India’s Supreme Court says 2016 demonetisation decision was legal
2 years ago

India’s Supreme Court says 2016 demonetisation decision was legal

Al Jazeera  

A five-judge bench upholds the legality of the move to demonetise 86 percent of the country’s cash in circulation. The Supreme Court of India has upheld the legality of the government’s decision in 2016 to demonetise 86 percent of the country’s cash in circulation, saying the decision was taken in consultation with the central bank and followed due process. “The … notification dated 8th November 2016 does not suffer from any flaws in the decision-making process,” Justice BR Gavai, one of the four judges who agreed on the decision, said in a written opinion. India’s main opposition Congress party said the top court decision said nothing about the impact of demonetisation, which the party called “a singularly disastrous move”. “The majority Supreme Court verdict deals with the limited issue of the process of decision-making, not with its outcomes,” party spokesman Jairam Ramesh said in a statement.

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History of this topic

Yearender 2023: A look at 10 big Supreme Court judgments
1 year ago

Yearender 2023: A look at 10 big Supreme Court judgments

India TV News  

Yearender: 2023 has been a year of various landmark judgments by the Supreme Court, whether it was on Article 370, the Delhi LG vs AAP government over the appointment of officers, or verdict on pregnant women's abortion plea, among others. Article 370 In a landmark judgement, the Supreme Court unanimously upheld the 2019 revocation of Article 370 of the Constitution …

Twitter Trolls Can Relax, Justice Gavai's 'Congress-Family' Links Don't Matter
1 year, 5 months ago

Twitter Trolls Can Relax, Justice Gavai's 'Congress-Family' Links Don't Matter

The Quint  

In January this year, a judgment authored by Justice Gavai upheld the union government’s demonetisation notification from 2016, stating that it “does not suffer from any flaws in the decision ­making process”. Court cannot supplant the wisdom of executive with its wisdom.” With regard to the petitioners’ case about the hardships that emanated from the sudden demonetisation exercise, the bench …

India top court says demonetisation was legal, victims disagree
1 year, 11 months ago

India top court says demonetisation was legal, victims disagree

Al Jazeera  

Tens of people reportedly died after Modi’s shock move to ban currency notes. “Bahut bheed-bhaad hoti thi,” Khan’s wife Khushnuma Begum told Al Jazeera, explaining the hardships as desperate people jostled with each other, often sparking off fights and disputes, in the long queues outside banks and ATMs. The Supreme Court of India, hearing 58 petitions challenging the Modi government’s …

Parsa Venkateshwar Rao Jr | SC leaves a lot of loose ends with demonetisation ruling
2 years ago

Parsa Venkateshwar Rao Jr | SC leaves a lot of loose ends with demonetisation ruling

Deccan Chronicle  

The Supreme Court should not have considered the entire question of demonetisation, and its validity or otherwise, in the first place. Gavai, delivering the majority judgment of four of the five judges -- the dissenting judgment of Justice B.V. Nagarathna deserves to be discussed separately because it addresses several important issues of governmental decision-making -- confessed: “The court cannot supplant …

Righteousness and politicising SC verdict on demonetisation will not help opposition but BJP
2 years ago

Righteousness and politicising SC verdict on demonetisation will not help opposition but BJP

Firstpost  

The verdict of demonetisation by the constitutional bench of the Supreme Court was neither surprising nor shocking. The opposition political parties and most importantly Congress have started to politicise the verdict based on the dissenting judge’s observations. Post demonetisation, then Congress’ deputy leader of Rajya Sabha, Anand Sharma told the house, “The Prime Minister’s sensational and theatrical announcement of 8 …

Justice Nagarathna’s Dissent in Demonetisation Decision is a Misplaced Soliloquy - News18
2 years ago

Justice Nagarathna’s Dissent in Demonetisation Decision is a Misplaced Soliloquy - News18

News 18  

The recent judgment of the Supreme Court holding the demonetisation process lawful is a step in the right direction for several reasons, the most important one being the elaborate interpretation of separation of powers that it upholds. While many proponents of the separation of powers doctrine may argue that the courts should never have gone into this domain in the …

SC judgement on demonetisation does not acquit Modi government: Opposition
2 years ago

SC judgement on demonetisation does not acquit Modi government: Opposition

The Hindu  

The Supreme Court judgment on the pleas challenging the centre’s 2016 demonetisation policy is limited to the issue of the process of the decision-making and not with its outcome, Congress General Secretary Jairam Ramesh said additionally noting that it would be entirely misleading to say that the top court has upheld the exercise. Though ideally, the top court should have …

Demonetisation Not Illegal Merely Because Proposal Originated From Central Govt; No Breach Of Sec 26(2) RBI Act : Supreme Court
2 years ago

Demonetisation Not Illegal Merely Because Proposal Originated From Central Govt; No Breach Of Sec 26(2) RBI Act : Supreme Court

Live Law  

The Supreme Court in its judgment upholding validity of demonetisation, observed that the word “recommendation” in Section 26 of RBI Act would mean a consultative process between the Central Board of Reserve Bank of India and the Central Government. Section 26 of the RBI Act reads thus: On recommendation of the Central Board, the Central Government may, by notification in …

Wrong to say SC has upheld demonetisation, verdict does not deal with outcomes: Cong
2 years ago

Wrong to say SC has upheld demonetisation, verdict does not deal with outcomes: Cong

Deccan Chronicle  

NEW DELHI: It is "misleading and wrong" to say the Supreme Court has upheld demonetisation, the Congress said on Monday, adding that the majority apex court verdict on the matter deals with the limited issue of the process of decision-making not with its outcomes. Congress leader Randeep Surjewala, however, said the SC verdict is "deeply disappointing" as the top court …

Wrong, misleading to say SC has upheld demonetisation; verdict does not deal with outcomes: Congress
2 years ago

Wrong, misleading to say SC has upheld demonetisation; verdict does not deal with outcomes: Congress

The Hindu  

It is “misleading and wrong” to say the Supreme Court has upheld demonetisation, the Congress said on Monday, adding that the majority apex court verdict on the matter deals with the limited issue of the process of decision-making not with its outcomes. Congress leader Randeep Surjewala, however, said the SC verdict is “deeply disappointing” as the top court has failed …

RBI Didn't Independently Apply Its Mind In Recommending Demonetisation, Entire Exercise Carried Out In 24 Hours : Justice BV Nagarathna
2 years ago

RBI Didn't Independently Apply Its Mind In Recommending Demonetisation, Entire Exercise Carried Out In 24 Hours : Justice BV Nagarathna

Live Law  

In her dissenting judgment in the pleas challenging demonetisation, Supreme Court judge Justice BV Nagarathna observed that there was no independent application of mind by the Reserve Bank of India in recommending the cancellation of entire Rs.500 and Rs.1000 notes as proposed by the Central Government.Justice Nagarathna formed this opinion after referring to the records relating to the. In her …

Whether Demonetisation Achieved Its Objects Is Not Relevant To Decide Its Legality : Supreme Court
2 years ago

Whether Demonetisation Achieved Its Objects Is Not Relevant To Decide Its Legality : Supreme Court

Live Law  

While upholding the demonetisation of Rs 500 and Rs 1000 currency notes carried out by the Central Government in 2016, the Supreme Court observed that the question whether the measure has achieved its objects is not relevant while deciding its legality.A Constitution Bench comprising 5 judges upheld the demonetisation exercise as valid by a 4:1 majority, with Justice BV Nagarathna …

Demonetisation had to be done through legislation: Justice Nagarathna
2 years ago

Demonetisation had to be done through legislation: Justice Nagarathna

Deccan Chronicle  

New Delhi: Justice B V Nagarathna of the Supreme Court, who gave a dissenting verdict on demonetisation on Monday, said the scrapping of the whole series of Rs 500 and Rs 1,000 currency notes had to be done through a legislation and not through a gazette notification as Parliament cannot be left aloof in a matter of such critical importance. …

‘Demonetisation Notification Was Unlawful': 10 Points from Justice Nagrathna's Dissenting Judgment
2 years ago

‘Demonetisation Notification Was Unlawful': 10 Points from Justice Nagrathna's Dissenting Judgment

News 18  

The November 8, 2016 notification of the central government demonetising currency notes of Rs 500 and Rs 1,000 denomination was “unlawful”, Justice BV Nagrathna said in her dissenting judgment on Monday even as the Supreme Court upheld the controversial note ban in a 4:1 verdict. In her dissenting judgment, however, Justice Nagrathna said though the move to scrap the high-value …

In Big Win for Centre, Supreme Court Upholds Demonetisation With 4:1 Judgment
2 years ago

In Big Win for Centre, Supreme Court Upholds Demonetisation With 4:1 Judgment

News 18  

In big win for the central government, the Supreme Court upheld the 2016 demonetisation move on Monday. Cong?s Attempt to Twist Issue, Misinform People Is Exposed: Law Minister Rijiju After the Supreme Court upheld the 2016 demonetisation move, Law Minister Kiren Rijiju said that Congress??malicious? P. Chidambaram knows he’s making a political argument when he states that the objectives were …

Demonetisation is valid, says SC in 4:1 majority judgment; Justice Nagarathna dissents
2 years ago

Demonetisation is valid, says SC in 4:1 majority judgment; Justice Nagarathna dissents

The Hindu  

A majority of four judges on a Constitution Bench of the Supreme Court on Monday found no flaw in the government’s process to demonetise ₹500 and ₹1000 banknotes through a gazette notification issued on November 8, 2016. Gavai, delivering the judgment for the majority which included Justices S. Abdul Nazeer, AS Bopanna, V. Ramasubramanian, said the statutory procedure under Section …

SC to pronounce verdict on pleas against demonetisation on Monday
2 years ago

SC to pronounce verdict on pleas against demonetisation on Monday

Deccan Chronicle  

New Delhi: The Supreme Court is scheduled to pronounce its judgment on Monday on a batch of pleas challenging the government's 2016 decision to demonetise currency notes of Rs 1,000 and Rs 500 denominations. According to Monday's cause list of the top court, there will be two separate judgements in the matter, which will be pronounced by Justices B R …

Supreme Court to pronounce verdict on pleas against demonetisation today
2 years ago

Supreme Court to pronounce verdict on pleas against demonetisation today

Firstpost  

New Delhi: The Supreme Court is scheduled to pronounce its judgment today on a batch of pleas challenging the government’s 2016 decision to demonetise currency notes of Rs 1,000 and Rs 500 denominations. The top court had, on 7 December, directed the Centre and the Reserve Bank of India to put on record the relevant records relating to the government’s …

Demonetisation decision does not suffer from any constitutional flaws: SC junks all 58 pleas against note ban
2 years ago

Demonetisation decision does not suffer from any constitutional flaws: SC junks all 58 pleas against note ban

India TV News  

The Supreme Court on Monday junked a batch of 58 pleas challenging the government's 2016 decision to demonetise currency notes of Rs 1,000 and Rs 500 denominations. The top court had, on December 7, directed the Centre and the Reserve Bank of India to put on record the relevant records relating to the government's 2016 decision and reserved its verdict. …

BJP hails SC’s decision to uphold demonetisation: 'Court ne maana government ki niyat...'
2 years ago

BJP hails SC’s decision to uphold demonetisation: 'Court ne maana government ki niyat...'

India TV News  

Demonetisation case: Reacting to Supreme Court’s decision to uphold the demonetisation policy, former law minister and senior Bharatiya Janta Party leader Ravi Shankar Prasad hailed the apex court's move to junk all 58 pleas against the note ban on Monday saying the court has accepted that government's decision was within the frame of the law. "Court ne maana government ki …

‘Majority has not upheld the wisdom of the decision’: Chidambaram on SC upholding demonetisation
2 years ago

‘Majority has not upheld the wisdom of the decision’: Chidambaram on SC upholding demonetisation

India TV News  

Demonetisation case: The Supreme Court in a 4:1 majority verdict on Monday upheld the government's 2016 decision to demonetise the Rs 1,000 and Rs 500 denomination notes, saying the decision-making process was not flawed. Congress leader and one of the petitioners P Chidambaram expressed his disappointment over the judgement saying, “once the Hon'ble Supreme Court has declared the law, we …

Was demonetisation a mistake? Supreme Court to announce verdict on 2 January
2 years ago

Was demonetisation a mistake? Supreme Court to announce verdict on 2 January

Firstpost  

A five-judge Constitution bench headed by Justice S A Nazeer is likely to pronounce its verdict on 2 January on a batch of pleas challenging the government’s 2016 decision to demonetise currency notes of Rs 1,000 and Rs 500 denominations New Delhi: The Supreme Court is scheduled to pronounce its judgment on 2 January on a batch of pleas challenging …

Challenge Against Demonetisation : Supreme Court Constitution Bench To Pronounce Judgment On January 2, 2023
2 years ago

Challenge Against Demonetisation : Supreme Court Constitution Bench To Pronounce Judgment On January 2, 2023

Live Law  

The Supreme Court will pronounce the judgment on the petitions challenging demonetisation on January 2, 2023. A Constitution Bench will rule on the validity of the decision taken by the Union Government six years ago to demonetise the currency notes of Rs. While reserving the judgment, t he Court had asked the Union Government and the Reserve Bank of India …

Supreme Court directs Centre, RBI to submit records behind demonetisation decision
2 years, 1 month ago

Supreme Court directs Centre, RBI to submit records behind demonetisation decision

The Hindu  

The Supreme Court on December 7 directed the Centre and the RBI to place on record the “relevant records” relating to the government’s 2016 decision to demonetise currency notes of ₹1,000 and ₹500 denomination for its perusal. Reserving its verdict on a batch of pleas challenging the Centre’s decision, a five-judge Constitution Bench headed by Justice S.A. Nazeer heard the …

SC directs Centre, RBI to put on record relevant records relating to demonetisation
2 years, 1 month ago

SC directs Centre, RBI to put on record relevant records relating to demonetisation

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday directed the Centre and the Reserve Bank of India to put on record relevant records relating to the government's 2016 decision to demonetise currency notes of Rs 1000 and Rs 500 denomination. Reserving its verdict on a batch of pleas challenging the Centre's 2016 decision, a five-judge constitution bench headed by Justice S …

Supreme Court directs Centre, RBI to produce records relating to 2016 demonetisation
2 years, 1 month ago

Supreme Court directs Centre, RBI to produce records relating to 2016 demonetisation

India TV News  

SC on demonetisation: The Supreme Court on Wednesday directed the Centre and the Reserve Bank of India to put on record relevant records relating to the government's 2016 decision to demonetise currency notes of Rs 1000 and Rs 500 denominations for its perusal. Reserving its verdict on a batch of pleas challenging the Centre's 2016 decision, a five-judge constitution bench …

Demonetisation | Won't Sit With Folded Hands, Can Examine Manner In Which Decision Was Taken, Says Supreme Court
2 years, 1 month ago

Demonetisation | Won't Sit With Folded Hands, Can Examine Manner In Which Decision Was Taken, Says Supreme Court

Live Law  

While hearing petitions challenging the 2016 banknote demonetisation decision, the Supreme Court said that it will not play the role of a silent spectator and sit quietly with folded hands only because it was an economic policy decision. We can always examine the manner in which the decision was taken," said Justice B.V. Nagarathna, one of the five judges sitting …

Would the government have brushed aside the Reserve Bank of India if it had objected to demonetisation, Supreme Court asks Centre
2 years, 1 month ago

Would the government have brushed aside the Reserve Bank of India if it had objected to demonetisation, Supreme Court asks Centre

The Hindu  

The Supreme Court on Monday asked the government whether it would have brushed aside objections from the Reserve Bank of India had the Central bank opposed the demonetisation policy. The question from the Constitution Bench led by Justice S. Abdul Nazeer came after Attorney General R. Venkataramani said the government and the RBI "acted in consultation" to notify demonetisation in …

'Well-considered Decision': Demonetisation Enforced After 'Extensive Consultation With RBI,' Centre Tells SC
2 years, 1 month ago

'Well-considered Decision': Demonetisation Enforced After 'Extensive Consultation With RBI,' Centre Tells SC

News 18  

Defending its move to demonetize currency notes of Rs 500 and Rs 1000 in 2016, the Centre on Wednesday told the Supreme Court that it was a “well-considered” move and was part of a larger strategy to combat fake money, terror financing, black money and more. “The withdrawal of the legal tender character of the specified bank notes was by …

Demonetisation 'well-considered' decision to combat black money, terror financing: Centre tells Supreme Court
2 years, 1 month ago

Demonetisation 'well-considered' decision to combat black money, terror financing: Centre tells Supreme Court

India TV News  

Highlights The step was taken after extensive consultation with the Reserve Bank of India, the Centre said Advance preparations were made before the note ban was enforced, it said A five-judge bench is hearing the issue and is slated to take up the matter on Nov 24 The 2016 demonetisation was a "well-considered" decision and part of a larger strategy …

Supreme Court adjourns to November 24 pleas against 2016 'demonetisation' by government
2 years, 2 months ago

Supreme Court adjourns to November 24 pleas against 2016 'demonetisation' by government

India TV News  

Highlights Constitution Bench of SC deferred hearing pleas challenging Centre's decision The plea is related to demonetize currency notes of Rs 500, Rs 1,000 in 2016 for November 24 SC want to conclude the hearing on this issue this year Demonetisation news: The Constitution Bench of the Supreme Court today deferred the hearing pleas challenging the Centre's decision to demonetize …

Six years on, jury is still out on efficacy of demonetisation
2 years, 2 months ago

Six years on, jury is still out on efficacy of demonetisation

Deccan Chronicle  

NEW DELHI: The jury is still out on the efficacy of the decision to demonetise high value currency notes on November 8, 2016, with the government claiming it has helped greater formalisation of the economy while critics saying it has failed to curb black money and reduce dependence on cash. On November 8, six years ago, Prime Minister Narendra Modi …

Did you achieve objectives of demonetisation, Supreme Court asks government, RBI
2 years, 2 months ago

Did you achieve objectives of demonetisation, Supreme Court asks government, RBI

The Hindu  

A Constitution Bench on Wednesday questioned whether the government and the Reserve Bank of India realised their stated objectives of choking black money, terror financing and fake currency through the policy to demonetise ₹500 and ₹1,000 notes in 2016. “What about black money and terror funding?” Justice S. Abdul Nazeer, heading the five-judge Bench of the Supreme Court, asked while …

Supreme Court to examine Centre\'s 2016 demonetisation decision, issues notices
2 years, 2 months ago

Supreme Court to examine Centre\'s 2016 demonetisation decision, issues notices

Deccan Chronicle  

NEW DELHI: The Supreme Court said on Wednesday it is aware of the "Lakshman Rekha'' on judicial review of the government's policy decisions but will have to examine the 2016 demonetisation decision to come to a conclusion whether the issue has become a mere "academic" exercise. Solicitor General Tushar Mehta, appearing for the Centre, said the court's time should not …

Supreme Court to hear on October 12 pleas challenging demonetisation
2 years, 3 months ago

Supreme Court to hear on October 12 pleas challenging demonetisation

The Hindu  

Nearly six years after the government’s banknote demonetisation saw long queues, reported deaths and cash shortage, a Constitution Bench, charged with examining the validity of an Ordinance promulgated to legalise the exercise retrospectively and look into human problems which accompanied the implementation of withdrawal of ₹500 and ₹1,000 currency notes from legal tender, turned around on September 28 to ask …

SC to hear on Oct 12 pleas challenging Centre\'s demonetisation
2 years, 3 months ago

SC to hear on Oct 12 pleas challenging Centre\'s demonetisation

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said it will hear on October 12 a batch of pleas challenging the Centre's 2016 decision to demonetise currency notes of denomination of Rs 500 and Rs 1000. The court will deal with issues of whether the notification dated November 8 2016 is ultra vires Section 26 and Sections 7,17,23,24,29 and 42 of …

Supreme Court to deliver judgment today on pleas seeking review of verdict upholding Aadhaar validity
4 years ago

Supreme Court to deliver judgment today on pleas seeking review of verdict upholding Aadhaar validity

Firstpost  

New Delhi: The Supreme Court is scheduled to pronounce on Monday its verdict on pleas seeking review of a verdict upholding the Centre’s flagship Aadhaar scheme as constitutionally valid but striking down some of its provisions, including its linking with bank accounts, mobile phones and school admissions. A five-judge Constitution bench headed by then Chief Justice Dipak Misra held that …

Quota Bill: Modi government's 10% reservation for the 'poor' is regressive and a fraud against the Constitution
5 years, 11 months ago

Quota Bill: Modi government's 10% reservation for the 'poor' is regressive and a fraud against the Constitution

Firstpost  

Editor’s note: This article is the second in a two-part series analysing the legitimacy of the Centre’s decision to provide 10 percent reservation for economically weaker sections of the general category in government jobs and educational institutions. The move crosses the 50 percent barrier for total reservations, which has come to be regarded as a “rule” enforced by the Supreme …

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