[Jan] Aadhaar law as a Money Bill Flashcards

1
Q

Background?

A

The Aadhaar Bill had been certified by the government as a money Bill, enabling it to get it cleared without getting the assent of a majority in the Rajya Sabha.

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2
Q

Why is aadhar a money bill?

A

Section 7 of Aadhaar Act provided that the expenditure for subsidy, services or benefits under welfare schemes would be met from the Consolidated Fund of India

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3
Q

On which 2 issues petitions were filed?

A
  1. Whether the Speaker’s decision to declare a proposed law as Money Bill was “final” and cannot be challenged in court.
  2. 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.
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4
Q

SC on these petitions?

A

Speaker’s decision could be challenged in court only under “certain circumstances”.

The Aadhaar Act was rightly called a Money Bill.

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5
Q

What is money bill?

A

A Money Bill is one that contains provisions for taxes, appropriation of funds etc.

Money Bills can be introduced only in the Lok Sabha, and the Rajya Sabha cannot make amendments to such bills passed by the Lok Sabha.

Under Article 110(1), a Bill is deemed to be a money Bill if it deals only with matters specified in Article 110 (1) (a) to (g) — taxation, borrowing by the government and appropriation of money from the Consolidated Fund of India among others.

According to Article 110 (3) of the Constitution, “if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.”

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