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Q. Demonetisation and judiciary: Comment on recent order by Supreme Court on demonetisation.
Dec 17, 2016 Related to : GS Paper-2

Ans :

Introduction-

Recently the Supreme Court of India refused to stay Government’s notification demonetising Rs 500 and Rs 1,000 currency notes. The apex court stayed all matters pertaining to various High Courts. The Supreme Court has directed that all petitions on demonetisation filed in assorted high courts be transferred to a Constitution bench of the Supreme Court, which will take up the legality of different aspects of the demonetisation drive. 

Analysis-

  • Though there exist some apprehensions and issues, but the Supreme Court of India did the right thing by refusing to intervene in the demonetisation process. As policy making and executing fall under the domain of executives.
  • Had court stayed the demonetisation process, it would have amounted to judicial overreach, which goes against the constitutional principle of separation of powers between three organs of the country.
  • The job of running the country has been entrusted by the people of India to the elected government. It has the right and the responsibility to take decisions in the interest of the people. 
  • If the decisions violate the law of the land, the courts can and should intervene. Otherwise, it is for the people to deliver their verdict on the government’s performance.
  • In this backdrop apex court refused to issue stay order and directed to all high courts to transfer petitions on demonetisation to a Constitution bench of the Supreme Court to check the constitutional validity of the demonetisation drive. 

Conclusion-

Supreme Court of India rightly refused to intervene in the government demonetisation drive of the government, as policy decisions are fall under executive domain. The court rightly avoided overreaching its power and instead decided to form constitutional bench to check the validity of demonetisation process. In this background the court’s decision is right move to strike balance between judiciary and executive.  

 


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