Thread by @gautambhatia88

Aadhaar Day 38, Session 2.

Arvind Datar starts his rejoinder on bank and PAN linking.

As a preliminary point on money Bill, AD reiterates that the doctrine of pith and substance cannot apply to classification of bills. He says that Aadhaar is at best a financial bill of Category II.

AD says that the doctrine of severability can't apply to this case. If the Aadhaar Act is not a money bill, all of it must be struck down.

AD says that when the Constitution says that the decision of the speaker on classification of bills is "final", that finality is vis-a-vis the House. It does not preclude judicial review.

AD cites an article in the NUJS law review which shows a table of cads where judicial +

+ review has been upheld despite the usage of the word "final".

AD now argued on bank linking.

AD says that apart from the "magic wand" of black Money and terrorism, no evidence has been cited for what problem bank linking is meant to solve.

AD says that most existing bank accounts have been thoroughly authenticated. He asks what purpose is permanent bank linking going to serve.

AD says that once you've determined that I'm not a "fake", what further purpose is permament linking going to serve?

AD cites the Supreme Court judgment from 2011, Ram Jethmalani v Union of India, which acknowledges that there is a problem of unaccounted money, but emphasises that that does not justify erasing constitutional values.

AD quotes Ghalib. "Dhool chehre pe thi, aur aina saaf karta raha", to describe the invocation of black money and terrorism.

AD concludes his rejoinder by saying that at least the choice to opt out should be given.

KV Viswanathan will wrap up. Follow @prasanna_s and @SFLCin for this.