The Supreme Court, in a majority view (4:1), dismissed a series of petitions seeking a review of its 2018 judgment upholding the Lok Sabha Speaker’s certification of Aadhaar law as a Money Bill and its subsequent passage in Parliament.
- The review petitions had highlighted how the Aadhaar Act was passed as a Money Bill by superseding the Rajya Sabha. It was called as a “fraud on the Constitution”.
- The review petition had argued that the Aadhaar Act clearly did not fall within the ambit of Article 110 (1) of the Constitution, which restricted Money Bills to certain specific fields only.
What is Review Petition?
- Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it.
- Thus the binding decision of the Supreme Court/High Court can be reviewed in Review Petition.
Aadhaar Case: Two questions for review
- Two questions had come up for review regarding the five-judge Aadhaar Bench’s judgment in 2018.
- One, whether the Speaker’s decision to declare a proposed law as Money Bill was “final” and cannot be challenged in court.
- The second, whether the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 was correctly certified as a ‘Money Bill’ under Article 110(1) of the Constitution.
What is the majority Judgment?
- On the first question, the majority judgment in 2018 said the Speaker’s decision could be challenged in court only under “certain circumstances”.
- On the second, it concluded that the Aadhaar Act was rightly called a Money Bill.