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
June 16,2020

New Delhi, Jun 16: Delhi Health Minister Satyendar Jain on Tuesday said that he has been hospitalised after suffering from high-grade fever and a sudden drop in his oxygen level.

He tweeted to inform that he was admitted to the Rajiv Gandhi Super Speciality Hospital (RGSSH) here, a dedicated COVID-19 facility under the Delhi government.

"Due to high-grade fever and a sudden drop of my oxygen levels last night I have been admitted to RGSSH. Will keep everyone updated," Jain tweeted.

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News Network
March 27,2020

Srinagar, Mar 27: Over 180 people with undeclared recent travel histories have been traced and shifted into quarantine in Srinagar, officials said.
"COVID-19: Over 180 persons with undeclared recent travel histories have been traced and shifted into quarantine this past week in Srinagar. Some 200 more complaints are being verified. Just hoping no one is infected as it's just too hard to even imagine the possible consequences." Srinagar district administration tweeted.
The Ministry of Health and Family Welfare had earlier on Thursday reported 88 new COVID-19 cases, which is the highest in a single day, taking the total countrywide tally to 694.

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Agencies
May 1,2020

New Delhi, May 1: The Centre has finalsed the criteria for delimitation of various zones after May 3. It has identified at least 130 districts as red zones, 284 orange zones and 319 green zones.

According to a letter written by Health Secretary Preeti Sudan to the Chief Secretaries of all States and UTs, all the states have to delineate the containment areas and buffer zones in the identified red and orange zone districts and notify the same.

The letter said, the national capital has at least 11 red zones, Uttar Pradesh 19 red zones, 36 orange zones and 20 green zones while, the state of Haryana has 2 red zones, 18 orange zones and 2 green zones.

The Gautam Buddha Nagar in Uttar Pradesh has been identified as a red zone district while, Ghaziabad has been designated as an orange zone. The national capital has no orange and green zone; there are only red zones according to the letter.

In Maharashtra, Mumbai, Pune, Thane, Nashik come in the red zone.

In West Bengal, Kolkata, Howrah, 24 Parganas -- both North and South have been identified as red zones while Hooghly, Nadia, Murshidabad etc have been marked as orange zones.

In the southern part of India, Kerala has 2 red zones and 10 orange zones, while Tamil Nadu has 12 red zones and 24 orange zones.

The Health Secretary said that the list will be revised on a weekly basis or earlier and communicated to states for further follow-up action in consonance with the directions issued by the Ministry of Home Affairs under the Disaster Management Act, 2005 based on field feedback and additional analysis at state level, states may designate additional red or orange zones as appropriate.

However, states may not relax the zonal classification of districts classified as red or orange as communicated by the Ministry. This classification is multi-factorial and takes into consideration incidence of cases, doubling rate, extent of testing and surveillance feedback to classify the districts.

A district will be considered under green zone, if there are no confirmed cases so far or there is no reported case since the last 21 days in the district.

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