The issue centres on the interpretation and application of Article 110 of the Indian Constitution, which defines what constitutes a money bill. Money bills, unlike ordinary bills, can be introduced and passed without the approval of the Rajya Sabha, effectively bypassing the scrutiny and potential obstruction by the opposition-dominated upper house. The government had provided a farfetched definition of Aadhaar as an instrument to provide efficient subsidy to vulnerable sections to bring the Aadhaar law in the ambit of a money bill. But this had widely raised eyebrows.
Critics, including opposition parties and legal experts, argue that the government has been misusing the money bill provision to evade parliamentary oversight and undermine the Rajya Sabha's role as a check on hasty legislation. They contend that several bills categorized as money bills do not meet the constitutional criteria and have been wrongly categorized to circumvent opposition in the Rajya Sabha. This practice, they argue, erodes the principles of democratic deliberation and legislative scrutiny that are essential for robust governance.
The Modi government, faced with legislative impasses in the Rajya Sabha, has increasingly turned to this route to push through key reforms and landmark legislations. As far as the BJP and the Modi government are concerned, the situation portends a murky past and a murkier future.
The strength of BJP in the Rajya Sabha has fallen to 86, affecting NDA's legislative leverage. With other partners included, the strength increases to only 101.This has significant implications for the passage of contentious legislation through the upper house. On the other hand, the government faces heightened opposition following successive state elections where opposition parties have gained ground with increased tally.
With a reduced strength and growing opposition unity on critical issues, the government faces an uphill task in securing legislative mandates without resorting to contentious methods. The efficacy and legitimacy of governance through executive orders and ordinances have also been questioned in this context, reinforcing concerns about democratic governance and parliamentary accountability.
Petitions filed by various stakeholders question the validity of bills passed under the money bill label, alleging that such classification was arbitrary and designed to avoid debate and amendment in the Rajya Sabha. These petitions highlight specific legislative instances where controversial bills, such as those related to taxation and finance, were pushed through as money bills despite their broader implications beyond fiscal matters.
The legal challenge before the Supreme Court is not just about the technical interpretation of constitutional provisions but also about the broader implications for India's democratic framework. It raises fundamental questions about the balance of powers between the executive and legislative branches and the role of judicial oversight in upholding constitutional principles.
In response to these challenges, the government has defended its use of the money bill route as a necessary tool to overcome legislative gridlock and ensure the implementation of crucial reforms. It contends that the classification of bills as money bills was done in accordance with legal advice and parliamentary practice, emphasizing the need for expeditious decision-making in matters of economic and fiscal policy.
The Supreme Court's eventual ruling on these petitions is eagerly awaited as it holds the potential to set a precedent for future legislative practices and the interpretation of constitutional provisions. Beyond the immediate legal implications, the case has broader ramifications for India's democratic governance, judicial independence, and the balance of power between different branches of government. (IPA Service)
MONEY BILL CHALLENGE IN SUPREME COURT WORSENS VULNERABILITY OF RULING PARTY
MODI GOVERNMENT’S SITUATION PORTENDS A MURKY PAST AND MURKIER FUTURE
K Raveendran - 2024-07-17 12:01
If Aadhaar is a money matter, anything can be interpreted to mean anything else. This will be one of the key dilemmas that the seven-member constitutional bench will consider when it begins deliberations on the petitions against the use of money bill route by the Modi government to overcome legislative hurdles in pushing controversial legislations. Chief Justice D Y Chandrachud this week decided that it is time the learned judges got down to work after the bench remained virtually dormant since October last year when the bench was announced.