DECCAN CHRONICLE. | J VENKATESAN
Published
May 11, 2016, 3:47 am IST
Chidambaram said the Aadhaar law ought not to have been passed as a Money bill.
The attempt to pass it as a money bill is a colourable exercise of power.
New Delhi: The Supreme Court on Tuesday decided to examine the constitutional validity of the Aadhaar law passed by Parliament as a Money Bill.
A three-judge bench of Chief Justice T.S. Thakur and Justices R. Banumathi and Uday Lalit told senior counsel P. Chidambaram and Kapil Sibal appearing for Congress MP, Jairam Ramesh, who had challenged the law and sought a declaration that it is unconstitutional and not valid.
At the outset Attorney General Mukul Rohatgi for the Centre submitted that the writ petition is not maintainable as the decision of the Speaker to certify a particular Bill as a ‘Money Bill’ is not subject to judicial review.
He said there are a number of judgments which hold that the Speaker’s decision in this regard is final. Mr Chidambaram, however, said the Aadhaar law ought not to have been passed as a Money bill.
The attempt to pass it as a money bill is a colourable exercise of power. When the CJI wanted to know as it what manner the fundamental rights of the petitioner has been affected, Mr Chidambaram said when Parliament violates rule of law and there is gross transgression, the court can interfere.
Counsel submitted that both LS and RS are equal. The Bench asked Mr Chidambaram and the AG to give a brief note of their submissions.