A Public Interest Litigation has been moved before the Delhi High Court under Article 226 of the Constitution seeking direction to the Central & State Government to restrict cash transactions of the goods, products and services, purchased through online shopping platforms. The plea further seeks restriction of cash transactions of air tickets, rail tickets, electricity bills, LPG Bill, CNG Bill, Municipality Bill and other such bills of Rs. 10,000/.

The Petition filed by the Advocate Ashwini Kumar Upadhyay states that the prayer in this PIL is a practical solution to control corruption, black money generation, money laundering, benami transactions and disproportionate assets and that the corruption, black money generation and benami transaction have devastating effects on equality, justice, liberty, fraternity, the dignity of the individual, unity and national integration and fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution.

"India cannot move forward without clean-transparent governance for which corruption-free society is a basic requirement and that is impossible without recalling currency above Rs.100/-, restricting cash transactions above Rs.10,000/-, linking assets above 50,000/- with AADHAAR and confiscating cent per cent black money, disproportionate assets and benami property and giving rigorous life imprisonment to looters" reads the plea.

The petitioner highlights that the performance of the country in the ‘Rule of Law Index’ is very poor and that India ranked 66 in 2011, 67 in 2012, 66 in 2013, 68 in 2014, 59 in 2015, 66 in 2016, 66 in 2017, 66 in 2018 and 68 in 2019. He further adds that if the sought prayers are granted and the currency above Rs. 100- is recalled and the transaction above Rs,10,000 is restricted with the other measures then it will lead to an increment of 2% in annual GDP,

In the petition, Upadhyay mentions that the benefits would be (i) adequate tax revenue for Center, States and Local Bodies (ii) transparency in the economy (iii) approx. 10% drop in commodity prices (iv) loan at approx. 5% annual rate of interest (v) approx. 10% reduction in construction cost (vi) terrorist and anti-national activities can be controlled (vii) corruption will be weeded out (vii) cent per cent subsidy benefits for all needy (viii) good infrastructure (ix) significant growth in agriculture industry and employment (x) social security (xi) focus shift from tax manipulation to innovation (xii) Indian business will become globally competitive.

The petition seeks the following relief: a) direct the Centre and State Government to take appropriate steps to restrict cash transactions of goods, products and services, purchased through online shopping platforms like Amazon, Flipkart etc;

b) direct the Centre and State to take appropriate steps to restrict cash transactions of air tickets, rail tickets, electricity bills, LPG Bill, CNG Bill, Municipality Bill and other such bills of Rs. 10,000/- and above;

c) direct the Centre and State to take appropriate steps to restrict cash transactions of all industrial and domestic goods, products and services of the maximum retail price of Rs. 10,000/- and above;

d) direct the Centre and States to take other appropriate steps to reduce Corruption in order to secure the right to dignity, right to justice and other fundamental rights guaranteed under the Constitution.

Cause Title: Ashwini Kumar Upadhyay v. Union of India & Ors. [Diary No.752281 of 2023]

Delhi HCCorruptionAshwini Kumar Upadhyay

Ramey Krishan Rana