Law:

Section:

Constitutional Law--Political questions---Criteria for political question---Revenue Bill mandated under the Constitution to originate in the U.S. House of Representatives originated in the Senate, subject to judicial scrutiny---Revenue Bill--­Meaning---Whether Court can strike down a law passed by the Congress in violation of a command of the Constitution even if the Constitution does not describe the effect of violation. A fund to compensate and assist crime victims was established under a 1989 Federal Act. One of the sources from which these funds were to be derived were special assessments imposed on persons convicted of federal offences. The vires of the 1989 Act were challenged on the ground that it was a revenue bill and should have originated in the United States House of Representatives where in fact the bill had originated in the U.S. Senate. The challenge to the Act was defended on the ground that it raised non-justiciable political questions and t at the Act was not a revenue bill. Held: (a) Criteria for a question to be apolitical question is---(1) a textually demonstrable constitutional commitment of the issue to a coordinate political department, ( Lack of judicially discoverable and manageable standards for resolving it, (3) the impossibility of deciding without an initial policy determination of a kind clearly for non judicial discretion, (4) the impossibility of a Court's undertaking independent resolution without expressing lack of the respect due to coordinate branches of Government, (5) an unusual need for unquestioning adherence to a political decision already made, or (6) the potentiality of embarrassment from multifarious pronouncements by various departments on one question. Where a case presents none of these characteristics, which are essential to a finding that the case raises a political question, the case is justiciable. (b) A revenue bill is a bill that levies tax in the strict sense of the word rather than a bill for other purposes which may incidentally create revenue. The contention that since the legislature did not object to the bill being originated in wrong house the bill was immune from judicial scrutiny was not accepted.…

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