RBI Cannot Be Equated To Any Other Statutory Body That Merely Serves Its Master: SC [Read Judgment]

RBI cannot be equated to any other statutory body that merely serves its master, remarked the Supreme Court while addressing the contentions raised by the petitioners in Crypto Currency case.Justices Rohinton Fali Nariman, Aniruddha Bose and V Ramasubramanian observed thus while answering the contention raised that the RBI Circular does not have either the status of a legislation or the status of an executive action, but is only the exercise of a power conferred by statute upon a statutory body corporate. Not just like any other statutory body The Court said that this contention appears only to belittle the role of RBI, which is not just like any other statutory body created by an Act of legislature. It said that the RBI is specifically empowered to do certain things to the exclusion of even the central government. The bench said:"It is a creature, created with a mandate to get liberated even from its creator. This is why it is given a mandate – (i) under the Preamble of the RBI Act 1934, to operate the currency and credit system of the country to its advantage and to operate the monetary policy framework in the country (ii) under Section 3(1), to take over the management of the currency from the central government (iii) under Section 20, to undertake to accept monies for account of the central government, to make payments up to the amount standing to the credit of its account and to carry out its exchange, remittance and other banking operations, including the management of the public debt of the Union (iv) under Section 21(1), to have all the money, remittance, exchange and banking transactions in India of the central government entrusted with it (v) under Section 22(1), to have the sole right to issue bank notes in India and (vi) under Section 38, to get rupees into circulation only through it, to the exclusion of the central government. Therefore, RBI cannot be equated to any other statutory body that merely serves its master. It 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": The bench also explained the difference between RBI and other statutory authorities. It said:The difference between other statutory creatures and RBI is that what the statutory creatures can do, could as well be done by the executive. The power conferred upon the delegate in other statutes can be tinkered with, amended or even withdrawn. But the power conferred upon RBI under Section 3(1) of the RBI Act, 1934 to take over the management of the currency from the central government, cannot be taken away. The sole right to issue bank notes in India, conferred by Section 22(1) cannot also be taken away and conferred upon any other bank or authority. RBI by virtue of its authority, is a member of the Bank of International Settlements, which position cannot be taken over by the central government and conferred upon any other authority. Therefore, to say that it is just like any other statutory authority whose decisions cannot invite due deference, is to do violence to the scheme of the Act. Statutory scheme provides for independence to RBI The Court added that the statutory scheme provides for independence to RBI even though shorter tenure and the choice given to the central government to fix the tenure, to some extent, undermines the ability of the incumbents of office to be absolutely independent. The bench observed that it is to ensure such independence, a fixed tenure is granted to the Board of Governors, so that they are not bogged down by political expediencies. Referring to the 2016 amendment to RBI Act, the bench also noted that the very task of operating the monetary policy framework has been conferred exclusively upon RBI. It said:Unfortunately Section 8(4) of the RBI Act, 1934 gives a tenure not exceeding five years, as the central government may fix at the time of appointment. Though the shorter tenure and the choice given to the central government to fix the tenure, to some extent, undermines the ability of the incumbents of office to be absolutely independent, the statutory scheme nevertheless provides for independence to the institution as such. Therefore, we do not accept the argument that a policy decision taken by RBI does not warrant any deference Wide powers conferred on RBIThe bench observed that, the RBI Act, 1934, the Banking Regulation Act, 1949 and the Payment and Settlement Systems Act, 2007 cumulatively recognize and also confer very wide powers upon RBI like the following: (i) to operate the currency and credit system of the country to its advantage (ii) to take over the management of the currency from central government (iii) to have the sole right to make and issue bank notes that would constitute legal tender at any place in India (iv) regulate the financial system of the country to its advantage (v) to have a say...

RBI Cannot Be Equated To Any Other Statutory Body That Merely Serves Its Master: SC [Read Judgment]

Ashok Kini

"It is a creature, created with a mandate to get liberated even from its creator."

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Ashok Kini

RBI Cannot Be Equated To Any Other Statutory Body That Merely Serves Its Master: SC [Read Judgment]

Ashok Kini

"It is a creature, created with a mandate to get liberated even from its creator."

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Ashok Kini

This is a premium content
Available exclusively to
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