ROHINTON FALI NARIMAN, ANIRUDDHA BOSE, V. RAMASUBRAMANIAN
INTERNET AND MOBILE ASSOCIATION OF INDIA – Appellant
Versus
RESERVE BANK OF INDIA – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
Virtual currencies are digital representations of value that do not have the status of legal tender but can function as a medium of exchange, a unit of account, or a store of value, and may be used as real money under certain circumstances (!) (!) .
Virtual currencies are not classified as goods or commodities; rather, they are intangible properties that can act as money without being recognized as legal tender (!) (!) .
The regulatory authority, RBI, has statutory powers to regulate activities related to virtual currencies, including the power to prohibit, even without their acquiring the status of currency or full money functions (!) (!) .
The RBI circular directing regulated entities not to deal with or facilitate transactions in virtual currencies is within its statutory powers and aims to prevent potential risks to the financial system, consumer protection, and national security, especially concerning illegal activities like money laundering and terror financing (!) (!) (!) (!) .
The circular does not impose a total ban on virtual currencies or prohibit their use entirely; instead, it restricts banking services to entities involved in dealing with virtual currencies, which affects their operational capacity but does not criminalize ownership or individual transactions outside banking channels (!) (!) .
The measures taken by RBI are based on extensive ongoing assessments, reports, and warnings issued over several years, reflecting a considered approach rather than arbitrary action (!) (!) (!) .
The power of RBI to regulate includes the authority to take preventive and curative actions, and its decisions are supported by detailed application of relevant considerations, including risks to monetary stability, financial integrity, and national security (!) (!) (!) .
The regulation of virtual currencies is justified by their potential to facilitate illegal activities, their impact on monetary policy, and the need to safeguard the banking and payment infrastructure (!) (!) (!) (!) .
The regulation and restrictions are proportionate to the risks identified, and less restrictive measures have been considered but found insufficient to address concerns, especially regarding illegal activities and financial stability (!) (!) .
The constitutional challenge under Article 19(1)(g) is addressed by the proportionality of the measures, which aim to balance individual trade rights with public interest, national security, and the integrity of the financial system (!) (!) (!) .
The RBI’s actions are within its statutory mandate, and its decision-making process is supported by extensive factual and legal considerations, including international practices and global regulatory standards (!) (!) [
JUDGMENT :
V. Ramasubramanian, J.
1. THE STORY LINE:
1.1. Reserve Bank of India (hereinafter, “RBI” ) issued a “Statement on Developmental and Regulatory Policies” on April 5, 2018, paragraph 13 of which directed the entities regulated by RBI (i) not to deal with or provide services to any individual or business entities dealing with or settling virtual currencies and (ii) to exit the relationship, if they already have one, with such individuals/ business entities, dealing with or settling virtual currencies (VCs).
1.2. Following the said Statement, RBI also issued a circular dated April 6, 2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of the Banking Regulation Act, 1949 and Section 45JA and 45L of the Reserve Bank of India Act, 1934 (hereinafter, “RBI Act, 1934” ) and Section 10(2) read with Section 18 of the Payment and Settlement Systems Act, 2007, directing the entities regulated by RBI (i) not to deal in virtual currencies nor to provide services for facilitating any person or entity in dealing with or
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