States can pass resolutions against Central laws: Supreme Court

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Court says they are merely opinions, do not have force of law.

The Supreme Court on Friday prima facie found no harm in State Legislative Assemblies, such as those in Kerala and West Bengal, passing resolutions against Central laws like the controversial Citizenship Amendment Act or the controversial new farm laws.

A Bench, led by Chief Justice Sharad A. Bobde, said these resolutions are merely “opinions” of the majority members of a Legislative Assembly and do not have the force of law.

Also read | Kerala Assembly passes resolution urging Centre to scrap farm laws

The court was hearing a PIL filed by a Rajasthan-based NGO, Samta Andolan Samiti, that said State Assemblies, such as of Rajasthan, Kerala, Punjab and West Bengal, have no business passing resolutions against Central laws that come under the Union List of the Seventh Schedule of the Constitution.

The Samiti, represented by senior advocate Saumya Chakraborty, asked the Supreme Court to quash the resolutions and declare them void. The hearing mostly focused on the resolution passed by the Kerala Assembly on December 31, 2019, criticising CAA as a law violating the right to equality. The Assembly had called upon the Centre to abrogate the CAA.

“It is the opinion of the majority in the Kerala Assembly… They have not told people to disobey the law, they have only told Parliament to abrogate the law. It is only an opinion and does not have the force of law,” Chief Justice Bobde addressed Mr. Chakraborty.

Also read | West Bengal Assembly passes resolution demanding repeal of Centre’s farm laws

But the petitioner said that the Kerala Assembly should not be having an opinion whether the law is “good, bad or indifferent”.

“Since they (State Assemblies) cannot make laws on the subjects in the Union List, they cannot also have a casual opinion on them,” Mr. Chakraborty argued.

He said the Resolution was made even as about 60 petitions were pending in the Supreme Court against the CAA.

“We are with you if you say that Kerala Assembly has no jurisdiction to set aside the law made by Parliament. But do they have no right to express an opinion?” Chief Justice Bobde asked.

The senior lawyer said the Kerala Assembly procedure is clear in mandating that the House should not pass a resolution in matters which do not concern the State.

“How can you say this is not a concern of the state?” the CJI asked.

The court adjourned the case for four weeks, asking the petitioner to do further research on the issue.

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Congress will not implement CAA in Assam, says Rahul Gandhi | India News – Times of India

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LAHOWAL: Congress leader Rahul Gandhi Friday assured that the Citizenship Amendment Act (CAA) will not be implemented in Assam if the party is voted to power in the state in the coming Assembly poll.
It will be ensured in the state assembly that the CAA is not implemented in Assam, Gandhi told students of Lahowal College in Dibrugarh district.
“In the other states, we will stop it (CAA implementation) after we (Congress) come to power at the national level,” he said.
Asked to comment on whether BJP is mixing religion and politics, he said that the saffron party does not use religion but hatred to create divisions among different sections of the society.
“No religion has asked to use hatred. Where is it written in Hinduism that there should be ‘nafrat’ (hatred)? It is BJP that spreads hatred to divide society and wherever they do it Congress goes there to promote love, brotherhood and harmony,” he said.
In an apparent reference to the RSS, the senior Congress leader said that there is a force in Nagpur that is trying to control the entire country. But the youth of today should resist it with love and confidence as they are the future of democracy.
Twenty years ago Assam was hit by violence but after Congress came to power it ensured peace and development.
“BJP ka kaam hain todna, hamaara kaam hain jodna (BJP’s work is to divide but our job is to unite people), he said.
Gandhi said there is a direct relation between hatred and unemployment. “If hatred increases, unemployment will increase and vice versa. Can two sections of the society fighting against each other do business together? For business and employment oppurtunities to thrive, there should be harmony and brotherhood”.
He also accused the saffron party of selling off Assam’s resources to outsiders like the tea companies in the state, the Guwahati airport to the Adanis and the tea companies.
The senior Congress leader said that at present the country has a ‘Hum do, Hamare do ka Sarkar’ (a government of two with two others)- one in Parliament (apparently Prime Minister Narendra Modi and Union Home Minister Amit Shah) and two outside (Adani and Ambani likely).
“Assam’s resources and wealth must go into the pockets of the Assamese. The state must be managed in the interest of the people here”, the Congress leader said.
The erstwhile Congress government, he said, had laid the foundation for the country’s future growth, employment and development by initiating several schemes, including MGNREGA and Food Security.
“Can you name the schemes started by BJP? We had promised in Chattisgarh to waive off farm loans and we did it. We have a record of not making promises in the air. We give guarantees”, he asserted.
In Assam Congress has given ‘5 guarantees’. They are five lakh government jobs to youths in five years, upto 200 units of free electricity per household, Rs 365 daily wage to tea workers and Rs 2000 per month to housewives besides the assurance not to implement the CAA in the state, he said.
Asked by students about rising unemployment and Congress’ plans to tackle it, Gandhi said that the priority of the party if voted to power will be to first fill up vacant posts and focus on sectors like health and education for creating new jobs.
When a student questioned him about privatisation of education, Gandhi said that it is a “big problem” created by BJP. “Education should not be commercialised as it is a fundamental right. We are against the commercialisation of education”.
He said, “There are certain places for privatisation, but not in education and health where public sector has a role. We are fighting against BJP on this”, he said.
The biggest sale is taking place in the agricultural sector and its privatisation is being done through the three farm laws, he claimed.
To another question on why protesting students are being sent to jail, Gandhi said “The rulers are scared of the confidence of the youth. They are scared that if more become confident they cannot control. So the youth are sent to jail”.
When another student pointed out that Prime Minister Narendra Modi does not visit Assam during floods but only during elections, the Congress leader quipped, “What can you give him during floods? So why will he visit you? But now you can give him votes, so he is visiting you.
“You can ensure that he does not come at all and stays at home by your vote. You have to save India’s democracy as you are the future of democracy. More youths should enter politics and actively participate in fighting against the wrongs”, he added.
Gandhi is on a two-day visit to the poll-bound north eastern state from Friday. He will campaign in upper Assam and will release the party’s manifesto in Guwahati on Saturday, Congress sources said.

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