Invest In India: Foreign Direct Investment

Foreign Direct investment in India

India permits Foreign Direct Investment (FDI) or collaborations in almost all sectors except the following: 

- Atomic Energy

- Arms and ammunition

- Railway Transport 

- Coal and lignite

- Mining of iron, manganese, chrome, gypsum, gold, diamonds, copper and zinc 

A prior government approval is required for every foreign Investment or collaboration/joint venture in India in most cases. The approval may be automatic or special, as mentioned below.

Independence of the Judiciary from the Executive

Although the Parliament has powers to impeach a judge of the Supreme Court or the High Court, this is a power which is very difficult to exercise in practice. Not a single judge has been removed by the Parliament in more than 50 years of independence.

India Direct Investment Law

Judges of the Supreme Court and the High Court have enormous freedom from political and other interference during their tenure. However inroads are being sought to be made (and resisted by the Judiciary) through lack of transparency and giving importance to political and sectarian considerations in the appointment of judges.

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India Foreign Direct Investment

Fundamental Rights and Duties

The Constitution prescribes certain fundamental rights such as equality before the law (which includes protection from arbitrary action of the State), freedom from discrimination on grounds of religion, race, caste, sex or place of birth, equality of opportunity in matters of public employment, freedom of speech and expression, right to assembly peacefully without arms, to form association or unions, to move freely through India, to reside and settle in any part of India, protection against deprivation of life and personal liberty, freedom of conscience and the profession, practice and propagation of religion.

Direct Investment

Neither the Union nor the State legislative, executive or judiciary can act in violation of these fundamental rights. The right to property ceased to be a fundamental right from 1979 onwards but the Constitution provides that no person shall be deprived of his property save by authority of law.