Bye-bye, Rajya Sabha
What, precisely, is a money bill? Article 110 of the Constitution defines a money bill: “a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters…”, which are five functions such as tax, borrowing, expenditure, drawal from or deposit into the Consolidated Fund of India, the Public Fund and the Contingency Fund and a sixth item, matters incidental to the previous five. Who decides if a bill is a money bill or not? The same Article says the opinion of the Speaker of the House of the People thereon shall be final.
In the background of continuous disruption of Parliament, Lok Sabha Speaker Sumitra Mahajan ruled the Aadhaar Bill to be a money bill and the Lok Sabha passed it and it became law when the President signed off on the bill and it was published in the Gazette of India. The Rajya Sabha was bypassed.
Was this a money bill? Aadhaar is about creating a unique identity system for residents using numbers and biometrics and putting it to various uses, of which distributing government benefits in a leak-proof, targeted manner is one. It allows private companies to use Aadhaar. The Aadhaar bridge for inter-bank and inter-account transfer of money is enabled and supported by the Aadhaar Act. To say that the Aadhaar bill was a money bill is pure sham. Yet, four out of the five justices have agreed that it was a money bill and that it was okay for the Speaker to have tagged the bill as a money bill and for the government to have secured its passage by avoiding the Upper House.
Justice Chandrachud’s dissenting judgment examines the question from every possible angle and reaches the cogently argued conclusion that the bill fell short of the Article 110 standard of dealing exclusively with the six subjects relating to changing the balance of monies in the Consolidated Fund of India, the Public Fund and the Contingency Fund.
But does not the Constitution say that the opinion of the Speaker shall be final? None of the four judges holds that the opinion of the Speaker on the subject is beyond legal review. Both Justice Chandrachud and Justice Bhushan say explicitly that the Speaker’s opinion on the matter is justiciable. Three justices, including Chief Justice Dipak Misra, proceed to judge on the validity of the Speaker’s opinion, and find it tenable in the present case. Constituent Assembly debates make it clear that the framers of the Constitution consciously refrained to add a phrase, present in the British law on the subject, that the Speaker’s opinion would not be justiciable.