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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Agencies
August 3,2020

New Delhi, Aug 3: Congress leader and Rajya Sabha MP Digvijaya Singh on Monday said that Prime Minister Narendra Modi should defer the foundation stone laying ceremony for Ram temple from August 5 as it will be an "inauspicious hour" for the event.

"I request Modi Ji again that the inauspicious occasion of August 5 (for foundation stone laying ceremony for Ram temple) should be deferred. The construction of Ram temple is to begin after hundreds of years of struggle and PM Modi should leave his stubbornness that may cause an obstruction in the process," Digvijaya tweeted (translated from Hindi).

The Congress leader went on to claim that several BJP leaders were falling sick due to COVID-19 as the result of ignoring the norms of Sanatan Dharma. "The results of ignoring the norms of Sanatan Dharma are - all priests of Ram temple tested positive for COVID-19, death of UP Minister Kamal Rani Varun due to corona, UP BJP chief tested COVID-19 positive, Home Minister Amit Shah tested positive for COVID-19, Madhya Pradesh CM Shivraj Singh Chouhan tested positive for COVID-19, Karnataka CM Yediyurappa tested positive for COVID-19," he added.

"Lord Ram is the epicentre of faith for crores of Hindus and the PM should not play with norms and traditions of Sanatan Dharma established across thousands of years," he added.

The Congress leader further questioned the urgency of holding the foundation stone laying event in times when COVID-19 spread is prevalent across the country.

"By laying the foundation stone for Ram temple at an inauspicious hour, how many people do you want to send to the hospital Modi Ji? Yogi Ji, please explain to Modi Ji. In your presence, why are the norms and traditions of Sanatan Dharma being broken? What is your compulsion that you are allowing this to happen?" he contended.

"One more question arises. A minister of the Uttar Pradesh government died due to coronavirus. Union Home Minister tested positive for COVID-19 and Uttar Pradesh BJP chief also tested positive. In these circumstances, whether Uttar Pradesh Chief Minister and India's Prime Minister should not be quarantined? Is being quarantined only mandated for common people? Not for Prime Minister and Chief Ministers? The time limit for quarantine is 14 days," he added.

He further said that the entire cabinet should go into quarantine otherwise they will infect the residents of Ayodhya.

"These people's religion is 'Hindutva' and not 'Sanatan Dharma'. hence they have nothing to do with Sanatan Dharma's traditions. They have broken all the norms. Now, Modi Ji will issue the muhurta and he will only lay the foundation stone," he tweeted.

The Prime Minister is scheduled to lay the foundation stone of the Ram temple in Ayodhya on August 5.

The construction of Ram temple will begin after the ceremony to lay the foundation stone in which Chief Ministers of several states, Ministers from the Union Cabinet and RSS chief Mohan Bhagwat are also likely to participate.

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Agencies
January 7,2020

New Delhi, Jan 7: Services at various bank branches and ATMs are likely to be affected as hundreds of employees will go on a bank strike across the country on Wednesday.

The bank strike is part of the Bharat Bandh call given by trade unions to protest against the labour reforms and economic policies of the Central government, according to reports.

The protestors' main demand during the Bharat Bandh is that the Centre should drop the proposed labour reforms.

A Bill in this regard was passed and proposes to merge 44 labour laws into four codes -- wages, industrial relations, social security, and safe working conditions.

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News Network
June 3,2020

New Delhi, Jun 3: Seasoned diplomat and former spokesperson of the External Affairs Ministry Raveesh Kumar has been appointed as India's next Ambassador to Finland, the government announced on Wednesday.

Raveesh Kumar, a 1995-batch Indian Foreign Service officer, served as the spokesperson of the MEA from July 2017 to April 2020 during which he deftly articulated India's position on a number of sensitive issues including last year's Balakot strike, reorganisation of Jammu and Kashmir and the controversy surrounding the National Register of Citizens.

"He is expected to take up the assignment shortly," the MEA said.

Before becoming the MEA spokesperson, Kumar was serving as Consul General of India in Frankfurt.

Kumar started his career at the Indian Mission in Jakarta and it was followed by his postings in Thimpu and London.

In his nearly 25-year career, Kumar also looked after the East Asia desk in the headquarters of the MEA in Delhi and served as Deputy Chief of Mission in Jakarta followed by his posting as Consul General in Frankfurt from August 2013 to July 2017.

In Finland, he succeeds Vani Rao.

Finland is an important country for India in Europe, and bilateral trade has been on an upswing in the last few years.

Around 35 Indian companies have invested in Finland in IT, healthcare, hospitality and automotive sectors while over 100 Finnish companies have operations in India in energy, textiles, power plants and electronics sectors.

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