Anti-CAA resolution: Can't defy Central law, retorts Union minister as Pinarayi says House has privilege

Prasad's statement came a day after the Kerala assembly passed a resolution urging the Centre to withdraw the amended citizenship law.

Published: 01st January 2020 05:57 PM  |   Last Updated: 01st January 2020 07:10 PM   |  A+A-

Law Minister Ravi Shankar Prasad

Law Minister Ravi Shankar Prasad (Photo| PTI)


NEW DELHI: Union Law Minister Ravi Shankar Prasad on Wednesday said state governments have a Constitutional duty to implement laws passed by Parliament and those vowing not to implement the Citizenship Amendment Act should seek appropriate legal opinion.

He said it was surprising that those who have come to power by taking oath under the Constitution are making "unconstitutional" statements.

His statement came a day after the Kerala assembly passed a resolution urging the Centre to withdraw the amended citizenship law.

ALSO READ | State Assemblies have their own privileges: Kerala CM Vijayan on resolution against CAA

On Tuesday, Prasad had hit out at the Left government saying Pinarayi Vijayan should seek "better legal advise".

Prasad also said it is only "Parliament which has got the powers to pass any law with regard to citizenship; not any assembly, including the Kerala Assembly.

Rejecting the Law Minister's criticism, Pinarayi Vijayan on Wednesday said the state assemblies have their own privileges.

"State Assemblies have its own privileges. Such actions are unheard of anywhere. But we cannot rule out anything in the present circumstance as unprecedented things are happening now-a-days in the country," Vijayan told reporters here when asked about the breach of privilege proceedings.

The Assemblies have its own special protection and it should not be violated, he said.

Reacting to the Kerala CM's statement, Prasad said the governments which claim they would not allow the CAA or are getting resolutions passed against implementing it may seek appropriate legal opinion on constitutional provisions.

"It is the constitutional duty of the states to implement laws passed by Parliament," Prasad told reporters here.

He said Parliament can make laws on subjects under the Union List which includes citizenship.

ALSO READ | Kerala Assembly passes resolution against Citizenship Amendment Act

To drive home his point that states cannot oppose laws passed by Parliament, he referred to Clause 2 of Article 245 of the Constitution.

"Article 245 (clause 2) states that no law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation," he said.

Other states including West Bengal, Bihar, Madhya Pradesh and Rajasthan have said they will not implement the amended Citizenship Act

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  • vinod sarwade

    kerala gov.this act can only be described as "Begana shadi mein Abdulha divana" ! CAA has nothing to do with kerala as kerala is not suffering due to influx of refugees 2 This out of context resolution and gov supported agitaion is typical of anti national tendencies of the left
    18 days ago reply
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