Kerala Assembly's anti-CAA resolution 'not unconstitutional, no privilege breached': Achary

The Kerala Assembly resolution urging the Centre to repeal the new citizenship law is "not unconstitutional" and it does not breach Parliament's privilege, former Lok Sabha Secretary-General P D T Achary said Friday, a day after Governor Arif Mohammed Khan asserted it has no legal validity.

"There is nothing unusual for a state assembly to pass a resolution expressing its views, opinions and feelings against a legislation approved by Parliament. There is nothing unconstitutional or illegal in it. Because the Constitution does not prohibit any state from adopting a resolution in the interest of its people," Achary told PTI.

On Thursday, the Kerala Governor said the resolution "has absolutely no constitutional or legal validity". "Citizenship comes exclusively in the domain of the Central List. The state government has no role. So why these people engaged in something which is a non-issue for Kerala," Khan had asked.

Achary said Khan's comment was "legally and constitutionally incorrect".

The resolution was only a "request" to the Centre to repeal Citizenship Amendment Act, he said. "A request is a request. Constitution does not say state governments should not make such a request."
"When Parliament approves a legislation, it is not doing anything as enforcement of its privileges or part of its privileges. It is only performing its constitutional function. So where is the breach of privilege involved in this? I don't think so," he said, adding, "If at all a breach of privilege issue is to be raised it has to be against the assembly speaker who admitted the resolution and not the CM."