|
India must urgently file an amicus curiae brief in the U.S. Supreme Court to counter the Trump administration's move to justify punitive tariffs by citing its oil trade with Russia, according to a report by the Global Trade Research Initiative (GTRI).
On September 4, 2025, the Trump administration filed an appeal before the U.S. Supreme Court to validate tariffs that had earlier been struck down by lower court. This appeal explicitly names India's purchases of Russian oil as justification for the existence of tariffs. GTRI stated that "By staying silent, India risks letting Trump's claim--that its oil trade justifies punitive tariffs--stand unchallenged at America's highest court". The US administration has directly cited India's Russian oil imports to defend sweeping duties, raising the stakes for New Delhi as it considers how best to respond. India cannot be a direct party in the case, which is between the Trump administration and American businesses that challenged the tariffs. However, GTRI stressed that New Delhi has a narrow window to make its voice heard. The most effective path would be through an amicus curiae brief, a "friend of the court" submission that would formally place India's objections on record. By filing such a brief, India could strengthen the arguments of U.S. businesses opposing the tariffs, highlighting why the duties, as high as 50 percent, are unlawful and discriminatory, and prevent Trump's narrative from going uncontested. The report said India's amicus brief must begin with a strong statement of interest, pointing out that tariffs of up to 50 percent directly hit USD 91.2 billion of Indian exports to the U.S. These include labour-intensive sectors such as shrimp, apparel, and auto components. The measures not only damage Indian businesses but also increase costs for American importers and consumers The most fundamental argument, GTRI noted, is sovereignty in energy security. Every nation has the right to secure reliable and affordable energy. India's oil imports from Russia are entirely legal, transparent, and within international norms. Penalizing such sovereign choices through trade sanctions sets a dangerous precedent for global governance. By filing an amicus curiae brief, India would ensure its case is heard at the highest level of the U.S. judiciary. It would challenge the logic that its Russian oil imports justify crippling tariffs and reinforce India's rights under international law. (ANI)
|
