SC to Seek Verification of Aadhaar Act as a Money Bill

While referring to the constitutionality of the Finance Act 2017, the SC has put under scanner 19 other bills to check whether it was appropriate to pass them as ‘Money Bill‘. Among the bills, Aadhaar Act was also passed as a Money Bill. SC has referred the matter further to a 7-judge bench.

Crux of the Matter

1. Five-judge bench, headed by the CJI Ranjan Gogoi, with a split verdict of 3:2 has referred the matter of considering Finance Act, 2017 as Money Bill to a larger seven-judge bench.

2. The bench was of the opinion that the rulings in the matter of Aadhaar Act, introduced as the Money Bill, were difficult to juxtapose in the current case. The analysis of the Aadhaar Act was given by K S Puttaswamy (Aadhar-5).

3. The court is seeking to review the interpretation of the Articles (110)(1) (a) to (g) that provide guidelines for the constitutionality of the Money Bill.

4. If the SC establishes that the Aadhaar Act did not satisfy the Money Bill requisites then the entire legislation of Aadhaar is in question.

Curiopedia

Money Bill – Bills which exclusively contain provisions for imposition and abolition of taxes, for appropriation of money out of the Consolidated Fund, etc., are certified as Money Bills by the Speaker of the Lok Sabha. Money Bills can be introduced only in Lok Sabha on the recommendation of the President per Articles 109, 110 and 117. Read More

Curated Coverage

1. India Today – Supreme Court re-examines Aadhaar as money Bill, refers issue to larger bench

2. Live Mint – Supreme Court to verify the correctness of the Aadhaar Judgment

3. The Indian Express – Supreme Court has doubts over Aadhaar as money Bill, turns to big Bench

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