 |
| [Image/gfx© news.BDTV.in] |
New Delhi: Indian Supreme Court on Friday asked the
government's top law officer for clarifications on legal sanctity behind the Indian
government's decision to allow FDI in retail sector and to open the Indian
market for foreign supermarkets.
The apex court has sought the clarification
that on what conditions the government has cleared the FDI in retail last
month.
Hearing public interest litigation (PIL)
against the approval of FDI policy, it has asked the attorney general or
solicitor general to place the government's view on the PIL.
The court's request is considered to be
informal, in an attempt for it to fully understand the matter.
Earlier in this regard ML Sharma a Supreme Court advocate in his PIL filed to
the apex court, has challenged the FDI in retail policy on procedural grounds.
It argues that existing Reserve Bank of India guidelines does not allow FDI in
this sector and that the government has allowed this without changing RBI
regulations.
The Supreme Court has strongly realised as
it said while hearing the anti-FDI PIL, that the decision to allow FDI in multi-brand
retail was the sole prerogative of the government as some has praised it while criticism
over the issue can’t be denied, but nothing ultra vires (against the law).
The court, while hearing the anti-FDI PIL,
also said, "Don't change this court into making executive decisions. We
have to see whether in the absence of amendment in the RBI regulations (if
this) this notification will have legal sanction."
The government has made all its remarks, hearing the government's revision
petition on the court's directions on auction of natural resources as
well. The court will take up the case on Friday.