Wednesday, March 16, 2016

Aadhaar cleared through Money Bill route: Why Modi cannot use this option every time



Will the National Democratic Alliance (NDA) government now use the Money Bills route to get Parliament — more to the point the Rajya Sabha where it does not have a majority — to clear legislation?
The fact is, getting all Bills to be classified as Money Bills to circumvent the Rajya Sabha could be a stretch.
The law on this is crystal clear.
Read more from our special coverage on "AADHAAR BILL"
  • 5 changes RS wanted in Aadhaar Bill, legal challenge next
  • Government subsidies should reach the right hands: Jaitley
  • Opposition prepares to recommend amendments to Aadhaar Bill
  • Aadhaar Bill passage a landmark development: Panagariya
  • Lok Sabha passes Aadhaar Bill to empower citizens
Under Article 110(1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund;
(d) the appropriation of moneys out of the Consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
A Bill is not deemed to be Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

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