Two days ahead of the Congress government's move to bring in an anti-CAA resolution in the assembly, Lt Governor Kiran Bedi on Monday, 11 February shot off a letter to Chief Minister V Narayanasamy, saying the Act passed by Parliament is applicable to the union territory and "cannot be questioned or deliberated in any manner."
She said this after three nominated legislators from the BJP, V Saminathan, K G Shankar and S Sellaganapathy, met her and submitted a petition, bringing to her notice the government's move to bring in a resolution in the assembly on 12 February against the Citizenship Amendment Act.
The legislators had already presented a petition to the Speaker V P Sivakolundhu on 6 February, requesting him not to permit any discussion or a resolution against CAA
“as it exceeds the powers of the Legislative Assembly under Government of Union Territories Act 1963”.
The legislators requested the Lt Governor to take necessary action, saying any discussion or deliberation on CAA would be violative of the provisions of the Constitution and infringing the rights of Parliament.
They also pointed out that the CAA had been passed by both Houses of Parliament and the President had also given his assent to the Act.
Kiran Bedi, in her WhatsApp message, said she had examined the legal position of their representation and sent a letter to the Chief Minister, “advising him accordingly”.
She pointed out in her letter that CAA had been passed by both Houses of Parliament, given assent to by the President and notified in the extraordinary Gazette of 12 December, 2019.
She said the legislative power of the Puducherry Assembly does not extend to discussing or deliberating the matter of citizenship as it falls squarely within the domain of Parliament and the Central government.
"The matter of CAA is already under adjudication before the Supreme Court," she said.
Bedi said that as per Rules of Procedure and Conduct of Business of Puducherry Legislative Assembly 1966
“a resolution of any matter which is under adjudication by a court of law having jurisdiction in any part of India is not not admissible under Rule 105 of the above mentioned rules”.Kiran Bedi, Lt Governor, Puducherry
The Lt Governor said she had also enclosed a copy of the petition with her letter to the Chief Minister.
Narayanasamy had said on 3 February that he would not inform Bedi in advance about the proposed anti-CAAresolution and that it would be done after the resolution was approved.
The Chief Minister had said the assembly had the right and the privilege to adopt such a resolution to protect the interests of the people of the Union Territory.