Union Law Minister Ravi Shankar Prasad has said that all the states have a constitutional duty to implement laws passed by Parliament. He also asked the states that had rejected the bill to seek appropriate legal opinion on constitutional provisions.
Crux of the Matter
Kerala Assembly recently passed a resolution asking the Centre to withdraw CAA.
The Law Minister referring to Clause 2 of Article 245 of the Constitution he said that the Parliament could make laws on subjects under the Union List which included citizenship.
Mr Prasad said, “ it is surprising that those who have come to power by taking oath under the Constitution are now making unconstitutional statements”.
The Law Minister said the governments which claim they would not allow the CAA or were getting resolutions passed against implementing it might seek appropriate legal opinion on constitutional provisions.
Article 245 (2) states that no law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation
States like Kerala, West Bengal, Bihar, Madhya Pradesh and Rajasthan have openly denied implementing the CAA.
Curiopedia
Territorial nexus is a concept described in Article 245 of the Constitution of India that determines how legislative powers are divided. “Article 245 provides, inter alia, that (subject to the provisions of the Constitution).
(i) Parliament may make laws for the whole or any part of the territory of India and (ii) the legislature of a State may make laws for the whole or any part of the State.
(b) Thus, article 245 sets out the limits of the legislative powers of the Union and the States from the geographical (or territorial) angle. From the point of view of the subject matter of legislation, it is article 246 which is important.
Curated Coverage
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