December,10,2016:
Apex Court has not stayed the Demonitization drive but is open to debate on it.
Chief Justice T.S. Thakur led three-judge Bench has recorded as many as 10 questions that political parties want the Supreme Court to adjudicate on.
The Bench further said that it was open to open debate and suggestions from all for referring the bunch of petitions demonetisation to a larger Bench.
The questions it has framed are to beanswered.
Here are the questions recorded in court:
1. Whether demonetisation notification of November 8 is ultra vires Section 26(2) and other provisions of the RBI Act?
2. Does Section 26(2) of the RBI Act - under which the November 8 notification was issued - itself suffer from excessive delegation of powers and therefore ultravires the Constitution?
3. Whether the November 8 notification falls foul of Articles 14 and 19 of the Constitution?
4. Whether restriction on withdrawal of legitimate funds is violative of Article 14 and 19 of the Constitution?
5. Does the implementation of the November 8 notification suffer from procedural and substantive unreasonableness?
6. Whether November 8 notification and subsequent ones are in violation of Article 300A (right to property) of the Constitution?
7. Whether the exclusion of district central co-operative banks from exchange, deposit and withdrawal of money amounts to 'discrimination' against them?
8. What is the scope of judicial review in matters of fiscal/economic policy?
9. Can demonetisation only be brought in by a parliamentary statute?
10. Whether writ petitions filed by political parties under Article 32 of the Constitution are maintainable?
Ref. www.supremecourtofindia.nic.in/
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