The Supreme Court of India on Monday signaled its willingness to address the contentious issue of classifying laws as money bills, a practice critics argue bypasses the Rajya Sabha’s scrutiny. The decision to possibly set up a constitution bench was taken after Senior Advocate Kapil Sibal, representing the Supreme Court Bar Association, emphasized that all preliminary legal discussions were complete and the matter was ready for review.
Chief Justice D.Y. Chandrachud, presiding over the bench with Justices J.B. Pardiwala and Manoj Misra, acknowledged the request and stated, “I will take the call when I form the constitution benches.” This statement came during a session that revisited earlier decisions regarding the treatment of certain laws as money bills, notably the Aadhaar Act.
The controversy stems from the government’s use of the money bill route to pass significant legislation such as the Aadhaar Act and amendments to the Prevention of Money Laundering Act (PMLA), circumventing the need for approval from the Rajya Sabha, where the government lacked a majority at the time. The designation of a bill as a “money bill” restricts the Rajya Sabha’s power, allowing it only to suggest amendments, which the Lok Sabha is not obligated to accept.
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