Article 110 of the Costitution of India with Case law
Here is a detailed explanation of Article 110 of the Constitution of India, along with relevant case law:
📜 Article 110 – Constitution of India
Definition of "Money Bills"
âś… Text of Article 110 (1):
A Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund;
(d) the appropriation of moneys out of the Consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money; or
(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
đź“Ś Article 110(2):
A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
đź“Ś Article 110(3):
If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People (Lok Sabha) shall be final.
đź“Ś Article 110(4):
There shall be endorsed on every Money Bill when it is transmitted to the Council of States under Article 109, and when it is presented to the President for assent, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.
⚖️ Key Case Laws on Article 110
1. Justice K.S. Puttaswamy (Retd.) v. Union of India, (2019) 1 SCC 1
(Challenge to Aadhaar Act being passed as a Money Bill)
Issue: Whether the Aadhaar Act, 2016, passed as a Money Bill under Article 110, was valid.
Judgment: The majority upheld its validity, but Justice D.Y. Chandrachud (dissenting) held that it violated Article 110 as it included provisions not related to money matters (e.g., data protection).
Significance: Reinforced the limits of the Speaker's power under Article 110(3). Although the Speaker's decision is final, it is still subject to judicial review in cases of constitutional violation.
2. Mohd. Saeed Siddiqui v. State of U.P., (2014) 11 SCC 415
Facts: A law was passed as a Money Bill in the Uttar Pradesh Legislative Assembly.
Held: The Speaker’s certification under Article 110(3) is final and cannot be questioned in court.
However, the Court also noted that judicial review is possible if the certification is grossly unconstitutional or mala fide.
3. Rojer Mathew v. South Indian Bank Ltd., (2020) 6 SCC 1
Context: Tribunal Reforms Act passed as a Money Bill.
Observation: The Aadhaar judgment (Puttaswamy) was referred to a larger bench.
Significance: Reopened debate on the validity of Money Bills being used for broader legislation.
🧠Summary:
| Aspect | Explanation |
|---|---|
| Definition | A Money Bill deals only with financial matters like taxation, borrowing, etc. |
| Power of Speaker | Speaker’s decision is final, but can be reviewed by courts if misused. |
| Rajya Sabha Role | Rajya Sabha cannot amend a Money Bill; it can only make recommendations. |
| Judicial Review | Courts have shown willingness to review Speaker’s decision in some cases. |
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