BEGHAR FOUNDATION THROUGH ITS SECRETARY AND ANR. versus JUSTICE K.S. PUTTASWAMY (RETD.) AND ORS.

BEGHAR FOUNDATION THROUGH ITS SECRETARY AND ANR. versus JUSTICE K.S. PUTTASWAMY (RETD.) AND ORS.

The Court (majority) dismissed the review petitions, holding that no case for review of the judgment dated 26.09.2018 is made out and that a change in law or a subsequent decision or judgment of a coordinate or larger Bench by itself is not a ground for review; accordingly the review petitions were dismissed. The dissenting opinion held that, because a coordinate Constitution Bench in Rojer Mathew doubted the correctness of the Puttaswamy (Aadhaar-5J.) majority's analysis on Article 110 issues and a larger Bench reference was pending, the review petitions should be kept pending until the larger Bench decides the referred questions.

Parties
Petitioner: BEGHAR FOUNDATION THROUGH ITS SECRETARY AND ANR.; Respondent: JUSTICE K.S. PUTTASWAMY (RETD.) AND ORS.
Jurisdiction
India
Judgment Date
11 January 2021
Procedural Posture
Review Petition (civil) / Review of Constitution Bench Judgment (consideration of Review Petitions)
Outcome
Review petitions dismissed
Legal Topics
Article 110 Money Bill, Certification by Speaker, Judicial Review of Speaker's Certification, Review Petition Procedure
Constitutional Law Legislative Procedure Administrative Law Data Protection/aadhaar Act 2016 Article 110 Money Bill Certification by Speaker Judicial Review of Speaker's Certification Review Petition Procedure

Case Brief

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Parties

BEGHAR FOUNDATION THROUGH ITS SECRETARY AND ANR.

Petitioner

JUSTICE K.S. PUTTASWAMY (RETD.) AND ORS.

Respondent

Procedural Posture

Review Petition (civil) / Review of Constitution Bench Judgment (consideration of Review Petitions)

Legal Issues

  1. 1 Whether the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 was a 'Money Bill' under Article 110(1) of the Constitution
  2. 2 Whether the Speaker's certification under Article 110(3) is subject to judicial review and the scope of such review
  3. 3 Whether change in law or subsequent decision of a coordinate or larger Bench by itself constitutes a ground for review of this Court's judgment

Ratio Decidendi

The Court (majority) dismissed the review petitions, holding that no case for review of the judgment dated 26.09.2018 is made out and that a change in law or a subsequent decision or judgment of a coordinate or larger Bench by itself is not a ground for review; accordingly the review petitions were dismissed. The dissenting opinion held that, because a coordinate Constitution Bench in Rojer Mathew doubted the correctness of the Puttaswamy (Aadhaar-5J.) majority's analysis on Article 110 issues and a larger Bench reference was pending, the review petitions should be kept pending until the larger Bench decides the referred questions.

Court Disposition

Review petitions dismissed

Orders

  • Permission to file Review Petition(s) granted
  • Delay condoned