Supreme Court: Resolutions can be passed by States against Central Laws

The Supreme Court prima facie found no harm in State Legislative Assemblies, passing resolutions against Central laws like the controversial Citizenship Amendment Act or the new farm laws.

The court was hearing a PIL filed by a Rajasthan-based NGO, Samta Andolan Samiti, which stated that, State Assemblies, such as Rajasthan, Kerala, Punjab and West Bengal, cannot pass resolutions against Central laws that come under the Union List of the Seventh Schedule of the Constitution.

The hearing focused on the resolution passed by the Kerala Assembly on December 31, 2019, criticising CAA as a law violating the right to equality. The Assembly had called upon the Centre to abrogate the CAA.The NGO, represented by Senior Advocate Saumya Chakraborty, asked the Supreme Court to quash the resolutions and declare them void.

The petitioner further stated that the Kerala Assembly should not have an opinion whether the Central law is “good, bad or indifferent”, since they cannot make laws which are in the Union List.A Bench, led by Chief Justice Sharad A. Bobde, stated that the resolutions are merely “opinions” of the majority members of a Legislative Assembly and do not have the force of law.

Additionally, they have not told people to disobey the law, they have asked Parliament to abrogate the law.

The court adjourned the case for four weeks, asking the petitioner to do further research on the issue.

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