Aadhaar bill was money bill, says Jaitley
New Delhi, Sep 26 : Union Finance Minister Arun Jaitley on Wednesday said that bringing a finance bill as an ordinary bill is a fraud on the Constitution and not "bringing a money bill as a money bill", implying that Aadhaar Bill was indeed a finance bill.
"A money bill can only be brought as a money bill. The finance bill cannot be brought as anything other than a money bill," Jaitley said in response to a question by IANS whether the government could have brought the Aadhaar Bill as a non-money bill and stood the scrutiny of the Rajya Sabha.
In a minority judgment on Wednesday, Justice D.Y. Chandrachud -- who was on the five-judge constitution bench of the Supreme Court that examined the legality of Aadhaar -- held that passing the Aadhaar law as money bill was a "fraud on the Constitution" because it was not a money bill.
"When a government brings a bill as a money bill it runs another risk. If a normal legislation falls, the government does not resign. But if a money bill falls, the government resigns. Therefore, the government takes a risk (in bringing a legislation as a money bill)," Jaitley said.
The Minister pointed out that the Article 110 of the Constitution, which defines a money bill, says a bill shall be deemed to be a money bill "only and if only" certain conditions are met.
"It uses the word only and if only twice," Jaitley, who is also a senior Supreme Court lawyer, said.
"Suppose, a government is unsure of its majority in Lok Sabha, and it brings finance bill as an ordinary bill. So even if it falls I don't resign. That would be a fraud on the Constitution, not bringing a money bill as a money bill," he said.
The opposition has criticised the Narendra Modi government for bringing the Aadhaar bill as a money bill allegedly to bypass the Rajya Sabha, where the BJP was not in a majority at that time.
The Rajya Sabha can discuss a money bill but its amendments to a money bill are not binding.
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Cong claims TVK chief Vijay has sought its support for govt formation in Tamil Nadu
New Delhi (PTI): The Congress on Tuesday claimed that TVK chief Vijay has sought its support for government formation in Tamil Nadu and its leadership has directed the state unit to take a final decision on the matter, keeping in view the state's sentiments.
The party, which fought the assembly election in alliance with the DMK, asserted that the mandate in Tamil Nadu is for a secular government and that it is determined "not to have the BJP and its proxies run the government of Tamil Nadu in any manner".
Top Congress leaders held a meeting at party chief Mallikarjun Kharge's residence on Tuesday evening that was attended by Leader of Opposition in Lok Sabha Rahul Gandhi and Tamil Nadu in-charge Girish Chodankar, among others.
Addressing the media after the meeting, Congress general secretary, Organisation, K C Venugopal said the Congress leadership discussed the post-election scenario in Tamil Nadu.
"TVK President Thiru Vijay has requested the Indian National Congress for support to form a Government in Tamil Nadu. He has spoken about drawing inspiration from Perumthalaivar Kamaraj as well, in his political mission.
"The INC is clear that the mandate in Tamil Nadu is for a secular government that is committed to protecting the Constitution in letter and spirit. The INC is determined not to have the BJP and its proxies run the Government of Tamil Nadu in any manner," he said.
"Accordingly, the Congress leadership has directed the TNCC to take a final decision on Thiru Vijay's request, keeping in view the sentiments of the state reflected in the electoral verdict," Venugopal told reporters.
Vijay's TVK won 108 seats in the 234-member Tamil Nadu Assembly, falling short of the halfway mark. He needs the support of 10 MLAs to form a government with a simple majority. The results were declared only on Monday.
The Congress has won five seats, while the Pattali Makkal Katchi (PMK) has bagged four seats. The CPI and CPI-M have two seats each.
On the other hand, the Dravida Munnetra Kazhagam (DMK) has won 59 seats while the All India Anna Dravida Munnetra Kazhagam (AIADMK) has won 47 seats.
The Bharatiya Janata Party (BJP) has won only one seat and so have the Desiya Murpokku Dravida Kazhagam (DMDK) and the Amma Makkal Munnettra Kazagam (AMMK), while the VCK has won two seats.
The Congress had fought the assembly polls in a pre-poll alliance with the DMK, while the BJP had a tie-up with the AIADMK.
