‘Unlawful, vitiated’, Justice Nagarathna on demonetisation of Rs 500 & Rs 1,000 currency notes

New Delhi : Supreme Court judge Justice B.V. Nagarathna, who dissented with the majority view on the Centre’s 2016 demonetisation decision, said the demonetisation of the Rs 500 and Rs 1,000 currency notes was unlawful and vitiated.

Justice Nagarathna said the objective of the Central government may have been sound, but the manner in which set objectives were achieved and the procedure followed for the same, was “not in accordance with law…”

A five-judge constitution bench headed by Justice S.A. Nazeer and comprising Justices B.R. Gavai, A.S. Bopanna, V. Ramasubramanian, and B.V. Nagarathna pronounced the judgment on a clutch of petitions challenging the Centre’s 2016 decision to demonetise currency notes of Rs 1,000 and Rs 500 denominations.

The top court affirmed the Centre’s 2016 decision to demonetise currency notes of Rs 1,000 and Rs 500 denominations with a 4:1 majority.

In her minority judgment, Justice Nagarathna held that the demonetisation of the Rs 500 and Rs 1,000 currency notes was vitiated and unlawful.

Justice Nagarathna said: “I am of the considered view that impugned notification dated November 8, 2016…is unlawful. In the circumstances the action of demonetisation of all currency notes Rs 500 and Rs 1,000 currency notes is vitiated…”

Justice Nagarathna emphasized that she is not questioning the ‘noble objectives’ of the exercise itself, but only the legal viewpoint and status quo ante cannot be restored now since the action occurred in 2016.

She noted that there was no independent application of mind by the Reserve Bank of India (RBI), and the entire exercise was carried out in 24 hours and added that the power of the Central government being vast has to be exercised through a plenary legislation rather than by an executive act by issuance of notification.

“It is necessary that Parliament, which consists of the representatives of the people of the country, discusses the matter and thereafter, approves the matter,” she said.

She further added that the proposal originated from the Centre while the RBI’s opinion was sought and such an opinion given by the RBI cannot be construed as a recommendation under section 26(2) of the RBI Act.

Justice Nagarathna said: “Parliament is often referred to as a nation in miniature. It is the basis of democracy… Parliament, which is the centre of democracy, cannot be left aloof in a matter of such critical importance.”

Delhi HC allows minor rape victim to terminate pregnancy, frames MTP guidelines in rape cases

‘Denying a woman the right to medical termination of pregnancy in sexual assault cases amounts to denying her the human right to live with dignity’ Woman has a right in...

PMLA: SC asks UP court to adjourn Rana Ayyub case hearing till Jan 31  

Rana moved SC contending that the UP court does not have jurisdiction to hear the matter since the complaint arose in Mumbai Rana’s lawyer Vrinda Grover reportedly cast aspersion on...

Kerala HC stays conviction of former Lakshadweep MP Mohammed Faizal in attempt to murder case

Kochi: The Kerala High Court on Wednesday stayed the conviction of Lakshadweep MP Mohammed Faizal, who was sentenced to 10 years imprisonment by the Kavaratti Sessions Court in an attempt...

SC grants 8-week interim bail to Ashish Mishra in Lakhimpur Kheri case

New Delhi: The Supreme Court on Wednesday granted an eight-week interim bail to Union Minister Ajay Kumar Mishra's son Ashish Mishra, the key accused in the 2021 Lakhimpur Kheri violence...

Delhi HC notifies rules prohibiting recordings, live-streaming of court proceedings 

Court defined live streaming as a live television link, webcast, audio-video transmission via electronic means Archival Data means audio and visual data recorded during the conduct of the proceedings and...

Marriage before 18 years cannot be annulled: K’taka HC

Bengaluru: The Karnataka High Court has ruled that the marriage of a woman that has taken place before her attaining 18 years of age cannot be annulled. The bench also...

Karnataka hijab ban: SC considers setting up 3-judge bench

I will examine it. This is a three judge bench matter. We will allot a date: CJI Justice Chandrachud With the SC delivering a split verdict in October 2022, the...

SC junks CBI’s plea against bail granted to Anil Deshmukh

New Delhi: The Supreme Court on Monday declined to entertain a plea by CBI challenging bail granted by the Bombay High Court to former Maharashtra Home Minister Anil Deshmukh regarding...

Judges’ appointment: Law Minister shares video of HC judge saying SC ‘hijacked Constitution

'New Delhi: Amid the ongoing row between the Centre and judiciary over appointment of judges, Law Minister Kiren Rijiju on Sunday cited comments by a retired high court judge that...

Khushi Dubey finally released after 30 months in jail

Kanpur (Uttar Pradesh): Khushi Dubey, an accused in the Bikru massacre and widow of slain gangster Amar Dubey, was released from jail on the orders of the Supreme Court, late...

Gujarat court says cow urine cures diseases, dung protects from radiation; sentences 22-yr-old to life

A Gujarat court handed out life imprisonment to a 22-year-old man for transporting cows ostensibly for slaughter and listed out utilities of the excreta of the animal apparently to substantiate...

SC protects filmmaker Leena Manimekalai from arrest over goddess Kaali poste

New Delhi : The Supreme Court on Friday granted interim protection from arrest to filmmaker Leena Manimekalai in multiple FIRs lodged against her for depicting Hindu goddess Kaali smoking a...

Read Previous

Chhattisgarh: Mob vandalizes church, attacks Christian families; senior cop among others hurt

Read Next

Ex-Pak Army officer claims Pakistani actresses used as ‘honey traps’ by country’s establishment

Leave a Reply

Your email address will not be published.

WP2Social Auto Publish Powered By : XYZScripts.com