Syllabus: GS-II
Subject: Polity
Topic: Elections and RPA
Tags: #Money_bill #electoral_bonds
Issue: Electoral bonds
Context: The electoral bonds judgement (ADR & Anr v UOI 2023) did not address the issue of using the money bill route to bring in the laws that introduced the electoral bonds.
Synopsis:
- The Electoral bonds scheme was introduced by the Finance Act, 2017, a money bill under Article 110 of the constitution.
- Several amendments were made to acts like Prevention of Money Laundering Act, 2002, The Foreign Contribution (Regulation) Act, 2010 through the money bill route.
- Several petitions were filed in the Supreme Court challenging the abuse of Article 110 of the constitution.
+1 Advantage:
| Government’s arguments | Petitioner’s arguments |
| Speaker’s decision is final on certifying a bill as a money bill | No constitutional authority can have unchecked powers.
Speaker has wrongly certified bills as money bills. |
Statement:
Chief Justice of India D Y Chandrachud, in 2018 had termed the government’s use of money bill route a “subterfuge” and “fraud on the Constitution”.
Article 110 (Definition of Money Bills)
- A bill consisting of matters under Article 110 is considered a money bill.
- The Speaker of Lok Sabha certifies a bill as a money bill.
- A money bill need not be passed by Rajya Sabha.
