Lawstreet Journal

PIL Challenging Competence of State Assemblies to Adopt Resolution Against Central Statutes like CAA, Farm Laws to be heard by SC

Lawstreet Journal 13 Mar 2021 9:09pm

Image courtesy: Lawstreet Journal Judiciary PIL Challenging Competence of State Assemblies to Adopt Resolution Against Central Statutes like CAA, Farm Laws to be heard by SC

A plea is due to be heard by the Supreme Court on Friday (March 12, 2021) which challenges the legislative competence of State Assemblies in adopting resolutions against the central statutes such as Farm Laws and CAA. These fall under the seventh schedule of the Union list. 

The PIL has been filed by Samta Andolan Samiti raising questions on the legislative actions of four different State Assemblies, namely that of Kerala, West Bengal, Rajasthan and Punjab. It claims that these assemblies have infringed the Fundamental Rights of Indian citizens. The matter will be heard by a Bench comprising CJI SA Bobde and Justice Bopanna. 

The petition has specifically raised a question of law, whether under Articles 213(2)(a) and 246(1) any state assembly endowed with the power to pass resolutions which criticise a Central statute that falls within the List I of the Seventh Schedule. 

It was further stated in the petition that the four State Assemblies chose to condemn the Citizenship (Amendment) Act, 2019 even after it was passed by both the houses of Parliament and received the assent of the President. The same was duly notified in the Gazette of India. The act was supposed to come into force on December 12, 2019. However, there were about sixty petitions challenging its constitutional validity and the adjudication was pending before the Supreme Court. The notices were issued pertaining to the same. 

In furtherance of this, the Legislative Assembly of West Bengal has chosen to criticise the three recently passed Farm laws and adopted a… Continue Reading...

Tagged: Supreme Court of India  
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