Two days ahead of the special session of the Legislative Assembly convened by the government to adopt a resolution seeking a repeal of Citizenship (Amendment) Act, Lt Governor Kiran Bedi on Monday wrote a letter to Chief Minister V. Narayanasamy advising him not to go ahead with the legislative procedure as a law passed by the Parliament was applicable to the Union Territory as well.
Hours after a delegation of three nominated legislators - V. Saminathan, K. G Shankar and S. Selvaganapathy, belonging to the Bharatiya Janata Party - submitted a memorandum to Ms Bedi seeking her intervention on the issue, the Lt Governor in her letter to the Chief Minister said the legislative power of the Assembly does not extend to the subject matter of Citizenship as it falls squarely within the domain of Parliament and Central government.
“Further the matter of CAA is already under adjudication before the Supreme Court. As per the Rules of Procedure and Conduct of Business of Puducherry Legislative Assembly, 1966, resolution of any matter which is under jurisdiction by a court of law having jurisdiction in any part of India is not admissible under rule 105 of the Rules of ibid,” Ms Bedi said, in her letter.
Opposing the move to adopt a resolution, the BJP members, in their memorandum to the Lt Governor, said any discussion on CAA would be an infringement on the rights of the Parliament. The resolution will be a clear violation of the constitution, the memorandum said.
Talking to reporters, Mr Saminathan said the government was deliberately violating Constitutional provisions despite knowing the consequences. “The Chief Minister is a lawyer and he knows about the implications,” he charged.
Notwithstanding the advisory from the Lt Governor, the government appeared to have made up its mind to adopt the resolution. “Immediately after Parliament passed the law, the Chief Minister has categorically stated that it will not be implemented in the Union Territory whatever maybe the consequences. We are sticking to our stand,” a ruling party leader said.
