[Tribunals- Day-2] If Your Lordships Finds Speaker's Certificate Invalid, Whole Finance Act With Amendments To All Statutes Will Go":AG
6 years ago

[Tribunals- Day-2] If Your Lordships Finds Speaker's Certificate Invalid, Whole Finance Act With Amendments To All Statutes Will Go":AG

Live Law  

In his turn, Attorney General K. K. Venugopal on Thursday defended the passage of the Finance Act of 2017 as a Money Bill in circumvention of the Rajya Sabha. The certification of the Speaker is not for any part of the Act but for the entire Finance Bill.Suppose a situation arises that the Rajya Sabha is unable to pass the Bill because of the majority it has, then irrespective of its objections, the Bill would be cleared as a money bill", he continued. Justice Chandrachud had noted that in as much as Article 110 renders as final the decision of the Lok Sabha Speaker on the question whether a Bill is a Money Bill, this finality operates only inter se the Houses and not to exclude the jurisdiction of the courts. Just like the Parliament cannot encroach upon the powers of judiciary, if a dispute arises as to a money bill, whether the upper house is ignored and the bill is put up for the assent of the President, these are all internal matters of the parliament.Nobody can challenge the bonafides of the Speaker.it is a part of the functioning of the parliament and to say that the finality will not stand is violence to the separation of powers.In the Raj Narain case, vast amendments were made to protect the PM, which were struck down by the court holding that the Parliament was in exercise of judicial powers.

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History of this topic

'Will take a call..': Supreme Court on forming bench to examine passing laws as money bill
8 months, 1 week ago

'Will take a call..': Supreme Court on forming bench to examine passing laws as money bill

Hindustan Times  

The Supreme Court on Monday agreed to consider a submission for setting up a constitution bench to hear pleas challenging the validity of passage of laws like the Aadhaar Act as money bills allegedly to bypass the Rajya Sabha. A bench comprising Chief Justice of India D Y Chandrachud and justices J B Pardiwala and Manoj Misra was urged by …

CJI Chandrachud agrees to list petitions challenging Money Bill route for contentious amendments
8 months, 1 week ago

CJI Chandrachud agrees to list petitions challenging Money Bill route for contentious amendments

The Hindu  

Chief Justice of India D.Y. Chandrachud on July 15 agreed to list petitions challenging the Money Bill route taken by the Centre to pass contentious amendments in the Parliament. The Money Bill question was referred to a seven-judge Bench in November 2019 by a five-judge Bench headed by Chief Justice Ranjan Gogoi in the case of Rojer Mathew vs. South …

Will Take A Call On Hearing Money Bill Issue Soon : CJI DY Chandrachud
8 months, 1 week ago

Will Take A Call On Hearing Money Bill Issue Soon : CJI DY Chandrachud

Live Law  

Chief Justice of India DY Chandrachud on Monday agreed to take a call on hearing the "money bill" issue soon. The majority judgment in Aadhaar case by Justice AK Sikri had held that the Aadhaar Bill in its pith and substance would pass the test of being a Money Bill. Justice Chandrachud, in his dissent in the Aadhaar judgment, referred …

Political exigencies no reason to speed up money bill case: Centre
1 year, 5 months ago

Political exigencies no reason to speed up money bill case: Centre

Hindustan Times  

Political exigencies cannot be a reason to speed up the Constitution bench hearing of a clutch of petitions that seek the court to determine the subjects and objective of a draft legislation for justifying its passage as a money bill, obviating the need of Rajya Sabha oversight, the Union government submitted in the Supreme Court on Thursday. In 2018, a …

Money Bill, AMU’s minority status, Quota within quota: The cases before the new CJI-led seven-judge Constitution Bench | Explained
1 year, 5 months ago

Money Bill, AMU’s minority status, Quota within quota: The cases before the new CJI-led seven-judge Constitution Bench | Explained

The Hindu  

The story so far: A Bench led by Chief Justice of India D.Y. Other cases pertain to the contentious issue of the minority status of the Aligarh Muslim University, the passage of crucial laws such as the Aadhaar Act as a ‘Money Bill’, re-distribution of quota within the Scheduled Caste reservation on the basis of backwardness of communities, freedom of …

The Money Bill conundrum: Seven-judge Constitution Bench to revisit | Explained
1 year, 5 months ago

The Money Bill conundrum: Seven-judge Constitution Bench to revisit | Explained

The Hindu  

October 10, 2023 05:34 pm | Updated October 11, 2023 06:49 pm IST The story so far: The Chief Justice of India D.Y. The decision, in this case, will give quietus to the controversy pertaining to the government introducing crucial laws such as the Aadhaar Bill, amendments to the Prevention of Money Laundering Act, 2002, and the Foreign Contributions Regulations …

Supreme Court to form 7-judge Bench to consider issue relating to Money Bill
1 year, 5 months ago

Supreme Court to form 7-judge Bench to consider issue relating to Money Bill

The Hindu  

The Supreme Court said on Friday it will constitute a seven-judge Bench to consider the issue of validity of passage of laws like the Aadhaar Act as Money Bill. The decision is aimed at addressing the controversy around Money Bills after the government introduced legislation like the Aadhaar Bill and even amendments to the Prevention of Money Laundering Act as …

Will Constitute 7-Judge Bench Soon To Hear Money Bills Issue, Says CJI DY Chandrachud
1 year, 5 months ago

Will Constitute 7-Judge Bench Soon To Hear Money Bills Issue, Says CJI DY Chandrachud

Live Law  

Today, the Chief Justice of India DY Chandrachud orally remarked that he would soon be constituting a seven-judge bench to hear the constitutional issue regarding money bills. The remark was made when Senior Advocate Menaka Guruswamy, appearing before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra raised the issue and stated–"This is about the money. …

The Saga Of Money Bill Controversies In India
1 year, 9 months ago

The Saga Of Money Bill Controversies In India

Live Law  

Chief Justice DY Chandrachud recently made an oral remark on the constitution of a 7 judge bench for considering the money bill issue. The Controversies on the Money Bills The fact that money bill requires passing by lower house of the legislature alone and is not affected by the amendments and recommendations suggested by the upper house is being misused …

Money Bill Issue : CJI DY Chandrachud Says Will Consider Forming 7-Judge Bench
1 year, 10 months ago

Money Bill Issue : CJI DY Chandrachud Says Will Consider Forming 7-Judge Bench

Live Law  

Chief Justice of India DY Chandrachud orally remarked today that constituting a seven-judge bench to hear the constitutional issue regarding money bills is on his mind. Singhvi requested– "Your lordship had said earlier also that you will consider as soon as possible, after the holidays, the seven judge bench on the money bill issue." Justice Chandrachud, in his dissent, referred …

The Tribunals Judgment – I: A Course Correction On The Money Bill
5 years, 4 months ago

The Tribunals Judgment – I: A Course Correction On The Money Bill

Live Law  

On November 13, a Constitution Bench of the Supreme Court delivered an important judgment concerning the constitutional validity of the Finance Act of 2017. There were, therefore, three issues before the Court: whether the Speaker of the Lok Sabha had correctly certified the Finance Act as a money bill; whether Section 184 of the Finance Act – the delegation provision …

Supreme Court to verify the correctness of the Aadhaar Judgment
5 years, 4 months ago

Supreme Court to verify the correctness of the Aadhaar Judgment

Live Mint  

The Supreme Court while referring the case on the Finance Act 2017 being passed as money bill to a larger bench, also held in its judgment that the larger bench should also look into the correctness of the Aadhaar judgment. The five judge constitution bench headed by the Chief Justice Ranjan Gogoi and also comprising Justices N. V. Ramana, Chandrachud, …

Delhi HC Dismisses Jairam Ramesh's Challenge To Amendments In PMLA Through Money Bill [Read Order]
6 years, 1 month ago

Delhi HC Dismisses Jairam Ramesh's Challenge To Amendments In PMLA Through Money Bill [Read Order]

Live Law  

The Delhi High Court on Thursday dismissed a petition moved by Congress MP Jairam Ramesh challenging the amendments made to the anti-money laundering law since 2015 enacted via Finance Acts as 'Money Bills. A bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao dismissed Ramesh's petition seeking to declare and set aside sections 145, 146, 147, 148, 149, …

Aadhaar Hearing [Day 16]: Decision Of Speaker On Money Bill Not Outside The Scope Of Judicial Review, Argues P Chidambaram [Read Written Submissions Of KVV]
7 years ago

Aadhaar Hearing [Day 16]: Decision Of Speaker On Money Bill Not Outside The Scope Of Judicial Review, Argues P Chidambaram [Read Written Submissions Of KVV]

Live Law  

On Day 16 of the Aadhaar hearing, senior counsel P Chidambaram, appearing on behalf of Congress leader Jairam Ramesh, one of the petitioners, resumed his argument that Article 110, in so far as it provides that the decision of the Speaker of the Lok Sabha as to whether a Bill is a ‘Money Bill’ shall be final, does not exclude …

Would Read Privacy Verdict Before Hearing Jairam Ramesh Plea: CJI
7 years, 6 months ago

Would Read Privacy Verdict Before Hearing Jairam Ramesh Plea: CJI

Live Law  

The Chief Justice Dipak Misra led bench today said it will first go through the crucial judgement on privacy before taking a call on Congress leader Jairam Ramesh's challenge to the Lok Sabha Speaker's decision to certify a bill to amend the Aadhaar law as a money bill.A nine judge constitution bench had declared privacy a fundamental right.The plea was …

Would Read Privacy Verdict Before Hearing Jairam Ramesh Plea: CJI
7 years, 6 months ago

Would Read Privacy Verdict Before Hearing Jairam Ramesh Plea: CJI

Live Law  

The Chief Justice Dipak Misra led bench today said it will first go through the crucial judgement on privacy before taking a call on Congress leader Jairam Ramesh's challenge to the Lok Sabha Speaker's decision to certify a bill to amend the Aadhaar law as a money bill.A nine judge constitution bench had declared privacy a fundamental right.The plea was …

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]

Live Law  

Congress MP Jairam Ramesh on Friday again moved the Supreme Court challenging the provisions of the Finance Act, 2017, which confers “uncanalised power on Central government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.In the petition, Ramesh challenged sections 182, 183, 184 and 185 of the Finance Act,. Congress MP …

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]

Live Law  

Congress MP Jairam Ramesh on Friday again moved the Supreme Court challenging the provisions of the Finance Act, 2017, which confers “uncanalised power on Central government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.In the petition, Ramesh challenged sections 182, 183, 184 and 185 of the Finance Act,. Congress MP …

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC
7 years, 8 months ago

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC

Live Law  

The Madras High Court on Wednesday reportedly observed that all appointments to the 19 odd tribunals, under the purview of the impugned Finance Act and Rules, would be subject to the final order in the writ petition filed by the Madras Bar Association.The Bench comprising Chief Justice Indira Banerjee and Justice Bhavani Subbarayan, however, refused to stay the provisions. The …

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC
7 years, 8 months ago

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC

Live Law  

The Madras High Court on Wednesday reportedly observed that all appointments to the 19 odd tribunals, under the purview of the impugned Finance Act and Rules, would be subject to the final order in the writ petition filed by the Madras Bar Association.The Bench comprising Chief Justice Indira Banerjee and Justice Bhavani Subbarayan, however, refused to stay the provisions. The …

Petition Filed In Madras HC Challenging Tribunal Provisions Of Finance Act, Notice Issued [Read Petition]
7 years, 9 months ago

Petition Filed In Madras HC Challenging Tribunal Provisions Of Finance Act, Notice Issued [Read Petition]

Live Law  

The High Court of Madras on Friday issued notice to the Central Government on a Petition challenging Sections 156 to 189 of the Finance Act, 2017 and the Tribunal, Appellate and other Authorities Rules, 2017. The notice was issued by a Bench comprising Chief Justice Indira Banerjee and Justice M. Sundar.Sections 156 to. The Rules have, therefore, been challenged on …

Finance Bill 2017: If Rajya Sabha's importance is diminished, Opposition has only itself to blame
7 years, 11 months ago

Finance Bill 2017: If Rajya Sabha's importance is diminished, Opposition has only itself to blame

Firstpost  

The finance minister has been hauled over the coals for taking the money bill route to push through key legislations. Facing criticism in Lok Sabha from a united Opposition for tagging non-tax bills as money bills, the finance minister has quoted former Speaker GV Mavalankar to claim that when “a bill substantially deals with the imposition, abolition etc of a …

Fali Nariman, others write to Hamid Ansari on Finance Bill classification
7 years, 11 months ago

Fali Nariman, others write to Hamid Ansari on Finance Bill classification

Live Mint  

New Delhi: A group of eminent citizens, including noted jurist Fali S. Nariman, has written to vice president Hamid Ansari expressing concern over classification of the Finance Bill, 2017, as a money bill. The Finance Bill, 2017, includes 40 amendments to a number of Acts which have “far-reaching” consequences for not only several laws but the very nature of Indian …

The Finance Bill, 2017: the far-reaching consequences of a Lok Sabha majority
8 years ago

The Finance Bill, 2017: the far-reaching consequences of a Lok Sabha majority

The Hindu  

March 25, 2017 04:25 pm | Updated March 26, 2017 01:42 pm IST While Yogi Adityanath made his maiden speech in the Lok Sabha as the new Chief Minister of Uttar Pradesh, the government managed to pass The Finance Bill, 2017 on Wednesday with little or no opposition thanks to its introduction as a Money Bill. Money Bills can be …

Aadhaar Bill: Courts Cannot Question Legislative Procedure: AG To SC
8 years, 1 month ago

Aadhaar Bill: Courts Cannot Question Legislative Procedure: AG To SC

Live Law  

The Supreme Court today began hearing the view of Attorney General Mukul Rohatgi on a petition filed by Senior Congress leader Jairam Ramesh challenging the decision to treat Aadhaar bill as a money bill, which was passed during Budget session in March last year overruling amendments moved in the Rajya Sabha.The AG told the court that the Speaker’s decision on …

Aadhaar Bill: Courts Cannot Question Legislative Procedure: AG To SC
8 years, 1 month ago

Aadhaar Bill: Courts Cannot Question Legislative Procedure: AG To SC

Live Law  

The Supreme Court today began hearing the view of Attorney General Mukul Rohatgi on a petition filed by Senior Congress leader Jairam Ramesh challenging the decision to treat Aadhaar bill as a money bill, which was passed during Budget session in March last year overruling amendments moved in the Rajya Sabha.The AG told the court that the Speaker’s decision on …

Aadhaar Bill: Centre opposes plea proposed by Jairam Ramesh in SC
8 years, 10 months ago

Aadhaar Bill: Centre opposes plea proposed by Jairam Ramesh in SC

Firstpost  

Appearing for Ramesh, Chidambaram said Aadhaar Bill cannot be treated as Money Bill so the petition has been filed under Article 32. New Delhi: The Centre on Tuesday opposed the petition filed by senior Congress leader Jairam Ramesh questioning the decision to treat Aadhaar Bill as a money bill saying that the constitutional provision bars him from challenging it. Jairam …

SC seeks Attorney General's assistance on Jairam Ramesh's Aadhar plea
8 years, 11 months ago

SC seeks Attorney General's assistance on Jairam Ramesh's Aadhar plea

Firstpost  

The Supreme Court on Monday agreed to hear the plea of Congress leader Jairam Ramesh who has challenged the propriety of the government introducing the Aadhaar law New Delhi: The Supreme Court on Monday sought assistance of Attorney General on a plea of senior Congress leader Jairam Ramesh challenging the decision to treat Aadhaar bill as a money bill, which …

SC seeks AG’s view on Jairam Ramesh’s plea against treating Aadhar bill as money bill
8 years, 11 months ago

SC seeks AG’s view on Jairam Ramesh’s plea against treating Aadhar bill as money bill

Live Law  

The Supreme Court today sought the view of Attorney General Mukul Rohatgi on a petition filed by Senior Congress leader Jairam Ramesh challenging the decision to treat Aadhaar bill as a money bill, which was passed during Budget session in March 2016, overruling amendments moved in the Rajya Sabha.Another senior congress leader and lawyer P Chidambaram argued the matter for …

SC seeks AG’s view on Jairam Ramesh’s plea against treating Aadhar bill as money bill
8 years, 11 months ago

SC seeks AG’s view on Jairam Ramesh’s plea against treating Aadhar bill as money bill

Live Law  

The Supreme Court today sought the view of Attorney General Mukul Rohatgi on a petition filed by Senior Congress leader Jairam Ramesh challenging the decision to treat Aadhaar bill as a money bill, which was passed during Budget session in March 2016, overruling amendments moved in the Rajya Sabha.Another senior congress leader and lawyer P Chidambaram argued the matter for …

Tussle continues over Aadhaar bill
9 years ago

Tussle continues over Aadhaar bill

The Hindu  

The question of whether or not the Aadhaar bill is a >money bill continues to vex Parliament, with the Rajya Sabha’s Business Advisory Committee meeting ending inconclusively after the Opposition demanded specific clauses of Article 110 of the Constitution that defines a Money Bill to be part of Speaker Sumitra Mahajan’s certification of it as such. At the meeting on …

Govt.’s money Bill strategy makes Opposition wary
9 years, 7 months ago

Govt.’s money Bill strategy makes Opposition wary

The Hindu  

The Bharatiya Janata Party has begun to consider options on how to sidestep Parliament and yet run the government, as Opposition solidarity continued to hamper the functioning of the two Houses on Wednesday. On Wednesday, in off-the-record conversations, top BJP sources expanded on employing the money Bill route to pass key laws that it felt are necessary for the government …

Opposition sees red in money Bill route
9 years, 10 months ago

Opposition sees red in money Bill route

The Hindu  

Finance Minister Arun Jaitley’s justification of using the route of money Bills to pass key legislation to bypass scrutiny by the Rajya Sabha has not cut ice with the Opposition, which alleged that the government was subverting parliamentary procedures. Balagopal flagged the issue in a letter to the Rajya Sabha Chairman, warning that “if the wrong tendency to bypass the …

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