Jul 4, 2024

Demonetisation of ₹1,000 & ₹500 notes upheld by Supreme Court

Supreme Court says there was consultation between the Centre and the RBI before demonetisation.  There was a reasonable nexus to bring such a measure, and we hold that demonetisation was not hit by doctrine of proportionality, says Supreme Court.

The court said the notification dated November 8, 2016, which announced the decision to scrap the high-value currency notes, cannot be said to be unreasonable and struck down on the ground of decision-making process.

Besides Justices Nazeer, Gavai and Nagarathna, the other members of the five-judge bench are Justices A S Bopanna and V Ramasubramanian.

Earlier, it had asked the Centre and Reserve Bank of India to place before it the records pertaining to the 2016 demonetisation decision in a sealed envelope.

It had said that it has the power to examine the manner in which the decision for demonetisation was taken adding that the judiciary cannot fold its hands and sit just because it is an economic policy decision.

The top court’s remarks came when the Reserve Bank of India counsel made the submission that judicial review cannot apply to economic policy decisions.

 

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