Supreme Court of India
BEGHAR FOUNDATION THROUGH ITS SECRETARY AND ANR.versusJUSTICE K.S. PUTTASWAMY (RETD.) AND ORS.
- Citation
- 2021 INSC 14
- Decided
- 11 January 2021
- Disposal
- Dismissed
- Bench
- D Y CHANDRACHUD
Holding
A change in law or a subsequent coordinate or larger bench decision does not constitute a ground for review of a Supreme Court judgment; therefore, the review petitions were dismissed.
Summary
The Supreme Court considered a batch of review petitions filed by Beghar Foundation challenging the majority opinion in Puttaswamy (Aadhaar‑5J.) that the Aadhaar Act was a Money Bill under Article 110. The petitioners argued that a subsequent coordinate bench decision in Rojer Mathew raised doubts about that certification and therefore warranted a review. The majority held that a change in law or a later judgment of a coordinate or larger bench does not, by itself, constitute a ground for review of a Supreme Court judgment, and dismissed the petitions. Justice Chandrachud, dissenting, contended that the pending larger‑bench reference created a genuine issue that should keep the review petitions alive. The Court ultimately dismissed the review petitions, condoning delay but refusing any further hearing.
Issues considered
- Whether a change in law or a subsequent decision of a coordinate or larger bench can be a ground for review of a Supreme Court judgment.
- Whether the review petitions challenging the certification of the Aadhaar Act as a Money Bill should be entertained pending the larger bench decision in Rojer Mathew.
- Whether the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 qualifies as a Money Bill under Article 110 of the Constitution.
Legislation cited
Subjects
Money BillArticle 110Aadhaar ActJudicial ReviewReview PetitionSupreme CourtConstitutional LawLarger BenchInherent Jurisdiction
Judgment
[2021] 1 S.C.R. 681 681
BEGHAR FOUNDATION THROUGH ITS SECRETARY A
AND ANR.
v.
JUSTICE K.S. PUTTASWAMY (RETD.) AND ORS.
Review Petition (Civil) Diary No. 45777 of 2018
B
in
(Writ Petition (Civil) No. 494 of 2012)
JANUARY 11, 2021
[A. M. KHANWILKAR,
C
DR DHANANJAYA Y CHANDRACHUD,
ASHOK BHUSHAN, S. ABDUL NAZEER
AND B. R. GAVAI, JJ.]
Constitution of India – Art. 110 – Aadhaar (Targeted Delivery
of Financial and Other Subsidies, Benefits and Services) Act, 2016
– A batch of petitions sought review of the decision of a Constitution D
Bench of the Supreme Court in Puttaswamy (Aadhaar-5J) v. Union
of India [2018] 8 SCR 1: (2019) 1 SCC 1, it assails the reasoning
in the opinion of the majority on whether the Aadhaar Act was
‘Money Bill’ u/Art.110 of the Constitution – Earlier, the majority in
Puttaswamy (Aadhaar-5J) v. Union of India held that the Aadhaar E
Act was correctly certified as a ‘Money Bill’ u/Art.110 (1) – Held:
(Per Majority) no case for review of Puttaswamy (Aadhaar-5J) v.
Union of India [2018] 8 SCR 1: (2019) 1 SCC 1, judgment and
order dated 26.09.2018 is made out – The change in the law or
subsequent decision/judgment of a coordinate or larger Bench by
itself cannot be regarded as a ground for review – (Per Minority: F
Dr. Dhananjaya Y Chandrachud) If these review petitions are to be
dismissed and the larger Bench reference in Rojer Mathew v. South
Indian Bank Ltd. [2019] 16 SCR 1: (2020) 6 SCC 1 were to disagree
with the analysis of the majority opinion in Puttaswamy (Aadhaar-
5J.), it would have serious consequences-not just for judicial G
discipline, but also for the ends of justice – As such, the present
batch of review petitions should be kept pending until the larger
Bench decides the questions referred to it in Rojer Mathew.
Constitution of India – Art. 110 – Aadhaar (Targeted Delivery
of Financial and Other Subsidies, Benefits and Services) Act, 2016 H
681
682 SUPREME COURT REPORTS [2021] 1 S.C.R.
A – Held: Per Dr Dhananjaya Y. Chandrachud: The correctness of
Puttaswamy (Aadhaar-5J.) on issues pertaining to, and arising from,
the certification of a Bill as a ‘Money Bill’ by the Speaker of the
House of People was doubted by a co-ordinate Constitution Bench
in Rojer Mathew – With the doubt expressed by another Constitution
Bench on the correctness of the very decision which is the subject
B
matter of these review petitions, it is a constitutional error to hold at
this stage that no ground exists to review the judgment.
Dismissing the Review Petitions, the Court
HELD : [PER A.M. KHANWILKAR, ASHOK BHUSHAN,
C S. ABDUL NAZEER AND B.R. GAVAI, JJ.]
1. In opinion of this Court, no case for review of judgment
and order dated 26.09.2018 is made out. This Court hastens to
add that change in the law or subsequent decision/judgment of a
coordinate or larger Bench by itself cannot be regarded as a
D ground for review. [Para 4][684-D-E]
PER DHANANJAYA Y. CHANDRACHUD, J. (Dissenting)
2. The analysis of the majority opinion in Puttaswamy
(Aadhaar-5J.) in relation to the second question, i.e., whether
the Aadhaar Act was a ‘Money Bill’ under Article 110 has been
doubted by a coordinate bench in Rojer Mathew, when the first
E
question was referred to a larger bench. The larger bench has
not been constituted, and is yet to make a determination.
Dismissing the present batch of review petitions at this stage – a
course of action adopted by the majority – would place a seal of
finality on the issues in the present case, without the Court having
F the benefit of the larger bench’s consideration of the very issues
which arise before us. The correctness of Puttaswamy (Aadhaar-
5J.) on issues pertaining to, and arising from, the certification of
a Bill as a ‘Money Bill’ by the Speaker of the House of People
has been doubted by a co-ordinate Constitution Bench in Rojer
Mathew. With the doubt expressed by another Constitution
G
Bench on the correctness of the very decision which is the subject
matter of these review petitions, it is a constitutional error to
hold at this stage that no ground exists to review the judgment.
The larger bench’s determination would have an undeniable
impact on the validity of the reasons expressed in Puttaswamy
H
BEGHAR FOUNDATION THROUGH ITS SECRETARY v. JUSTICE K.S. 683
PUTTASWAMY
(Aadhaar-5J.), on the constitutional issues pertaining to and A
arising out of the certification by the Speaker of the House of
People. The failure to recontextualize the decision of the larger
bench with regard to the Aadhaar Act being a ‘Money Bill’
under Article 110(1) will render it a mere academic exercise.
[Para 11][691-D-H; 692-A]
B
3. It is important to draw a distinction with a situation where
a judgment attains finality and the view propounded by it is
disapproved by a larger bench subsequently. In the present case,
the above-mentioned review petitions had all been filed before
the judgment in Rojer Mathew was delivered on 13 November
2019. The review petitions were pending on the date when a C
reference was made to a larger bench in Rojer Mathew. These
review petitions were previously listed before a five-judge bench
headed by Justice Arun Mishra on 25 August 2020, and were not
disposed of. Hence, these review petitions have continued to
remain pending until now, and there is a strong reason for this D
Court not to dismiss them pending the decision of the larger
bench. [Para 12][692-B-C]
4. If these review petitions are to be dismissed and the
larger bench reference in Rojer Mathew were to disagree with
the analysis of the majority opinion in Puttaswamy (Aadhaar-5J.),
it would have serious consequences – not just for judicial E
discipline, but also for the ends of justice. As such, the present
batch of review petitions should be kept pending until the larger
bench decides the questions referred to it in Rojer Mathew.
[Para 14][693-A-B]
Puttaswamy (Aadhaar-5J.) v. Union of India (2019) 1 F
SCC 1: [2018] 8 SCR 1; Rojer Mathew v. South Indian
Bank Ltd (2020) 6 SCC 1: [2019] 16 SCR 1 – referred
to.
Case Law Reference
[2018] 8 SCR 1 referred to Para 2 G
[2019] 16 SCR 1 referred to Para 6
INHERENT JURISDICTION : Review Petition (Civil) Diary
No.45777 of 2018.
From the Judgment and Order dated 26.09.2018 of this Court in
Writ Petition (Civil) No.494 of 2012. H
684 SUPREME COURT REPORTS [2021] 1 S.C.R.
A With
Review Petition (Civil) No.3948 of 2018 in Writ Petition (Civil)
No.231 of 2016, Review Petition (Civil) No.22 of 2019 in Writ Petition
(Civil) No.1014 Of 2017, Review Petition (Civil) No.31 of 2019 in Writ
Petition (Civil) No.1058 of 2017 With Diary No.48326 of 2018, Review
B Petition (Civil) No. 377 of 2019 in Writ Petition (Civil) No.342 of 2017
And Review Petition (Civil) No.924 of 2019 in Writ Petition (Civil) No.829
of 2013.
The following Order and Judgment of the Court were delivered:
ORDER*
C 1. Permission to file Review Petition(s) is granted.
2. Delay condoned.
3. Prayer for open Court/personal hearing of Review Petition(s)
is rejected.
4. The present review petitions have been filed against the final
D judgment and order dated 26.09.2018. We have perused the review
petitions as well as the grounds in support thereof. In our opinion, no
case for review of judgment and order dated 26.09.2018 is made out.
We hasten to add that change in the law or subsequent decision/judgment
of a coordinate or larger Bench by itself cannot be regarded as a ground
for review. The review petitions are accordingly dismissed.
E
5. Consequently, prayer for urging additional grounds in Review
Petition (Civil) No. 22/2019 stands rejected.
JUDGMENT
DR. DHANANJAYA Y CHANDRACHUD, J.
F 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 India1 [“Puttaswamy (Aadhar-5J.”]. Among the issues which arose
G 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)
* Ed. Note : Order passed by Hon’ble Mr. A. M. Khanwilkar, HMJ Ashok Bhushan,
HMJ Abdul Nazeer, HMJ B. R. Gavai.
1
(2019) 1 SCC 1
2
H ‘House of People’ interchangeably referred as ‘Lok Sabha’
BEGHAR FOUNDATION THROUGH ITS SECRETARY v. JUSTICE K.S. 685
PUTTASWAMY [DR. DHANANJAYA Y CHANDRACHUD, J.]
is final and binding, or can be subject to judicial review; and (ii) if the A
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 B
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 C
been correctly certified as a ‘Money Bill’ under Article 110(1).
4. In his concurring opinion, Justice Ashok Bhushan answered
the first question by holding that the decision of the Speaker of the House
of People under Article 110(1) could be subject to judicial review when
it was in breach of a constitutional provision. Drawing a distinction D
between an irregularity of procedure and a substantive illegality, Justice
Ashok Bhushan held:
“901. There is a clear difference between the subject “irregularity
of procedure” and “substantive illegality”. When a Bill does not
fulfil the essential constitutional condition under Article 110(1), E
the said requirement cannot be said to be evaporated only on
certification by Speaker. Accepting the submission that certification
immunes the challenge on the ground of not fulfilling the
constitutional condition, the Court will be permitting constitutional
provisions to be ignored and bypassed. We, thus, are of the view F
that decision of the Speaker certifying the Bill as Money Bill is
not only a matter of procedure and in the event, any illegality has
occurred in the decision and the decision is clearly in breach of
the constitutional provisions, the decision is subject to judicial
review.”
G
However, in answering the second question, Justice Bhushan’s
concurring opinion agreed with the majority and held that the Aadhaar
Act had been correctly certified by the Speaker of the House of People
as a ‘Money Bill’ under Article 110(1).
3
Id at paras 455-464 H
686 SUPREME COURT REPORTS [2021] 1 S.C.R.
A 5. The opinion authored by me, answered the first question by
holding that:
“1080. The obligation placed on the Speaker of the Lok Sabha to
certify whether a Bill is a Money Bill is not a mere matter of
“procedure” contemplated under Article 122. It is a constitutional
B requirement, which has to be fulfilled according to the norms set
out in Article 110. Article 122 will not save the action of the Speaker,
if it is contrary to constitutional norms provided under Article 110.
The Court, in the exercise of its power of judicial review, can
adjudicate upon the validity of the action of the Speaker if it causes
constitutional infirmities. Article 122 does not envisage exemption
C from judicial review, if there has been a constitutional infirmity.
The Constitution does not endorse a complete prohibition of judicial
review under Article 122. It is only limited to an “irregularity of
procedure”.”
However, on the second question, my decision dissented with the
D majority and Justice Ashok Bhushan, and held that the decision of the
Speaker of the House of People to certify the Aadhaar Act as a ‘Money
Bill’ under Article 110(1) was unconstitutional.
6. The issue whether judicial review can be exercised over a
decision of the Speaker of the House of People under Article 110(3),
E arose subsequently before another Constitution Bench in Rojer Mathew
v South Indian Bank Ltd4 (“Rojer Mathew”) This was in the context
of whether some of the provisions of the Finance Act, 2017 (relating to
appointments to Tribunals and the conditions of service of members)
could have been certified as a ‘Money Bill’ under Article 110.
F 7. The judgment delivered by the majority (speaking through Chief
Justice Ranjan Gogoi) answered this question by referring to the judgment
in Puttaswamy (Aadhaar-5J.) in the following terms:
“102. A coordinate Bench of this Court in K.S. Puttaswamy
(Aadhaar-5 J.) v. Union of India [K.S. Puttaswamy (Aadhaar-5
G J.) v. Union of India, (2019) 1 SCC 1] , was tasked with a similar
question of the certification of “Money Bill” accorded to the
Aadhaar (Targeted Delivery of Financial and Other Subsidies,
Benefits and Services) Act, 2016 by the Speaker of Lok Sabha.
The majority opinion after noting the important role of the Rajya
4
H (2020) 6 SCC 1
BEGHAR FOUNDATION THROUGH ITS SECRETARY v. JUSTICE K.S. 687
PUTTASWAMY [DR. DHANANJAYA Y CHANDRACHUD, J.]
Sabha in a bicameral legislative set-up, observed that Article 110 A
being an exceptional provision, must be interpreted narrowly.
Although the majority opinion did not examine the correctness of
the decisions in Mohd. Siddiqui [Mohd. Saeed Siddiqui v. State of
U.P., (2014) 11 SCC 415] and Yogendra Kumar Jaiswal [Yogendra
Kumar Jaiswal v. State of Bihar, (2016) 3 SCC 183 : (2016) 2
B
SCC (Cri) 1] or conclusively pronounce on the scope of jurisdiction
or power of this Court to judicially review certification by the
Speaker under Article 110(3), yet, it independently reached a
conclusion that the impugned enactment fell within the four corners
of Article 110(1) and hence was a “Money Bill”. The minority
view rendered, however, explicitly overruled both Mohd. Siddiqui C
[Mohd. Saeed Siddiqui v. State of U.P., (2014) 11 SCC 415] and
Yogendra Kumar Jaiswal [Yogendra Kumar Jaiswal v. State of
Bihar, (2016) 3 SCC 183 : (2016) 2 SCC (Cri) 1] .
103. The majority opinion in Puttaswamy [K.S. Puttaswamy
(Aadhaar-5 J.) v. Union of India, (2019) 1 SCC 1] by D
examining whether or not the impugned enactment was in
fact a “Money Bill” under Article 110 without explicitly
dealing with whether or not certification of the Speaker is
subject to judicial review, has kept intact the power of
judicial review under Article 110(3). It was further held therein
that the expression “Money Bill” cannot be construed in a E
restrictive sense and that the wisdom of the Speaker of Lok Sabha
in this regard must be valued, save where it is blatantly violative
of the scheme of the Constitution. We respectfully endorse
the view in Puttaswamy [K.S. Puttaswamy (Aadhaar-5 J.) v.
Union of India, (2019) 1 SCC 1] and are in no doubt that F
Mohd. Siddiqui [Mohd. Saeed Siddiqui v. State of U.P.,
(2014) 11 SCC 415] and Yogendra Kumar Jaiswal [Yogendra
Kumar Jaiswal v. State of Bihar, (2016) 3 SCC 183 : (2016)
2 SCC (Cri) 1] insofar as they put decisions of the Speaker
under Article 110(3) beyond judicial review, cannot be relied
upon.” G
(emphasis supplied)
However, the majority opinion noted that the first question was
not adequately answered in the above decision in Puttaswamy (Aadhaar-
5J.). It also noted its doubts on the determination of the second question: H
688 SUPREME COURT REPORTS [2021] 1 S.C.R.
A “116. Upon an extensive examination of the matter, we notice
that the majority in K.S. Puttaswamy (Aadhaar-5 J.) [K.S.
Puttaswamy (Aadhaar-5 J.) v. Union of India, (2019) 1 SCC 1]
pronounced the nature of the impugned enactment without first
delineating the scope of Article 110(1) and principles for
interpretation or the repercussions of such process. It is clear to
B
us that the majority dictum in K.S. Puttaswamy (Aadhaar-5
J.) [K.S. Puttaswamy (Aadhaar-5 J.) v. Union of India, (2019)
1 SCC 1] did not substantially discuss the effect of the word
“only” in Article 110(1) and offers little guidance on the
repercussions of a finding when some of the provisions of
C an enactment passed as a “Money Bill” do not conform to
Articles 110(1)(a) to (g). Its interpretation of the provisions
of the Aadhaar Act was arguably liberal and the Court’s
satisfaction of the said provisions being incidental to
Articles 110(1)(a) to (f), it has been argued, is not
convincingly reasoned, as might not be in accord with the
D
bicameral parliamentary system envisaged under our
constitutional scheme. Without expressing a firm and final
opinion, it has to be observed that the analysis in K.S. Puttaswamy
(Aadhaar-5 J.) [K.S. Puttaswamy (Aadhaar-5 J.) v. Union of
India, (2019) 1 SCC 1] makes its application difficult to the present
E case and raises a potential conflict between the judgments of
coordinate Benches.
117. Given the various challenges made to the scope of judicial
review and interpretative principles (or lack thereof), as
adumbrated by the majority in K.S. Puttaswamy (Aadhaar-5 J.)
F [K.S. Puttaswamy (Aadhaar-5 J.) v. Union of India, (2019) 1
SCC 1] and the substantial precedential impact of its analysis of
the Aadhaar Act, 2016, it becomes essential to determine its
correctness. Being a Bench of equal strength as that in K.S.
Puttaswamy (Aadhaar-5 J.) [K.S. Puttaswamy (Aadhaar-5 J.)
v. Union of India, (2019) 1 SCC 1] , we accordingly direct that
G this batch of matters be placed before the Hon’ble the Chief Justice
of India, on the administrative side, for consideration by a larger
Bench.”
(emphasis supplied)
H
BEGHAR FOUNDATION THROUGH ITS SECRETARY v. JUSTICE K.S. 689
PUTTASWAMY [DR. DHANANJAYA Y CHANDRACHUD, J.]
As a consequence, the majority opinion held that “[t]he issue and A
question of Money Bill, as defined under Article 110(1) of the
Constitution, and certification accorded by the Speaker of the Lok
Sabha in respect of Part-XIV of the Finance Act, 2017 is referred to
a larger Bench”5.
8. In his partly concurring and partly dissenting opinion, Justice B
Deepak Gupta agreed with the majority opinion in referring the first
question of ‘Money Bill’ to a larger bench thus:
“365. I am in total agreement with the Chief Justice inasmuch as
he has held that the decision of the Hon’ble Speaker of the House
of People under Article 110(3) of the Constitution is not beyond C
judicial review. I also agree with his views that keeping in view
the high office of the Speaker, the scope of judicial review in such
matters is extremely restricted. If two views are possible then
there can be no manner of doubt that the view of the Speaker
must prevail. Keeping in view the lack of clarity as to what
constitutes a Money Bill, I agree with the Hon’ble Chief Justice D
that the issue as to whether Part XIV of the Finance Act, 2017, is
a Money Bill or not may be referred to a larger Bench.”
Similarly, another partly concurring and partly dissenting opinion,
authored by me, held thus:
E
“346. Though the present judgment [referring to the partly
concurring and partly dissenting opinion] analyses the ambit of
the word “only” in Article 110(1) and the interpretation of sub-
clauses (a) to (g) of clause (1) of Article 110 and concludes that
Part XIV of the Finance Act, 2017 could not have been validly
enacted as a Money Bill, I am in agreement with the reasons F
which have been set out by the learned Chief Justice of India to
refer the aspect of Money Bill to a larger Bench and direct
accordingly.”
9. Consequently, the correctness of the judgment in Puttaswamy
(Aadhaar-5J.), in relation to what constitutes a ‘Money Bill’ under Article G
110 of the Constitution, the extent of judicial review over a certification
by the Speaker of the House of People and the interpretation which has
been placed on the provisions of the Aadhaar Act while holding the
5
Supra at note 3, at para 223.1 H
690 SUPREME COURT REPORTS [2021] 1 S.C.R.
A enactment to be a ‘Money Bill’, are issues which will be resolved by a
larger bench, which is yet to be constituted.
10. The present batch of review petitions, in challenging the
correctness of the judgment in Puttaswamy (Aadhaar-5J.), assails the
reasoning in the opinion of the majority on whether the Aadhaar Act
B was a ‘Money Bill’ under Article 110. The details of the review petitions,
are summarised below:
(i) Review Petition (Civil) Diary No. 45777 of 2018 –
This petition was filed on 6 December 2018, and its sub-
Ground (e) calls for a review of Puttaswamy (Aadhaar-
C 5J.) in which the majority opinion upheld the certification
of the Aadhaar Act as a ‘Money Bill’, which rests on the
erroneous assumption that Section 7 of the Aadhaar Act is
its core provision (Grounds XXIII-XXVII).
(ii) Review Petition (Civil) No. 3948 of 2018– This petition
D was filed on 23 October 2018, and seeks a review of
Puttaswamy (Aadhaar-5J.) in relation to the majority
opinion upholding the certification of the Aadhaar Act as a
‘Money Bill’ within the meaning of Article 110 (Grounds I-
VII).
E (iii) Review Petition (Civil) No. 22 of 2019 – This petition
was filed on 15 December 2018, and seeks a review of
Puttaswamy (Aadhaar-5J.) in relation to the majority
opinion upholding the certification of the Aadhaar Act as a
‘Money Bill’, and its consequence on the constitutionality
of the enactment (Grounds I-VI).
F
(iv) Review Petition (Civil) No. 31 of 2019 – This petition
was filed on 21 December 2018, and seeks a review of
Puttaswamy (Aadhaar-5J.) in relation to the majority
opinion holding that the Aadhaar Act was correctly certified
as a ‘Money Bill’ by the Speaker of the House of People
G by merely relying on Section 7 of the Aadhaar Act (Grounds
GG-II).
(v) Diary No. 48326 of 2018– This petition was filed on 24
December 2018, and seeks a review of Puttaswamy
(Aadhaar-5J.) in relation to the majority opinion upholding
H
BEGHAR FOUNDATION THROUGH ITS SECRETARY v. JUSTICE K.S. 691
PUTTASWAMY [DR. DHANANJAYA Y CHANDRACHUD, J.]
the Aadhaar Act’s certification as a ‘Money Bill’, which A
eliminated the possibility of discussion before the Rajya
Sabha (Grounds V-W).
(vi) Review Petition (Civil) No. 377 of 2019 – This petition
was filed on 10 January 2019, and seeks a review of
Puttaswamy (Aadhaar-5J.) in relation to the majority B
opinion holding that the Aadhaar Act could have been
certified as a ‘Money Bill’ at the time of its introduction in
the Lok Sabha (Ground A).
(vii) Review Petition (Civil) No. 924 of 2019– This petition
was filed on 12 January 2019, and seeks a review of C
Puttaswamy (Aadhaar-5J.) in relation to the majority
opinion upholding the Aadhaar Act’s certification as a
‘Money Bill’ in terms of Article 110(1) even though it
contained provisions which affected the fundamental rights
under Part III of the Constitution (Ground A).
D
11. The analysis of the majority opinion in Puttaswamy (Aadhaar-
5J.) in relation to the second question, i.e., whether the Aadhaar Act
was a ‘Money Bill’ under Article 110 has been doubted by a coordinate
bench in Rojer Mathew, when the first question was referred to a
larger bench. The larger bench has not been constituted, and is yet to
make a determination. Dismissing the present batch of review petitions E
at this stage – a course of action adopted by the majority – would place
a seal of finality on the issues in the present case, without the Court
having the benefit of the larger bench’s consideration of the very issues
which arise before us. The correctness of Puttaswamy (Aadhaar-5J.)
on issues pertaining to, and arising from, the certification of a Bill as a F
‘Money Bill’ by the Speaker of the House of People has been doubted
by a co-ordinate Constitution Bench in Rojer Mathew. With the doubt
expressed by another Constitution Bench on the correctness of the very
decision which is the subject matter of these review petitions, it is a
constitutional error to hold at this stage that no ground exists to review
the judgment. The larger bench’s determination would have an undeniable G
impact on the validity of the reasons expressed in Puttaswamy
(Aadhaar-5J.), on the constitutional issues pertaining to and arising out
of the certification by the Speaker of the House of People. The failure
to re-contextualize the decision of the larger bench with regard to the
H
692 SUPREME COURT REPORTS [2021] 1 S.C.R.
A Aadhaar Act being a ‘Money Bill’ under Article 110(1) will render it a
mere academic exercise.
12. It is important to draw a distinction with a situation where a
judgment attains finality and the view propounded by it is disapproved by
a larger bench subsequently. In the present case, the above-mentioned
B review petitions had all been filed before the judgment in Rojer Mathew
was delivered on 13 November 2019. The review petitions were pending
on the date when a reference was made to a larger bench in Rojer
Mathew.These review petitions were previously listed before a five-
judge bench headed by Justice Arun Mishra on 25 August 2020, and
were not disposed of. Hence, these review petitions have continued to
C remain pending until now, and there is a strong reason for us not to
dismiss them pending the decision of the larger bench, especially in light
of the adverse consequences highlighted above.
13. In Kantaru Rajeevaru (Right to Religion, In re-9 J.) (2)
v Indian Young Lawyers Assn.6, a nine-judge bench of this Court had
D to determine whether a reference could be made to a larger bench in a
pending review petition. Answering this in the affirmative, the Court
held that it need not admit the review petitions before referring the
question to a larger bench. Further, the court noted that such a question
could also be a pure question of law. In explaining the power of this
E Court to review its own judgments, Chief Justice S A Bobde, speaking
for the Bench, held thus:
“29. Order LV Rule 6 makes it crystal clear that the inherent
power of this Court to make such orders as may be necessary for
the ends of justice shall not be limited by the Rules. In S. Nagaraj
F v. State of Karnataka [S. Nagaraj v. State of Karnataka, 1993
Supp (4) SCC 595 : 1994 SCC (L&S) 320] , it was observed that
even when there was no statutory provision and no rules were
framed by the highest court indicating the circumstances in which
it could rectify its orders, the courts culled out such power to
avoid abuse of process or miscarriage of justice. It was further
G held that this Court is not precluded from recalling or reviewing
its own order if it is satisfied that it is necessary to do so for the
sake of justice. The logical extension to the above is that reference
of questions of law can be made in any pending proceeding before
6
H (2020) 9 SCC 121
BEGHAR FOUNDATION THROUGH ITS SECRETARY v. JUSTICE K.S. 693
PUTTASWAMY [DR. DHANANJAYA Y CHANDRACHUD, J.]
this Court, including the instant review proceedings, to meet the A
ends of justice.”
14. If these review petitions are to be dismissed and the larger
bench reference in Rojer Mathew were to disagree with the analysis
of the majority opinion in Puttaswamy (Aadhaar-5J.), it would have
serious consequences – not just for judicial discipline, but also for the B
ends of justice. As such, the present batch of review petitions should be
kept pending until the larger bench decides the questions referred to it in
Rojer Mathew. In all humility, I conclude that the constitutional principles
of consistency and the rule of law would require that a decision on the
Review Petitions should await the reference to the Larger Bench.
C
Ankit Gyan Petitions dismissed.
D
E
F
G
H
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