oppn parties Supreme Court Allows Trading In Virtual Currency Through Banking Channels

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
oppn parties
Supreme Court Allows Trading In Virtual Currency Through Banking Channels

By Sunil Garodia
First publised on 2020-03-05 11:56:21

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court has quashed the RBI circular issued in 2018 that prevented platforms dealing in cryptocurrency to use normal banking channels for their operations. That in effect meant that despite there being no ban on cryptocurrency, a ban was put in place for its trading as any business could have only taken place if people were allowed to pay for their trade through banking channels. The Supreme Court was of the view that while the RBI was competent to regulate on the issue, its orders must pass the test of proportionality. The court felt that the instant order had failed that test.

A bench of Justices R F Nariman, Aniruddha Bose and V Ramasubramanian said that since there was no evidence of the banking and financial sectors having suffered any loss or damage due to trading and circulation of virtual currency and since there was no ban on it, there was little logic in just putting a ban on the trading of the same through banking channels. It also noted that such a ban has had the effect of crippling such trade to the detriment of the business of the petitioners.

Although the petitioners had questioned the locus standi of RBI in issuing such an order, the Supreme Court rejected their plea. The petitioners had argued that since virtual currencies were not legal tender, the RBI could not regulate the sector. But the court said that the RBI had the powers to regulate cryptocurrency and it may issue circulars or guidelines which the companies dealing in virtual currency would have to abide by. But the court was insistent that in doing so, the RBI must adhere to the test of proportionality.  

The court was concerned about two issues. It said that the RBI had insisted that virtual currencies were not banned. Further, it said that despite two high-powered having submitted draft bills on virtual currencies, the government was yet to take any decision in the matter. It held that since virtual currencies were not banned, trading in them through the use of banking channels could not be banned by an RBI circular.

But the court was categorical about the powers of the RBI to regulate the sector. It said that although the RBI was a statutory body, it was not just another statutory body by virtue of its prominent and exclusive role in regulating the country's banking and financial sectors. The court said that "the RBI is not just like any other statutory body created by an Act of legislature. It is a creature, created with a mandate to get liberated even from its creator". The court added that the RBI "is specifically empowered to do certain things to the exclusion of even the central government. Therefore to place its decisions at a pedestal lower than that of even an executive decision would do violence to the scheme of the Act".

This is a landmark order that reiterates and even widens in a sense, the powers the RBI has under the RBI Act and the Banking Regulation Act but at the same time reaffirms that these powers are not unbridled and all decisions or orders of the central bank must pass the test of proportionality. The court has, in effect, said that although the RBI has the mandate to even get liberated from its creator, it does not have the mandate to make decisions or pass orders that do not strike a balance between the benefits that might accrue and the damage that might happen because of its actions.