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Supreme Court of India 2021-01-11 dismissed

Beghar Foundation through its Secretary and Anr vs Justice K.S. Puttaswamy (Retd.) and Ors

Bench: 5 — Arun Mishra, Dhananjaya Y. Chandrachud, A. K. Sikri, Ashok Bhushan, Deepak Gupta

In Brief

In this review petition against the landmark Puttaswamy (Aadhaar-5J.) judgment, the Court divided on whether to dismiss the petitions. The majority held that change in law or subsequent coordinate bench decisions cannot themselves ground a review, thus dismissing the petitions. The dissenting judge argued the petitions should remain pending until a larger bench decides referred questions on whether the Aadhaar Act was properly certified as a Money Bill under Article 110, as that larger bench's determination would impact the validity of reasons in Puttaswamy. The dissent emphasized that dismissing without awaiting the larger bench's consideration would be a constitutional error affecting judicial consistency and the ends of justice.

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Constitutional Law Judicial Review Money Bill Parliamentary Law Review Petitions Aadhaar Act

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