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'Repeal CAA': Kerala Legislature Passes Resolution [Read Resolution]

LIVELAW NEWS NETWORK
31 Dec 2019 9:41 AM GMT
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The Kerala Legislature has passed a resolution requesting the Central Government to repeal the Citizenship Amendment Act, 2019.

The Chief Minister Pinarayi Vijayan moved the resolution in which he said that the CAA is against the principles of Secularism and Equality doctrine, which are parts of basic structure of the Constitution of India. He said that the basic idea of constitution is 'unity in diversity'.

The resolution states that the Amendment has evoked concerns among large number of persons since it discriminates between people on the ground of religion. 

"Since the Citizenship Amendment Act is against the secular view of the Constitution, it violates the basic structure of the Constitution", the resolution read.

"We are proud of our secularism and unity in diversity that sustains as a part of secularism. India has been able to survive despite its diverse geography, different languages and cultures, as secularism and unity in diversity forms our foundation. We should remember that when secularism is threatened, it would weaken the existence of the country", the CM said during the discussion of the resolution.

The Chief Minister in his speech said, "The amendment amounts to division on the basis of religion and has created a wrong picture about our country at the international level. The Citizenship Amendment Act has created apprehensions among Non-Resident Keralites as well. It is under these circumstances that the resolution was moved for discussion." 

The resolution concluded by urging the Central Government to take steps to repeal the Act taking into account the fact the grant of citizenship on religious grounds will legitimize religious discrimination, destroying the secular values of the Constitution.

Kerala Government had taken a stand against the CAA right from the beginning. Following West Bengal, the Kerala Government had recently decided to stay the work related to National Population Register, which is perceived to be first step towards nationwide National Register of Citizens.

The Rules of Procedure of the Assembly provides that a Member or a Minister may move a resolution relating to a matter of 'general public interest'. One of the conditions of admissibility is that such resolution shall not relate to a matter which is under adjudication by a court of law.  Whether to admit a resolution or not is ultimately the discretion of the Speaker, as per the Rules.

Article 212 of the Constitution of India stipulates that the validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.

The ruling coalition led by Communist Party of India (Marxist) and the opposition Congress-led UDF supported the resolution. 

Earlier this month, the Parliament passed Citizenship Amendment Bill. A slew of petitions have been filed in the Supreme Court challenging the Act.The Supreme Court has issued notice on all petitions challenging the Constitutional Validity of Citizenship (Amendment) Act 2019. 

Click here to Read/Download Resolution



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