Dissecting the majority and minority opinions in the demonetisation judgment
Vineet Bhalla·January 3, 2023 https://theleaflet.in/dissecting-the-majority-and-minority-opinions-in-the-demonetisation-judgment/
the court reiterated that it cannot go into the question of the fairness or merits of executive policy, but only into the manner in which such decisions are taken.
It then refers to the record of the correspondence between the Union Government and the RBI in the run-up to the demonetisation exercise that was made available to it by the government. Reference is made to a communication dated November 7, 2016 addressed by the Secretary, Department of Economic Affairs, Union Ministry of Finance to the RBI Governor in which the Union Government shares its concern regarding the infusion of fake currency notes and the generation of black money. This communication itself refers to a White Paper on Black Money published in 2012 by the Revenue Department, which had observed that cash is a facilitator of black money. It also refers to a Special Investigation Team (‘SIT’) that had made strong observations against the cash economy.
the judgment again withdraws, holding that what measure is required to be taken to tackle fake currency, black money and terror financing is best left to the discretion of the Union Government, in consultation with the RBI. Since these are areas within the domain of experts and beyond the ambit of judicial review,
the judgments holds that the restriction on the right to property was reasonable and in the public interest of curbing fake currency, black money, drug trafficking and terror financing. Hence, it holds that the doctrine of proportionality is satisfied.
In relation to the suggestion for the court to frame a scheme to provide a limited window to enable citizens having genuine reasons to exchange demonetised notes is concerned, the judgment cites the absence of any expertise in economic, monetary and fiscal matters to frame such a scheme to refrain from the same.
SC Verdict On DeMo: Exclusive Conversation With P Chidambaram | 'No Objective Has Been Achieved' https://youtu.be/JrPjQ7w1JnQ?t=45 SC has steered clear of whether the Demonetisation objectives were achieved.
https://youtu.be/QOWPa1E-Ll8?t=26 Sanjay Hegde Why Supreme Court called demonetisation right ? And why justice Nagrathna called it wrong in her dissent note ? Consultation v/s concurrence majority v/s minority
नोटबंदी को लेकर रवीश कुमार का बड़ा खुलासा #demonetisation #todaynews ravish kumar official #news https://www.youtube.com/watch?v=SaFvZrA2Ppg "Dissenting judgements can also foretell the doom which the 'Majority Judgement' will have on society generally." Justice. Rohinton Fali Nariman, Former Judge, Supreme Court of India Excerpts from his book 'Discordant Notes.'
Discordant Notes-The Voice of Dissent in the Court of Last Resort: Launch of Rohinton Nariman’s book https://youtu.be/Awm6zDKm-6s?t=248 The need for dissent..
Great Dissents & Dissenters of the Supreme Court of India: 12th Justice K.T. Desai Memorial Lecture. https://www.youtube.com/watch?v=NJdTl5n6SPc