On Friday, the Apex Court posted after 4 weeks for hearing a plea challenging the legislative competence of diverse State Assemblies in adopting 'Resolutions' against central statutes like CAA and farm laws which fall under the Union List of the Seventh Schedule.
A Bench headed by CJI SA Bobde asked Counsel appearing for petitioner Samta Andolan Samiti (SAS) to do more research.
The SC bench said that "Do some research on the other aspects, we will see, we don't want to create more problems".
The PIL filed by SAS has raised a question of law as to whether within the Constitutional framework, more particularly Article 213(2)(a) & Article 246(1), any State Legislature can adopt 'Resolution' adversely criticising a central Statute which falls in List I of the Seventh Schedule.
The plea impugning the legislative actions of four different State Legislative Assemblies of Rajasthan, Kerala, Punjab & West Bengal which according to the petitioner, have infringed Fundamental Rights of all Indian citizens.
The State Legislatures of Rajasthan, Kerala, Punjab & West Bengal purportedly adopted resolutions condemning & adversely criticising the Citizenship (Amendment) Act, 2019 even after it was passed by both the Houses of the Parliament & received Presidential assent being duly notified in the Gazette of India, stated the petition.
The plea added that "The Legislative Assembly of West Bengal adopted a Resolution against three Central Legislations (farm laws). Rules of Procedure of the these Legislative Assemblies framed under Article 208 contain chapters titled 'Resolutions' & the same, apart from imposing a precondition upon the Speakers to decide the admissibility of the Resolution before allowing the same to be placed in the Assembly, also prohibit subjects which are not primarily the concern of the state government & on which litigations are pending".
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