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NUJS contributes to the Aadhar Judgement

In the landmark Aadhar judgement delivered today by the Supreme Court of India following the second longest hearing after the Keshavananda Bharati case, NUJS is honored to have the academic work of its flagship journal and the effort of its graduates being recognized in this historic verdict.

The article from the NUJS Law Review titled 'Judicial Review and Money Bills' authored by Pratik Datta, Shefali Malhotra and Shivangi Tyagi from the Volume 10(2) of the NUJS Law Review published in the year 2017 was mentioned thrice in the judgement. It found a notable mention specifically in the fiery dissenting opinion of Justice D.Y Chandrachud which called out the passing of the Aadhar Act as a money bill as a fraud on the constitution and that which is hailed by many constitutional law experts to be the one of the greatest dissents in recent times.

1. In paragraph 66, page 112 of Justice D.Y Chandrachud’s judgement, the article was used to provide evidence behind Article 22 of the Constitution of Ireland 1937 acting as the inspiration behind the draft which provided the definition of money bill and was prepared by the constitutional advisor.

2. In paragraph 68, page 115 of Justice Chandrachud’s judgement the article was cited to explain the context behind the exclusion of ‘judicial review’ from certification of the speaker of the House of Commons in the 1911 act of the British Parliament and as to how the intention of the Indian constitution was different due to the specific indication that the ‘same language’ hasn’t been used in it.

3. In paragraph 79, Page 131 of Justice Chandrachud’s judgement the ‘scholarly article’ was used to substantiate the point that in the case Mangalore Ganesh Beedi Works v. State of Mysore the general remarks made were unnecessary but not the ratio. The case dealt with the contention that a money bill was unconstitutionally passed as an ordinary bill

Apart from this, the book edited by Vasujith Ram from the Class of 2017 titled ‘Supreme Court of India: The Beginnings’ was used as a reference to discuss the constitutional models from which the people who drafted the Indian constitution drew sustenance from, how directive principles have been used by the government as a constitutional basis and a justification for advancing socialism and developing a welfare state, the duty of the government to apply the directive principles in law making, etc.

George H Gadbois, JR, Supreme Court of India: The Beginnings (Vikram Raghavan and Vasujith Ram eds.), Oxford University Press (2017), at page 193

At NUJS, we take immense pride in congratulating everyone who contributed to the judgement.


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