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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'Last rites' of INDIA bloc: BJP on Cong-DMK fallout in Tamil Nadu
New Delhi (PTI): The BJP on Wednesday took a swipe at the Congress for extending support to Vijay's TVK in forming the government in Tamil Nadu and breaking away from its long term ally DMK, saying the party has a history of "betraying" its allies.
The saffron party also attacked the opposition INDIA bloc, claiming the alliance is "falling apart like a pack of cards" and lacks any common ideology or vision.
The Tamil Nadu Congress has decided to support TVK leader Vijay in forming a secular government in the state, sources said.
The decision to support the TVK was taken at an urgent meeting of the Political Affairs Committee (PAC) of Tamil Nadu Congress late on Tuesday night.
Reacting to the development, BJP national spokesperson Shehzad Poonawalla claimed the INDIA alliance had effectively come to an end after the declaration of assembly election results on May 4.
"There is nobody whom the Congress has not deceived. Imagine what they will do to the Samajwadi Party if they have done this to the DMK," he wrote in a post on X.
Calling it the "last rites" of the INDIA bloc, Poonawalla, in a video post, said, "It has become a Bharat free of the DMK, TMC and the Left, and now Congress has dumped the DMK for the TVK."
The BJP spokesperson alleged that the opposition bloc was formed solely out of political compulsions and personal ambitions.
"The INDI alliance never had any mission or vision. It was only about ambition for position, corruption, commission and obsession against Modi ji that they came together. But now it is all falling apart like a pack of cards," he said.
Questioning the unity of the opposition parties, Poonawalla said the alliance was absent in several states during the election.
"Where was the INDI alliance in Bengal, in Kerala, in Gujarat, in Punjab, in Delhi, in Haryana, in Karnataka? There is no INDI alliance," he said.
The DMK on Wednesday described the Congress move to extend support to TVK as a "backstab" by its long-time national ally.
Speaking to PTI videos, DMK spokesperson Saravanan Anadurai said, "The Congress party has decided to ally with the TVK, pledging their support to the party. I think they have backstabbed... They have backstabbed the people of Tamil Nadu. They've backstabbed the mandate given by the people of Tamil Nadu."
He said that the decision came even before the electoral process had fully concluded.
"Even before the ink on the returning officer's signature on the victory certificate dried up, they've chosen to go ahead with an alliance," he said.
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. The outgoing ruling party, 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.
