Topic Of The Day:- “The Money Bill Question”
Whether this decision disappoints those who had high expectations or remains enigmatic on key aspects is a question which will be debated for long. But clearly the majority disappoints with the lack of constitutionalscrutiny on the finality of the Speaker’s decision on what amounts to a Money Bill under Article 110(3) of the Constitution.
No one doubts the high constitutional status of the Speaker, but a very expansive view suggests that any bill which involves recourse to Consolidated Fund of India is a Money Bill and the finality of the Speaker’s decision is virtually unchallengeable. The other view is that the Speaker, like all constitutional functionaries, is bound to exercise the discretion reasonably; purposive as well as strict pragmatic scrutiny carrying “lethal emanations” from Article 14 and 21 must ensue when a large number of bills are tagged with Money Bills. This is dangerous because it removes the rationale for bicameral legislatures, because the Constitution does not foreclose the Rajya Sabha’s collective right to meaningfully deliberate legislative change. The Constitution is not a political tactic, it is not a mere ‘play thing’ of a special majority as Justice M. Hidayatullah said in Sajjan Singh v. State of Rajasthan (1965), laying the foundations of what became thedoctrine of basic structure and essential features. Perhaps, T.S. Eliot’s words regarding Shakespeare remain apt for constitutional interpretation: “…if we can never be right, it is better that we should, from time to time, change our way of being wrong”.
But the majority led by Justice Sikri gives a short shrift to the finality argument. Both Justice Chandrachud and Justice Bhushan refer to a set of decisions which subject ‘finality’ to judicial review and even the basic structure but Justice Bhushan while ruling that the decision of the Speaker is not “immuned [sic] from Judicial Review” still takes the view that the Speaker’s decision “does not violate any constitutional provision, hence does not call for any interference in this proceeding”.
Justice Chandrachud fully dissents and holds the law invalid as a “fraud on the Constitution”, that is a colourable exercise of constitutional power. He maintains that the “notion of absolute power” is anathema to the Constitution and that there is need to “liberate its founding principles from its colonial past”. Its purpose cannot be to shield an excess of power from being questioned before the court, nor to clothe a high functionary with utter impunity.
MEANING AND WORD
1) enigmatic
Meaning : difficult to interpret or understand; mysterious.
Synonyms : puzzling , cryptic
Antonyms : clear
Example : “he took the money with an enigmatic smile”
2) scrutiny
Meaning : critical observation or examination.
Synonyms : examination , inspection
Antonyms : inspection
Example : “every aspect of local government was placed under scrutiny“
3) discretion
Meaning : the quality of behaving or speaking in such a way as to avoid causing offence or revealing confidential information.
Synonyms : prudence , caution
Antonyms : paranoia
Example : “she knew she could rely on his discretion”
4) purposive
Meaning : having or done with a purpose.
Synonyms : purposeful
Antonyms : aimless
Example : “teaching is a purposive activity”
5) emanations
Meaning : something which originates or issues from a source.
Synonyms : exhalations , odors
Example : “she saw the insults as emanations of his own tortured personality”
6) bicameral
Meaning : (of a legislative body) having two chambers.
Synonyms : bipartite , divided
Antonyms : unicameral
Example : “a bicameral Parliament consisting of an appointed Senate and a popularly elected House of Assembly”
7) doctrine
Meaning : a belief or set of beliefs held and taught by a Church, political party, or other group.
Synonyms : philosophy , belief
Antonyms : disbelief
Example : “the doctrine of predestination”
8) shrift
Meaning : confession, especially to a priest.
Synonyms : confession , absolution
Example : “go to shrift”
9) dissents
Meaning : the holding or expression of opinions at variance with those commonly or officially held.
Synonyms : conflicts , disputes
Antonyms : agrees
Example : “there was no dissent from this view”
10) utter
Meaning : complete; absolute.
Synonyms : say , complete
Antonyms : incomplete
Example : “Charlotte stared at her in utter amazement”
