MP High Court: Estranged Husband Entitled to Loss of Consortium Compensation After Wife’s Death  ||  J&K & Ladakh HC: Claims under Roshni Act Void Ab Initio, Ownership Rights Null from Inception  ||  Madras High Court Directs Expedited Trials in 216 Pending Criminal Cases Against MPs and MLAs  ||  MP High Court: Allowing Minor to Drive Without Valid License Constitutes Breach of Insurance Policy  ||  Punjab & Haryana High Court: Cyber Fraud Cases Uphold Public Trust, Cannot Be Quashed by Compromise  ||  SC: Customer-Banker Relationship Based on Mutual Trust, Postmaster’s Reinstatement Quashed  ||  Supreme Court: Company Buying Software for Efficiency and Profit Is Not a ‘Consumer’ under CPA  ||  SC: Long Custody or Trial Delay Not Ground for Bail in Commercial Narcotic Cases if S.37 Unmet  ||  Calcutta HC Disqualifies Politician Mukul Roy from Assembly under Anti-Defection Law  ||  Supreme Court Bans Mining in and Around National Parks and Wildlife Sanctuaries    

Ashwini Kumar Upadhyay Vs. Union of India and Ors. - (High Court of Delhi) (29 May 2023)

Decision taken by the Government in relation to the economic policies is not ordinarily interfered by the Courts unless arbitrary

MANU/DE/3652/2023

Civil

The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioner as a Public Interest Litigation (PIL) seeking for a declaration that the RBI Notification dated 19.05.2023 and SBI Notification dated 20.05.2023, which permits exchange of Rs. 2000 denomination banknotes without obtaining any requisition slip and identity proof, is arbitrary and violative of Article 14 of the Constitution of India.

In order to ensure that there is a smooth transition of Rs. 2000 denomination banknotes, which continue to be a legal tender till September, 2023 i.e. for four months, banks have provided facilities for conversion of these banknotes to other denomination banknotes. The present case is not the case of demonetisation but withdrawal of Rs. 2000 denomination banknotes from circulation.

The Government has taken a decision not to insist upon requirement of identity proof for exchange of Rs. 2000 denominations banknotes so that everybody can exchange the same with the other denomination banknotes. Therefore, it cannot be said that the decision of the Government is perverse or arbitrary or it encourages black money, money laundering, profiteering or it abets corruption. It is well settled that decision taken by the Government in relation to the economic policies is not ordinarily interfere with by the Courts unless the decision of the Government is manifestly arbitrary.

In order to facilitate the exchange of Rs. 2000 denomination banknotes with other denomination banknotes, the Government has given a window of four months to the citizens and in order to avoid inconvenience to citizens, the Government is not insisting of providing any kind of identification. As stated earlier, this decision of the Government is purely a policy decision and Courts should not sit as an Appellate Authority over the decision taken by the Government. The present PIL is devoid of merits. PIL dismissed.

Tags : RBI NOTIFICATION   BANKNOTES   EXCHANGE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved