Yes!! probably only way to refer to Articles of constitution, and the democratic rights, which confer that no one to be deprived of privileges of life and no one to be paid more due to excise of MRTP. Is it not ? that Govt in one hand can't produce good quality of arms and at the other hand restricting it's free nationals to own it and exercising MRTP ?
Yes I agree with your opinion and would like to add the following:
No policy or law can be made to undermine an the act of parliament or objectives sought to be achieved by an act of parliament or the fundamental rights guaranteed by Constitution. The following are my points:
Undermining an act of Parliament i.e. Arms Act 1959:
1) By putting firearms under restricted category of EXIM Policy is against the Section 10, sub-section 1,clause a) of Arms Act 1959. The Section 10, sub-section 1, clause a) clearly indicates that if my arms license allows me to own a particular firearm, I have the right to import a firearm of that particular category without a license for importing it. Detailed discussion about this has been done at
http://www.indiansforguns.com/viewtopic ... 79&start=0
2) Undermining the objectives sought to be achieved by the objects of Arms Act 1959:
The objects of Arms Act 1959 get defeated by placing firearms under restricted list of import policy at one hand and on the other hand creating monopoly of IOF. Since IOF has monopoly, it has priced its firearms at prices which are beyond the reach of common man. If import restriction is removed a common man will be able to purchase firearms of much reliable and consistent quality at the fraction of the cost. Following are the objectives of Arms Act 1959 that are getting defeated:
(ii) that weapons for self-defence are available for all citizens under license unless their antecedents or propensities do not entitle them for the privilege; and
(iii) that firearms required for training purposes and ordinary civilian use are made more easily available on permits;
(c) to co-ordinate the rights of the citizen with the necessity of maintaining law and
order and avoiding fifth-column activities in the country;
(d) to recognize the right of the State to requisition the services of every citizen in
national emergencies. The licensees and permit holders for firearms, shikaris, target
shooters and rifle-men in general (in appropriate age groups) will be of great service
to the country in emergencies, if the Government can properly mobilize and utilize
them.
3) Section 5 of the The Foreign Trade (Development and Regulation) Act, 1992 empowers the Central Government to announce the Foreign Trade Policy.
Section 5: The Central Government may, from time to time, formulate and announce, by notification in the Official Gazette, the foreign trade policy and may also, in like manner, amend that policy.
Preamble of Foreign Trade (Development and Regulation) Act, 1992:
An Act to provide for the development and regulation of foreign trade by facilitating imports into, and augmenting exports from, India and for matters connected therewith or incidental thereto.
Placing of firearms under restricted category is in no way serving the objectives of Foreign Trade (Development and Regulation) Act, 1992.
4) The objectives of the Competition Act 2002 are to prevent anti competitive practices, promote and sustain competition, protect the interests of the consumers and ensure freedom of trade.
By placing firearms in restricted list of EXIM Policy the objectives sought to be achieved by the Competition Act 2002 are also getting violated.
For points from 1 to 4 scope of "overriding effect" of the act may also be investigated. It is discussed at
http://www.lawyersclubindia.com/article ... e-3720.asp
5) The fundamental rights of citizens especially RKBA get defeated by placing firearms under restricted list of import policy at one hand and on the other hand creating monopoly of IOF. Since IOF has monopoly, it has priced its firearms at prices which are beyond the reach of common man. If import restriction is removed a common man will be able to purchase firearms of much reliable and consistent quality at the fraction of the cost. One can contend that RKBA is a fundamental right on lines of this discussion
http://www.lawyersclubindia.com/forum/R ... -36011.asp