Thread by @barandbench

Supreme Court to hear 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
#CAA
#NRC
#SupremeCourt

The plea states the Legislative actions of four different State Legislative Assemblies of Rajasthan, Kerala, Punjab and West Bengal have infringed Fundamental Rights of all Indian citizens
#SupremeCourt

Senior Adv Soumya Chakroborty: I was asked to look at Arnab Goswami case and the Legislative competence bit. Article 194(2) provides the constitutional embargo.

CJI: We have nothing to do with liability of members

Chakraborty: Article 102, and Article 122 is important here. (Reads Article 212 of the Constitution). These are two embargoes set out in the Constitution.

Chakroborty: Article 194(3) has been questioned a lot of times since it deals with privileges of members or non members.

Chakraborty:No immunity to legislature and this was set out in the Justice PB Gajendragadhkar's judgment.

CJI: Show us the resolution you are objecting to and why cannot such resolution be passed ?

Chakraborty points towards the resolution passed by Kerala Assembly.

CJI; This is the opinion of the members of the Kerala Assembly. They have only asked the Parliament to consider its opinion and abrogate the law passed. It has no force of law. They are not asking people to disobey law

Chakraborty: They have no jurisdiction

CJI: don't they have jurisdiction to express their opinion. They are not disobeying any law. Is State Legislature a person within the meaning of "person" or "citizen"

Chakraborty: The assembly cannot delve into a casual discussion about this if they have no power to do anything about it.

Chakraborty: There are 60 writ petitions were pending as on the date when such a resolution was passed. Law states resolution cannot be on issue which us pending adjudication. It was pending before your lordships

CJI to his brother judges: What do you say about this?

CJI: Has this rule of legislature never interpreted before?

Chakraborty: no my lord

CJI: There must be some precedent. Check up and tell me..

CJI: do some research and let us know. We don't want to create more problems than solving.

Adv: I bow down

#SupremeCourt

No notice issued.