Supreme Court Live Updates : Challenge Against Demonetisation

Divan takes the Court through the 2016 judgement of the Supreme Court where nine issues were formed by a Bench comprising CJI Thakur and Justices Khanwilkar and Chandrachud.

Chidambaram: AG is free to frame more issues.

Chidambaram: Nine issues have already been formulated by a Bench led by Chief Justice Thakur.

Refers to Vivek Narayan Sharma v. Union of India, which can be found here: https://indiankanoon.org/doc/29724830/

Justice Nazeer: You are saying you don't want to begin today?

AG: Yes.

AG says that the Union needs to take stock of the arguments.

AG: This will ensure a structured way of addressing everyone's concerns.

Justice Nazeer, to the Union: Let the petitioners begin today, you will get your time...

Justice Nazeer: We will hear Divan and Chidambaram for an hour on whether to consider the issue.

SG: If you are examining, we may also need some time then...

SG: Economic policy has not been tested by this Court on the touchstone of proportionality. This is essentially the preserve of the executive, depends on factors such as terror funding.

Chidambaram: 86.4% of notes were taken away. Tomorrow if 99.9% is taken away...Is this Court powerless? It may be sound economic policy, or unsound economic policy. Hear us for an hour, then decide whether academic. 

Chidambaram: Law has travelled far beyond than what AG is saying. This Court has said even economic policy must be tested on the doctrine of proportionality. What if tomorrow 100% of currency notes were to be demonetised?