oppn parties Demonetization: Judicial Closure

News Snippets

  • The home ministry has notified 50% constable-level jobs in BSF for direct recruitment for ex-Agniveers
  • Supreme Court said that if an accused or even a convict obtains a NOC from the concerned court with the rider that permission would be needed to go abroad, the government cannot obstruct renewal of their passport
  • Supreme Court said that criminal record and gravity of offence play a big part in bail decisions while quashing the bail of 5 habitual offenders
  • PM Modi visits Bengal, fails to holds a rally in Matua heartland of Nadia after dense fog prevents landing of his helicopter but addresses the crowd virtually from Kolkata aiprort
  • Government firm on sim-linking for web access to messaging apps, but may increase the auto logout time from 6 hours to 12-18 hours
  • Mizoram-New Delhi Rajdhani Express hits an elephant herd in Assam, killing seven elephants including four calves
  • Indian women take on Sri Lanka is the first match of the T20 series at Visakhapatnam today
  • U19 Asia Cup: India take on Pakistan today for the crown
  • In a surprisng move, the selectors dropped Shubman Gill from the T20 World Cup squad and made Axar Patel the vice-captain. Jitesh Sharma was also dropped to make way for Ishan Kishan as he was performing well and Rinku Singh earned a spot for his finishing abilities
  • Opposition parties, chiefly the Congress and TMC, say that changing the name of the rural employment guarantee scheme is an insult to the memory of Mahatma Gandhi
  • Commerce secreatary Rajesh Agarwal said that the latest data shows that exporters are diversifying
  • Finance Minister Nirmala Sitharaman said that if India were a 'dead economy' as claimed by opposition parties, India's rating would not have been upgraded
  • The Insurance Bill, to be tabled in Parliament, will give more teeth to the regulator and allow 100% FDI
  • Nitin Nabin took charge as the national working president of the BJP
  • Division in opposition ranks as J&K chief minister Omar Abdullah distances the INDIA bloc from vote chori and SIR pitch of the Congress
U19 World Cup - Pakistan thrash India by 192 runs ////// Shubman Gill dropped from T20 World Cup squad, Axar Patel replaces him as vice-captain
oppn parties
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.