Supreme Court refuses to stay FDI policy in retail

October 15, 2012

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New Delhi, October 15: The Supreme Court on Monday refused to stay the Centre’s decision to allow Foreign Direct Investment (FDI) in retail sector.

A bench of justices R M Lodha and A R Dave, however, said that the policy suffers from “curable” irregularity of want of legal sanction and asked the RBI to amend the Foreign Exchange Management Act (FEMA) regulations to allow implementation of the government’s policy.

The bench said the RBI should have amended the FEMA regulations before the implementation of FDI policy and asked the banking regulator to take steps to remove the lacunae in the way of giving a final shape to the policy.

The court observed that the regulations should have been amended before the Centre issued the notification, but clarified that the irregularity can now be cured with RBI amending FEMA regulation.

“At least it can be said that it is an irregularity that is curable and as soon as amendment is brought, it would be cured,” the bench said.

During the argument, the court said the policy cannot be stayed just because of this irregularity.

Attorney General G E Vahanvati submitted that he would talk to the RBI Governor to take immediate steps for bringing amendment in the FEMA regulations.

The bench after hearing his submission adjourned the matter for further hearing on November 5.

The court was hearing a PIL filed by lawyer M L Sharma, who has said that RBI’s nod was missing from the Centre’s policy allowing FDI in retail sector.

The apex court on October 5 had sought the assistance of top law officers in hearing the PIL filed by Mr Sharma against opening the multi-brand retail sector to the FDI saying there was a need for clarification since some link is missing pertaining to the RBI regulation on the issue.

Mr Sharma has said in his petition that that retail trading is strictly prohibited under the law of FEMA under which the power to come out with a circular is vested with the RBI which has not issued any regulation after 2008.

He has alleged in his PIL that the Centre’s notification was issued without the authority of law as approval of of neither the President nor the Parliament was secured.

The apex court had, however, rejected the allegation saying “this assumption that the policy has to be in the name of the President is flawed and unfounded.”

“The Constitution does not provide that the policy should be in the name of the President.”

It further said a policy is never required to be placed before Parliament.

The apex court had also said that correctness of the policy has to be challenged on the touch stone of the circular whether it is ultra vires of the law or not.

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News Network
July 21,2020

New Delhi, Jul 21: Prime Minister Narendra Modi and President Ram Nath Kovind on Tuesday condoled the demise of Madhya Pradesh Governor Lalji Tandon.

Tandon, 85, passed away at 5:35 am on Tuesday after a prolonged illness.

Taking to Twitter, Prime Minister Modi posted a picture with Madhya Pradesh Governor and wrote, "Shri Lalji Tandon will be remembered for his untiring efforts to serve society. He played a key role in strengthening the BJP in Uttar Pradesh. He made a mark as an effective administrator, always giving importance of public welfare. Anguished by his passing away."
"Shri Lalji Tandon was well-versed with constitutional matters. He enjoyed a long and close association with beloved Atal Ji. In this hour of grief, my condolences to the family and well-wishers of Shri Tandon. Om Shanti," he added.

President Kovind expressed condolences saying that we have lost a legendary leader today.

"In the passing away of Madhya Pradesh Governor Shri Lal Ji Tandon, we have lost a legendary leader who combined cultural sophistication of Lucknow and acumen of a national stalwart. I deeply mourn his death. My heartfelt condolences to his family and friends," he tweeted.

His last rites will be performed at Gulala Ghat in Lucknow at 4:30 pm today.

Tandon was admitted to a hospital after complaining of breathing problems, difficulty in urination and fever. He has been undergoing treatment since June 11. 

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News Network
July 16,2020

New Delhi, Jul 16: With India's economic growth sputtering, the Reserve Bank of India was expected to maintain a rate-cutting cycle, but an uptick in near-term inflation could give the central bank's Monetary Policy Committee reason to pause for now.

Having cut its key lending rate by an aggressive 115 basis points (bps) in 2020, on top of 135 bps cuts in 2019, the RBI so far has had little success in spurring credit growth amid varying degrees of lockdowns across India.

Some economists and market insiders argue it may be prudent for the MPC, the policy committee, to hold its fire when it meets early next month.

"It's probably too early to administer a demand stimulus. The RBI still has room to cut rates, but we probably want to be more cautious of the timing," said Venkat Pasupuleti, portfolio manager at Dalton Investments.

"Maybe they should wait a quarter to see how things pan out once the lockdown situation is eased further."

Market participants have factored in at least a 25 bps rate cut by the MPC on August 6 while analysts are predicting a total 50-75 bps cuts over the rest of the fiscal year that runs to March 31.

The spike in the retail inflation rate above the RBI's mandated 2%-4% target range is another reason for the central bank to take a breather, analysts say.

Annual retail inflation rose to 6.09% in June, compared to 5.84% in March and sharply above a 5.30% median forecast in a Reuters poll of economists.

Rahul Bajoria, an economist at Barclays, said the spike in both consumer and wholesale prices "could lead to a tempering in enthusiasm for material front-loaded policy support from here on."

Almost all economists however agreed the RBI cannot move away from its accommodative stance or call an end to the rate cutting cycle just yet.

India's economy grew at 3.1% in the March quarter - an eight year low - and some economists have predicted a contraction of more than 20% in the June quarter and a contraction of up to 5% in the fiscal year.

"Even in the event of a pause, we think the RBI and MPC would want to hold out the promise of more cuts," said A. Prasanna, economist with ICICI Securities.

RBI Governor Shaktikanta Das said in a recent speech the need of the hour is to restore confidence, preserve financial stability, revive growth and recover stronger, suggesting inflation concerns are unlikely to deter the downward trajectory for rates too soon.

"The August policy decision would boil down to a judgment call over whether RBI can maintain easy monetary and financial conditions without the aid of a token rate cut," Prasanna said. 

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Agencies
June 16,2020

As the Indian workforce navigates a shrinking job market in lockdown times, two in five professionals believe that the number of jobs and scheduled interviews will decrease in the next two weeks, a new LinkedIn survey said on Tuesday.

The news comes as bittersweet for Indian professionals as more than one in three stated they will now spend more time working on their resumes and preparing for interviews.

Professionals from healthcare, manufacturing and corporate service industries anticipate a decrease in personal spending and personal investments in the next six months, according to the findings of the fortnightly LinkedIn Workforce Confidence Index based on responses from 2,903 professionals in the country.

This findings showed that while India's overall confidence remains steady, the country's confidence in jobs is beginning to trend downward.

However, employees at large enterprises (firms with over 10,000 workers) are more confident about the future of their employers when compared to their peers from mid-market and SMB companies.

The findings showed that 41 % of enterprise professionals think their companies will do better in the next six months, while 63 % think their companies will be better off one year from now.

However, "the enterprise professionals are least confident about the future of their jobs, finances and careers, when compared to their SMB and mid-market peers".

The findings showed that 52 % of healthcare, 48% of corporate services, and 41 % of manufacturing professionals anticipate a decrease in investments in the next 6 months.

Over the past three months, many organizations have shifted to a remote working model to circumvent the pandemic and ensure business continuity.

Three in five marketing professionals feel confident about being effective when working remotely, joined by more than half of project management and engineering professionals, who are also confident about the effectiveness of remote working.

In contrast to this optimism, only 39 % of HR, 36% of finance, and 31 % of education professionals think they would be effective when working remotely, said the survey.

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