9911796707
TMI Blog2019 (3) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... exceptions. Application stands disposed of. W.P.(C) 2042/2019 1. This writ petition has been filed by the petitioner, a Member of Rajya Sabha, with the following prayers:- "In light of the aforesaid facts and circumstances and in the interest of justice, it is most humbly prayed that this Hon'ble Court kindly be pleased to:- a. Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction so as to declare and set aside sections 145, 146, 147, 148, 149, 150 and 151 of the Finance Act, 2015, Section 232 of the Finance Act, 2016 and Section 208 of the Finance Act, 2018 as ultra-vires the Constitution of India; b. Pass any other directions or orders as deemed fit by this Court. 2. It was the submission of Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a similar issue was raised with regard to the Adhar Act as the same was passed as a Money Bill, has settled the issue, wherein the Supreme Court in para 405 held that the decision of the Speaker on whether a Bill is a Money Bill or not, is justiciable. 5. That apart, on a specific query from the Court why the petitioner, being a Parliamentarian is challenging the amendments effected in the years 2015, 2016 and 2018 now in the year 2019, Mr. Chidambram submitted that the petitioner was not aware that such Bills were passed as Money Bills. It is only, after the information was taken under Right to Information Act, the picture became clear that the amendments of 2015, 2016 and 2018 were passed as Money Bills. That apart, it is only recentl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did the petitioner thought it fit to challenge the amendments of 2015, 2016 and 2018 by filing this petition, does not answer the submission made by Ms. Acharya that the challenge, apart from being hit by delay and laches, is by a person who has no locus, being not aggrieved by the amendments. Ms. Acharya is justified in relying on the judgment of the Supreme Court in Kusum Ingots & Alloys Ltd. (supra) wherein, in para 21 the Supreme Court held as under:- "21. A parliamentary legislation when receives the assent of the President of India and published in an Official Gazette, unless specifically excluded, will apply to the entire territory of India. If passing of a legislation gives rise to a cause of action, a writ petition questioning the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
