Passing Aadhaar law as money bill is fraud: Justice Chandrachud
New Delhi, Sep 26: Justice D.Y. Chandrachud, a member of the five-judge Supreme Court bench on Aadhaar issue, on Wednesday held that the Aadhaar Act cannot be treated as a money bill and passing it as one will be a fraud on the Constitution.
Holding that Rajya Sabha has an important role in the making of laws, Justice Chandrachud in his dissenting judgment said, "Superseding the authority of the Rajya Sabha is in conflict with the constitutional scheme and the legitimacy of democratic institutions. It constitutes a fraud on the Constitution."
Passing of a Bill as a Money Bill, when it does not qualify for it, damages the delicate balance of bicameralism which is a part of the basic structure of the Constitution, said Justice Chandrachud.
Permitting the tabling of a bill as money bill when it is not so, Justice Chandrachud said would "constitute a subterfuge, something which a constitutional court cannot countenance."
"Differences in a democratic polity have to be resolved by dialogue and accommodation. Differences with another constitutional institution cannot be resolved by the simple expedient of ignoring it", Justice Chandrachud said.
"It may be politically expedient to do so. But it is constitutionally impermissible", he said, adding: "This debasement of a democratic institution cannot be allowed to pass. Institutions are crucial to democracy. Debasing them can only cause a peril to democratic structures."
Justice Chandrachud said the decision of the Lok Sabha Speaker on whether a bill can be treated as money bill can be subjected to judicial review.
The phrase in Article 110(3) of the Constitution says that the Speaker's decision "shall be final" is subject to judicial review, Justice Chandrachud said. "The power of the Speaker cannot be exercised arbitrarily in violation of constitutional norms and values, as it damages the essence of federal bicameralism, which is a part of the basic structure of the Constitution."
Justice Ashok Bhushan, agreeing with Justice Chandrachud, also held that the Aadhaar Act has wrongly been passed as a money bill.
"The Aadhaar Act, 2016 is not a money Bill. The Speaker of Lok Sabha wrongly certified the bill as a Money Bill under Article 110 of the Constitution of India virtually excluding the Rajya Sabha from legislative process and depriving the President of his power of return," he added in his separate judgement.
"The Aadhaar bill being not a money bill and having been passed by Parliament as a money bill, this ground alone is sufficient to strike down the entire Act, 2016."
Justice A.K. Sikri, reading the judgement also on behalf of Chief Justice Dipak Misra and Justice A.M. Khanwilkar, however, held that Aadhaar bill was "rightly introduced" as money bill.
"We are of the opinion that bill was rightly introduced as money bill. Accordingly, it is not necessary for us to deal with other contentions of the petitioners, namely, whether certification by the Speaker about the bill being money bill is subject to judicial review or not, whether a provision which does not relate to Money Bill is severable or not. We reiterate that main provision is a part of Money Bill and the other is only incidental and, therefore, covered by clause (g) of Article 110 of the Constitution," said Justice Sikri.
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Karnataka govt directs municipal corps to regulate, prohibit pigeon feeding
Bengaluru (PTI): The Karnataka government has issued directions to municipal corporations across the state to regulate and prohibit feeding pigeons in public places, citing serious public health concerns.
Deputy Secretary to Government V Lakshmikanth has written to the Urban Development Department requesting it to issue directions to the Greater Bengaluru Authority (GBA) and all municipal corporations to take immediate steps to implement the measures.
In an official note dated December 16 issued by the Health and Family Welfare Department and released to the media on Wednesday, the department said uncontrolled feeding of pigeons in public places has resulted in large congregations of birds, excessive droppings and serious health concerns, particularly respiratory illnesses linked to prolonged exposure to pigeon droppings and feathers such as hypersensitivity pneumonitis and other lung diseases.
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"The commissioner, the Greater Bengaluru Authority and the Commissioners and chief officers of other municipal corporations shall take necessary action to mitigate the causes of dangerous disease spread by pigeon and enforce specified guidelines in their respective jurisdiction," the note said.
According to the department, these include a prohibition on feeding pigeons or causing pigeons to be fed in areas where it may cause nuisance or pose a health hazard to the public. Pigeon feeding shall be permitted only in designated areas in a controlled manner, subject to certain conditions.
"The designated areas may be selected in consultation with stakeholders. The responsibility for upkeep of the designated areas and compliance to the directions shall be taken up by some charitable organisation or an NGO. The feeding in designated areas shall be permitted only for some limited hours in the day," it said.
The note further stated that authorised officers of local authorities shall issue on-the-spot warnings and may impose fines for violation of the order, or lodge complaints to prosecute offenders under Sections 271 (Negligent act likely to spread infection of disease dangerous to life) and 272 (Malignant act likely to spread infection of disease dangerous to life) of the Bharatiya Nyaya Sanhita.
It also directed local authorities to conduct public awareness campaigns, including the display of signboards, banners and digital messages, explaining the health hazards associated with pigeon droppings and feathers, the content of the regulatory directions and penalties for violations, and alternative humane methods of bird conservation that do not endanger public health.
