LDF govt plea against CAA in SC: Guv says he may seek report

Kerala Governor Arif Mohammed Khan on Friday slammed the Left-ruled state government for approaching the Supreme Court against the Citizenship (Amendment) Act and said he may seek a report for not informing him about the move.

Attacking Chief Minister Pinarayi Vijayan, Khan said the public affairs and the business of the government cannot be run in accordance with the "whims of an individual or a political party" and everyone has to respect the rules.

The state government had on January 13 moved the top court challenging the Act and had sought to declare it as ultra vires of the Constitution.

"Wherever I see there is any violation, wherever, they are departing from the rule, from the provisions of the Constitution, there is no way I shall not ask for a report," Khan told reporters in New Delhi.

The governor also said he has to ensure that the Constitutional machinery in the state does not collapse.

Khan, who met the media at Kerala House, said the role of the governor of a state was clearly prescribed in the Constitution and the Rules of business clearly states that such cases "which affect the relation between the state and the centre" should have been submitted to the governor by the Chief Minister.

"Before a decision is taken, these classes of cases shall be submitted by the Chief Minister to the Governor.

Cases which affects the relation of the state government with the Government of India, any other state government in the Supreme Court or the High Courts..the Chief Minister is duty bound to submit these cases to the governor," Khan said.

The governor of the state, who is the "constitutional head", was responsible for the transactions of business of the government in accordance with the Constitution, he said opening his mind on the issue for the second consecutive day.

In a suit filed in the apex court, the state government has sought to declare that the CAA 2019 is violative of Article 14 (Equality before law), 21 (Protection of life and personal liberty) and 25 (Freedom of conscience and free profession, practice, and propagation of religion) of the Constitution as well as violative of the basic principle of secularism enshrined in it.

Reiterating that the provision of citizenship does not come under the purview of the state government, he said none was above the law in the country and all have to follow the constitution.

"Nobody in this country is above the law. We all have to follow the law, Constitution. I represent the President of India. Once the President gives his assent, it becomes my duty to defend it," Khan said.

The governor had told the media in Kerala on Thursday that protocol demanded that as a Constitutional head he should have been informed first before the top court was moved and termed the government's act as "improper."
He had earlier criticised the state government for advertising in newspapers in Delhi about the state's anti-CAA stand and had said that spending public money for political campaigning was "thoroughly undesirable."