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.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Panaji (PTI): As part of a crackdown against tourist establishments violating laws and safety norms in the aftermath of the Arpora fire tragedy, Goa authorities on Saturday sealed a renowned club at Vagator and revoked the fire department NOC of another club.
Cafe CO2 Goa, located on a cliff overlooking the Arabian Sea at Vagator beach in North Goa, was sealed. The move came two days after Goya Club, also in Vagator, was shut down for alleged violations of rules.
Elsewhere, campaigning for local body polls, AAP leader Arvind Kejriwal said the fire incident at Birch by Romeo Lane nightclub at Arpora, which claimed 25 lives on December 6, happened because the BJP government in the state was corrupt.
An inspection of Cafe CO2 Goa by a state government-appointed team revealed that the establishment, with a seating capacity of 250, did not possess a no-objection certificate (NOC) of the Fire and Emergency Services Department. The club, which sits atop Ozrant Cliff, also did not have structural stability, the team found.
The Fire and Emergency Services on Saturday also revoked the NOC issued to Diaz Pool Club and Bar at Anjuna as the fire extinguishers installed in the establishment were found to be inadequate, said divisional fire officer Shripad Gawas.
A notice was issued to Nitin Wadhwa, the partner of the club, he said in the order.
Campaigning at Chimbel village near Panaji in support of his party's Zilla Panchayat election candidate, Aam Aadmi Party leader Kejriwal said the nightclub fire at Arpora happened because of the "corruption of the Pramod Sawant-led state government."
"Why this fire incident happened? I read in the newspapers that the nightclub had no occupancy certificate, no building licence, no excise licence, no construction licence or trade licence. The entire club was illegal but still it was going on," he said.
"How could it go on? Couldn't Pramod Sawant or anyone else see it? I was told that hafta (bribe) was being paid," the former Delhi chief minister said.
A person can not work without bribing officials in the coastal state, Kejriwal said, alleging that officers, MLAs and even ministers are accepting bribes.
