सं Samvidhan

The Constitution of India

Article 109

Special procedure in respect of Money Bills

Why this exists

This Article reflects a core principle borrowed from British parliamentary tradition (like the UK's Parliament Act 1911): the elected lower house, which is directly accountable to voters, should have final control over taxation and spending — the 'power of the purse'. The Rajya Sabha, being an indirectly elected body representing states, is given only a advisory role on money matters to prevent it from blocking the government's financial business, while still allowing some scrutiny through recommendations.

How courts read it

The Supreme Court examined this framework closely in cases like *Mohd. Saeed Siddiqui v. State of U.P.* and especially in the 2019 *Rojer Mathew v. South Indian Bank* case, which questioned whether the Aadhaar Act and certain tribunal-related laws were validly certified as Money Bills under Article 110 to bypass the Rajya Sabha's full scrutiny under Article 109. The Court held that the Speaker's certification of a bill as a Money Bill is subject to judicial review, though it referred the broader question of the scope of such review to a larger bench, leaving some ambiguity about how strictly courts will police this classification going forward.

Common misconceptions
  • Myth: The Rajya Sabha has no role at all in Money Bills.
    Fact: The Rajya Sabha does review Money Bills and can recommend changes within 14 days — it just cannot reject the bill or force its amendments through.
  • Myth: Any bill the government calls a 'Money Bill' automatically gets this special fast-track treatment with no checks.
    Fact: Courts, notably in the Rojer Mathew case (2019), have held that the Speaker's certification of a bill as a Money Bill can be judicially reviewed, though the full scope of that review remains unsettled.