12/22/1789: Justice Levi Woodbury born. The post Today in Supreme Court
History: December 22, 1789 appeared first on Reason.com.
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Sunday, January 22, 2012||PERMALINK
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#lrose,
India,
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Supreme Court,
Vodafone
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While India ’s
underbelly, its cricket pride, is being battered around the world, it looks
like its judiciary thinks it is time to play ball. The Supreme Court has ruled
that the $2.2
billion claim of the Indian tax department on Vodafone for the
purchase of shares from Hutchinson
is illegal. It has taken the judges of the Supreme Court to see that India
needs to play fair to claim its position among the G20.
No doubt, the remaining ‘five
star’ communists of India
and its available polit buro in Delhi ,
will see this as an overture by Indian judiciary, even a gross capitulation, to
the American Imperialism. However its cautious secretary, Prakash
Karat is likely to stay clear of any comments against the judgement as it
can be construed as contempt of court in India
for which he can be locked up in the infamous Tihar Jail which already holds a
number of Indian politicians.
The credibility of India, as a democratic nation ripe and mature for free market and
holding out huge potential for growth, which attracted massive inflow of
western capital in recent years, was going for a toss, abetted by all kinds of
obstructionist and partisan politics as well as sporadic
vigilante activism.
In fact one of the Supreme Court
judges who qualified the tax as “Capital Punishment”, an act against capitalism.
The demand for $2.2 billion in capital gains tax "would amount to imposing
capital punishment for capital investment since it lacks authority of
law...," K.S. Radhakrishnan, one of the three judges ruling on the case,
said in his order.
It looks like, fortunately for
India, its judiciary, the only democratic institution with power to arbitrate
on contentious political issues, has come to realise that it is time for India
to behave like a true G20 nation to lay its claim to a seat.
Despite the moral aspect of the
case, arising out of the fact that the case related to taxing a deal between
two foreign multinationals which operated and generated the capital gain over
operations in the Indian soil, and previous judgement by the lower courts and
by itself against Vodafone, the Supreme Court has chosen to arrest the damage
to the reputation of India as a safe destination for foreign capital.
Can this be taken as a sign that doing
business in India is entirely safe for foreign companies? The truth is that
India , which
has only seen a series of set backs to its growth in the past year and faced
with huge budget deficit, has no choice but to aggressively attract foreign
capital.
For the political movements which
prefer to drive looking in the rear
mirror, like that of Prakash Karat, it is time to stop over and consult their
road maps like the political redefining of ideology he has recently published.
For the Indian leadership which
in fact realised that this is only way out, from the days when India went
nearly bankrupt from its socialist agenda of four decades, in the late
nineties, it is a matter of continuing the reforms it has initiated and taking
the fast lane to progress.
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