oppn parties Demonetization: Judicial Closure

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Demonetization: Judicial Closure

By Our Editorial Team
First publised on 2023-01-03 06:41:17

About the Author

Sunil Garodia The India Commentary view

The Supreme Court upheld the constitutional validity of 2016 demonetization in a split (4-1) verdict. The majority judgment of the 5-member Constitutional bench, delivered by Justice B R Gavai, held that economic policies were the exclusive domain of the executive and regardless of the fact whether the stated objectives of the policy were met or not, the judiciary cannot interfere in the process if the procedure followed to implement the policy was not unlawful. It held that the Centre consulted the RBI in a correct manner before implementing the policy. It also held that the 52-day window granted to exchange demonetized currency was reasonable and no fresh window can be granted. The dissenting judgment came from Justice B V Nagarathna who held that although the government 'consulted' the RBI, it just sought its 'advice' and the RBI did not 'recommend' demonetization for there was no independent application of mind by the apex bank. That, according to Justice Nagarathna, violated the provisions of the RBI Act. She also ruled that the government should not have adopted the gazette notification route and should have discussed the matter in Parliament.

Although Justice Nagarathna has raised important questions about RBI's independence and its powers to recommend certain policy matters to the government, the fact remains that decisions like demonetization as an economic policy will always be taken by the Centre. The main points of criticism of demonetization - that it did not achieve its stated objectives, that it caused immense hardships to the people and that it did not reduce cash in the economy (which has in fact now ballooned to twice the quantum it was before demonetization) were not the questions before the Supreme Court. Its brief was to examine whether the government had failed to follow legal procedure in implementing the policy or whether the decision was arbitrary. On both counts, the majority view was that there was nothing amiss. With this verdict, a judicial closure has been achieved for the 2016 demonetization. But hopefully, the government has learnt its lessons and henceforth, economic policies that impact almost the entire citizenry or have grave consequences for the economy will be implemented in a better and more thoughtful manner and with greater empathy.