What Happened ? The Supreme Court by a majority of 4:1 dismissed a batch of review petitions (Beghar Foundation v. Justice K.S. Puttaswamy (Retd.) [Review Petition (Civil) Diary No. 45777 of 2018]
Case law under discussion : Beghar Foundation v. Justice K.S. Puttaswamy (Retd
What the review petition claimed ? The petition was filled challenging the judgment delivered by the Apex court in Aadhar case.
Crux of the Article: The review petitions were filed against the Aadhaar Judgment and were perused by a five Judge Bench of the Supreme Court. During the proceedings, two primary concerns were highlighted
1.Whether the decision of the Speaker of Lok Sabha under Article 110(3) of the Constitution, to certify a bill as a ‘Money Bill’ under Article 110(1) is final and binding, or can be subject to judicial review. On this, the Court reiterated the observations in the Aadhar judgement and stated that the decisions of the speaker can be challenged only under ‘certain circumstances’.
2.If the decision is subject to judicial review, whether the Aadhaar Act had been correctly certified as a ‘Money Bill’ under Article 110(1) of the Constitution. In this regard it was concluded by the court that Aaadhar Act was a Money Bill.
Point to note :
The Aadhar Judgement had struck down few provisions of the Aadhar Act (Section 33 (2), Section 47, Section 57) but upheld the rest of the Act.
Following the Aadhar Judgement, another petition, namely Rojer Mathew v. South Indian Bank was also filed in this regard challenging the constitutionality of holding Aadhar Bill as a Money Bill within the meaning of Article 110 of the Constitution.
It was observed that, “the majority dictum in Aadhaar judgment did not substantially discuss the effect of the word 'only' in Article 110(1) and did not examine the repercussions of a finding when some of the provisions of an enactment passed as a "Money Bill" do not conform to Article 110(1)(a) to (g).” The bench had therefore referred the matter to a larger bench where the matter is still pending.
Relevant Legal Provisions: Article 110 of the Constitution deals with money bills. It mentions what kinds of bills are termed as money bills.
Related Case Laws:
1.Puttaswamy (Aadhaar-5J.) v. Union of India, ((2019) 1 SCC 1)
2.Rojer Mathew v. South Indian Bank Ltd, ((2020) 6 SCC 1)
3.Kantaru Rajeevaru v. Indian Young Lawyers Assn ((2020) 9 SCC 121)
Call / Whats app : 6382125862
Email : lawxpertsmv@gmail.com
Website : www.lawxpertsmv.com
Telegram group link : https://bit.ly/37rrcC8
App link :https://bit.ly/3kjznEe
Comments