Will fight changes to law, says Cong

NEW DELHI: The Congress on Wednesday claimed the Supreme Court’s verdict on Aadhaar was a “big victory” for its stand, but added that it would challenge in court any attempt by the Bharatiya Janata Party (Bjp)-led government to bring an amendment to the Aadhaar Act through the money bill route.

The majority judgment given on Wednesday didn’t overturn the government’s decision to push the Aadhaar law as a money bill -- one of the points being considered by the court -- but there was still enough in both the majority and the minority dissenting judgments to suggest that the Speaker’s call on what constitutes a money bill could be subject to judicial review. The majority judgment also scrapped some sections of the Aadhaar law, wrote down some others, and amended still others in an attempt to protect the right of individuals and prevent misuse, especially by private entities.

A money bill is a one on which only the Lok Sabha (where the current government has a comfortable majority) has voting rights, and not the Rajya Sabha (where the government is in a minority).

Congress president Rahul Gandhi hailed the verdict calling it an endorsement of the United Progressive Alliance (UPA) government’s vision for Aadhaar. The Congress-led UPA initiated the Aadhaar scheme in 2009.

“For Congress, Aadhaar was an instrument of empowerment. For the BJP, Aadhaar is a tool of oppression and surveillance,” Gandhi said, thanking the SC for “supporting the Congress vision” and protecting the country.

Earlier in the day, senior Congress leader Kapil Sibal told reporters the party would certainly move the court if the amendments in the Aadhaar Act brought after this verdict are not brought to the Rajya Sabha for discussion.

“We will approach a sevenjudge bench to consider this verdict again if brought as a money bill. One important part of the judgement is that if in future the Lok Sabha Speaker declares a bill as money bill, then court can review this and revert,” he said

“The decisions of the Lok Sabha Speaker can be subject to judicial review. This is the very first time that a constitution bench has held so. This marks the beginning of a new era of accountability for the Speaker who was ,so far, beyond reproach,” Sibal added. Congress leader Jairam Ramesh challenged in court the government’s decision to treat Aadhaar bill as a money bill and pass it in the Lok Sabha during the budget session last year after rejecting amendments by the Rajya Sabha. On Wednesday, a majority of the judges said that the Aadhaar bill could be treated as a money bill.

“The SC is final but not infallible. But it is a partial victory in the sense that the speaker’s decision is now subject to judicial review which will act as a check on the executive,” Ramesh said.