Thursday, July 13, 2023

Foreigners stupid?

"India has the mechanisms to tweak bilateral investment treaties for quick resolution of disputes" as "India parallelly negotiates bilateral investment treaties (BIT) - along with free trade agreements - with the UK and EU, which seek better investment protection and faster resolution of disputes," wrote Ravi Dutta Mishra. "India has so far stuck to its position favoring 'local remedies' to resolve investment-related legal disputes rather than agree to independent international arbitration after some high-profile losses." "New Delhi now insists that all BITs have to be negotiated using a template provided by a model treaty that favors state rights over investor rights." They must think that leaders of other nations are idiots who will allow their businesses to invest billions of dollars in a country where the government overrides a judgement of the Supreme Court by just passing an ordinance. An ordinance is passed by the government without parliamentary approval. wikipedia. The Aam Aadmi Party (AAP) won 62 seats out of 70 in the Delhi Assembly and so constitutes the government of Delhi. wikipedia. However, in 2021 the central government controlled by the Bharatiya Janata Party (BJP) of Prime Minister Narendra Modi passed a law taking away all powers of the elected Delhi government. "A month after Parliament passed a controversial bill giving sweeping powers to Delhi's Lieutenant Governor (LG), the Centre...notified the law that makes his prior opinion a must before every executive action by the Arvind Kejriwal-led Delhi government, and every legislative action by the state assembly." HT on 29 Apil 2021. The LG is appointed by the President on advice from the central government. In a dispute between the elected government of Delhi and the LG over who controls the bureaucracy, "The Supreme Court...in a unanimous judgement ruled in favor of the elected government and said it will have power on all services except law and order and land." HT on 11 May 2023. Almost immediately, "In a big, dramatic move, the Centre...promulgated an ordinance to nullify the recent Supreme Court order that had given Delhi government control over officers.., and assigned the superintending jurisdiction over the entire officer cadre in the National Capital Territory to the lieutenant governor." TOI on 20 May 2023. When politicians make themselves above the law the bureaucrats follow. "Uttar Pradesh government officials have 'scant respect' for orders of the highest court of the land, the Supreme Court has observed,  condemning a delay of almost a year by the state in complying with directions regarding remission of some convicts serving life sentences." HT. "The principle of sovereignty denotes that the source of governmental power or the sovereignty lies with the people." legalserviceindia.com. But, here politicians do whatever they please. Override or ignore the Supreme Court at will. And, they think foreign governments will agree to 'local remedies'. Only if they are brain dead.

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