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Synopsis

In a matter where the validity of Demonetisation, and the implementation of the same was challenged, stating that the rights of the citizens to life and to trade was impinged, is to be heard on 12th October.

A bench comprising of Justice V Ramasubramanian, Justice BR Gavai, Justice Abdul Nazeer, Justice AS Bopanna, Justice BV Nagarathna was to hear the matter today. 

The Bench asked the Counsels to come back on 12th October, and then the Court will decide whether it has become an education matter or not. The Court asked, "has the present matter become academic" to be heard. Further the Court showed concerns why a Constitution Bench is to address problems that an individual faced in exchanging the notes. 

"We are already burdened with so many cases, matters like education and you bring this? how will the Constitution Bench deal with individual problems?", Court exclaimed.

For the background the plea was filed way back in 2016, where it had sought quashing of the government’s decision to demonetise Rs 1,000 and Rs 500 currency notes on grounds that it infringed on citizens’ right to life and to trade.

In 2016, the Supreme Court had transferred all petitions pending before various High Courts to itself and had referred the matter to a 5-judge Constitution Bench.

The matters were not taken up since then and now have been finally listed by Chief Justice of India UU Lalit.

On November 8, 2016, Prime Minister Narendra Modi through a televised address declared that denomination notes of Rs 500 and Rs 1000 will no longer be legal tender.

The Top Court's constitution bench will also be hearing matters relating to the MLA bribery case which relates to the question of whether MPs and MLAs enjoy immunity under Article 194(2) of the Constitution from prosecution for accepting bribes to vote in Parliament or an Assembly, a case where it had earlier asked SP leader Azam Khan to submit an apology for his statement in relation to an alleged rape case, a matter relating to the powers under Section 319 of the CrPC and a case relating to Prevention of Corruption Act.

 

CASE TITLE: Vivek Narayan Sharma vs. Union of India