Special Bench To Hear Pleas To Deposit Banned Notes, Says Supreme Court

Marie Harrington
November 5, 2017

The 14 petitioners, including NRIs who were not in the country when demonetisation was announced, however, said that they neither challenged the constitutional validity of the demonetisation nor the provisions of the RBI Act.

The Delhi Government does have a point, however, when it says that for day-to-day governance issues it is the elected executive which is responsible and will be held accountable by the people.

A bench led by Chief Justice of India Dipak Misra clarified that protection could not be extended for any other amount possessed.

As Subramanium sought to blame Lt. Governor for creating hurdles in the functioning of Delhi government, Justice Chandrachud said that every government has to function within the parameters of the constitution and the Article 239AA defines the powers of Delhi government and Union Territory.

The 1998 notification said that in matters of public order, police and services, the L-G of Delhi would consult the chief minister, and in cases otherwise, the reasons would be recorded.

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The petitioners had moved the court for an extension of the December 31, 2016 deadline to deposit the demonetised notes in their possession.

He also said that there are areas where Lt. Governor enjoys delegated powers and he alone is administrator in respect of them.

The Supreme Court's observations came while hearing the AAP government's petition challenging Delhi High Court's order that ruled the Lieutenant Governor was the national capital's administrator.

The matter was referred to the constitution bench by the bench of Justice Sikri and Justice R.K.Agrawal on February 15.

The bench asked the petitioners to file two to three page-long interlocutory applications in the pending petitions which would be dealt by the constitution bench later. You are an elected government but these are parts of law, governing Delhi.

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