International tribunal has criticised Supreme Court: CPI-M MP

Raising the issue during Zero Hour, P Rajeeve (CPI-M) said the tribunal has criticised the Supreme Court of the country and the Indian judiciary in general.

"It is very shocking that investors can sue the Government of India under a bilateral treaty," he said referring to the ruling of the panel which held that the government of India breached its obligations towards an Australian mining company, White Industries, under the India-Australia Bilateral Investment Treaty (BIT).

The International Tribunal order came at a time when the Indian government was considering dropping from the country's bilateral trade agreements a clause that permits a foreign investor to sue the host country government at an international dispute settlement agency.

Noting that the government of India had appointed one member in the tribunal, while the other was from Australia, Balagopal pointed out that the tribunal gave unanimous order against the Government of India. He resented that the tribunal made remarks against the Indian judiciary.

"This is an attack on the sovereignty of the Indian judicial system, on the sovereignty of the country. Government is not ready to make any statement. There is no action against the the GoI nominee (to the tribunal)," Balagopal said.

Maintaining that the independence of the judiciary is a noble concept of Indian Constitution, the CPI-M member said the executive cannot enter into treaties which affect the sovereignty of the judiciary.

"I urge the Government of India to revisit bilateral treaties," he said. His colleague Tapan Sen demanded an inquiry into all bilateral treaties entered by the government.