KOCHI: The face-off between the state government and the Governor Arif Mohammed Khan over the Citizenship Amendment Act (CAA) has taken a political turn with Congress-led Opposition deciding to move a resolution in Kerala Legislative Assembly demanding President to recall the Governor who took a stand against the resolution passed by the state Legislative Assembly citing it 'Unconstitutional'. Opposition Leader Ramesh Chennithala has sent a notice to Speaker P Sreeramakrishnan seeking permission to move the motion under section 130 of Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly.
"If the Governor has any dissatisfaction over Assembly's proceedings he should inform the Legislative Assembly in writing otherwise not ridicule the Assembly in open. The Kerala Legislative Assembly's resolution demanding the Centre to scrap the Citizenship Amendment Act (CAA),2019, on December 31, last year and even the lone BJP MLA had voted against it. However, the Governor declared it 'unconstitutional' publicly. With this he had acted against the powers and rights of Assembly," Ramesh Chennithala said in Kochi on Saturday.
"I have submitted the notice to Speaker under section 130 (discussion on a matter of public interest) 130 of Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly. As per section 284 (V) (rules to be observed while speaking) a member while speaking shall not reflect upon the conduct of persons in high authority unless the discussion is based on a substantive motion drawn in proper terms. Hence I sought the permission for moving this kind of a resolution,", he added.
Welcoming the Opposition Congress' plan, Governor Arif Mohammed Khan said he was functioning as per the Constitution.
"Most welcome," Khan said when asked about the Opposition move against him. "Everyone is entitled to their opinion. I am the constitutional head of the state. It's my duty to advice, counsel, encourage and warn the government. It's part of my duty as per the Constitution and as interpreted by the Supreme Court also," he told media on the sidelines of a programme here.
Khan said there was no confrontation with the government, but reiterated that the state's move to approach the apex court against CAA without informing him was not right.
"There maybe some difference of opinion but it cannot be termed as confrontation," Khan, who has been over loggerheads with the state government for past few weeks, said.
If the Opposition motion is allowed in the Kerala Assembly it would be first in the history of presenting a motion requesting the President to recall the Governor. However, the Assembly had passed a special motion against the then Governor Ram Dulari Sinha after she refused to sign an ordinance and made arbitrary nominations to the Senate of Calicut University. The then Speaker Varkala Radhakrishnan had made a ruling on February 2, 1989, that a motion requesting the Centre to remove the Governor can be moved in the Assembly as the Assembly has such a power. "As per 156 (1), the Governor shall hold office during the pleasure of the President. Hence we are requesting the President to recall Governor," said Chennithala.
Earlier, former Chief Justice and Governor P Sathasivam said that there was nothing unconstitutional in a state Assembly passing a resolution against a Central Act and the state Legislature has the right to express its views on any law passed by the Centre. "During the five-year tenure of Sathasivam, he had never addressed any media conference and only issued official press releases to inform the public. However, Arif Mohammed Khan is meeting the media persons on a daily basis and challenging the state," added Opposition Leader.