Can Speaker's decision to certify money bill come under judicial review ?
Is the speaker.s decision to certify a bill as a money bill under the scope of judicial review ?
With the validity of aadhar bill being a money bill being considered, but the constitutional articles saying otherwise..
Neyawn,TheProbe1. Money Bill's Scope and Ambit wrt Aadhar - The matter is sub-judice. Court has referred it to a 7 judge bench.
2. Status as of Now:
While, pronouncing the verdict of Aadhar being a money bill, SC has stated, that Speaker cannot go beyond the scope of A. 110 and is bound by the Constitution. So the matter can be subjected to judicial review.
Now, Article 110 (3) clearly states that with regard to the question whether a legislation is a money Bill or not, the decision of the speaker is final and binding. Here one has to read it in conjunction with Article 122 which prohibits the courts from questioning the validity of any proceedings in parliament on the ground of any alleged irregularity of procedure.
So, the matter is still not very clear and the inferences are just base don judicial pronouncements.
JD2021,cot_ainok
upsc2020,
@upsc2020 hmmm.. thanks.The status is still not clear. We can only hope that we don.t get this in this prelims. :P
Yes, this was settled inRojer Mathew v. South Indian Bank (2019)where a 5-judge SC bench held that the Speaker's certification of a money bill IS subject to judicial review, but with a high threshold. The court referred the broader question to a 7-judge bench.
The key point for UPSC: Article 110 defines money bills, but there's no explicit bar on courts reviewing Speaker's certification. The SC applied the doctrine ofconstitutional moralityto hold it reviewable.
For understanding how such constitutional cases actually travel through the court system — from district courts all the way to SC — I've found ecourtsindia.com useful for tracking real PIL cases and seeing how they're listed and heard.
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