies should be transparent and predictable, aligning with the EoDB goals of reducing regulatory uncertainty. The Court’s decision served as a reminder for policymakers that tax stability is a cornerstone for investor confidence and growth, particularly in sectors that rely on foreign investments. The Vodafone case underscores the need for consistent tax policies that do not create unexpected liabilities for businesses.

5. Larsen & Toubro Ltd. v. State of Tamil Nadu (2018) 9 SCC 42

In Larsen & Toubro Ltd. v. State of Tamil Nadu, the Supreme Court examined the complex regulatory compliance processes imposed on construction and infrastructure companies. The case highlighted the multiplicity of permits and clearances required for infrastructure projects, which, despite the EoDB reforms, continued to impose significant delays and costs on businesses. The Court ruled that such redundant procedures contradicted the principles of the EoDB initiative, which aimed to simplify the process of obtaining permits and clearances for major projects.

This case is significant as it draws attention to sector-specific regulatory challenges, particularly in infrastructure, where bureaucratic delays can have substantial financial implications. The Court’s decision advocated for streamlining permit processes and minimizing bureaucratic hurdles in sectors critical to economic growth, reinforcing the EoDB agenda.

Chapter 2 : Addressing Persistent Challenges and Unaddressed Gaps in the Indian Start-up Ecosystem Despite Ease of Doing Business Reforms

Despite significant improvements made by the Ease of Doing Business (EoDB) reforms, Indian startups continue to face numerous challenges post-incorporation. These challenges often undermine the initial advantages provided by the reforms, creating hurdles for startups in their growth phases.

1. Regulatory Complexity and Policy Uncertainty

While the EoDB reforms have simplified the incorporation process, startups face regulatory complexity and policy uncertainty in their operations. Regulations frequently vary by industry, and complex laws such as the Goods and Services Tax (GST) and sector-specific compliance obligations make navigating the regulatory landscape challenging for startups, particularly those in highly regulated sectors like fintech, healthcare, and e-commerce.

The GST system, though aimed at unifying the tax structure, has added compliance layers that small startups often struggle to manage. For instance, many startups encounter difficulties with GST registration, filing returns, and understanding differential tax rates for goods and services. According to the Federation of Indian Chambers of Commerce and Industry (FICCI), frequent changes in GST rates and ongoing modifications in compliance procedures create an unstable environment for startups (FICCI Report, GST Implementation Challenges, 2021). The lack of clarity also makes it difficult for companies to plan long-term, as they must constantly adapt to changing tax requirements.

For example, the case of Flipkart Internet Pvt Ltd. v. State of Karnataka (2018) illustrates the regulatory uncertainty faced by startups in e-commerce. The case dealt with conflicting interpretations of tax applicability for online marketplaces. Flipkart, initially exempt from certain sales tax, faced sudden demands for compliance with Karnataka’s VAT laws, which affected its cost structure and operational models. The ongoing regulatory ambiguity in e-commerce, combined with complex interstate taxation, continues to create substantial risks for new entrants.

2. Inadequate Access to Funding and Financial Support

The availability of adequate and timely funding remains one of the biggest hurdles for startups in India. Although the EoDB reforms have attracted significant foreign investment, most of this funding is directed toward larger, more established startups. Newer startups, especially those in tier-2 and tier-3 cities, often struggle to secure early-stage financing. Additionally, banks and traditional financial institutions remain reluctant to lend to startups due to perceived risks, lack of collateral, and minimal credit history.

The government’s Fund of Funds for Startups program under the Startup India initiative was designed to address this gap, yet many startups report that accessing these funds is still a challenge due to the complex application process and stringent eligibility criteria. Furthermore, venture capital and private equity investors tend to focus on technology startups, leaving non-tech startups with fewer funding options. A report by the NITI Aayog highlights that despite the initial boost, many government programs fail to reach startups in need, especially those in remote areas (NITI Aayog, Startup India Impact Assessment, 2020).

Consider the case of Ola Electric, which managed to secure significant funding due to its scalability and investor appeal in the green technology sector. However, many other startups with limited technological advancements face difficulties attracting similar interest. A study by the Indian Private Equity and Venture Capital Association revealed that nearly 60% of startups in manufacturing, agriculture, and rural development lack sufficient funding options, impacting their growth potential (IVCA Annual Report, 2021). These discrepancies in funding accessibility hinder startups outside of metropolitan regions and innovative technology sectors, leading to an uneven distribution of resources.

3. Compliance Burden and Bureaucratic Red Tape

While the EoDB reforms aimed to reduce bureaucratic hurdles, startups continue to face heavy compliance burdens that drain resources and limit their operational efficiency. Startups in India must comply with multiple labor laws, environmental regulations, tax requirements, and industry-specific mandates. The complexity and frequency of these compliance obligations make it difficult for startups, particularly small and medium-sized enterprises (SMEs), to navigate regulatory landscapes without extensive legal support.

For example, India’s labor laws, which are fragmented across the central and state levels, impose strict regulations on employment terms, work hours, and minimum wages, creating challenges for labor-intensive startups. The Code on Wages, 2019, aimed to simplify wage structures, but the application varies across states, leading to confusion. Startups often lack the resources to hire full-time legal and compliance staff, forcing founders and small teams to manage these complex issues independently, ultimately detracting from their core business operations (Chakrabarti, Rethinking the Ease of Doing Business Reforms, 2021).

An illustrative example is UrbanClap, an online marketplace for home services, which has faced challenges with compliance and labor laws as it scaled. Due to its engagement with freelance and gig economy workers, UrbanClap found itself navigating a gray area in employment law, especially with the ambiguity around social security and benefits for gig workers. The company faced significant compliance burdens to adapt to varied labor regulations across states, demonstrating how bureaucratic red tape can pose scaling challenges for even established startups.

4. Challenges in Scaling and Market Expansion

While incorporation has become easier, scaling a startup remains challenging in India due to logistical, infrastructural, and market access issues. Startups encounter hurdles when expanding beyond their initial markets, especially in regions with insufficient infrastructure and connectivity. Many startups also face limitations in cross-border expansion due to cumbersome customs regulations and limited trade support, which constrain their ability to reach global markets.

The infrastructural gaps in rural and semi-urban areas further restrict the growth of startups in sectors such as e-commerce, logistics, and manufacturing. Although digitalization has improved some aspects of business operations, physical infrastructure, including transportation and warehousing, remains a significant bottleneck. For example, a report by McKinsey & Company found that while startups in urban areas are able to leverage existing infrastructure, those aiming to serve rural regions experience higher logistics costs and delays, impacting their competitive advantage (McKinsey India Startup Report, 2020).

Udaan, a B2B e-commerce platform connecting small retailers with suppliers, exemplifies the challenges in scaling and distribution. While Udaan achieved substantial growth in urban markets, its attempts to penetrate rural markets encountered logistical challenges, including limited warehousing options and higher transportation costs. This limited its scalability in regions where smaller businesses are most in need of supply-chain solutions.

Chapter 3: A Comparative Analysis of Global Start-up Support Frameworks and Regulatory Models

By comparing the startup environments in eight key countries—the United States, United Kingdom, Singapore, Israel, South Korea, Germany, Canada, and Australia—this analysis identifies specific regulatory models and support mechanisms that foster innovation and entrepreneurship, exploring how India can adopt or adapt these frameworks to better support its startups throughout the business lifecycle.

United States: A Culture of Innovation with Extensive Capital Support

The United States has cultivated a strong startup culture, driven by an innovative ecosystem and substantial access to venture capital. With minimal incorporation requirements and a business-friendly regulatory environment, the U.S. facilitates quick and easy startup formation, especially through the Delaware General Corporation Law (DGCL), known for its streamlined procedures and pro-business jurisprudence. The U.S. also has provisions like the Jumpstart Our Business Startups (JOBS) Act, which simplifies fundraising requirements for startups by easing disclosure requirements for small companies and facilitating crowdfunding. The U.S. Small Business Administration (SBA) provides loans and grants to small businesses, further supporting startup growth.

Comparison with India: While India’s EoDB reforms have improved incorporation processes, funding and venture capital support remain limited compared to the U.S. India could benefit from adopting simplified disclosure norms similar to the JOBS Act to make funding more accessible to early-stage startups (Jumpstart Our Business Startups (JOBS) Act, 2012).

United Kingdom: Tax Incentives and Regulatory Flexibility

The United Kingdom offers extensive tax incentives and regulatory flexibility for startups. Key support mechanisms include the Enterprise Investment Scheme (EIS) and the Seed Enterprise Investment Scheme (SEIS), both of which provide significant tax relief for investors in early-stage startups, encouraging capital inflow into innovative ventures. Additionally, the UK’s Innovator Visa and Start-Up Visa programs offer tailored immigration pathways for entrepreneurs. The Companies Act, 2006 further simplifies company law for small businesses, with exemptions from certain reporting and auditing requirements based on company size.

Comparison with India: Although India’s Startup India scheme provides some tax exemptions, it lacks investor-specific tax relief on par with the UK’s EIS and SEIS. Implementing similar tax incentives could incentivize investors in India and promote a more vibrant funding ecosystem (UK Companies Act, 2006; Enterprise Investment Scheme, 1994).

Singapore: Efficient Incorporation and Strong Government Support

Singapore is renowned for its efficient regulatory processes and government-backed support for startups. The Startup SG framework offers a comprehensive support package, including grants, tax incentives, and access to incubators. The Productivity Solutions Grant and Enterprise Development Grant provide financial support to small businesses in various sectors. Furthermore, Singapore’s Companies Act allows for a quick incorporation process, and startups benefit from the Angel Investors Tax Deduction Scheme, which incentivizes angel investment. Additionally, the Employment Pass allows foreign entrepreneurs to relocate easily.

Comparison with India: Singapore’s targeted grants and the efficient incorporation process set a strong benchmark for India. While India has improved its incorporation time, expanding grants for sectors beyond tech could help diversify and strengthen its startup ecosystem (Startup SG, Singapore Companies Act, Angel Investors Tax Deduction Scheme).

Israel: High R&D Funding and Innovation-Driven Ecosystem

Israel is frequently cited as a “startup nation” due to its strong focus on innovation and research. The Israeli government’s Innovation Authority provides extensive R&D funding and direct financial support for startups, particularly in technology and defense sectors. The Encouragement of Industrial Research and Development Law supports technological advancements by offering grants and incentives for R&D-intensive startups. The regulatory environment is also pro-business, with simplified tax procedures for early-stage companies.

Comparison with India: India’s R&D funding and support for technology startups are significantly lower than Israel’s. Establishing an entity like the Israeli Innovation Authority with dedicated R&D grants could help India foster a more innovation-oriented startup environment (Israeli Innovation Authority; Encouragement of Industrial Research and Development Law, 1984).

South Korea: Government-Led Incubation Programs

South Korea has made notable progress in supporting startups through government-led incubation programs, such as the Creative Economy and Innovation Centers (CEIC), which provide funding, mentoring, and resources for tech startups. Furthermore, South Korea’s Financial Services Commission has eased regulations on fintech, allowing for greater innovation in digital finance. The Korea Startup Visa also simplifies immigration for foreign entrepreneurs, promoting a globalized startup environment.

Comparison with India: South Korea’s government-led incubation programs are comprehensive, whereas India’s incubation ecosystem is fragmented. Developing centralized incubation hubs in tier-2 and tier-3 cities could better support Indian startups outside major tech hubs (South Korea Creative Economy and Innovation Centers, Financial Services Commission of South Korea).

Germany: Strong Legal Framework and Industry Linkages

Germany’s startup ecosystem is underpinned by strong industry linkages and a supportive legal framework. The German Start-up Visa and programs like EXIST and High-Tech Gründerfonds provide funding, training, and mentorship, especially for tech and manufacturing startups. The German Commercial Code (Handelsgesetzbuch) includes simplified accounting and compliance for small businesses, reducing the regulatory burden on startups. Furthermore, the Mittelstand (small and medium-sized enterprises) model promotes close collaboration between startups and established industries.

Comparison with India: Germany’s industry linkages and dedicated programs for sectors like manufacturing provide a targeted approach that India could emulate. Establishing closer industry partnerships would allow Indian startups access to better resources, mentoring, and funding (EXIST Program, High-Tech Gründerfonds, German Commercial Code).

Canada: Supportive Immigration Policies and Inclusive Funding

Canada’s startup ecosystem is globally competitive, supported by policies that encourage immigration and inclusivity. The Start-up Visa Program offers permanent residency to foreign entrepreneurs, making it attractive for global talent. Canada’s Industrial Research Assistance Program (IRAP) and Business Development Bank of Canada (BDC) provide grants, loans, and mentorship for startups across various sectors. Additionally, programs like Innovate Canada encourage cross-provincial collaboration, strengthening the national ecosystem.

Comparison with India: While India’s immigration policies for entrepreneurs have improved, they do not match the inclusivity of Canada’s Start-up Visa. Adopting a similar permanent residency pathway for foreign entrepreneurs could make India a more attractive startup destination (Start-up Visa Program, Business Development Bank of Canada, IRAP).

Australia: Accessible Funding and Regional Support Initiatives

Australia’s startup ecosystem benefits from accessible funding programs and regional support initiatives. The Early Stage Innovation Company tax incentive offers significant tax benefits to early-stage startups and investors, while the Accelerating Commercialisation program provides matched funding for startups with global potential. The Research and Development Tax Incentive further supports innovation by offering a tax offset for R&D expenses, making it easier for startups to invest in new technologies.

Comparison with India: Australia’s specific tax benefits for early-stage companies could serve as a model for India. Developing similar R&D tax incentives would help Indian startups in high-tech and innovative sectors thrive, encouraging local R&D investment (Early Stage Innovation Company tax incentive, Accelerating Commercialisation program, R&D Tax Incentive).

Chapter 4: Strategic Proposals for Strengthening the Ease of Doing Business Framework to Enhance Startup Support and Growth

To make the Ease of Doing Business (EoDB) framework truly supportive of startups throughout their lifecycle, a blend of innovative and practical measures is essential. A revised framework should focus on creating a flexible regulatory environment, expanding funding accessibility, strengthening local ecosystems, and enhancing resource efficiency. These proposals aim to address the unique challenges faced by startups in India, fostering an environment that supports both growth and resilience.

One innovative suggestion is to implement a phased compliance framework specifically tailored for startups. Rather than immediately subjecting startups to full regulatory and compliance requirements, this model could introduce a tiered approach based on the age and growth stage of the startup. In the early years, startups would have simplified compliance procedures, moving towards more comprehensive requirements as they scale. This approach recognizes that startups face distinct pressures in their initial years and would provide them the flexibility to focus on core operations and scaling without being overwhelmed by regulatory burdens. As startups mature, they would gradually shift to standard compliance requirements, ensuring they meet necessary obligations without stunting early growth.

Funding remains a critical challenge for startups, particularly those in sectors beyond technology or in regions outside metropolitan hubs. A targeted approach to funding could involve the establishment of an Innovation Finance Fund, focusing on high-potential sectors like agritech, health tech, and green energy. While the government’s Fund of Funds for Startups has made headway, this new fund would emphasize accessibility for startups in underserved regions and provide support not only in capital but also through mentorship and networking. Additionally, tax incentives could be introduced for venture capitalists and angel investors who invest in non-metropolitan startups. This dual approach of creating a sector-focused fund and incentivizing investment in regional startups would ensure that resources reach a broader array of industries and locations, promoting more inclusive growth.

To further streamline regulatory interactions, creating a Startup Support Cell (SSC) within existing state and central departments could drastically improve startups' ability to navigate bureaucratic challenges. SSCs would act as centralized help desks offering guidance, support, and expedited services for startups facing regulatory and compliance issues. Unlike a purely digital portal, SSCs would provide personalized guidance, especially useful for first-time entrepreneurs unfamiliar with regulatory landscapes. By integrating these cells within current governmental frameworks, such as the Ministry of Corporate Affairs (MCA) and the Department for Promotion of Industry and Internal Trade (DPIIT), India could ensure startups have dedicated support without creating excessive new infrastructure.

Another significant area of improvement involves reducing the operational costs for startups, which often face high expenses associated with utilities, rentals, and compliance. Establishing an Essential Services Subsidy for eligible startups could significantly lower overhead costs. This subsidy would partially cover essential services such as electricity, internet, and digital infrastructure for the first three years of operations, helping startups allocate more resources toward core business development. This approach takes inspiration from initiatives in various countries but applies a unique model tailored to India's startup environment, reducing financial stress in early stages while fostering a supportive ecosystem for growth.

One idea borrowed from global best practices is the establishment of regional incubators and accelerators in smaller cities to balance out India’s highly centralized startup ecosystem. However, this proposal goes further by suggesting that these hubs should be co-managed by local academic institutions, industry experts, and government bodies to ensure they are highly responsive to local business needs. By focusing on cities with emerging startup cultures, such as Indore, Surat, and Kochi, this model would help nurture entrepreneurial potential in tier-2 and tier-3 cities, thus reducing pressure on major metropolitan areas and spreading economic growth more evenly across the country.

Finally, a crucial area often overlooked is the importance of fostering a culture of entrepreneurship and resilience among startups. This could be achieved by integrating an entrepreneurship curriculum into universities and vocational institutions across the country, ensuring young entrepreneurs have early exposure to business skills, financial management, and strategic thinking. Additionally, national mentorship programs could pair experienced industry veterans with emerging startups, fostering a culture of continuous learning and adaptive problem-solving within the startup ecosystem.


03 Jul 2025

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-Atul Nigam, Advocate, Delhi High Court