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
March 9,2020

New Delhi, Mar 9: The Centre and the Delhi government are working in close coordination to deal with coronavirus, Chief Minister Arvind Kejriwal said here on Monday.

Talking to reporters after a review meeting with Union Health Minister Harsh Vardhan on the preparedness for COVID-19, the chief minister said people arriving from foreign countries are being screened at airports.

A campaign will be run to make people aware of the preventive measures to contain the spread of the disease, Kejriwal said.

Health Ministry sending directives to states: Vardhan

Health Minister Harsh Vardhan said the government is prepared to deal with novel coronavirus and his ministry is sending directives, including guidelines, to states in all the languages on ways to contain it.

"We are sending detailed guidelines to all states on ways to contain coronavirus. Have asked states to strengthen laboratories and manpower to effectively deal with coronavirus and form early rapid action teams," Vardhan told reporters adding, that the government is prepared to deal with the infection.

Vardhan stressed on a coordinated action between all concerned departments and agencies for activities such as contact tracing, community surveillance, hospital management, identification of isolation wards, ensuring adequate personal protection equipment and masks and risk communication for mass awareness.

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News Network
May 1,2020

Sangod, May 1: Claiming that "drinking alcohol will surely remove coronavirus from the throat", Congress MLA from Sangod, Bharat Singh Kundanpur, has in a letter to Chief Minister Ashok Gehlot urged the reopening of liquor stores in the state, which have been closed in the wake of nationwide lockdown.

"When coronavirus can be removed by washing hands with alcohol, then drinking alcohol will surely remove virus from the throat," Kundanpur wrote in his letter dated April 30.

He also alleged that the sale of illegal liquor and bootlegging had become rampant in the state due to the closure of liquor stores during the lockdown.

Prime Minister Narendra Modi had on March 24 announced a 21-day nationwide lockdown as a precautionary measure to contain the spread of COVID-19. The lockdown was later extended till May 3.

As many as 2,617 COVID-19 cases have been reported in Rajasthan, as per the latest update by the state Health Department.

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News Network
April 4,2020

Kochi, Apr 4: France on Saturday evacuated 112

French citizens stranded in Kerala and Tamil Nadu in a special Air India flight, official sources said here.

The Embassy of France had made a request to the Kerala government to facilitate the journey of the French citizens stranded due to the lockdown announced by the central government to prevent the spread of novel coronavirus.

The French citizens, mostly tourists and those who came for Ayurvedic treatment, were brought here by the state tourism department 24 days ahead of their trip.

They underwent a medical examination before boarding the flight for Paris from Cochin International Airport at 08.13 am on Saturday, officials said.

The Air India flight was chartered by the French government for evacuating its citizens in various cities in India including Kochi, Bengaluru and Mumbai.

On Friday, Gulf nation Oman had evacuated its 46 citizens stranded in Kochi in an Oman Air flight.

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