RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/IND/10
30 March 1999
(99-1255)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Reply from INDIA
to additional question posed by CANADA1
The following communication, dated 25 March 1999, has been received from the Permanent
Mission of India.
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Q. In reply to Question 3 from Canada, contained in document G/SG/Q1/IND/4, India
states that there is no provision for appeal aga inst the finding of the DG (Safeguard).  Could
India clarify whether India's general administrative law provides for the judicial review of afinding of the DG (Safeguard)?  If so, could India clarify what is the scope of such a judicial
review, in particular whether it can remand a finding of serious injury?
Reply
India's Constitutional Law provides for the judi cial review of a finding of Director-General
(Safeguards), made in the exercise of his statut ory powers, by the Supreme Court under Article 32 and
by the High Courts under Article 226 of the Constitu tion of India.  The power of the Courts extend to
issuing orders, writs or directions as may be considered necessary for enforcement of fundamental
rights and in the case of High Courts for other purp oses as well, i.e. the enforcement of any legal right
and performance of any legal duty.  The Courts can, under these Articles, give any directions
requiring affirmative action or positive activity.
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1 G/SG/Q1/IND/6