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47-632: The Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016 is a money bill of the Parliament of India . It aims to provide legal backing to the Aadhaar unique identification number project. It was passed on 11 March 2016 by the Lok Sabha . Certain provisions of the Act came into force from 12 July 2016 and published in gazette of India on 12 September 2016. During

94-717: A provisional order . Bradley and Ewing said that the statutory definition of "Money Bill" is "strictly interpreted". Most annual Finance Bills have not been certified to be money bills. While the United States of America is not a parliamentary democracy , the Origination Clause of the U.S. Constitution requires that all bills raising revenue originate in the House of Representatives , consistent with British constitutional practice; by convention, appropriation bills (bills that spend money) also originate in

141-845: A 'money bill' by the Speaker of the Lower House. The Upper House proposed certain amendments, but ultimately the BJP -dominated Lower House rejected the amendments suggested by the Upper House and unilaterally enacted the Aadhar Act, 2016. Immediately thereafter, Jairam Ramesh , a senior Congress leader, challenged the speaker's decision to treat the Aadhar Bill as a 'money bill' before the Supreme Court of India. Article 110(3) of

188-548: A chief executive officer. The Clause 13 states the chairperson and members must have experience and knowledge of at least 10 years in matters relating to technology, governance, law, development, economics, finance, management, public affairs or administration. The Clause 25 states that any fees collected and revenue generated by the UIDAI will be deposited in the Consolidated Fund of India . The Clause 27 (2) states that

235-466: A constitution bench of at least nine judges to settle the law on this issue. The five judge bench decided that the Aadhar Bill was a Money Bill by a vote of 4–1. The 1937 Constitution of Ireland defines a money bill ( Irish : bille airgid ) as one concerning only specified financial matters. The Seanad (upper house of the Oireachtas or parliament) has restricted powers over money bills, and

282-472: A fee. The requesting must obtain the consent of the Aadhaar holder for verification, and inform him/her of nature of the information that will be shared upon verification. The Clause 8 (4) states that UIDAI may share identity information, but it cannot share the biometric information. The Clause 9 states that Aadhaar is not a proof of citizenship or domicile. The Chapter IV details the functions and powers of

329-427: A money bill. There is often another requirement that non-money bill-type clauses may not be attached to a money bill. The rationale behind this convention is that the upper house, being appointed or indirectly elected, should not have any right to decide on taxation and public expenditure-related policies as may be framed by the directly elected representatives of the lower house. Therefore, money bills are an exception to

376-569: A new bill was introduced when the National Identification Authority of India Bill, 2010 was still pending in the Rajya Sabha. The bill was passed on 11 March 2016 by the Lok Sabha by a voice vote after a brief debate. Tathagata Satpathy of Biju Janata Dal (BJD) had raised concerns that the project could be used for mass surveillance or ethnic cleansing in the future. He also raised questions about why

423-412: A new identity card project was created despite having several identity card systems. He also questioned why the bill was introduced as a money bill . He also said that although the bill allows the sharing of biometric under the circumstances of national security, no concrete definition of national security was included. Bhartruhari Mahtab of BJD requested that the bill should not be rushed and referred to

470-402: A parliamentary panel. Mallikarjun Kharge of INC said that they supported the bill but wanted some suggestions to be discussed. Rajeev Satav of INC reminded the house that initially the ruling-party BJP had opposed the Aadhaar during the reign of United Progressive Alliance (UPA), before turning around and supporting it. During the debate, Finance Minister Arun Jaitley assured the house that

517-432: A period or periods amounting in all to 182 days or more in the 12 months immediately preceding the date of application for enrolment. The Clause 3 (1) states that every resident is entitled to obtain an Aadhaar number by submitting their biometric and demographic information. The central government may however in future require other categories of individuals to enrol by releasing a notification. According to Clause 3 (2), at

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564-405: A person's identity information, i.e. Aadhaar number, photograph and demographic information, and authentication records, but not the core biometric information. The Clause 33 (2) states that an official with the rank of Joint Secretary or higher may access a person's identity information including core biometric information, if the official has an order issued in the interest of national security by

611-461: Is final and is not subject to challenge. Section 1(2) of the Act states: A Money Bill means a Public Bill which in the opinion of the Speaker of the House of Commons contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration, or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on

658-688: Is no judicial review of the Ceann Comhairle's ruling; if the Seanad disagrees with it, the President may establish a Committee of Privileges to adjudicate, with equal membership from both houses and chaired by a Supreme Court judge. No such committee has been established under the 1937 constitution, but one was established for a 1935 bill under the 1922 Constitution of the Irish Free State , which contained similar provisions until

705-469: Is not an absolute right and it can be restricted by the law. Jairam Ramesh of INC said Aadhaar should be limited to subsidies only and not made mandatory for any purpose. On 16 March 2016, the bill was returned to the Lok Sabha by the Rajya Sabha with some suggested amendments. The Lok Sabha was free to accept or reject the amendments. But, Lok Sabha rejected the amendments and passed the bill. Most of

752-639: The Consolidated Fund , the National Loans Fund or on money provided by Parliament, or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; or subordinate matters incidental to those subjects or any of them. In this subsection the expressions "taxation," "public money," and "loan" respectively do not include any taxation, money, or loan raised by local authorities or bodies for local purposes. The Parliament Act 1911

799-647: The Constitution Act, 1867 funds can be appropriated only on the recommendation of the Governor-General . This has resulted in the convention that only ministers introduce money bills. Procedure for a Money Bill: The concept of money bills in India came to the forefront during the enactment of the Aadhar Act, 2016. In spite of resistance by the opposition, the Aadhaar Bill was certified as

846-532: The Constitution of India . The decision to introduce it as a money bill was criticised by the opposition parties. Ghulam Nabi Azad , an INC leader, wrote in a letter to Jaitley that the ruling party BJP was trying to bypass the Rajya Sabha , as they did not have the majority in the upper house. A money bill is only required to pass in the lower house Lok Sabha . Jyotiraditya Scindia of INC asked why

893-567: The Dáil (lower house) The Seanad has 90 days to process other Dáil bills but only 21 days for a money bill; it cannot amend the bill but only recommend amendments for the Dáil to accept or reject. The President 's power under Article 26 to refer bills to the Supreme Court does not apply to money bills. The Ceann Comhairle (Dáil speaker) certifies whether a new bill is a money bill. There

940-475: The Senate and be signed by the Governor-General . The Senate has no power or ability to introduce or modify a supply bill, but has the ability to block or defer the passing of a supply bill, and can request the House of Representatives to modify the bill. The most famous instance where supply was blocked was during the 1975 constitutional crisis . This has resulted in agreements between political parties to prevent

987-458: The UIDAI . The Clause 23 (2) states that the UIDAI has the power to specify the demographic and biometric information that must be collected for registration. It can issue Aadhaar numbers to residents and perform verifications. It can also specify the subsidies and services for which Aadhaar will be required. The Clause 12 states that the UIDAI will consist of a chairperson, two part-time members and

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1034-506: The budget presentation on 29 February 2016, Finance Minister Arun Jaitley announced that a bill will be introduced within a week which will provide legislative support to the Aadhaar . On 3 March 2016, the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 was introduced in the Parliament as a money bill by Jaitley as it fulfilled Article 110's provisos - 110(1)(c), 110(1)(d) and 110(1)(e) of

1081-582: The estimates . The Constitution requires all appropriation of public funds to be pre-approved by the Government in the form of a "money message" signed by the Taoiseach . Thus, if a bill extends the powers of a Department of State , it is not a money bill, but if it also imposes a new charge on the public, it still requires a money message. In the Oireachtas, money bills must be introduced in

1128-502: The "only" restriction prevents the Government from tacking onto a money bill some non-financial provision which it would like to bypass Seanad scrutiny. The specified financial matters are any of the following: the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply;

1175-667: The 1936 abolition of the Free State Seanad made the distinction of money bills moot since they were henceforth treated the same as other bills. In the United Kingdom , section 1(1) of the Parliament Act 1911 provides that the House of Lords may not delay a money bill more than a month. It is at the discretion of the Speaker of the House of Commons to certify which bills are money bills, and his decision

1222-473: The Aadhaar project will not be misused. Jaitley stated that 97% of the adult and 67% of children had already been registered under the project. He also said that the definition of national security is up to the courts to define. On 15 March 2016, Shumsher K. Sheriff, Secretary of the Rajya Sabha , formally notified the house that the bill has been passed in the Lok Sabha. During the debate spanning over two days, Naresh Agrawal of Samajwadi Party (SP) said that

1269-466: The Central government's decision to extend the deadline of linking of "everything", including mobile phones and bank accounts, to Aadhaar card till 31 March 2018. The court however also ordered that an Aadhaar card holder opening a new bank account will have to furnish their Aadhaar card to the bank. Money bill#India It is often a constitutional convention that the upper house may not block

1316-548: The Constitution of India categorically states that 'if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final'. Therefore, one of the prime constitutional questions before the Supreme Court is whether it can review the speaker's certificate classifying a bill as a 'money bill'. In three prior cases, the Supreme Court of India has refused to review

1363-688: The House under the Tenth Schedule of the Indian Constitution was held to be a judicial decision subject to judicial review. This suggests that the "final" status given by the Indian constitution does not automatically immune the Indian speaker's decision or certificate from judicial review. In view of this crucial constitutional question, it has been suggested that the Supreme Court in Jairam Ramesh v. Union of India should create

1410-541: The House. Unlike in most Westminster systems, there are no limits on the Senate's ability to amend revenue bills or any requirement for the Senate to approve such bills within a certain timeframe. Both appropriations and revenue bills are often referred to as money bills to contrast them with authorization bills . The U.S. Supreme Court in United States v. Munoz-Flores (1990) held that: "A law passed in violation of

1457-559: The Speaker's certificate. However, some commentators have argued that the Court's earlier judgements were incorrect and Article 110(3) made the Speaker's decision "final" for the purpose of the two Houses of the Parliament, not for the Supreme Court of India. This argument is further supported by the fact that in Kihoto Hollohan vs Zachillhu (AIR 1993 SC 412) , the "final" decision of the speaker regarding disqualification of members of

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1504-422: The UIDAI must submit an annual report to the central government detailing its activities of the past year, revenues and expenditures of the past year, and plans for the upcoming year. The Clause 28 (1) states that the UIDAI must ensure the security of identity information and authentication records. The authentication records has been as "record of the time of authentication and identity of the requesting entity and

1551-589: The appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof The specification is based on that in the UK's Parliament Act 1911 . There is an exclusion for revenue and spending by local authorities . The main annual money bills are the Finance Bill for implementing the budget and the Appropriation Bill for implementing

1598-486: The bill doesn't fit into the definition of a money bill. P. J. Kurien , Deputy Chairman of Rajya Sabha, said that it was the decision of Lok Sabha Chairperson Sumitra Mahajan to allow the bill, so it should not be questioned. Sitaram Yechury of Communist Party of India (Marxist) (CPI-M) argued that the bill was unconstitutional as the Constitution guarantees the freedom of life and liberty and privacy comes under it. Jaitley responded to Yechury by saying that privacy

1645-741: The biometric match only with Yes/No option, the Aadhaar Act allows the requesting agency/person to ask for other information too, pertaining to the person's identity. The Clause 2 (g) defines " biometric information" as photograph, finger print , iris scan , or "other such biological attributes" of an individual. The Clause 2 (k) defines " demographic information" as name, date of birth, address and "other relevant information" of an individual. It explicitly excludes race , religion , caste , tribe , ethnicity , language , records of entitlement , income or medical history . The Clause 2 (v) defines "resident" as an individual who has resided in India for

1692-474: The blockage of supply bills through the Senate. A money bill is specifically defined by Article 81 of the Constitution of Bangladesh . The President of Bangladesh can send back all bills passed by the Parliament for a review except a money bill. However, a money bill can be introduced to the Parliament only at the President's recommendation. Additionally, tax can only be levied by the Parliament. Although Parliament may pass money bills, under section 54 of

1739-538: The central government. The Clause 34 states that providing false information in an attempt to impersonate carries a maximum penalty of 3 years in prison and/or a fine of ₹ 10,000. The Clause 38 states that unauthorised access to the Central Identities Data Repository, causing damaging to it or leaking the information stored on it carries a maximum penalty of 3 years in prison and/or a minimum fine or ₹ 100,000. The Clause 47 states that

1786-496: The complaints under this law must be tried under a Chief Metropolitan Magistrate or a Chief Judicial Magistrate , or a higher court. No court can recognise a complaint under this law unless filed by the UIDAI or a person authorised by it. The Clause 48 states that the central government may supersede the UIDAI for a period of up to 6 months, if it fails to performs its duties or due to a public emergency. The Clause 57 states that state or private agencies may use Aadhaar for verifying

1833-472: The general rule that for a bill to be enacted into a law, it has to be approved by both the lower and upper Houses of Parliament. Loss of supply in the lower house is conventionally considered to be an expression of the house's loss of confidence in the government, resulting in the government's fall. A supply bill in the Australian System is required to pass the House of Representatives ,

1880-543: The identity of a person for any purpose. Nandan Nilekani , the former chairman of UIDAI , welcomed the bill. He used Clarke's third law to describe the project. He also said that this technology will allow India to develop into a modern welfare state . He argued that this technology will give Indian residents a secure digital ID to access the internet and prevent "digital colonization" by foreign firms. He also said that this will check wastage of public funds, corruption, fake degrees and improve matching of jobs to employees in

1927-509: The information in the future. 1058/13797/48987 The Clause 7 states that the central or state government may require a person to possess an Aadhaar number if he/she is receiving some subsidy . If they do not possess an Aadhaar number, they will be required to apply for other, in meantime the government will provide them the subsidy using an alternate mean of identification. According to Clause 8, UIDAI may perform verification of Aadhaar for other private and public agencies on request in exchange for

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1974-837: The labour market. Jean Drèze , development economist , said that the bill was designed to evade Supreme Court orders restricting the usage of Aadhaar. He also said that bill was presented as a money bill to prevent debate. He argued that despite declaring it voluntary the government had created practical compulsions for enrolment, and an intervention of the Supreme Court was need to end the " doublespeak ". SC has orally observed that Aadhaar cannot be made mandatory for availing of welfare schemes. The centre has declared that Aadhaar card will be mandatory for opening new bank accounts and for transactions above Rs. 50,000. All existing account holders will also have to submit their Aadhaar details by 31 December 2017, failing which accounts will be deemed invalid. A five judge bench on 15 December 2017 agreed to

2021-601: The powers of the House of Lords in this regard. This is evident from the long title of the 1911 Act, which begins: "An Act to make provision with respect to the powers of the House of Lords in relation to those of the House of Commons ...". The reference to the National Loans Fund was inserted on 1 April 1968 by section 1(5) of the National Loans Act 1968 . For this purpose, the expression "Public Bill" does not include any bill for confirming

2068-592: The provisions of the Bill have been borrowed from the previous National Identification Authority of India Bill, 2010. The major difference is that the three-member committee called the Identity Review Committee of the previous bill was removed in the new bill. Also, the section 8 of Aadhaar Act is significantly different from that of NIAI bill, 2010. While the NIAI bill allowed the authentication limited to

2115-460: The response provided" in Clause 2 (d). The Clause 32 states that the UIDAI must maintain the authentication records for the specified period. The Aadhaar number holder may access his authentication records subject to regulation. The UIDAI is not required to maintain the record of the purpose of authentication. The Clause 33 (1) states that a District Judge or higher court may force the UIDAI to reveal

2162-450: The time of registration the enrolling agency must inform the resident about the manner in which the data will be used, with whom it will be shared and procedure of access. The UIDAI will issue an Aadhaar number to the resident after verifying the data. According to Clause 4, it should be unique and random. The Clause 6 states that the UIDAI may require Aadhaar number holders to submit additional biometric and demographic information, or update

2209-597: Was the product of the political crisis of 1909. The People's Budget of 1909 proposed by the House of Commons was rejected by the House of Lords. A government whose budget (that is the Finance Bill) is rejected can only resign or dissolve Parliament, because without money it is impossible to govern. The rejection of the Finance Bill in 1909 by the Lords prompted the then British government to initiate steps to curtail

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