, KCR ? || State Resolutions On Central Laws Are Fine ||
The Supreme Court however did not accept this argument.
"It (resolution against CAA) is only an opinion expressed. They haven't told people to not follow the law. They have only requested Parliament to reconsider. It is a resolution, an opinion of the Assembly. Can we tell the legislature not to have an opinion?" the bench asked.
Soumya Chakraborty, appearing for the NGO, however argued that state legislatures "cannot opine in any manner on a law passed by Parliament".
He also cited rules of the Kerala Assembly to argue that there is "limited freedom of speech and expression for the legislature".
"If they can't pass a law on an issue in the Central list, they also cannot have an opinion. It's not the state's business. The state assembly rules say they cannot comment on Parliament," he argued.
https://www.indiatoday.in/india/story/why-can-t-state-legislatures-have-opinion-on-central-law-sc-asks-petitioner-challenging-assembly-resolutions-against-caa-1781392-2021-03-20
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, KCR ? || State Resolutions On Central Laws Are Fine || The Supreme Court however did not accept this argument. "It (resolution against CAA) is only an opinion expressed. They haven't told people to not follow the law. They have only requested Parliament to reconsider. It is a resolution, an opinion of the Assembly. Can we tell the legislature not to have an opinion?" the bench asked. Soumya Chakraborty, appearing for the NGO, however argued that state legislatures "cannot opine in any manner on a law passed by Parliament". He also cited rules of the Kerala Assembly to argue that there is "limited freedom of speech and expression for the legislature". "If they can't pass a law on an issue in the Central list, they also cannot have an opinion. It's not the state's business. The state assembly rules say they cannot comment on Parliament," he argued. https://www.indiatoday.in/india/story/why-can-t-state-legislatures-have-opinion-on-central-law-sc-asks-petitioner-challenging-assembly-resolutions-against-caa-1781392-2021-03-20