Why India’s Supreme Court rejected crypto regulation framework
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The Supreme Court of India’s recent decision to dismiss a Public Interest Litigation (PIL) seeking the establishment of a regulatory framework for cryptocurrency trading has sparked significant discussion in the financial and legal communities. This ruling is a decisive moment in the ongoing dialogue about the integration and regulation of digital currencies within India’s legal system. The decision, led by Chief Justice D. Y. Chandrachud, reflects the judiciary’s perspective on the complex nature of cryptocurrency regulation, emphasizing the distinction between legislative and judicial responsibilities. Legislative Nature of Cryptocurrency Regulation The Supreme Court’s rationale for rejecting the PIL was grounded in the argument that the petitioner’s demands were legislative rather than judicial in scope. The bench, including Justices J B Pardiwala and Manoj Misra, noted that the primary intention of the petition, filed under Article 32 of the Constitution, was not aligned with its stated objectives. The court observed that the PIL, while formally requesting guidelines for cryptocurrency trading, seemed more focused on securing bail for the petitioner in a related matter. As a result, the court concluded that it was not within its purview to issue directions of a legislative nature, a task that falls under the jurisdiction of the Indian legislature. The Crypto Landscape in India: Current State and Future Prospects India’s stance on cryptocurrency has been a subject of intense debate, characterized by a lack of clear regulations and standardized rules. Despite the absence of an official framework, the Indian market has shown substantial interest in cryptocurrency, leading to calls for clearer guidelines and regulatory measures. Currently, India is reportedly in the process of developing a comprehensive cryptocurrency regulatory framework. This framework is expected to draw from recommendations by international bodies like the International Monetary Fund (IMF) and the Financial Stability Board (FSB). It is anticipated that this…
Filed under: News - @ November 12, 2023 3:26 am