DEMONETISATION Valid Or Not? : Supreme Court Constitution Bench Hearing- LIVE UPDATES

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24 Nov 2022 5:15 AM GMT

  • DEMONETISATION Valid Or Not? : Supreme Court Constitution Bench Hearing- LIVE UPDATES

    Supreme Court Constitution Bench to hear petitions challenging the #Demonetization of Rs 500 & Rs 1000 currency notes by Central Govt in 2016.On Oct 12, the Centre was directed to file a comprehensive affidavit & disclose relevant docs.Constitution Bench comprising S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna JJ decided to hear this case after holding that...

    Supreme Court Constitution Bench to hear petitions challenging the #Demonetization of Rs 500 & Rs 1000 currency notes by Central Govt in 2016.

    On Oct 12, the Centre was directed to file a comprehensive affidavit & disclose relevant docs.

    Constitution Bench comprising S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna JJ decided to hear this case after holding that the legal issue had not become "academic".

    Senior Adv and four-time Finance Minister P Chidambaram gave a brief overview of his arguments.

    "Where is the application of mind?" the senior counsel asked.

    On Nov 9, the Attorney-General, R. Venkataramani sought an extension for the filing of a comprehensive affidavit.

     "It is embarrassing that a Constitution Bench has to adjourn like this," Bench remarked.

    A week later, the Centre filed an affidavit saying 2016 demonetisation was "well-considered" and led to benefits.

    FOLLOW LIVE UPDATES OF TODAY'S HEARING HERE 

    Live Updates

    • 24 Nov 2022 9:58 AM GMT

      Nazeer J: I was seeing your prayers in the petition, there is no challenge to S 26(2). You have only challenged the notification.

      Chidambaram: I have challenged it squarely in my second prayer.

    • 24 Nov 2022 9:58 AM GMT

      Chidambaram: If you are bestowing a power to demonetise on the govt, you are conferring a power which the Parliament has, but where is the guidance?

    • 24 Nov 2022 9:54 AM GMT

      BVN J: In these judgements, essential powers have been delegated and therefore, they suffer from the vice of excessive delegation. But, here, there is a substantive provision in an Act, namely, S 26(2).

    • 24 Nov 2022 9:53 AM GMT

      Chidambaram: Where is the guidance?

      BVN J: These judgements deal with the delegation of power. They may not be apt.

    • 24 Nov 2022 9:51 AM GMT

      Chidambaram quotes, "Substantive provisions of the Act confer powers on the Administrator. The power of regulation suffers from excessive delegation of legislative power and must be held to be constitutionally invalid."

    • 24 Nov 2022 9:50 AM GMT

      Chidambaram takes the court through Harakchand Ratanchand Banthia v Union Of India [AIR 1970 SC 1453]. 

    • 24 Nov 2022 9:45 AM GMT

      Chidambaram: Compare now with S 26(2). Any series, even a series of notes issued the previous day can be demonetised. It is an extreme example, but it helps flesh out the scope of the law.

      Urges court to read down S 26(2).

    • 24 Nov 2022 9:43 AM GMT

      Chidambaram quotes, "Parliament has established no criteria, no standards and [no] principle on which a particular disease or condition is to be specified in the Schedule...As a consequence, the Schedule in the rules must be struck down."

    • 24 Nov 2022 9:43 AM GMT

      Chidambaram quotes, "The question for decision then is, is the delegation constitutional in that the administrative authority has been supplied with proper guidance. In our view the words impugned are vague."

    • 24 Nov 2022 9:43 AM GMT

      Chidambaram reads from Hamdard Dawakhana Lal v Union of India [AIR 1960 SC 554].

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