सामाजिक कार्यकर्ता डॉ नूतन ठाकुर ने आज प्रधानमंत्री से उत्तर प्रदेश सरकार द्वारा 500 तथा 1000 रुपये के नोट को जमीन की रजिस्ट्री में 24 नवम्बर 2016 तक स्वीकार किये जाने के आदेश को तत्काल प्रभाव से रद्द करने की मांग की. यूपी के मुख्यमंत्री अखिलेश यादव ने कल इसकी घोषणा की थी. प्रधानमंत्री के साथ वित्त मंत्री और आरबीआई गवर्नर को भेजे अपने ईमेल में डॉ ठाकुर ने कहा कि रिजर्व बैंक ऑफ़ इंडिया एक्ट 1934 की धारा 26 के अनुसार केवल केंद्र सरकार को किसी करेंसी नोट को वैध या अवैध घोषित करने का अधिकार है. केंद्र सरकार ने 08 नवम्बर को ऐसी घोषणा कर दी है.
उन्होंने कहा कि करेंसी, सिक्के, लीगल टेंडर, रिजर्व बैंक आदि संविधान की सातवीं अनुसूची के केंद्रीय सूची में हैं जिनपर मात्र केंद्र सरकार को आदेश करने का संवैधानिक अधिकार है. डॉ ठाकुर के अनुसार अखिलेश यादव का आदेश न सिर्फ विधिविरुद्ध है बल्कि असंवैधानिक तथा राष्ट्रविरोधी भी है क्योंकि केंद्र सरकार ने यह निर्णय आतंकवाद और राष्ट्रविरोधी गतिविधियों पर नियंत्रण लगाने के लिए भी लिया था.
Akhilesh Yadav decision on Rs. 500, 1000 notes illegal, anti-national
Social activist Dr Nutan Thakur today wrote to Prime Minister Narendra Modi seeking immediate quashing of the UP government order that Rs 500 and Rs 1,000 old notes will be accepted for land registration till 24 November 2016. UP Chief Minister Akhilesh Yadav had made this announcement yesterday.
In her email sent to the Finance Minister and RBI Governor as well, Dr Thakur said that only the Central government has the right, under section 26 of the Reserve Bank of India Act 1934, to make any declaration about legal validity of any currency notes. The Central government made such a declaration on 08 November. She said that currency, coinage and legal tender, Reserve Bank of India etc lies are under Union List of Seventh Schedule of the Constitution where only the Central government has constitutional authorit.
Hence Akhilesh Yadav’s decision to accept these notes is not only illegal but also unconstitutional and anti-national because the notes have been banned on reasons of terrorism and anti-national funding as well.
Attached- Copy of letter to PM
Sri Narendra Modi,
Prime Minister of India,
Subject- Blatant illegality being conducted by the UP Government as regards Currency Notes
This is to kindly inform you that in terms of Gazette Notification No 2652 dated 08/11/2016 issued by Government of India, Rs. 500 and Rs. 1000 denominations of Bank Notes of the existing series issued by Reserve Bank of India shall cease to be legal tender with effect from 09/11/2016, to the extent specified in the Notification.
Among other important things the above Notification dated 08/11/2016 says among other things the following important facts-
1. The Central Board of Directors of the Reserve Bank of India (the Board) has recommended that bank notes of denominations of the existing series of the value of five hundred rupees and one thousand rupees shall be ceased to be legal tender
2. It has been found that fake currency notes of the specified bank notes have been largely in circulation and it has been found to be difficult to easily identify genuine bank notes from the fake ones and that the use of fake currency notes is causing adverse effect to the economy of the country
3. It has been found that high denomination bank notes are used for storage of unaccounted wealth as has been evident from the large cash recoveries made by law enforcement agencies
4. it has also been found that fake currency is being used for financing subversive activities such as drug trafficking and terrorism, causing damage to the economy and security of the country
5. Hence the Central Government after due consideration has decided to implement the recommendations of the Board
Therefore, in exercise of the powers conferred by sub-section (2) of section 26 of the Reserve Bank of India Act, 1934 (2 of 1934) the Central Government hereby declared that the specified bank notes shall cease to be legal tender with effect from the 9th November, 2016 to the extent specified in the given notification.
A few specific items were said to be relaxed from the above as mentioned in different notifications issued from time to time.
Unlike this the Uttar Pradesh Chief Minister Sri Akhilesh Yadav on Tuesday (15/11/2016) announced that Rs 500 and Rs 1,000 old notes will be accepted for land registration till 24/11/2016.
It is being prayed that this announcement is completely illegal and is against the constitutional setup of Nation.
Union List of the Seventh Schedule of the Constitution says at Item 36 Currency, coinage and legal tender; foreign exchange, Item 38 Reserve Bank of India, Item 45 Banking and Item 46 Bills of exchange, cheques, promissory notes and other like instruments.
Hence it is clear that the issues related with Currency, coinage and legal tender, Reserve Bank of India etc lies with the Union government.
In fact on that basis only the Reserve Bank of India Act of 19034 has been promulgated as a Central legislation. Section 2(aii) of the Reserve Bank of India Act 1934 says that “the Bank” means the Reserve Bank of India constituted by this Act; section 2(b) says “the Central Board” means the Central Board of Directors of the Bank. Section 26 says-“Legal tender character of notes. (1) Subject to the provisions of sub-section (2), every bank note shall be legal tender at any place in India in payment or on account for the amount expressed therein, and shall be guaranteed by the Central Government. (2) On recommendation of the Central Board the Central Government may, by notification in the Gazette of India, declare that, with effect from such date as may be specified in the notification, any series of bank notes of any denomination shall cease to be legal tender save at such office or agency of the Bank and to such extent as may be specified in the notification.
Thus when on recommendation of the Central Board of Directors of RBI, the Central Government has, by notification dated 08/11/2016 in the Gazette of India, declared that, with effect from 09/11/2016 as specified in the notification, series of bank notes of Rs. 500 and Rs. 1000 denomination shall cease to be legal tender save at such office or agency of the Bank and to such extent as has been specified in the given notification, Sri Akhilesh Yadav as CM of UP had no legal and constitutional authority to declare them as legal tender for land registration till 24/11/2016. It is being prayed that, Sri Yadav’s announcement and the UP Government act in this regards is not only blatantly illegal, it is also completely unconstitutional. Sri Yadav’s act becomes anti-national also in the light of the fact that the notification specifically mentions about terrorism, anti-national activities etc.
In view of the above, I request the following acts to be done immediately-
A. Direct the UP Government to immediately stop this illegal act of accepting Rs. 500 and Rs. 1000 denominations for land registration till 24
B. Seek explanation from the UP Government for having passed such an order completely against the direction of the Central government, against the Constitutional norms of the Nation.
Dr Nutan Thakur
5/426, Viram Khand,
Gomti Nagar, Lucknow
1. Finance Minister, Government of India, New Delhi
2. Secretary, Department of Economic Affairs, Ministry of Finance, New Delhi
3. Governor, Reserve Bank of India, Mumbai