Centre opposes priority hearing before Supreme Court on Finance Act, 2017

A seven-judge constitution bench led by Chief Justice of India DY Chandrachud was considering the matter to issue procedural directions. Senior advocate Kapil Sibal suggested that the Money Bill matter should be prioritised.

New Delhi:The Central government on Thursday opposed before the Supreme Court a plea for granting a priority hearing on the reference made in the Rojer Mathew judgment on a question of whether the Finance Act, 2017 can be treated as a Money Bill. A seven-judge constitution bench led by Chief Justice of India DY Chandrachud was considering the matter to issue procedural directions. Senior advocate Kapil Sibal suggested that the Money Bill matter should be prioritised.

Solicitor General Tushar Mehta, along with Attorney General R Venkataramani, opposed Sibal’s submissions regarding the prioritisation of the case based on "political exigencies". The Centre’s counsel said the matters should be taken up as per the pendency and the court may decide on it. The apex court said it would consider the matter.

A five-judge constitution bench in November 2019, had ordered that the validity of passage of the Finance Act 2017 as a Money Bill should be decided by a larger bench. The apex court also took up six seven-judge and four nine-judge matters for consideration. One of the seven-judge bench matters pertains to the correctness of the 2016 Nabam Rebia verdict relating to the Speaker’s power on disqualification of MLAs. It was pronounced by a five-judge constitution bench.

The apex court said the idea is to get these matters ready for hearing and a common order will be passed in all these matters in terms of the circular of August 22, 2023, that the compilation of pleadings, documents and precedents must be all filed. The court said it would give three weeks to all the parties.