Justice Nagarathna Dissents SC Judgement Upholding Demonetisation
We love how she owned her unpopular opinion
In 2016, the Prime Minister Narendra Modi-led government decided to demonetise the currency notes of Rs. 500 and Rs. 1,000 denominations. This came as a surprise for people across the country and led to several challenges and hardships, especially for poor people and those living in rural areas. In fact, reports claimed that in the month after the demonetisation, about 82 people had died due to it. Even at the time of demonetisation, several people protested the sudden move that left people struggling.
Several petitions were filed challenging the government’s decision. And now a Supreme Court bench headed by Justice S.A. Nazeer and comprising of Justices B.V. Nagarathna, B.R. Gavai, V. Ramasubramanian, and A.S. Bopanna heard the petitions and upheld the government’s decision. Of all the judges, there was only one, Justice B.V. Nagarathna who differed on the verdict.
As per the Supreme Court Judgement, Justice B.V. Nagarathna dissented the demonetisation decision and said that the Parliament should’ve weighed in on the demonetisation and discussed it and it should not have been done through a gazette notification. Calling the demonetisation of Rs 500 and Rs 1,000 currency notes “unlawful” and “vitiated”, Justice Nagarathna said that RBI did not use their independent thinking and only their opinion was sought on the decision which cannot be called a “recommendation”.
On the other hand, Justice B.R. Gavai called demonetisation a “reasonable” move with objectives which include eradicating social evils like terror funding and black marketing. He went on to add that even if the objective was achieved or not is irrelevant. Further, the judgement called the move “valid” and said that it satisfies the test of proportionality. As per the bench, the 52-day period prescribed by the government in the demonetisation decision can’t be called “unreasonable”.
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Well, whatever the government’s reason might be for demonetisation, the truth remains that it led to the death of people due to a lack of basic rights. We laud Justice Nagarathna for taking a stand against the move and voicing her opinion, even if it was the unpopular one!
First Published: January 02, 2023 1:52 PM
