Supreme Court refuses to stay FDI policy in retail

October 15, 2012

sc

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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
January 14,2020

Aligarh, Jan 14: Uttar Pradesh Minister Raghuraj Singh has courted a major controversy after he said that people who raise slogans against Prime Minster Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath "would be buried alive".

The minister said this on Sunday while addressing a rally in Aligarh to muster support for the Citizenship Amendment Act (CAA) 2019.

"If you raise slogans against Prime Minister Narendra Modi or Chief Minister Yogi Adityanath, I will bury you alive," he threatened.

He was apparently referring to protests held by students of Aligarh Muslim University against the CAA during which they allegedly raised slogans against the Prime Minister and the chief minister.

The minister further said: "These one per cent people are opposing the CAA. They stay in India, eat up our taxes and then raise 'murdabad' slogans against the leaders. This country belongs to people of all faiths, but slogan shouting against the Prime Minister or chief minister is unacceptable."

He also launched an attack on India's first Prime Minister Jawaharlal Nehru. "What was Nehru's caste? He did not have a 'khaandan'," he claimed.

Raghuraj Singh is minister of state in the labour ministry in Uttar Pradesh.

Comments

Sharief
 - 
Wednesday, 15 Jan 2020

All will be burried alive including you.

Oh coward, do not bark with your majority stupids and illeterates.

Face 1 to 1.

 

You will know the result

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 21,2020

Jan 21: Indian policymakers may make it easier for companies to tap foreign funding, as a prolonged cash squeeze makes it tough for firms to borrow at home.

Investors are speculating about potential steps Finance Minister Nirmala Sitharaman could unveil when she presents the nation’s budget on Feb. 1. These measures may include freeing up firms to borrow at higher rates and offering tax breaks to global funds.

“The government will need to relax local rules to make it easier for Indian companies to raise debt overseas and tide over the funding crunch in the onshore market,” said Raj Kothari, London-based head of trading at Jay Capital Ltd. “At the same time, they need to ensure that the borrowers tapping offshore markets abide with stricter corporate governance so as to avoid further defaults.”

A prolonged crisis in India’s shadow bank sector and a pile of bad loans at traditional lenders is making it expensive for Indian companies, other than the best-rated firms, to access funding. The government has tried a series of measures to spur domestic credit, including providing so-called credit enhancement and allowing tiny firms to restructure debt.

Here are some steps Sitharaman may consider to spur foreign borrowing:

• She could raise the cap of 450 basis points above Libor, which limits overall foreign debt costs for Indian companies

• This could help lower-rated firms sell bonds abroad. Indian companies rated BBB currently borrow at more than 10%, about 3.8 percentage points more than their top-rated peers;

• Sitharaman could waive the withholding tax foreign investors need to pay on holdings of rupee-denominated debt sold by Indian companies abroad

• The waiver was offered between September 2018 to March 2019, but wasn’t extended as the highest global interest rates since the financial crisis deterred Indian borrowers. Since then, the three-month Libor has dropped by about 1 percentage point

• She could permit Indian property developers and housing finance lenders to sell overseas bonds for reasons beyond affordable housing projects

• New funding lines to the real estate sector, arguably ground zero of India’s economic slowdown, could help kickstart consumption and investment as the industry is the nation’s biggest job-creator.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
July 31,2020

New Delhi, Jul 31: With the highest single-day spike of 55,079 COVID-19 cases in the last 24 hours, India's coronavirus tally breached the 16 lakh mark on Friday, informed the Union Ministry of Health and Family Welfare.

With this latest spike, the total cases in the country stand at 16,38,871. Among these cases 5,45,318 are active. A total of 10,57,806 patients have been cured/discharged/migrated.

779 deaths due to COVID-19 have been reported in the country in the last 24 hours, taking the death toll to 35,747.

As per the Union Health Ministry, Maharashtra has a total of 1,48,454 active cases and recorded 14,729 deaths due to COVID-19.
Tamil Nadu has a total of 57,962 active cases and 3,838 deaths in the state.

Delhi has a total of 10,743 active cases and 3,936 deaths.

The Indian Council of Medical Research on Friday informed that a total number of COVID-19 samples tested up to 30th July is 1,88,32,970 including 6,42,588 samples tested yesterday.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.