India's free payment rail now has a price, and the court has not stopped it
The Supreme Court on Monday declined to stay the 0.4% merchant discount rate on UPI transactions above Rs 2,000, and issued notices to the Centre, the RBI and NPCI asking them to file affidavits explaining its legal basis.
The bench asked whether the charge is a tax or a fee, and if neither, what the executive basis for it is. The Additional Solicitor General replied that no money reaches the government, and that the charge is a settlement fee between the bank and the payment service provider, facilitated by NPCI.
The levy applies to merchants billing over Rs 1 lakh a month, with a flat Rs 5 on essential categories such as railways, telecom, fuel and insurance. The government's defence is that 96% of UPI transactions sit below the Rs 2,000 threshold. It takes effect on 15 October.
The design is deliberate. Volume was never where the money was; value was. Pricing only the top slice of transactions leaves the retail experience untouched while monetising the merchant flows that banks and payment providers have carried at a loss for nine years.
Merchant behaviour is the part worth watching, not consumer behaviour. A shop billing Rs 1.2 lakh a month now has a reason to split a Rs 2,400 bill into two, or to steer a customer towards cash on larger tickets. Whether that leakage shows up in October data is the real test of where the threshold was set.
The affidavits will settle something larger than UPI. If a charge routed between private intermediaries can be mandated by notification, the same mechanism is available for every other public digital rail the state has built.