LAWS(SC)-2023-1-2

VIVEK NARAYAN SHARMA Vs. UNION OF INDIA

Decided On January 02, 2023
Vivek Narayan Sharma Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This reference to the larger bench of Five-Judges arises out of the writ petitions filed challenging the Notification No. 3407(E) dtd. 8/11/2016 (hereinafter referred to as "the impugned Notification"), issued by the Central Government in exercise of the powers conferred by sub-sec. (2) of Sec. 26 of the Reserve Bank of India Act, 1934 (hereinafter referred to as "the RBI Act"), vide which the Central Government declared that the bank notes of denominations of the existing series of the value of five hundred rupees and one thousand rupees shall cease to be legal tender with effect from 9/11/2016, to the extent specified in the impugned Notification. This is popularly known as an act/policy of demonetization.

(2.) Immediately after the impugned Notification was issued, several writ petitions challenging the policy of demonetization came to be filed before this Court as also before various High Courts. Transfer Petitions were filed by the Union, seeking transfer of all such matters pending before the High Courts to this Court.

(3.) A bench of learned three Judges of this Court passed an order dtd. 16/12/2016 in Writ Petition (Civil) No.906 of 2016 and other connected petitions, observing therein that, in their opinion, following important questions fall for consideration: