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
April 15,2020

New Delhi, Apr 15: With 1,076 new COVID-19 cases reported in the last 24 hours, India's tally of coronavirus cases has risen to 11,439, said the Union Ministry of Health and Family Welfare on Wednesday.

Out of the total tally, 9,756 cases are active while 1,306 patients have been cured/discharged and migrated.

With 38 new deaths reported in the last 24 hours, the death toll rises to 377.

According to the ministry, Maharashtra is the worst-affected state with 2,687 cases of which 259 patients have recovered/discharged while 178 patients have lost their lives due to the virus.

Delhi comes in at the second position with 1,561 cases of which 30 patients have recovered while 30 patients have succumbed to the virus.

Tamil Nadu is the third state with over 1,000 cases at 1,204 cases of which 81 have recovered and 12 have died due to the deadly virus.

Rajasthan is nearing the 1,000 mark with 969 cases of which 147 people have recovered while 3 patients are dead. Madhya Pradesh reported 730 cases including 51 patients recovered and 50 patients dead.

On Tuesday, in an address to the nation, Prime Minister Narendra Modi announced that the 21-day national lockdown has been extended till May 3.

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News Network
June 13,2020

Jun 13: The Congress on Saturday accused the BJP-led government of burdening the common man with high taxes on petrol and diesel and earning Rs 2.5 lakh crore since March 5.

Congress leader Kapil Sibal said while international crude oil prices have fallen and are at the lowest level in 15 years, yet petrol and diesel prices are skyrocketing and common people continue to suffer under the Modi dispensation.

He said instead of passing the benefit of lower crude prices to consumers, petrol and diesel prices were hiked for the seventh straight day on June 13.

"The government has earned as much as Rs 44,000 crore in the last six days due to hike in petrol, diesel prices. Since March 5, the government has earned as much as Rs 2.5 lakh crore by way of increasing petrol, diesel prices.

"If the government had even the slightest feelings for the common man, instead of benefitting the companies and the government, the prime minister would have helped the common man with reduced fuel prices," Sibal said at an online press conference.

According to a report by Care Ratings, he said the hike effectively meant that the Central government is collecting around 270 per cent taxes on the base price of petrol and 256 per cent in case of diesel.

The former union minister said petrol was selling at Rs 71.41 in Delhi on May 1, 2014, when international crude oil prices were USD 106.85, while on June 12, 2020, the price of petrol was Rs 75.16 when the crude oil was at USD 38.

He said central excise and VAT cumulatively account for 69 per cent of tax on fuel in India which is higher than anywhere else in the world. He said the tax of fuel in the US was 19 per cent, Japan 47 per cent, the UK 62 per cent, France 63 per cent and Germany 65 per cent.

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News Network
March 26,2020

Jaipur, Mar 26: Two new COVID-19 positive cases were registered in Rajasthan taking the total number of coronavirus cases to 38 in the state.
The Union Health Ministry had on Wednesday reported 606 positive COVID-19 cases in India including 43 foreign nationals.

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