Toady(on 15th July), The Supreme Court of India has agreed to consider forming a constitution bench to hear petitions challenging laws like the Aadhaar Act passed as money bills. Senior advocate Kapil Sibal, representing the petitioners, informed a bench including CJI D Y Chandrachud that all pleadings are complete and petitions are ready for hearing.
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NEW DELHI: Toady(on 15th July), The Supreme Court of India has agreed to consider forming a constitution bench to address petitions challenging the validity of certain laws, such as the Aadhaar Act, which were allegedly passed as money bills to bypass the Rajya Sabha.
A bench, including Chief Justice of India (CJI) D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra, was approached by senior advocate Kapil Sibal, who also serves as the head of the Supreme Court Bar Association. Sibal emphasized that all necessary pleadings were complete and the petitions were ready for a hearing.
“I will take the call when I form the constitution benches,”
-stated the CJI, indicating a forthcoming decision on the matter.
Previously, the Supreme Court had announced its intention to establish a seven-judge bench specifically to scrutinize the legitimacy of passing laws like the Aadhaar Act as money bills. This decision aims to resolve the ongoing controversy surrounding the use of money bills by the government. The controversy stems from the introduction of significant legislation such as the Aadhaar Act and amendments to the Prevention of Money Laundering Act (PMLA) as money bills. These actions were perceived as a strategy to circumvent the Rajya Sabha, where the government did not hold a majority at the time.
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In the context of Indian legislative procedures, a money bill is a type of legislation that can only be introduced in the Lok Sabha. The Rajya Sabha does not possess the authority to amend or reject a money bill. Instead, it can only make recommendations, which the Lok Sabha may or may not accept. This unique legislative provision has sparked debates on its use and potential misuse.
The petitions challenging these laws argue that the classification of such significant legislation as money bills undermines the checks and balances inherent in the Indian parliamentary system. By bypassing the Rajya Sabha, critics claim that the government sidesteps critical scrutiny and debate, which are essential for a healthy democracy.
The outcome of this Supreme Court decision is awaited with keen interest, as it will have significant implications for the legislative process in India. The court’s examination will delve into whether the government’s actions align with the constitutional provisions and the intended purpose of money bills.
Kapil Sibal’s assertion highlights the urgency and importance of addressing these petitions. As the head of the Supreme Court Bar Association, his involvement underscores the legal community’s concerns about the legislative process and the need for judicial intervention.
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The formation of a constitution bench to hear these pleas will be a pivotal moment in Indian legal history. It will not only address the specific cases at hand but also set a precedent for how similar situations should be handled in the future. The decision to classify a bill as a money bill, and the subsequent legislative actions, will be scrutinized to ensure they adhere to constitutional principles and democratic norms.
