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LATEST NEWS UPDATES | Why a Parliamentary Act - or ordinance - is needed for demonetisation -Pratik Datta & Rajeswari Sengupta

Why a Parliamentary Act - or ordinance - is needed for demonetisation -Pratik Datta & Rajeswari Sengupta

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published Published on Dec 31, 2016   modified Modified on Dec 31, 2016
-Scroll.in

Without it demonetisation would be legal, but the RBI would continue to remain under a legal obligation to keep on exchanging the old notes with new ones.

On November 8, 2016 the Rs 500 and Rs 1,000 notes were “demonetised”. This move has raised three interesting legal questions. Writ petitions have been filed across the country challenging the legality of demonetisation. Petitions are pending before High Courts of Kerala, Bombay, Delhi, Hyderabad, Gujarat, Karnataka, Calcutta and Allahabad. Till now, only Madras High Court has held that the move is constitutionally valid and refrained from interfering since it is a policy decision of the government. As per media reports, the Supreme Court has consistently refused to stay the high court proceedings. The Apex Court itself is hearing four petitions challenging demonetisation.

Demonetisation is not a novel idea in India. We have experienced two instances before – in 1946 and 1978. Those were also challenged in courts and a rich body of Indian case law exists on demonetisation. This case law suggests that although a demonetisation can be done through a notification, a Presidential Ordinance or Parliamentary Act is necessary to:

1. Prohibit transfer or receipt of the banknotes that have ceased to be legal tender, so that these do not reflect anymore as a liability on the Issue Department of the Reserve Bank of India.
2. Restrict the RBI’s legal obligation to exchange the old notes with new notes.

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Scroll.in, 28 December, 2016, https://scroll.in/article/823126/why-a-parliamentary-act-or-ordinance-is-needed-for-demonetisation


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