The court says that they are just opinions, not force of law.
The Supreme Court on Friday found prima facie no harm in state legislatures, such as in Kerala and West Bengal, passing resolutions against central laws such as the controversial Citizenship Amendment Act or the controversial new agricultural laws.
Chief Justice Sharad A. A bench headed by Bobde said that these resolutions are only “opinions” of the majority members of a Legislative Assembly and not a force of law.
Read this also. Kerala Assembly urges Center to dissolve agricultural laws
The court was hearing a PIL filed by the Samata Andolan Samiti, a non-governmental body in Rajasthan, stating that there was no business passing resolution against central laws in state assemblies, such as Rajasthan, Kerala, Punjab and West Bengal Are those which fall under the Union list. Seventh Schedule to the Constitution.
The committee, represented by senior advocate Soumya Chakraborty, asked the Supreme Court to quash the motions and declare them void. The hearing mostly focused on the resolution passed by the Kerala Legislative Assembly on December 31, 2019, criticizing the CAA as a law violating the right to equality. The Assembly had called upon the Center to repeal the CAA.
“This is the majority opinion in the Kerala Legislative Assembly… They have not asked people to disobey the law, they have only asked Parliament to repeal the law. It is only an opinion and not a force of law, ”Chief Justice Bobde addressed Mr. Chakravarty.
Read this also. The West Bengal Legislative Assembly passed a resolution demanding the repeal of the agricultural laws of the Center
But the petitioner said that there should not be an opinion in the Kerala Legislative Assembly as to whether the law is “good, bad or indifferent”.
“Because they (state legislatures) cannot legislate on subjects in the Union List, they cannot even hold a contingent opinion on them,” argued Mr. Chakravarthy.
He said that about 60 petitions are pending against the CAA in the Supreme Court, even the motion was made.
“We are with you if you say that the Kerala Legislature has no jurisdiction to set aside the law made by the Parliament. But do they have no right to express opinions? Chief Justice Bobde asked.
The senior counsel said that the process of the Kerala Legislative Assembly is clear in assuming that the House should not pass resolutions in matters which do not concern the state.
“How can you say that this is not the concern of the state?” The CJI asked.
The court adjourned the case for four weeks, asking the petitioner to conduct further research on the issue.
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