Law Min Prasad Tells Anti-CAA States to Seek Legal Advice

Prasad’s statement came a day after the Kerala assembly passed a resolution to withdraw the Citizenship Act.

Published02 Jan 2020, 03:09 AM IST
India
2 min read

Union Law Minister Ravi Shankar Prasad on Wednesday, 1 January, 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 that 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.

Prasad said the government's 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.”
Ravi Shankar Prasad, Union Law Minister

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.”
Ravi Shankar Prasad, Union Law Minister

Other states including West Bengal, Bihar, Madhya Pradesh and Rajasthan have said they will not implement the amended Citizenship Act.

However, the Kerala Chief Minister rejected the BJP leader's claims, saying that the states have their own privileges.

"State Assemblies have their own privileges. Such actions are unheard of anywhere but we can't rule out anything in the present circumstances since unprecedented things are happening in the country these days," Pinarayi Vijayan was quoted by The Indian Express as saying.

The Indian Express report said that the Kerala CM was responding to BJP MP GVL Narsimha Rao’s move to write to Rajya Sabha Speaker M Venkaiah Naidu to initiate breach of parliamentary privileges and contempt proceedings.

He said that the State Assemblies have their own special protection and that should not be violated. He said Kerala has become the first state to pass a resolution against a law violating the fundamental principles of the Constitution.

(With inputs from The Indian Express and PTI)

Liked this story? We'll send you more. Subscribe to The Quint's newsletter and get selected stories delivered to your inbox every day. Click to get started.

The Quint is available on Telegram & WhatsApp too, click to join.

Stay Updated

Subscribe To Our Daily Newsletter And Get News Delivered Straight To Your Inbox.

Join over 120,000 subscribers!