2023 Supreme(Online)(SC) 20956
VIVEK NARAYAN SHARMA – Appellant
Versus
UNION OF INDIA – Respondent
W.P.(C) No.-000906-000906 / 2016
16-12-2016
PETITIONER-IN-PERSONANIL KATIYAR
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL/CRIMINAL ORIGINAL/APPELLATE JURISDICTION
WRIT PETITION (CIVIL) No.906/2016
Vivek Narayan Sharma
…Petitioner(s)
Vs.
Union of India
Respondent(s)
WITH
W.P.(C) Nos.908/2016,913/2016,916/2016,
WP© D.No.37946/2016, W.P.(C) No.929/2016, W.P.(C)No.930/2016,
943/2016,W.P.(Crl.) No.162/2016, W.P.(C)
No.951/2016,952/2016,953/2016,954/2016,958/2016,957/2016,T.
P.(C)No.2018-2022/2016,W.P.(C)No.971/2016,972/2016, SLP©
No.35356/2016, T.P.(C)No.2030-2038/2016, W.P.(C)No.978/2016,
W.P.(C)D.No.40114/2016,W.P.(C) No.944/2016,
SLP©No.35805/2016,W.P.(C)No.996/2016,997/2016,
T.P.(C)No.1958-1967/2016 & T.P.(C)No.1982-1996/2016, W.P.(C) Nos.
1006/2016, 1008/2016, 1009/2016, 1010/2016, 1011/2016 and
SLP(C) No. 36757/2016
O R D E R
Writ Petitions are admitted.
Issue notice on the Writ Petitions, special leave petitions and
other applications. The respondents may file reply affidavit within six
weeks. Rejoinder, if any, within three weeks thereafter.
We have heard the learned counsel for the parties at some
length. In our opinion, the following important questions fall for our
consideration in this batch of petitions:
Digitally signed by
MAHABIR SINGH
Date: 2016.12.16
16:40:04 IST
Reason:
Signature Not Verified
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(i)
Whether the notification dated 8th November 2016 is ultra
vires Section 26(2) and Sections 7,17,23,24,29 and 42 of
the Reserve Bank of India Act, 1934;
(ii)
Does the notification contravene the provisions of Article
300(A) of the Constitution;
(iii)
Assuming that the notification has been validly issued
under the Reserve Bank of India Act, 1934 whether it is
ultra vires Articles 14 and 19 of the Constitution;
(iv)
Whether the limit on withdrawal of cash from the funds
deposited in bank accounts has no basis in law and violates
Articles 14,19 and 21;
(v)
Whether the implementation of the impugned notification(s)
suffers
from
procedural
and/or
substantive
unreasonableness and thereby violates Articles 14 and 19
and, if so, to what effect?
(vi)
In the event that Section 26(2) is held to permit
demonetization, does it suffer from excessive delegation of
legislative power thereby rendering it ultra vires the
Constitution;
(vii)
What is the scope of judicial review in matters relating to
fiscal and economic policy of the Government;
(viii) Whether a petition by a political party on the issues raised
is maintainable under Article 32; and
(ix)
Whether District Co-operative Banks have been
discriminated against by excluding them from accepting
deposits and exchanging demonetized notes.
Keeping in view the general public importance and the far
reaching implications which the answers to the questions may have,
we consider it proper to direct that the matters be placed before the
larger Bench of five Judges for an authoritative pronouncement. The
Registry shall accordingly place the papers before Hon’ble the Chief
Justice for constituting an appropriate Bench.
We may now advert to the issues which are of immediate
concern. The first issue is about the restriction placed on the District
Cooperative Banks to accept deposits or exchange of demonetized
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currency of Rs.500/- and Rs.1000/-. Two broad aspects have been
presented before us. The first is about the complete exclusion of the
District Cooperative Banks from accepting deposits or exchanging
demonetized notes. The second is about the avoidable financial stress
on the District Cooperative Banks because of freezing the deposited
demonetized notes received by the District Cooperative Banks between
11th and 14th November 2016, which is stated to be around
Rs.8000/-Crore (Rupees Eight Thousand Crore).
The first point whether the decision of the Authority to forbid the
District Cooperative Banks from accepting deposits and exchanging
demonetized notes, may require detailed hearing. It is only upon
acceptance of challenge to that decision, that th