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Attorney General (AG) Mukul Rohatgi countered the arguments made by senior advocate P Chidambaram, who appeared for Ramesh, and said the Aadhaar bill was certified as money bill to avoid its scrutiny before the Rajya Sabha which does not have any say on a money bill.
However, the AG said the Speaker’s decision cannot be challenged in the court and moreover the legislation covered all mandatory requirements under the Constitution to be certified as a money bill as all expenditure on social welfare programmes connected with Aadhaar will be withdrawn from the consolidated fund.
Pressing for the scrutiny of the Speaker’s decision to certify the Aadhaar Bill as Money Bill, Chidambaram said it is important to see what can be certified as money bill.
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However, it noted in agreement with the submission of AG that the issue involved was pertaining to the withdrawal of money from the consolidated fund. The bench, asked Chidambaram to look into all objections raised by the AG and posted the matter after four weeks, saying it did not want to quickly take a call on the issue.
The Aadhaar (Targeted Delivery of Financial & Other Subsidies, Benefits & Services) Bill, 2016 was discussed and passed in the Lok Sabha on March 11 last year. It was then taken up in Rajya Sabha on March 16, where several amendments were made to it. The bill then returned the same evening to Lok Sabha which rejected all amendments proposed by the Upper House and passed it.
On May 10, 2016, the AG had opposed the petition filed by Ramesh saying constitutional provisions barred him from challenging it. “Under the Constitution, it is a settled position that a money bill certified by the Speaker is beyond challenge,” the AG had said.
However, Chidambaram had then submitted that when there was a violation of rule of law, “locus is not the ground on which the petition can be thrown out.”
When the bench had asked “if it (treating Aadhaar Bill as Money Bill) is open to judicial review”, the AG had said there was no violation of fundamental right of Ramesh and hence the petition filed by him under Article 32 of the Constitution cannot be entertained.
Chidambaram had said Aadhaar Bill cannot be treated as Money Bill, so the petition has been filed under Article 32. The senior Congress leader had informed the bench that the Bill had its passage in the Lok Sabha through a voice vote but the Rajya Sabha Chairman, before whom the complaint was made, had said he had no power to act on the Bill certified by the Lok Sabha Speaker.
The bench had noted his submission that it was a grave matter and needed proper hearing. The apex court had on April 25, 2016 sought the assistance of the AG but did not issue notice on the plea of Ramesh.
Lok Sabha had on March 16 passed the Aadhaar bill that aimed at better targeting of subsidies through the Aadhaar unique identity. The House had adopted the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016, by a voice vote after rejecting recommendations for five amendments made by the Rajya Sabha.
Armed with the Speaker’s decision that it was a money bill, the government had pushed it in Rajya Sabha which cannot amend it but only make recommendations for amendment to LS.
Once Lok Sabha passes a money bill with or without amendments recommended by Rajya Sabha, it is deemed to have been passed by both the Houses. Showing urgency in getting the law through, the Centre had brought the measure to the Lower House on the same day, within an hour of being returned by Rajya Sabha.
Finance Minister Arun Jaitley, who had moved the bill and piloted it in both the Houses, had also turned down the Opposition’s argument that Parliament cannot legislate since the matter is before the Supreme Court.