Validity of “State’s resolution against Central laws”

Validity of “State’s resolution against Central laws”

The Supreme Court prima facie found no harm in State Legislative Assemblies, such as those in Kerala and West Bengal, passing resolutions against Central laws like the controversial Citizenship Amendment Act or the controversial new farm laws.

About the case

A Bench, led by Chief Justice Sharad A. Bobde, said these resolutions are merely “opinions” of the majority members of a Legislative Assembly and do not have the force of law.

Several State Assemblies passed resolutions against the Citizenship Amendment Act and the farm laws. A petition was filed in the Supreme Court challenging the legislative competencies of states passing resolutions against Central laws.

The petitioner argued that the States cannot make laws on the subjects in the Union List. So the State Assemblies should not give an opinion on the merits or limitations of the central law.

Supreme Court observations on the Case

In the case of State’s resolution against Central laws, the Supreme Court has said that states passing resolutions against the Central laws were not disobeying any law. And so, this was only a matter of expressing States opinions.

Moreover, the states also have the right to express their opinions. The resolutions do not mean that they are asking people to disobey the law.

The Seventh Schedule of Indian Constitution

The constitutional provisions in India on the subject of distribution of legislative powers between the Union and the States are defined under several articles; the most important in this regard being specifically under articles 245 & 246 of the Constitution of India.

The seventh Schedule under Article 246 of the constitution deals with the division of powers between the union and the states. It contains three lists-

• Union List: Union List includes subjects of national importance such as defence of the country, foreign affairs, banking, communications and currency. They are included in this list because we need a uniform policy on these matters throughout the country.
• State List:The state list includes public order, police, state court fees, prisons, local government, public health and sanitation, hospitals and dispensaries, pilgrimages within India, intoxicating liquors, relief of disabled and unemployable, libraries, communications, agriculture, animal husbandry, water etc.
• Concurrent List:It contains subjects in which both Parliament and state legislatures have jurisdiction. The Concurrent List contains subjects of common interest to both the Union as well as the States. These include education, forest, trade unions, marriage, adoption, and succession. Both, the Central and the state governments can make laws in the Concurrent List.