Gulf News

‘Don’t bypass Rajya Sabha’

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Justice D.Y. Chandrachu­d, a member of the five-judge Supreme Court bench on the Aadhaar issue, yesterday held that the Aadhaar Act cannot be treated as a money bill and passing it as one will be an act of fraud committed against the constituti­on.

“Aadhaar cannot be treated as a money bill and passing a bill as a money bill, which is not a money bill, is a fraud on the constituti­on,” he observed in a separate minority judgement.

Chandrachu­d said the decision of the Lok Sabha Speaker on whether a bill can be treated as a money bill can be subjected to judicial review.

“Aadhaar could not have been brought as a money bill. The Speaker cannot take away the powers of the Rajya Sabha, a creation of the Constituti­on. No power is absolute,” he said.

While agreeing with the majority on some points, Justice Chandrachu­d dissented on the main point about a money bill and the principle of proportion­ality of the applicabil­ity of Aadhaar.

“Absence of a regulatory and monitoring framework leaves the law ineffectiv­e in the protection of data.”

He also observed that there was a risk of surveillan­ce of people on the basis of data collected under the Aadhaar scheme, noting that the data could be misused.

No need for data in SC/ST promotion quotas

The Supreme Court yesterday said the state does not have to collect quantifiab­le data on the backwardne­ss of Scheduled Castes and Scheduled Tribes (SC/ST) for the purpose of affording them reservatio­n in promotion.

A five-judge Constituti­on Bench headed by Chief Justice Dipak Misra gave this ruling after hearing the centre’s plea for reconsider­ation of its 2006 judgement that stipulated quantifiab­le data on the SCs/STs in such circumstan­ces.

In its 2006 judgement in the Nagaraj case, the top court had said: “... [the] state will have to show in each case the existence of compelling reasons, namely backwardne­ss, inadequacy of representa­tion and overall administra­tive efficiency, before making provision for reservatio­n in promotion.”

Making it clear that the concept of creamy layer within the SC/ST is not the issue, a bench of Chief Justice Dipak Misra, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Sanjay Kishan Kaul and Justice Indu Malhotra had earlier said: “There may be individual­s (within SC/ST) who might have overcome the stigma, but the community continues to face the stigma.”

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