Dissenting Judge, Justice BV. Nagarathna, in Supreme Court's 4:1 Decision Calls Notes Ban "Unlawful"

Supreme Court's verdict on Notes Ban: The Centre could not have started the demonetisation process, Justice BV. Nagarathna stated her strong dissent today after the Supreme Court backed the Narendra Modi-led Centre's move to abolish notes by a 4:1 majority. The Centre's announcement on November 8, 2016 was deemed "illegal" by her.

Also Read: Supreme Court: ‘2016 demonetisation is valid’, Top Court Upholds Centre’s Move

Demonetisation was "an exercise of power, contrary to law, and therefore unlawful"

"In my considered view, action of demonetisation by November 8 notification was unlawful. But status quo ante cannot be restored now since it was in 2016," she said, adding that demonetisation was "an exercise of power, contrary to law, and therefore unlawful." She went on to say that the manner in which it implemented was not in accordance with law.

The heart of the petitioners' claim was that "as per the RBI Act, recommendations for demonetisation should come from the board of the Reserve Bank of India," but in this case, she said, the Centre issued a letter to the RBI on November 7 advising for such a suggestion.

Also Read: Ras Al Khaimah achieves two Guinness World Records with its New Year fireworks display| Watch here

Demonetisation might have been implemented through an Act of Parliament rather than an executive proclamation

In addition, Justice Nagarathna ruled that, as in earlier cases, Demonetisation might have been begun through an Act of Parliament rather than an executive proclamation.

"After perusing the documents and records submitted by Centre and RBI, phrases like "as desired by Centre Govt" shows there was no independent application of mind by RBI," Justice Nagarathna observed.

Keep watching our YouTube Channel ‘DNP INDIA’. Also, please subscribe and follow us on FACEBOOK, INSTAGRAM, and TWITTER