Case Note & Summary
The Supreme Court addressed a series of review petitions challenging the certification of the Aadhaar Act as a 'Money Bill' under Article 110 of the Constitution. The petitions were filed following a final judgment dated 26.09.2018, which upheld the certification. The petitioners argued that the majority opinion in the earlier judgment was flawed and that the Aadhaar Act's certification violated constitutional norms. The court examined whether the Speaker's decision could be subject to judicial review and concluded that while such review is possible, the current petitions did not present sufficient grounds for review. The dissenting opinion emphasized the need for a larger bench to resolve the constitutional questions raised, particularly regarding the definition and implications of a 'Money Bill.' The majority ultimately dismissed the review petitions, asserting that changes in law or subsequent judgments do not constitute grounds for review. The dissenting judge argued for the necessity of awaiting a larger bench's determination on the issues raised, highlighting the potential consequences for judicial discipline and justice (Paras 1-14).
Headnote
A) Constitutional Law - Judicial Review of Legislative Certification - Scope of Judicial Review - Constitution of India, 1950, Article 110 - The court held that the decision of the Speaker certifying a Bill as a Money Bill is subject to judicial review if it breaches constitutional provisions. However, the majority dismissed the review petitions, stating that no grounds for review were established (Paras 1-14).
Issue of Consideration
Whether the review petitions against the certification of the Aadhaar Act as a 'Money Bill' under Article 110 of the Constitution should be allowed.
Final Decision
The Supreme Court dismissed the review petitions, stating that no case for review of the judgment dated 26.09.2018 was made out. The court emphasized that changes in law or subsequent decisions do not constitute grounds for review.
Law Points
- Judicial review
- Money Bill certification
- Constitutional requirements
- Review petitions
- Legislative procedure
