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Under the provision of Article 110(3) of the Constitution of India, Court has NO power to decide
Question

Under the provision of Article 110(3) of the Constitution of India, Court has NO power to decide

A.

the validity of a legislation included in Ninth Schedule to the Constitution of India

B.

the validity of a legislation enacted to give effect to the Directive Principles provided under Articles 42-46 of the Constitution of India

C.

the validity of a decision of the Speaker of the House of the People in deciding whether a Bill is a Money Bill or not

D.

whether a tax imposed on inter-state trade is compensatory in nature

Correct option is C

The correct option is (c) the validity of a decision of the Speaker of the House of the People in deciding whether a Bill is a Money Bill or not.

Explanation

According to Article 110(3) of the Constitution of India, 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.

  • Finality of Decision: The term "final" in this article implies that the Speaker has the ultimate authority within the parliamentary framework to certify a Bill.
  • Constitutional Immunity: This is often read in conjunction with Article 122, which states that the "validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure."
  • Judicial Stand: For a long time, the Supreme Court held that the Speaker's certificate was beyond judicial review. However, recent landmark judgments (like the Aadhaar case and Rojer Mathew) have clarified that while the Speaker's decision is final regarding internal parliamentary procedure, it is subject to judicial review if there is a "constitutional illegality" (i.e., if a bill that clearly does not meet the definition in Article 110(1) is passed as a Money Bill to bypass the Rajya Sabha).

Information Booster

Money Bill (Article 110) has a very specific legislative path in India:

Feature

Requirement under Article 110 & 109

Introduction

Only in the Lok Sabha.

Prior Approval

Introduced only on the recommendation of the President.

Rajya Sabha's Role

Limited to 14 days. It can only make recommendations, which the Lok Sabha may or may not accept.

Joint Sitting

There is no provision for a joint sitting in case of a deadlock over a Money Bill.

Certification

When transmitted to the Rajya Sabha and the President, it must carry the Speaker's Certificate (Article 110(4)).

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