Aadhaar bill was money bill, says Jaitley
Wednesday - September 26, 2018 7:30 pm ,
Category : INDIA
Aadhaar bill was money bill, says Jaitley
New Delhi Sep 26 (IANS) 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.
--IANS mak/nir
"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.
--IANS mak/nir
