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Doing Business in India - RSM Austria

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4.2 Legal Environment<br />

The ma<strong>in</strong> sources of law <strong>in</strong> <strong>India</strong> are the Constitution statutes, customary laws and<br />

case laws. The country’s constitution provides for a s<strong>in</strong>gle <strong>in</strong>tegrated system of<br />

courts to adm<strong>in</strong>ister both Union and state laws. The judiciary <strong>in</strong> <strong>India</strong> is separated<br />

from the executives.<br />

At the apex of the entire judicial system is the Supreme Court of <strong>India</strong>, which<br />

consists of the Chief Justice and other judges. The Supreme Court has orig<strong>in</strong>al,<br />

appellate and advisory jurisdiction and its decisions are b<strong>in</strong>d<strong>in</strong>g on all courts with<strong>in</strong><br />

the territory of <strong>India</strong>. Each state (or two or more states together) has a High Court, a<br />

Chief Justice of the High Court and other judges who are appo<strong>in</strong>ted by the President<br />

<strong>in</strong> consultation with the Governor of the state. There is a hierarchy of subord<strong>in</strong>ate<br />

courts under the various High Courts, which extend to the local courts, which decide<br />

civil and crim<strong>in</strong>al disputes of petty and local nature.<br />

5.0 INFRASTRUCTURE<br />

5.1 Transport<br />

Internal public transportation <strong>in</strong> <strong>India</strong> is fairly well developed. The country is<br />

extensively covered by rail and road networks. This surface transport network is<br />

fairly supplemented by airl<strong>in</strong>e routes connect<strong>in</strong>g the major cities.<br />

The <strong>India</strong>n Railways, which is the largest public sector undertak<strong>in</strong>g <strong>in</strong> <strong>India</strong>, is the<br />

backbone of the <strong>India</strong>n Economy. It caters to both freight and passenger traffics and<br />

has a vast network of 6,867 stations spread over route length of about 62,900 kms.<br />

It is Asia’s largest and the world’s second largest railway system under a s<strong>in</strong>gle<br />

management.<br />

<strong>India</strong> has the second largest road network <strong>in</strong> the world with total road length of 3.3<br />

million kms. In 2009, freight traffic on the road is also fairly high and rema<strong>in</strong>s almost<br />

exclusively <strong>in</strong> the private sector.<br />

Inland water transport has not grown appreciably <strong>in</strong> the country because of poor<br />

port or land<strong>in</strong>g <strong>in</strong>frastructure. However, the <strong>in</strong>dustry is now grow<strong>in</strong>g and the<br />

government is ambitiously develop<strong>in</strong>g coastal shipp<strong>in</strong>g.<br />

<strong>India</strong> has bilateral air services agreements with over 100 countries. Air <strong>India</strong> is<br />

<strong>India</strong>’s official national carrier operat<strong>in</strong>g across both domestic and <strong>in</strong>ternational<br />

routes. In 2007, <strong>India</strong>n Airl<strong>in</strong>es the domestic national carrier was merged with Air<br />

<strong>India</strong>. <strong>India</strong>n Airl<strong>in</strong>es also operates on some <strong>in</strong>ternational routes. Upon the<br />

liberalization of the economy, an open sky policy was announced which has resulted<br />

<strong>in</strong> a number of private air taxi companies operat<strong>in</strong>g on some of the major trunk<br />

routes. Some of the major private air transport companies, operat<strong>in</strong>g on domestic<br />

and <strong>in</strong>ternational routes are Jet Airways, K<strong>in</strong>gfisher Airl<strong>in</strong>es, Indigo, Spice jet etc.<br />

DOING BUSINESS IN INDIA 3

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