Is the Indian Supreme Court Business Friendly?
As India struggles to find its footing moving towards a more open, more de-regulated, more private economy, one would imagine that the highest judicial authority in India (the Supreme Court) understands the urgent nature of this transformation.
Their recent decision to force private hospitals to treat patients that government hospitals could not treat comes as a slap in the face of Indian Industry. How are private companies expected to thrive in an environment where they are forced to go against their core nature of providing services for payment?
And where private enterprise does not blossom, neither do jobs, infrastructure or security.
In other words, the Supreme Court justices have shown that they care less for a secure, prosperous India than they do to show their ‘soft heartedness’. Their job is not about being ‘soft-hearted’ or any kind of hearted. Their job is to be fair and balanced. And ‘forcing’ a private hospital is neither fair nor balanced.
More importantly, it is unconstitutional (India’s constitution guarantees the pursuit of any industry without interference from the government – insert laughter here – since the government interferes in just about EVERYTHING they possibly can).
When the guardians of the constitution are out conducting unconstitutional acts, a country needs to start looking out for new guardians.
The correct solution to this issue would have been to provide more government hospital resources – since it is their failure that caused the issue to begin with. One cannot expect private industry to do the cleaning up for failed government hospitals. And one certainly cannot ORDER a private business to do so!
The government’s argument is that the private hospitals were given the land at a discounted rate – with the condition that they take in X number of poor patients. If the government is really interested in encouraging industry, it SHOULD offer the land at low rates – WITHOUT any precondition! Everyone gets to benefit if a businessman decides to build a hospital (or any useful busines) on a piece of land. The rest of the world does just this – offers incentives to businesses to set up shop. And they do so without any ‘you pat my back, I’ll pat yours’ deal. Because they are smart enough to realize that business setting up shop – is in itself the best thing for the economy of the region!
Anuj holds professional certifications in Google Cloud, AWS as well as certifications in Docker and App Performance Tools such as New Relic. He specializes in Cloud Security, Data Encryption and Container Technologies.
Anuj Varma – who has written 1217 posts on Anuj Varma, Hands-On Technology Architect, Clean Air Activist.
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