Notes Ban Order “Unlawful”: SC Judge Nagarathna

The Supreme Court has upheld the demonetisation decision of the Union Government in 2016 making notes Rs 500 and Rs 1000 invalid. The top court stated that the decision cannot be reversed since it took place six years ago. A five-judge constitution bench of the Apex court delivered the verdict today on a bunch of 58 petitions challenging the demonetisation. The judgement was made by a 4:1 majority authored by Justice Gavai. Thus, it closed doors for any future legal challenge to the decision. 

However, Justice Nagarathna differed with the majority of the bench. She agreed with the petitioners challenging the demonetisation. She said the demonetisation process was illegal. “Parliament should have discussed the law on demonetisation. The process should not have been done through gazette notification,” Justice Nagarathna said.

“In my considered view, the action of demonetisation by November 8 notification was unlawful. But status quo ante cannot be restored now since it was in 2016,” she said. 

“The measure has been regarded as unlawful only on a purely legal analysis, and not on the objects of demonetisation,” Justice Nagarathna said, further calling the decision “well-intentioned and well thought of”. It targeted evils such as black money, terror funding, and counterfeiting, Justice Nagarathna added.

The Supreme Court has also opined that it is not relevant whether the objective behind the decision was achieved or not.