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LATEST NEWS UPDATES | Bin Aadhaar plea: Govt

Bin Aadhaar plea: Govt

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published Published on May 11, 2016   modified Modified on May 11, 2016
-The Telegraph

New Delhi: The Centre today urged the Supreme Court to dismiss Congress Rajya Sabha member Jairam Ramesh's petition challenging the Aadhaar law, contending that an act passed by Parliament was immune from judicial challenge.

"The fact is that the law has been passed as a money bill and the Speaker has confirmed it. It is immune from any judicial challenge," attorney-general Mukul Rohatgi told a bench headed by Chief Justice T.S. Thakur.

Ramesh has said that the Lok Sabha passing the legislation as a money bill "was inappropriate and there was no discussion on it in the upper House". The Rajya Sabha has no powers to block a money bill.

Ramesh has contended that the government's move to rush through the legislation without proper discussion in the Rajya Sabha violated his fundamental right as the law, meant for better targeting of subsidies, involved an individual's right to privacy as Aadhaar used biometric data.

"It is not known how the petitioner's fundamental right is violated. There is no description in the petition on this account," Rohatgi told the bench, also comprising Justices R. Banumathi and U.U. Lalit, during a brief hearing.

Rohatgi questioned the maintainability of Ramesh's plea saying no fundamental right of the leader had been violated as the bill was passed by a majority in the lower House, and asked for the petition to be dismissed at the threshold.

Ramesh's counsel, senior advocate and former Union minister P. Chidambaram, however, said the matter should be heard as the manner in which the Lok Sabha passed the legislation violated a member's fundamental right to participate in a discussion in the upper House.

"Parliament has violated the basic rule of law which is enshrined in our Constitution. The Rajya Sabha has the right to debate this. But this right was taken away," Chidambaram told the court.

Although Ramesh had raised several objections and proposed amendments to the bill, they were rejected by the chairman of the upper House, Chidambaram said. "But the chairman said he does not have the power (to consider the points mentioned by Ramesh) because the Speaker of the lower House had certified it."

Chidambaram contended that both Houses of Parliament had equal rights and the court should not dismiss the petition on the ground that Ramesh had no locus standi.

The court, however, asked Ramesh and the Centre to file written submissions and posted the plea for further hearing on July 20.

The Telegraph, 11 May, 2016, http://www.telegraphindia.com/1160511/jsp/nation/story_84967.jsp#.VzKcwiH3-ho


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