MANOHAR LAL SHARMA versus UNION OF INDIA AND ANOTHER
The FDI policy enabling up to 51% investment in Multi-Brand Retail Trading is an enabling policy, within the competence of the Central Government and relevant authorities, and does not suffer from constitutional or statutory infirmity; judicial interference is unwarranted as no illegality or arbitrariness is shown.
- Parties
- Petitioner: Manohar Lal Sharma; Respondent: Union of India; Intervenor: Swadeshi Jagaran Foundation
- Jurisdiction
- India
- Judgment Date
- 01 May 2013
- Procedural Posture
- Writ Petition (civil) / Final Disposition
- Outcome
- Writ Petition dismissed
- Legal Topics
- Foreign Direct Investment (fdi), Multi Brand Retail Trading, Government Policy, Executive Powers
Case Brief
Summary, issues, holding and outcome
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Parties
Manohar Lal Sharma
Petitioner
Union of India
Respondent
Swadeshi Jagaran Foundation
Intervenor
Procedural Posture
Writ Petition (civil) / Final Disposition
Legal Issues
- 1 Whether Press Note Nos. 4,5,6,7 and 8 (2012 Series) enabling FDI in Multi-Brand Retail Trading are unconstitutional or without authority of law
- 2 Whether the Central Government has competence to formulate FDI policy
Ratio Decidendi
The FDI policy enabling up to 51% investment in Multi-Brand Retail Trading is an enabling policy, within the competence of the Central Government and relevant authorities, and does not suffer from constitutional or statutory infirmity; judicial interference is unwarranted as no illegality or arbitrariness is shown.
Court Disposition
Writ Petition dismissed
Orders
- Writ Petition dismissed with no order as to costs
- Interlocutory Applications disposed of
Full Case Text
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