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SC not to stay FDI in retail; urges RBI to amend norms

16 Oct 2012 Evaluate

Differing with the public interest litigation (PIL) filed by advocate M L Sharma, which accused that the centre’s decision to allow Foreign Direct Investment (FDI) in multi-brand retail is without the authority of law, the Supreme Court of India has refused to stay the policy by suggesting that irregularity for want of legal sanction can be rectified and urged RBI to amend Foreign Exchange Management Act (FEMA) regulations to allow implementation of the government's policy.

The PIL filed by lawyer M L Sharma had challenged the retail FDI policy by pointing out that the RBI's nod was missing and also claimed that it has issued the policy without the authority of law as approval of neither the President nor the Parliament was secured. Agreeing with the contention raised in the petition, the bench however noted that the RBI has already issued circular amending FDI limit, albeit it has not formally amended the regulations.

The apex court had rejected the allegation by pointing that the policy is not necessarily be in the name of the President and is never required to be placed before Parliament. The court also noted that the correctness of the norms 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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