'I had to object': Nagarathna judge on demonetisation

Justice Nagarathna spoke about her dissent in the demonetisation case.

New Delhi:

Supreme Court Justice BV Nagarathna has warned against indefinite consideration of bills passed by the elected legislature in a case involving the Punjab governor.

Justice Nagaratna, who was delivering the keynote address at the opening ceremony of the 5th Court and Constitution Conference at Narsall College of Law on Saturday, said the Maharashtra Legislative Assembly case was yet another instance of the governor overstepping his powers. One example, the governor’s lack of power. Sufficient material to declare floor testing.

“Constitutionally, it is not a healthy trend to refer the actions or inactions of state governors to the Constitutional Court for consideration,” she said.

“I think I must appeal that although the governorship is called the governorship, the governorship is a serious constitutional position and the governor must perform his constitutional duties as per the constitution so that such litigation will not happen. Before the court reduces it,” Nagarathna the judge added.

She said it was quite embarrassing for governors to be told what to do or what not to do.

As a result, she said, they are now being told to carry out their duties under the constitution.

A few days ago, a three-judge bench headed by Chief Justice of India DY Chandrachud expressed “serious concern” over Tamil Nadu Governor RN Ravi’s refusal to reappoint DMK leader K Ponmudi as a minister in the state cabinet.

Justice Nagarathna also spoke about her dissent in the demonetisation case.

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She said she had to oppose the central government’s move because when the decision was announced in 2016, Rs 500 and Rs 1,000 notes accounted for 86% of the total banknotes in circulation, of which 98% were returned after they were banned.

In October 2016, the Indian government demonetized Rs 500 and Rs 1,000 notes, purportedly to combat black money.

“I think this is a way of converting money into white money through demonetization because first, 86% of the currency was demonetized and 98% of the currency came back as white money. All the unaccounted money came back bank.

“So I thought it was a good way to identify the unaccounted cash. So the plight of this common man really struck a chord with me. So I had to file a dissent,” the judge said.

The meeting heard speeches from Justices Sapana Pradhan Malla and Syed Mansoor Ali Shah of the Supreme Court of Nepal.

Telangana High Court Chief Justice Alok Aradh and NALSAR Justice S Ravindra Bhat also addressed the meeting, a NALSAR press release said.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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