IMPORTANT POINTS
Decision of the Speaker of the Legislative Assembly as to nature of a Bill is final.
Proceedings inside the Legislature including an enactment cannot be questioned in Court on ground of violation of rules of business.
There is no rule that if the Bill for the original Act was not a Money Bill, no subsequent Bill for amendment of the original Act can be a Money Bill.

JUDGMENT

P.Sathasivam, CJI. –

Writ Petition (C) No. 410 of 2012

1) The above writ petition, under Article 32 of the Constitution of India, has been filed by the petitioner seeking a writ of quo warranto against Mr. Justice N.K. Mehrotra (retd.), Lokayukta for the State of Uttar Pradesh, Respondent No. 2 herein, for continuing as Lokayukta after 15.03.2012. The petitioner is also challenging the constitutional validity of the Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 (for short “the Amendment Act”) to the extent being ultra vires to the provisions of the Constitution of India.

2) Brief facts:

(a) Mr. Justice N.K. Mehrotra (retd.), Respondent No. 2 herein, was appointed as Lokayukta for the State of Uttar Pradesh on 16.03.2006 under the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975 (for short “the Act”).

(b) Section 5(1) of the Act provides that the term for which Lokayukta shall hold office is six years from the date on which he enters upon his office. Further, Section 5(3) provides that on ceasing to hold office, the Lokayukta or Up-Lokayukta shall be ineligible for further appointment, whether as a Lokayukta or Up-Lokayukta or in any other capacity under the Government of Uttar Pradesh. Respondent No. 2 completed his term of six years on 15.03.2012.

(c) On 15.03.2012, the new government formed after the Uttar Pradesh State Assembly elections. On the same day, an Ordinance for amending the Act was passed by the Cabinet and sent to the Governor of Uttar Pradesh for assent. However, the same did not receive the assent of the Governor.

(d) On 18.03.2012, another Ordinance on the same subject matter was sent for the assent of the Governor and after receiving the assent of the Governor, the same was published which came into effect from 22.03.2012. Under the said Ordinance, Section 5(1) of the Act was amended and the term of the Lokayukta was extended to eight years with effect from 15.03.2012.

(e) Subsequently, Respondent No. 1 – State of Uttar Pradesh enacted the Amendment Act which received the assent of the Governor on 06.07.2012. By the said Amendment Act, the term of the U.P. Lokayukta and Up-Lokayukta was extended from six years to eight years or till the successor enters upon his office. The said Amendment Act also seeks to limit the ineligibility of the Lokayuktas’ or Up-Lokayuktas’ for further appointment under the Government of Uttar Pradesh only on ceasing to hold office as such, and for making the said provisions applicable to the sitting Lokayukta or Up- Lokayukta, as the case may be, on the date of commencement of the said ordinance, i.e., 15.03.2012.

(f) Challenging the said Amendment Act, the petitioner is before us by way of writ petition under Article 32 of the Constitution of India.

3) Similar prayers have been made by the petitioners in Writ Petitions (C) Nos. 228 of 2012 and 289 of 2013. Similar petitions were also filed in the High Court of Judicature at Allahabad. In view of the similarity of the issues involved in these petitions, transfer petitions, viz., T.P. (C) Nos. 1228 & 1230 of 2012, T.P. (C) Nos. 1248 & 1250 of 2012, T.P. (C) No. 1425 of 2012 and T.P. (C) Nos. 1412-1413 of 2012 have been filed before this Court. However, T.P.(C) No. 1229 of 2012 was directed to be transferred to this Court by an order dated 01.02.2013 and, accordingly, the same is numbered as T.C.(C) No. 74 of 2013.

Civil Appeal @ SLP (C) No.27319 of 2012

4) Leave granted in Special Leave Petition.

5) This appeal is directed against the order dated 27.08.2012 passed by the Division Bench of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 24905 of 2012 whereby the High Court, while allowing the amendment application to the writ petition and holding the writ petition to be maintainable, directed to list the petition on 27.09.2012 for hearing on merits.

6) By way of the said amendment application, the writ petitioner sought to add two grounds in the writ petition, viz., the Amendment Act is viol