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INDIA'S SOVEREIGNTY VIOLATION.

edited June 2014 in Political Science
Our constitution says SC being an important organ, will be the highest court of appeal, nothing could be discussed against its verdict even in parliamentary sessions.
the story is, there was a production sharing agreement b/w RIL and petroleum ministry, according that agreement both parties would get redressed by london court, if any dispute arises out of this contract in future.
now dispute came to fore because petro ministry taxing much on production in some fields, subsequently RIL reopened those clauses of agreement in front of SC, ironically SC approved RIL's intention of getting redressed by london court.!!!!
does not it amount to derogation of higher dignity that been conferred on SC,??
SC, being an important constituted organ, not its act amount to violation of india's sovereignty ??

Comments

  • The keyword "agreement" is the answer to your question. It was agreed beforehand by RIL and GoI that any dispute will be decided not by SC but by court in London. The jurisdiction of SC is deliberately excluded in this case. It is common to find this kind of arrangement in PPP contracts (another example was dispute redressal between GMR and Maldives not by Maldivian court but by court in Singapore).
  • edited June 2014
    But SC has said that, wherever be the arbitration process, that must be in accordance with indian laws!! how are london judges going to interpret all relevant indian laws?? what if some other countries keep using london courts like as we does??
  • Indian laws here would be interpreted as 'in accordance with Indian policy prerogatives'. The agreement calls for international arbitration to maintain neutrality and non-partisanship.
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