Was the Govt Right to Use Ordinance Route for Aadhaar Amendments?
Most courts are unlikely to ever say that something done by the President of India on the advice of the Union Cabinet was an abuse of power. From the absence of a law governing its use when it was introduced by the UPA government, to the way in which the Aadhaar Act 2016 was railroaded through Parliament by designating it a Money Bill, a disregard for the law has been a key feature of the programme. The designation of the Aadhaar Act as a Money Bill was termed by Justice Chandrachud, in his dissenting opinion in the Aadhaar case, as a “fraud on the Constitution”. Coming to the ordinance itself, it follows an attempt to get this law passed in Parliament – a bill with the same amendments was passed by the Lok Sabha on 8 January 2019, but wasn’t passed by the Rajya Sabha before the session ended. The fact that it failed to get past the Rajya Sabha should not be so easily discounted, since it was because of objections in the Rajya Sabha that the Money Bill fiasco had taken place in 2016.
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