BEGHAR FOUNDATION Vs. JUSTICE K.S. PUTTASWAMY (RETD)

JUDGEMENT

(1.) I regret my inability to agree with the decision of the majority in dismissing the present batch of review petitions.

(2.) This batch of petitions seeks a review of the decision of a Constitution Bench of this Court in Puttaswamy (Aadhaar-5J.) v. Union of India (2019) 1 SCC 1 ['Puttaswamy (Aadhar-5J.']. Among the issues which arose for decision, the Court had to answer two critical questions: (i) whether the decision of the Speaker of the House of People 2 under Article 110(3) of the Constitution, to certify a bill as a 'Money Bill' under Article 110(1) is final and binding, or can be subject to judicial review; and (ii) if the decision is subject to judicial review, whether the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (the 'Aadhaar Act') had been correctly certified as a 'Money Bill' under Article 110(1) of the Constitution.

(3.) On the first question, the majority (speaking through Dr Justice A.K. Sikri) stated that '[j]udicial review [of whether a Bill is a 'Money Bill'] would be admissible under certain circumstances having regard to the law laid down by this Court' 3. While answering the second question, the majority held that Section 7 of the Aadhaar Act had elements of a 'Money Bill', and the other provisions were incidental to the 'core' of the Aadhaar Act. Hence, the majority held that the Aadhaar Act had been correctly certified as a 'Money Bill' under Article 110(1).