Supreme Court doubts correctness of Aadhaar judgement, refers it to a larger bench

A five-judge bench of the Supreme Court on Wednesday raised doubts over the correctness of the Aadhaar judgement delivered last year and has referred the validity of the law being passed as a money bill to a larger seven-judge bench, Bar and Bench reported. The top court held this while referring the passage of Finance Act 2017 as money bill to a larger bench earlier in the day.

The court on Wednesday said the Aadhaar judgement did not elucidate and explain the scope and ambit of sub-clauses (a) to (f) to clause (1) of Article 110 of the Constitution. Article 110(1) grants the Lok Sabha Speaker the authority to certify a draft law as a money bill as long as the legislation dealt only with all or any of the matters specifically listed in the provision.

Justice DY Chandrachud, who was part of the five-judge bench led by then Chief Justice Dipak Misra, had said in September 2018 it was a “subterfuge” and a “fraud on the constitution”.

— source | Nov 13, 2019

Nullius in verba


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