Sharma contended that the notification was in violation of existing Reserve Bank of India (RBI) guidelines which do not permit foreign direct investment (FDI) in multi brand retail and that the government could not overrule RBI regulations by a notification. Lodha and Justice Anil R. Dave held that policymaking was the prerogative of the government, but sought the assistance of top government law officials to understand the issues raised in the petition against the opening of retail sector for foreign investment..
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