India’s top court ruled on Monday that the 2016 decision by Prime Minister Narendra Modi's government to withdraw high value notes from circulation was valid.
A five-judge bench heard a clutch of petitions challenging the Bharatiya Janata Party government’s decision to remove 500 rupee ($6) and 1,000 rupee notes in November 2016. This brought the country’s economy to a grinding halt.
The Supreme Court judges in New Delhi said the decision satisfied the test of proportionality.
This test is used by constitutional courts to make a judgment in cases where a government decision risks infringing people's rights while aiming to provide some wider public benefit.
The ruling by the bench — despite one justice terming it unlawful in her dissenting judgement — is a boost for Mr Modi's government, which had faced criticism for the move.
Mr Modi sparked nationwide panic when in a televised address he ordered the scrapping all high value notes overnight on November 8, 2016, saying they would be “just worthless pieces of paper”.
He had claimed the move was taken to curb black market earnings, fake currency, terror financing and tax evasion.
Over 86 per cent of the total currency — 15 trillion rupees — was removed from circulation overnight, creating a shortage of banknotes.
Millions queued outside ATMs and banks for days to withdraw cash, hundreds of thousands of people in casual work lost their jobs for weeks and several people reportedly died from exhaustion and stress.
The government said it was a “well-considered” decision.
But 58 petitions were filed in the Supreme Court challenging the notes ban, arguing that it was unconstitutional as the government did not follow due procedure and that it should be struck down.
Petitioners argued that the government took the decision through an Executive order and that it was not initiated by the Reserve Bank of India Act.
Such as massive undertaking as the note withdrawal requires recommendation from the Reserve Bank of India — India's central bank and banking regulator, said petitioners.
They argued that the government had instead advised the bank.
The petitioners asked the court to review the documents to assess if the RBI had considered the impact of such an exercise which caused citizens “agony, loss and hardship”.
Four judges on Monday upheld the government’s decision on demonetisation, saying there was consultation between ministers and the RBI for months beforehand.
“From the record, it appears that there was a consultative process between central government and RBI for over six months before the decision was taken,” the top court said in its majority judgment written by Justice BR Gavai.
“We find that the three purposes are proper purposes and there was a reasonable nexus between the objects and the means to achieve the objects. Action cannot be struck down on the basis of the doctrine of proportionality,” the judgment read.
However, Justice BV Nagarathna — who is in line to be India’s first woman chief justice — disagreed, arguing that the Parliament of India should have been involved.
“Without Parliament a democracy cannot thrive, and so that meaning to democracy is given. Parliament cannot be left aloof on such important decisions,” she said.
The government argued that the court cannot decide a matter when no tangible relief can be granted. That would be like “unscrambling a scrambled egg”, it said.
Raavi Birbal, a Supreme Court advocate, said the verdict set an important precedent.
“Under the Indian legal system courts are generally slow in interfering with decisions of government unless those are unconstitutional, have lack of jurisdiction, contrary to powers, palpably discriminatory or arbitrary,” Ms Birbal told The National.
“Demonetisation is a policy matter of the government. Supreme Court has time and again held that courts cannot usurp wisdom of Executive with its own.
Constitution Bench’s decision on demonetisation has reaffirmed the legal position, thus making it another important precedent,” she said.
UAE currency: the story behind the money in your pockets
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Lexus LX700h specs
Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor
Power: 464hp at 5,200rpm
Torque: 790Nm from 2,000-3,600rpm
Transmission: 10-speed auto
Fuel consumption: 11.7L/100km
On sale: Now
Price: From Dh590,000
Russia's Muslim Heartlands
Dominic Rubin, Oxford
Thor: Ragnarok
Dir: Taika Waititi
Starring: Chris Hemsworth, Tom Hiddleston, Cate Blanchett, Jeff Goldblum, Mark Ruffalo, Tessa Thompson
Four stars
if you go
The flights
Emirates have direct flights from Dubai to Glasgow from Dh3,115. Alternatively, if you want to see a bit of Edinburgh first, then you can fly there direct with Etihad from Abu Dhabi.
The hotel
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Located in the heart of Mackintosh's Glasgow, the Dakota Deluxe is perhaps the most refined hotel anywhere in the city. Doubles from Dh850
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Events and tours
There are various Mackintosh specific events throughout 2018 – for more details and to see a map of his surviving designs see glasgowmackintosh.com
For walking tours focussing on the Glasgow Style, see the website of the Glasgow School of Art.
More information
For ideas on planning a trip to Scotland, visit www.visitscotland.com
Day 5, Abu Dhabi Test: At a glance
Moment of the day When Dilruwan Perera dismissed Yasir Shah to end Pakistan’s limp resistance, the Sri Lankans charged around the field with the fevered delirium of a side not used to winning. Trouble was, they had not. The delivery was deemed a no ball. Sri Lanka had a nervy wait, but it was merely a stay of execution for the beleaguered hosts.
Stat of the day – 5 Pakistan have lost all 10 wickets on the fifth day of a Test five times since the start of 2016. It is an alarming departure for a side who had apparently erased regular collapses from their resume. “The only thing I can say, it’s not a mitigating excuse at all, but that’s a young batting line up, obviously trying to find their way,” said Mickey Arthur, Pakistan’s coach.
The verdict Test matches in the UAE are known for speeding up on the last two days, but this was extreme. The first two innings of this Test took 11 sessions to complete. The remaining two were done in less than four. The nature of Pakistan’s capitulation at the end showed just how difficult the transition is going to be in the post Misbah-ul-Haq era.
History's medical milestones
1799 - First small pox vaccine administered
1846 - First public demonstration of anaesthesia in surgery
1861 - Louis Pasteur published his germ theory which proved that bacteria caused diseases
1895 - Discovery of x-rays
1923 - Heart valve surgery performed successfully for first time
1928 - Alexander Fleming discovers penicillin
1953 - Structure of DNA discovered
1952 - First organ transplant - a kidney - takes place
1954 - Clinical trials of birth control pill
1979 - MRI, or magnetic resonance imaging, scanned used to diagnose illness and injury.
1998 - The first adult live-donor liver transplant is carried out
Mohammed bin Zayed Majlis
UAE currency: the story behind the money in your pockets
Zayed Sustainability Prize
Killing of Qassem Suleimani
Mohammed bin Zayed Majlis
The five pillars of Islam
1. Fasting
2. Prayer
3. Hajj
4. Shahada
5. Zakat
The years Ramadan fell in May
Jetour T1 specs
Engine: 2-litre turbocharged
Power: 254hp
Torque: 390Nm
Price: From Dh126,000
Available: Now
At a glance
Fixtures All matches start at 9.30am, at ICC Academy, Dubai. Admission is free
Thursday UAE v Ireland; Saturday UAE v Ireland; Jan 21 UAE v Scotland; Jan 23 UAE v Scotland
UAE squad Rohan Mustafa (c), Ashfaq Ahmed, Ghulam Shabber, Rameez Shahzad, Mohammed Boota, Mohammed Usman, Adnan Mufti, Shaiman Anwar, Ahmed Raza, Imran Haider, Qadeer Ahmed, Mohammed Naveed, Amir Hayat, Zahoor Khan
Jawab Iteiqal
Director: Mohamed Sammy
Starring: Mohamed Ramadan, Ayad Nasaar, Mohamed Adel and Sabry Fawaz
2 stars
UAE currency: the story behind the money in your pockets
Our Time Has Come
Alyssa Ayres, Oxford University Press
Monday's results
- UAE beat Bahrain by 51 runs
- Qatar beat Maldives by 44 runs
- Saudi Arabia beat Kuwait by seven wickets
Explainer: Tanween Design Programme
Non-profit arts studio Tashkeel launched this annual initiative with the intention of supporting budding designers in the UAE. This year, three talents were chosen from hundreds of applicants to be a part of the sixth creative development programme. These are architect Abdulla Al Mulla, interior designer Lana El Samman and graphic designer Yara Habib.
The trio have been guided by experts from the industry over the course of nine months, as they developed their own products that merge their unique styles with traditional elements of Emirati design. This includes laboratory sessions, experimental and collaborative practice, investigation of new business models and evaluation.
It is led by British contemporary design project specialist Helen Voce and mentor Kevin Badni, and offers participants access to experts from across the world, including the likes of UK designer Gareth Neal and multidisciplinary designer and entrepreneur, Sheikh Salem Al Qassimi.
The final pieces are being revealed in a worldwide limited-edition release on the first day of Downtown Designs at Dubai Design Week 2019. Tashkeel will be at stand E31 at the exhibition.
Lisa Ball-Lechgar, deputy director of Tashkeel, said: “The diversity and calibre of the applicants this year … is reflective of the dynamic change that the UAE art and design industry is witnessing, with young creators resolute in making their bold design ideas a reality.”
Mohammed bin Zayed Majlis
Profile
Company: Justmop.com
Date started: December 2015
Founders: Kerem Kuyucu and Cagatay Ozcan
Sector: Technology and home services
Based: Jumeirah Lake Towers, Dubai
Size: 55 employees and 100,000 cleaning requests a month
Funding: The company’s investors include Collective Spark, Faith Capital Holding, Oak Capital, VentureFriends, and 500 Startups.
More from Neighbourhood Watch
Killing of Qassem Suleimani
2018 ICC World Twenty20 Asian Western Sub Regional Qualifier
Event info: The tournament in Kuwait this month is the first phase of the qualifying process for sides from Asia for the 2020 World T20 in Australia. The UAE must finish within the top three teams out of the six at the competition to advance to the Asia regional finals. Success at regional finals would mean progression to the World T20 Qualifier.
UAE’s fixtures: Fri Apr 20, UAE v Qatar; Sat Apr 21, UAE v Saudi Arabia; Mon Apr 23, UAE v Bahrain; Tue Apr 24, UAE v Maldives; Thu Apr 26, UAE v Kuwait
World T20 2020 Qualifying process:
- Sixteen teams will play at the World T20 in two years’ time.
- Australia have already qualified as hosts
- Nine places are available to the top nine ranked sides in the ICC’s T20i standings, not including Australia, on Dec 31, 2018.
- The final six teams will be decided by a 14-team World T20 Qualifier.
World T20 standings: 1 Pakistan; 2 Australia; 3 India; 4 New Zealand; 5 England; 6 South Africa; 7 West Indies; 8 Sri Lanka; 9 Afghanistan; 10 Bangladesh; 11 Scotland; 12 Zimbabwe; 13 UAE; 14 Netherlands; 15 Hong Kong; 16 Papua New Guinea; 17 Oman; 18 Ireland
Paatal Lok season two
Directors: Avinash Arun, Prosit Roy
Stars: Jaideep Ahlawat, Ishwak Singh, Lc Sekhose, Merenla Imsong
Rating: 4.5/5
Killing of Qassem Suleimani
More from Rashmee Roshan Lall
The Voice of Hind Rajab
Starring: Saja Kilani, Clara Khoury, Motaz Malhees
Director: Kaouther Ben Hania
Rating: 4/5
The five pillars of Islam
Brief scoreline
Switzerland 0
England 0
Result: England win 6-5 on penalties
Man of the Match: Trent Alexander-Arnold (England)
