Hindi English Translation || Editorial || Overly deferential: On Supreme Court judgment on demonetisation

Overly deferential: On Supreme Court judgment on demonetisation

While upholding (बनाए रखना) demonetisation, SC failed to hold government accountable (ज़िम्मेदार, उत्तरदायी)

It is an oft-repeated judicial (अदालती) view that courts must defer to the elected government’s judgment (निर्णय, फ़ैसला) in matters of economic and social policy. Their interventions (हस्तक्षेप) are usually limited to instances (उदाहरण) where executive decisions are palpably (स्पष्ट, प्रत्यक्ष) arbitrary (मनमाना) or patently (स्पष्ट तौर पर) illegal. In this backdrop (पृष्ठभूमि), 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 (Showing a lack of proper use of critical standards) endorsement (अनुमोदन, समर्थन) 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 (Greatly exceeding the common size) suffering of the people that demonetisation entailed (To cause as a consequence). While there are observations that recognise the possibility of hardship (कठिनाई, दुःख) 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 (वैध, कानूनी) purpose (unearthing fake currency and hoarded wealth and combating terror funding), there was a nexus (बंधन, मिलीभगत) between the action and the objectives, and the court did not have the expertise to suggest a less intrusive (Causing disruption through being unwelcome) 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 (To perform an action before another has acted) the ruinous (A process or course of action that is likely to ruin) effect of extinguishing (To obscure as by superior brilliance) the value of 86% of available currency on the economy and the immense (Huge or very great) miseries it heaped on the population. Justice B.V. Nagarathna’s dissent (The holding or expression of opinions at variance with those commonly or officially held), holding the process to be flawed (A feature that defects the perfection of something) 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.

Courtesy: The Hindu

Important Word List With Meaning

1.Deferential (Adjective)

Hindi Meaning - सम्मानपूर्ण, सविनय
English Meaning - Showing or expressing respect and high regard.

2.Judgment (Noun)

Hindi Meaning - निर्णय, फ़ैसला
English Meaning - The ability to make considered decisions or come to sensible conclusions.

3.Uphold (Verb)

Hindi Meaning - बनाए रखना
English Meaning - The withdrawal of a coin, note, or precious metal from use as a legal tender.

4.Accountable (Adjective)

Hindi Meaning - ज़िम्मेदार, उत्तरदायी
English Meaning - Subject to the obligation to report or responsibility.

5.Instance (Noun)

Hindi Meaning - उदाहरण
English Meaning - A case or occurrence of anything.

6.Intervention (Noun)

Hindi Meaning - हस्तक्षेप
English Meaning - The action or process of intervening.

7.Judicial (Adjective)

Hindi Meaning - अदालती
English Meaning - About court proceedings.

8.Palpable (Adjective)

Hindi Meaning - स्पष्ट, प्रत्यक्ष
English Meaning - Readily seen.

9.Arbitrary (Adjective)

Hindi Meaning - मनमाना
English Meaning - Subject to individual judgment without restriction.

10.Patently (Adverb)

Hindi Meaning - स्पष्ट तौर पर
English Meaning - Without doubt.

11.Backdrop (Noun)

Hindi Meaning - पृष्ठभूमि
English Meaning - Background for something.

12.Endorsement (Noun)

Hindi Meaning - अनुमोदन, समर्थन
English Meaning - An action or statement which shows that you support or approve of something or someone.

13.Hardship (Noun)

Hindi Meaning - कठिनाई, दुःख
English Meaning - A condition that is difficult.

14.Legitimate (Adjective)

Hindi Meaning - वैध, कानूनी
English Meaning - According to the law.

15.Nexus (Noun)

Hindi Meaning - बंधन, मिलीभगत
English Meaning - A means of connection.

16.Demonetization (Noun)

English Meaning - The withdrawal of a coin, note, or precious metal from use as a legal tender.

17.Conservative (Noun)

English Meaning - One who is adherent to political conservatism.

18.Uncritical (Adjective)

English Meaning - Showing a lack of proper use of critical standards.

19.Enormous (Adjective)

English Meaning - Greatly exceeding the common size.

20.Entail (Verb)

English Meaning - To cause as a consequence.

21.Substantial (Adjective)

English Meaning - Of real worth or importance.

22.Intrusive (Adjective)

English Meaning - Causing disruption through being unwelcome.

23.Anticipate (Verb)

English Meaning - To perform an action before another has acted.

24.Ruinous (Adjective)

English Meaning - A process or course of action that is likely to ruin.

25.Dissent (Noun)

English Meaning - The holding or expression of opinions at variance with those commonly or officially held.

26.Extinguish (Verb)

English Meaning - To obscure as by superior brilliance.

27.Immense (Adjective)

English Meaning - Huge or very great.

28.Flaw (Noun)

English Meaning - A feature that defects the perfection of something.