A five-judge Constitution bench headed by Justice SA Nazeer, who will retire on January 4, pronounced its verdict on the matter, when the top court reopened after its winter break. Besides Justices Nazeer, Gavai and Nagarathna, the other members of the five-judge bench are Justices A S Bopanna and V Ramasubramanian.The top court had, on December 7, directed the Centre and the Reserve Bank of India (RBI) to put on record the relevant records relating to the government’s 2016 decision and reserved its verdict. It heard the arguments of Attorney General R Venkataramani, the RBI’s counsel and the petitioners’ lawyers, including senior advocates P Chidambaram and Shyam Divan.Calling the scrapping of the Rs 500 and Rs 1,000 currency notes deeply flawed, Chidambaram had argued that the government cannot on its own initiate any proposal relating to legal tender, which can only be done on the recommendation of the RBI’s central board.
SC upholds demonetisation
The apex court upheld the Centre’s 2016 decision demonetising Rs 500 and Rs 1,000 currency notes. It said the notification did not suffer from any flaw and satisfies the proportionality test, said Justice B R Gavai. Meanwhile, Justice B V Nagarathna gave a dissenting judgment and said: “The action of demonetisation initiated by the central government as per Nov 8, 2016, notification is unlawful. But the status quo ante cannot be restored at this point of time. What relief can be given now? Relief needs to be moulded,”