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Overly deferential: On Supreme Court judgment on demonetization

Overly deferential : On Supreme Court judgment on demonetization

While upholding demonetisation, SC failed to hold government accountable    

It is an oft-repeated judicial view that courts must defer-to the elected government’s judgment in matters of economic and social policy. Their interventions are usually limited to instances where executive decisions are palpably arbitrary or patently illegal. In this backdrop , it is no surprise that four of the five judges on a Constitution Bench of the Supreme Court deferred to the government’s wisdom in dramatically announcing the move on November 8, 2016 to demonetise all ₹500 and ₹1,000 notes that were then in circulation . The scope of judicial intervention was only to examine the decision-making process, but the majority has given its uncritical endorsement to the process, terming it to be free of flaws . It has upheld the government’s power to demonetise notes without quantitative restrictions and accepted the claim that there was adequate consultation between the Union government, which initiated the proposal, and the Reserve Bank of India (RBI). What might seem distressing about the majority verdict is that it has made light of the enormous suffering of the people that demonetisation entailed . While there are observations that recognise the possibility of hardship and that demonetisation may have ultimately been a failure, these are limited by context to say neither individual suffering nor errors of judgment can be cited to invalidate the action.

The majority has brushed aside substantial arguments based on proportionality , holding that demonetisation survives every test for proportionality: there was a legitimate purpose ( unearthing fake currency and hoarded wealth and combating terror funding) , there was a nexus between the action and the objectives, and the court did not have the expertise to suggest a less intrusive way of achieving these objectives. However, it does not properly address the question on whether the adverse consequences could have been limited. It is unfortunate that the court had nothing critical to say about the government failing to anticipate the ruinous effect of extinguishing the value of 86% of available currency on the economy and the immense miseries it heaped on the population. Justice B.V. Nagarathna’s dissent , holding the process to be flawed and the RBI’s approach to be without application of mind, is a consolation for those who want the courts to hold those in power to account. In a larger sense, of course, a judicial rap on policy questions matters little. But it might give governments cause for pause before implementing decisions with far-reaching consequences for the people.

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Uphold
(verb) – support, endorse, sustain, defend, back

बरकरार रखना

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Arbitrary
(adjective) – illogical, uninformed, capricious, Indiscriminate

मनमाना

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Substantial
(adjective) – sizeable, considerable, significant, large, ample

काफी / पर्याप्त

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Overly
(adverb) – excessively, too much

अत्यधिक

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Deferential
(adjective) – Showing deference; respectful.

सम्‍मानपूर्ण

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Demonetization
(noun) – an act of cancelling the legal tender status of a currency unit in circulation

. विमुद्रीकरण

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Oft
-repeated (adjective) – repeated often or frequently

बार-बार दोहराया जाने वाला

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Defer
to (verb) – accept someone's opinion or decision.

स्वीकार करना/मानना

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Intervention
(noun) – involvement, intercession, interceding, interposing

हस्तक्षेप

-
Instance
(noun) – a particular case

घटना

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Executive
(adjective) – The executive branch of the government, including the president, the cabinet, and several departments, manages the duties of government and its laws.

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Palpably
(adverb) – noticeably or clearly

. स्पष्ट रूप से

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Patently
(adverb) – clearly; without doubt.

साफ़ तौर पर

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In this
backdrop (phrase) – in the context of

के संदर्भ में

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Constitution
bench (noun) – Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India

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Wisdom
(noun) – ability to apply knowledge or experience or understanding or common sense and insight

बुद्धिमानी

-
Dramatically
(adverb) – greatly

नाटकीय रूप से

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Demontise
(verb) – to officially stop using particular notes or coins, or a particular currency:

(मुद्रा का) चलन बंद करना

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In
circulation (phrase) – Available to the public; in general use.

चलन में

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Scope
(noun) – the range of the subject matter that something deals with; extent, limit, area 

दायरा

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Examine
(verb) – inspect, survey, scrutinize, look at, look into

जांच करना

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Uncritical
(adjective) – not in accordance with the principles of critical analysis.

सिद्धांतो के प्रतिकुल

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Endorsement
(noun) – support, backing, affirmation

समर्थन

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Term
(verb) – describe, call, label, designate

बताना/ कहना

-
Flaw
(noun) – fault, defect, blemish, imperfection, shortcoming

खामियां, दोष

-
Distressing
(adjective) – upsetting, worrying, stressful, difficult

चिंताजनक

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Verdict
(noun) –  Decision, adjudication, decree, judgement

फ़ैसला

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Make light of
(phrase) –treat as unimportant; reduce 

हल्का करना

-
Enormous
(adjective) –  huge, vast, extensive , immeasurable, limitless

भारी

-
Suffering
  (noun) – Pain, anguish, distress, agony, torment, affliction

कष्ट

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Entail
(verb) – involve (something) as a necessary or inevitable part or consequence.

शामिल है

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Hardship
(noun) – adversity, trouble, misery, distress, misfortune

संकट/कठिनाई

-
Context
(noun) – perspective, circumstance, condition, setting, milieu 

संदर्भ

-
Cite
(verb) –refer to, make reference to, mention, allude to

हवाला देना

-
Invalidate
(verb) – Cancel, overturn, annul, nullify, quash, overthrow

अमान्य करना

-
Brush
aside (phrasal verb) – disregard, ignore, dismiss, pass over, put aside

नज़रअंदाज़/ खारिज  करना

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Proportionality
(noun) – the principle that an action, a punishment, etc. should not be more severe than is necessary

-
Hold
(verb) – rule, to decide legally

निर्णय करना/मानना

-
Legitimate
(adjective) –legal, lawful, valid, rightful, legitimize

वैध, उचित

-
Unearth
(verb) – uncover, discover, find, reveal, excavate

पता लगाना

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Hoard
(verb) –accumulate (money); hide or store away, put aside

जमा करना

-
Combat
(verb) – Fight, counter, battle

सामना करना

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Nexus
(noun) – connection, link, tie, interconnection 

सांठगांठ /गठजोड़

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Terror
funding (noun) – the act of providing financial support to terrorists or terrorist organisations to enable them to carry out terrorist acts or to benefit any terrorist.

-
Intrusive
(adjective) – being involved in a situation where you are not wanted or do not belong:

दखलंदाजी

-
Address
(verb) – tackle, see to, deal with, confront, grapple with

सुलझाना, निपटाना

-
Adverse
(adjective) – detrimental, negative, disadvantageous, unfavorable, harmful

प्रतिकूल

-
Unfortunate
(adjective) – having or marked by bad fortune; unlucky.

दुर्भाग्य

-
Critical
(adjective) – involving making fair, careful judgements about the good and bad qualities of somebody/something

-
Anticipate
(verb) – expect, foresee, predict, think likely, forecast

पूर्वानुमान करना

-
Ruinous
(adjective) – harmful, damaging, destructive, costly

हानिकारक

-
Extinguish
(verb) – put an end to; destroy.

समाप्त करना

-
Immense
(adjective) – huge, vast, massive, enormous

भारी /बड़ा

-
Misery
(noun) – a cause or source of great distress; difficulty, problem, adversity

संकट

-
Heap on
(verb) – to put a lot of something on someone (i.e. problems, misery)

का  ढेर लगाना

-
Dissent
(noun) – difference of opinion, argument, dispute, demur

असहमति

-
Flawed
(adjective) – Faulty, defective, damaged, blemished, imperfect, inconsistent

त्रुटिपूर्ण

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Consolation
(noun) – comfort, succor, relief

तसल्ली

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Rap
(noun) – a harsh criticism; reprimand

फटकार

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Cause
(noun) – reason, source, basis

कारण

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Far
-reaching (adjective) – extensive, comprehensive, sweeping, broad, wide-ranging

दूरगामी

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Hold someone to account (phrase) – believe that someone is responsible for something.

किसी को जवाबदेह ठहराना

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Hold accountable (phrase) – to consider someone responsible for something

किसी को जवाबदेह ठहराना