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.
Law Minister Ravi Shankar Prasad (Photo| PTI)
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.

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.

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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